Amendment ASA1-AB100

AB100-ASA1, s. 1371 Section 1371. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and amended to read:

AB100-ASA1,755,7 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,919,800 in each $3,804,000 in fiscal year 1997-98 and not more than $3,734,000 in fiscal year 1998-99 of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families and for family-based child welfare services.

AB100-ASA1, s. 1372 Section 1372. 48.985 (3) of the statutes is amended to read:

AB100-ASA1,755,12 48.985 (3) Community youth and family aids. From the appropriation account under s. 20.410 (3) (oo) (ko), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 301.26, not more than $1,100,000 in each fiscal year.

AB100-ASA1, s. 1373 Section 1373. 49.025 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,755,17 49.025 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bt), an amount for that year determined as follows:

AB100-ASA1, s. 1374 Section 1374. 49.027 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,755,22 49.027 (2) (a) (intro.) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (5) (bu), an amount for that year determined as follows:

AB100-ASA1, s. 1375 Section 1375. 49.027 (2) (a) 1. d. of the statutes is amended to read:

AB100-ASA1,756,3 49.027 (2) (a) 1. d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (5) (bu) for relief block grants for that year.

AB100-ASA1, s. 1376 Section 1376. 49.029 (2) of the statutes is amended to read:

AB100-ASA1,756,12 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (5) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB100-ASA1, s. 1741m Section 1741m. 49.114 of the statutes is created to read:

AB100-ASA1,756,20 49.114 Contract powers of the department. (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.

AB100-ASA1,757,4 (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.

AB100-ASA1,757,9 (3) Religious character and freedom. (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.

AB100-ASA1,757,12 (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.

AB100-ASA1,757,21 (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.

AB100-ASA1,757,25 (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.

AB100-ASA1,758,4 (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.

AB100-ASA1,758,8 (7) Fiscal accountability. (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.

AB100-ASA1,758,11 (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.

AB100-ASA1,758,14 (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.

AB100-ASA1,758,17 (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.

AB100-ASA1,758,21 (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.

AB100-ASA1, s. 1377 Section 1377. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and amended to read:

AB100-ASA1,758,24 49.124 (1) (title) Definition Definitions. (intro.) In this section , "food:

AB100-ASA1,759,2 (b) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029 2036.

AB100-ASA1, s. 1378 Section 1378. 49.124 (1) (ag) of the statutes is created to read:

AB100-ASA1,759,5 49.124 (1) (ag) "Controlled substance" has the meaning given in 21 USC 802 (6).

AB100-ASA1, s. 1379 Section 1379. 49.124 (1) (am) of the statutes is created to read:

AB100-ASA1,759,7 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-ASA1, s. 1380 Section 1380. 49.124 (1) (c) of the statutes is created to read:

AB100-ASA1,759,9 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

AB100-ASA1, s. 1381 Section 1381. 49.124 (1) (d) of the statutes is created to read:

AB100-ASA1,759,11 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

AB100-ASA1, s. 1382 Section 1382. 49.124 (1) (e) of the statutes is created to read:

AB100-ASA1,759,14 49.124 (1) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

AB100-ASA1, s. 1383 Section 1383. 49.124 (1g) of the statutes is created to read:

AB100-ASA1,759,17 49.124 (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:

AB100-ASA1,759,25 (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 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.

AB100-ASA1,760,4 (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.

AB100-ASA1,760,8 (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.

AB100-ASA1,760,11 (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.

AB100-ASA1,760,14 (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:

AB100-ASA1,760,16 1. The delinquency equals less than 3 months of the court-ordered support payments.

AB100-ASA1,760,18 2. A court or county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.

AB100-ASA1,760,20 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.

AB100-ASA1, s. 1384 Section 1384. 49.124 (1m) (a) of the statutes is amended to read:

AB100-ASA1,761,7 49.124 (1m) (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 section subsection. Except as provided in pars. (b) and (bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed 40 hours per week subsection.

AB100-ASA1, s. 1751b Section 1751b. 49.124 (1m) (c) of the statutes is repealed.

AB100-ASA1, s. 1751c Section 1751c. 49.124 (1m) (cm) of the statutes is amended to read:

AB100-ASA1,761,13 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.

AB100-ASA1, s. 1751g Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,761,18 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.

AB100-ASA1, s. 1385 Section 1385. 49.124 (1n) of the statutes is created to read:

AB100-ASA1,761,23 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:

AB100-ASA1,761,25 (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.

AB100-ASA1,762,2 (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.

AB100-ASA1,762,5 (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.

AB100-ASA1, s. 1386 Section 1386. 49.124 (3) of the statutes is amended to read:

AB100-ASA1,762,11 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.

AB100-ASA1, s. 1387 Section 1387. 49.124 (5) of the statutes is created to read:

AB100-ASA1,763,3 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.

AB100-ASA1,763,8 (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.

AB100-ASA1, s. 1388 Section 1388. 49.124 (6) of the statutes is created to read:

AB100-ASA1,763,13 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.

AB100-ASA1, s. 1389 Section 1389. 49.127 (8) (a) 2. of the statutes is amended to read:

AB100-ASA1,763,17 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.

AB100-ASA1, s. 1390 Section 1390. 49.127 (8) (b) 2. of the statutes is amended to read:

AB100-ASA1,763,21 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.

AB100-ASA1, s. 1391 Section 1391. 49.127 (8) (c) of the statutes is created to read:

AB100-ASA1,763,25 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.

AB100-ASA1, s. 1392 Section 1392. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1. (intro.) and amended to read:

AB100-ASA1,764,5 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:

AB100-ASA1,764,9 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.

AB100-ASA1, s. 1393 Section 1393. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:

AB100-ASA1,764,12 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.

AB100-ASA1,764,14 b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

AB100-ASA1,764,15 c. For a 3rd offense under this section, permanently.

AB100-ASA1, s. 1394 Section 1394. 49.127 (8) (d) 1m. of the statutes is created to read:

AB100-ASA1,764,20 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.

AB100-ASA1, s. 1395 Section 1395. 49.127 (8) (e) of the statutes is created to read:

AB100-ASA1,764,24 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:

AB100-ASA1,764,25 a. Upon the first such finding, for 2 years.

AB100-ASA1,765,1 b. Upon the 2nd such finding, permanently.

AB100-ASA1,765,4 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.

AB100-ASA1, s. 1396 Section 1396. 49.127 (8) (f) of the statutes is created to read:

AB100-ASA1,765,10 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.