27,1751c
Section 1751c. 49.124 (1m) (cm) of the statutes is amended to read:
49.124 (1m) (cm) Notwithstanding par. (c), the 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.
27,1751g
Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.124 (1m) (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.
27,1752
Section 1752
. 49.124 (1n) of the statutes is created to read:
49.124 (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:
(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.
(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.
(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.
27,1753
Section 1753
. 49.124 (3) of the statutes is amended to read:
49.124 (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) (de) (dz) and (nL) and reimburse the federal government from the funds withheld.
27,1754
Section 1754
. 49.124 (5) of the statutes is created to read:
49.124 (5) Drug convictions. (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.
(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.
27,1755
Section 1755
. 49.124 (6) of the statutes is created to read:
49.124 (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 or parole imposed by a state or federal court.
27,1755m
Section 1755m. 49.124 (7) of the statutes is created to read:
49.124 (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.
27,1757
Section 1757
. 49.127 (8) (a) 2. of the statutes is amended to read:
49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.
27,1758
Section 1758
. 49.127 (8) (b) 2. of the statutes is amended to read:
49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 5 years or both.
27,1759
Section 1759
. 49.127 (8) (c) of the statutes is created to read:
49.127 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 20 years or both.
27,1760
Section 1760
. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1. (intro.) and amended to read:
49.127 (8) (d) 1. (intro.) In addition to the penalties applicable under par. (a) or, (b)
or (c), the court may shall suspend a person who violates this section from participation in the food stamp program up to 18 months.
as follows:
2. The person may apply to the county department under s. 46.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.
27,1761
Section 1761
. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:
49.127 (8) (d) 1. a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.
b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.
c. For a 3rd offense under this section, permanently.
27,1762
Section 1762
. 49.127 (8) (d) 1m. of the statutes is created to read:
49.127 (8) (d) 1m. In addition to the penalties applicable under par. (a), (b) or (c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered by 7 USC 2024 (b) or (c) having a value of $500 or more.
27,1763
Section 1763
. 49.127 (8) (e) of the statutes is created to read:
49.127 (8) (e) 1. If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:
a. Upon the first such finding, for 2 years.
b. Upon the 2nd such finding, permanently.
2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.
27,1764
Section 1764
. 49.127 (8) (f) of the statutes is created to read:
49.127 (8) (f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.
27,1765
Section 1765
. 49.13 of the statutes is repealed.
27,1766
Section 1766
. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and amended to read:
49.155 (1) (ag) In this section, “child “Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).
27,1767
Section 1767
. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g) (intro.) and amended to read:
49.155 (1g) (intro.) Subject to sub. (4) (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:
27,1768
Section 1768
. 49.131 (2) (a) of the statutes is repealed.
27,1769
Section 1769
. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:
49.131 (2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute $190,800 $4,315,000 in fiscal year 1995-96 1997-98 and $197,700 $4,315,000 in fiscal year 1996-97 1998-99 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.445 (3) (cp) and (md). (c) 1. For program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97. 3. For for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under
s. 49.132 (4) (e) sub. (1d) and for a system of rates or a program of grants, as provided under s. 49.132 (4) (e)
sub. (1d), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4. 4. For and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.
27,1770
Section 1770
. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (b).
27,1771
Section 1771
. 49.131 (2) (b) 2. of the statutes is amended to read:
49.131 (2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer $1,026,800 $1,687,400 in fiscal year 1996-97 1997-98 and $1,687,400 in fiscal year 1998-99 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.
27,1772
Section 1772
. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (c).
27,1773
Section 1773
. 49.131 (2) (c) (intro.) of the statutes is repealed.
27,1774
Section 1774
. 49.131 (3) of the statutes is repealed.
27,1775
Section 1775
. 49.131 (4) of the statutes is renumbered 49.155 (1j) and amended to read:
49.155 (1j) If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (2)
(1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under sub. (2) (1g). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (2) (1g), only with the approval of the committee.
27,1776
Section 1776
. 49.132 (2) (a) of the statutes is amended to read:
49.132 (2) (a) The Within the limits of available federal funds and from the appropriation under s. 20.445 (3) (cm) the department shall distribute the funds
allocated under s. 49.13 for at-risk and low-income child care services under subs. (2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private nonprofit child care providers who agencies that provide child care for the children of migrant workers or shall reimburse child care providers who provide at-risk and low-income child care.
27,1777
Section 1777
. 49.132 (4) (am) of the statutes is amended to read:
49.132 (4) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after May 10, 1996, is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line. An applicant who is eligible under this paragraph and who began receiving aid under this section on or after May 10, 1996, continues to be eligible for aid under this section until the family income of the applicant is greater than 200% of the poverty line.
27,1778
Section 1778
. 49.132 (6) of the statutes is amended to read:
49.132 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d) October 1, 1997, or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later.
27,1779
Section 1779
. 49.134 (2) (a) of the statutes is amended to read:
49.134 (2) (a) From the allocation under s. 49.131 (2) (c) 2. 49.131 (2) (b) 1m., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.
27,1780
Section 1780
. 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.134 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.
27,1781
Section 1781
. 49.136 (2) (a) of the statutes is amended to read:
49.136 (2) (a) From the allocation under s. 49.131 (2) (c) 1. 49.131 (2) (b) 1m., the department shall award grants for the start-up or expansion of child care services.
27,1782
Section 1782
. 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.136 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall award grants for the start-up or expansion of child care services.
27,1783
Section 1783
. 49.137 (2) (a) of the statutes is amended to read:
49.137 (2) (a) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.
27,1784
Section 1784
. 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.137 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.
27,1785
Section 1785
. 49.137 (3) (a) of the statutes is amended to read:
49.137 (3) (a) From the allocation under s. 49.131 (2) (c) 3. 49.131 (2) (b) 1m., the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).
27,1786
Section 1786
. 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.137 (3) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).
27,1787
Section 1787
. 49.137 (4) (intro.) of the statutes is amended to read:
49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:
27,1788
Section 1788
. 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:
49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:
27,1788m
Section 1788m. 49.137 (4) (gm) of the statutes is created to read:
49.137 (4) (gm) Providing training to child care providers in providing child care for children with special needs and developing a network of child care providers who are qualified to provide child care for children with special needs.
27,1789
Section 1789
. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138 (1m) (intro.), as renumbered, is amended to read:
49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by applicable federal laws and regulations. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (p) (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness may be used only to obtain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless if any of the following applies:
27,1790
Section 1790
. 49.138 (1d) of the statutes is created to read:
49.138 (1d) In this section:
(a) “Administering agency" means the department or, if the department has contracted with a Wisconsin works agency under sub. (3), the Wisconsin works agency.
