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49.029(3) (3)Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.
49.029 History History: 1995 a. 27, 216; 1997 a. 27.
49.031 49.031 Payment of relief block grants to counties.
49.031(1)(1)Filing of relief block grant report. Each county that is eligible for a relief block grant under s. 49.02 (1) in a year shall prepare a report, in accordance with rules promulgated by the department under s. 49.02 (7m) (c), detailing the costs incurred for relief provided to dependent persons in that year. The report shall be filed with the department by March 1 of the year immediately following the year in which the costs were incurred.
49.031(2) (2)Deadline for payment of relief block grants. The department shall pay a relief block grant to each eligible county by July 31 of the year immediately following the year for which the relief block grant is made or within 30 days after the effective date of the act that provides funding, for that year, for the appropriation from which relief block grant moneys are paid, whichever is later.
49.031 History History: 1995 a. 27.
49.08 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).
49.08 Annotation Dependent of relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy, 81 W (2d) 32, 259 NW (2d) 701.
subch. III of ch. 49 SUBCHAPTER III
ECONOMIC SUPPORT AND WORK PROGRAMS
49.11 49.11 Definitions. In this subchapter:
49.11(1) (1) "Department" means the department of workforce development.
49.11(2) (2) "Secretary" means the secretary of workforce development.
49.11 History History: 1995 a. 27 ss. 2770, 9130 (4); 1997 a. 3.
49.114 49.114 Contract powers of the department.
49.114(1)(1)Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
49.114(2) (2)Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.
49.114(3) (3)Religious character and freedom.
49.114(3)(a)(a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.
49.114(3)(b) (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.
49.114(4) (4)Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.
49.114(5) (5)Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.
49.114(6) (6)Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.
49.114(7) (7)Fiscal accountability.
49.114(7)(a)(a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.
49.114(7)(b) (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.
49.114(8) (8)Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.
49.114(9) (9)Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.
49.114(10) (10)Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.
49.114 History History: 1997 a. 27.
49.124 49.124 Food stamp administration.
49.124(1) (1)Definitions. In this section:
49.124(1)(ag) (ag) "Controlled substance" has the meaning given in 21 USC 802 (6).
49.124(1)(am) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
49.124(1)(b) (b) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2036.
49.124(1)(c) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
49.124(1)(d) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
49.124(1)(df) (df) "Qualified alien" has the meaning given in 8 USC 1641 (b).
49.124(1)(e) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).
49.124(1g) (1g)Denial of eligibility. An individual is ineligible to participate in the food stamp program in a month that any of the following is true:
49.124(1g)(a) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments, if any, or other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.124(1g)(b) (b) The individual is a man who is alleged to be the father under s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.124(1g)(c) (c) If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.124(1g)(d) (d) The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.
49.124(1g)(e) (e) The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This paragraph does not apply if any of the following applies:
49.124(1g)(e)1. 1. The delinquency equals less than 3 months of the court-ordered support payments.
49.124(1g)(e)2. 2. A court or county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.
49.124(1g)(e)3. 3. The individual is complying with a payment plan approved by a county child support agency under s. 59.53 (5) to provide support for the child of the individual.
49.124(1m) (1m)Employment and training program.
49.124(1m)(a)(a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in pars. (b), (bm) [and (br)], the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.
49.124 Note NOTE: The creation of par. (br) was removed from 1997 Wis. Act 27 by the governor's partial veto. Corrective legislation is pending.
49.124(1m)(b) (b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a).
49.124(1m)(bm) (bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program or an institution of higher education.
49.124(1m)(cm) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.
Effective date note NOTE: Par. (cm) is shown as amended eff. 2-1-99 by 1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.
49.124(1m)(d) (d) A participant in an employment and training program under this section administered by the department is an employe of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section administered by a Wisconsin works agency is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.124(1n) (1n)Ineligibility for noncompliance with work requirements. An individual who fails to comply with the work requirements under sub. (1m) (a) without good cause is ineligible to participate in the food stamp program under this section as follows:
49.124(1n)(a) (a) For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.
49.124(1n)(b) (b) For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.
49.124(1n)(c) (c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.
49.124(1p) (1p)Waiver.
49.124(1p)(a)(a) The department shall request a waiver from the secretary of the federal department of agriculture to permit the application of par. (b). Paragraph (b) does not apply unless a waiver is granted and in effect.
49.124(1p)(b) (b) The department shall modify eligibility and benefit amounts under the food stamp program to provide for a graduated schedule of benefits based on income in the manner described in the waiver under par. (a).
49.124(2) (2)Liability for lost food coupons.
49.124(2)(a)(a) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's, tribe's or Wisconsin works agency's direct control, except as provided in par. (b).
49.124(2)(b) (b) A county, federally recognized American Indian tribe or Wisconsin works agency is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.
49.124(2)(c) (c) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county, members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county, tribe or Wisconsin works agency.
49.124(3) (3)Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (2) from the payment to the county or tribe under s. 20.445 (3) (dz) and (nL) and reimburse the federal government from the funds withheld.
49.124(4) (4)Migrant worker waiver program.
49.124(4)(a)(a) In this subsection, "migrant worker" has the meaning given in s. 49.47 (4) (av) 1.
49.124(4)(b) (b) The department shall request a waiver from the secretary of the federal department of agriculture to allow the application of par. (c). The waiver shall also seek a waiver from those federal quality control standards under the food stamp program that the department determines to be necessary in order to make the application of par. (c) feasible. Paragraph (c) applies only while the waiver under this paragraph is in effect.
49.124(4)(c) (c) If a migrant worker and his or her dependents do not meet the income limitations under the food stamp program using prospective budgeting, the department shall determine eligibility for the migrant worker and his or her dependents using an income-averaging method described in the waiver under par. (b).
49.124(5) (5)Drug convictions.
49.124(5)(a)(a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.
49.124(5)(b) (b) If an individual whose needs are not considered under par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.124(6) (6)Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.
49.124(7) (7)Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.
49.124(8) (8)Benefits for qualified aliens. Not later than June 15, 1998, the department shall submit a plan to the secretary of the federal department of agriculture to provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of 8 USC 1612 or 1613. If the secretary of the federal department of agriculture approves the plan, the department shall provide benefits under this section beginning on August 1, 1998, or on the day that the plan is approved, whichever is later, to a qualified alien who is otherwise eligible for benefits under this section. This subsection does not apply to the extent that federal food stamp benefits for qualified aliens are restored by the federal government.
49.124 History History: 1987 a. 27; 1995 a. 27 ss. 2788 to 2793, 3140, 3141; 1995 a. 289; 1997 a. 27, 38, 191, 236, 283.
49.125 49.125 Recovery of food stamps.
49.125(1) (1) The department, or a county, an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k), 46.22 (1) (b) 2. d. or 49.143 (2) (e). Recovery shall be made in accordance with 7 USC 2022.
49.125(2) (2) A county or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under 7 USC 2025 which is recovered under sub. (1) due to the efforts of an employe or officer of the county or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county or governing body may retain. This subsection does not apply to recovery of an overpayment that was made as a result of state, county or tribal governing body error.
49.125 History History: 1985 a. 29, 176; 1987 a. 27; 1991 a. 269; 1995 a. 27, 289.
49.127 49.127 Food stamp offenses.
49.127(1) (1) In this section:
49.127(1)(a) (a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).
49.127(1)(b) (b) "Food" means items which may be purchased using food coupons under 7 USC 2012 (g) and 2016 (b).
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?