Amendment ASA1-AB100

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.

AB100-ASA1, s. 1397 Section 1397. 49.13 of the statutes is repealed.

AB100-ASA1, s. 1398 Section 1398. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and amended to read:

AB100-ASA1,765,16 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).

AB100-ASA1, s. 1399 Section 1399. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g) (intro.) and amended to read:

AB100-ASA1,765,21 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:

AB100-ASA1, s. 1400 Section 1400. 49.131 (2) (a) of the statutes is repealed.

AB100-ASA1, s. 1401 Section 1401. 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:

AB100-ASA1,766,20 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.

AB100-ASA1, s. 1402 Section 1402. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (b).

AB100-ASA1, s. 1403 Section 1403. 49.131 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,767,2 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.

AB100-ASA1, s. 1404 Section 1404. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (c).

AB100-ASA1, s. 1405 Section 1405. 49.131 (2) (c) (intro.) of the statutes is repealed.

AB100-ASA1, s. 1406 Section 1406. 49.131 (3) of the statutes is repealed.

AB100-ASA1, s. 1407 Section 1407. 49.131 (4) of the statutes is renumbered 49.155 (1j) and amended to read:

AB100-ASA1,767,23 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.

AB100-ASA1, s. 1408 Section 1408. 49.132 (2) (a) of the statutes is amended to read:

AB100-ASA1,768,7 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.

AB100-ASA1, s. 1409 Section 1409. 49.132 (4) (am) of the statutes is amended to read:

AB100-ASA1,768,15 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.

AB100-ASA1, s. 1410 Section 1410. 49.132 (6) of the statutes is amended to read:

AB100-ASA1,768,19 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.

AB100-ASA1, s. 1411 Section 1411. 49.134 (2) (a) of the statutes is amended to read:

AB100-ASA1,768,24 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.

AB100-ASA1, s. 1412 Section 1412 . 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,769,6 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.

AB100-ASA1, s. 1413 Section 1413 . 49.136 (2) (a) of the statutes is amended to read:

AB100-ASA1,769,10 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.

AB100-ASA1, s. 1414 Section 1414 . 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,769,14 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.

AB100-ASA1, s. 1415 Section 1415 . 49.137 (2) (a) of the statutes is amended to read:

AB100-ASA1,769,22 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.

AB100-ASA1, s. 1416 Section 1416 . 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,770,7 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.

AB100-ASA1, s. 1417 Section 1417 . 49.137 (3) (a) of the statutes is amended to read:

AB100-ASA1,770,11 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).

AB100-ASA1, s. 1418 Section 1418 . 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,770,16 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).

AB100-ASA1, s. 1419 Section 1419 . 49.137 (4) (intro.) of the statutes is amended to read:

AB100-ASA1,770,23 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:

AB100-ASA1, s. 1420 Section 1420 . 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,771,6 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:

AB100-ASA1, s. 1788m Section 1788m. 49.137 (4) (gm) of the statutes is created to read:

AB100-ASA1,771,10 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.

AB100-ASA1, s. 1421 Section 1421. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138 (1m) (intro.), as renumbered, is amended to read:

AB100-ASA1,772,2 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:

AB100-ASA1, s. 1422 Section 1422. 49.138 (1d) of the statutes is created to read:

AB100-ASA1,772,4 49.138 (1d) In this section:

AB100-ASA1,772,7 (a) "Administering agency" means the department or, if the department has contracted with a Wisconsin works agency under sub. (3), the Wisconsin works agency.

AB100-ASA1,772,8 (b) "Needy person" has the meaning specified by the department by rule.

AB100-ASA1, s. 1423 Section 1423. 49.138 (2) of the statutes is amended to read:

AB100-ASA1,772,11 49.138 (2) Emergency assistance provided to a person under sub. (1) (1m) (c) may be provided once in a 12-month period.

AB100-ASA1, s. 1424 Section 1424. 49.138 (3) of the statutes is created to read:

AB100-ASA1,772,14 49.138 (3) The department may contract with a Wisconsin works agency to administer this section.

AB100-ASA1, s. 1425 Section 1425. 49.138 (4) of the statutes is created to read:

AB100-ASA1,772,22 49.138 (4) (a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.

AB100-ASA1,773,3 (b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB100-ASA1,773,4 1. Withdraws the petition in writing.

AB100-ASA1,773,7 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

AB100-ASA1,773,12 (c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

AB100-ASA1, s. 1426 Section 1426. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.) and amended to read:

AB100-ASA1,773,15 49.141 (1) (j) (intro.) "Parent" means either a any of the following:

AB100-ASA1,773,16 1. A biological parent, a.

AB100-ASA1,773,18 2. A person who has consented to the artificial insemination of his wife under s. 891.40, or a.

AB100-ASA1,773,19 3. A parent by adoption.

AB100-ASA1, s. 1427 Section 1427. 49.141 (1) (j) 4. of the statutes is created to read:

AB100-ASA1,773,23 49.141 (1) (j) 4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60.

AB100-ASA1, s. 1428 Section 1428. 49.141 (1) (j) 5. of the statutes is created to read: