A bill banning individuals from intentionally abusing a state employment program passed in the Senate Tuesday, despite critics who warned the bill would have negative consequences for the offender’s family.

According to Wisconsin’s Department of Children and Families, the Wisconsin Works (W-2) program is available to parents of minor children whose family income is below 115 percent of the federal poverty level. 

Each W-2-eligible individual meets with a Financial and Employment Planner who helps the individual develop an employability plan, according to the program’s website.

State law currently allows the W-2 program to permanently deny benefits to anyone who intentionally violates rules on three separate occasions. The new legislation would establish six- and 12-month funding bans from the program for first and second violations.

The bill passed 18-15, with Sen. Jim Holperin, D-Conover, voting with Republicans in support.

Sen. Jon Erpenbach, D-Middleton, said the bill would have negative consequences on the family members of the person accused of potentially abusing the W-2 system. 

“Under this legislation, if you’re accused, you lose,” Erpenbach said. “No hearing, no trial, no nothing; you lose the benefits. This will guarantee that when a parent intentionally steals from the taxpayers, his entire family is out the door.”

Erpenbach sympathized with the author’s reasoning for drafting the bill and said if there actually is an intentional violation, it should be dealt with. 

However, he said the state already pays investigators to seek out fraud in the community and he would not encourage the Senate “plowing ahead” on improper legislation.

Sen. Rich Zipperer, R-Pewaukee, said the rhetoric being used to discredit the bill was “preposterous” and the floor needed to take a step back and look at what the bill actually does. 

“The worker [at W-2] makes a determination if they believe there was intent. That worker makes a referral to an investigative agency who makes the final decision,” Zipperer said.

Zipperer added the critics of the bill were actually arguing for an incentive for the individual to abuse the system, even if it was not their original intent. 

He said if benefits continued to flow to the family, after a report of fraud or abuse, the state would be in turn paying the rent of those who committed the violation. 

During the floor session, Sen. Fred Risser, D-Madison, defended a proposed amendment that would change the bill so funds would not be stopped until after the state conducted an investigation and hearing.

“Politicians are not cut off from benefits until a court issued a decision. Those in extreme poverty should get the same chance,” Risser said. 

Risser said the bill may also be unconstitutional as it does not allow for due process and a chance for the defendant to be heard.

Rep. Alberta Darling, R-River Hills, said an investigation is conducted before the funds are cut and that 30 days after the request of denial, the individual may request a hearing to challenge the claims.