AB100-ASA1,758,119 (b) If the religious organization segregates funds provided under programs
10administered by the department into separate accounts, then only the financial
11assistance provided with those funds shall be subject to audit.
AB100-ASA1,758,14 12(8) Compliance. Any party that seeks to enforce its rights under this section
13may assert a civil action for injunctive relief against the entity or agency that
14allegedly commits the violation.
AB100-ASA1,758,17 15(9) Limitations on use of funds for certain purposes. No funds provided
16directly to religious organizations by the department may be expended for sectarian
17worship, instruction or proselytization.
AB100-ASA1,758,21 18(10) Preemption. Nothing in this section may be construed to preempt any
19provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any
20other statute that prohibits or restricts the expenditure of federal or state funds in
21or by religious organizations.
AB100-ASA1, s. 1377 22Section 1377. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and
23amended to read:
AB100-ASA1,758,2424 49.124 (1) (title) Definition Definitions. (intro.) In this section , "food:
AB100-ASA1,759,2
1(b) "Food stamp program" means the federal food stamp program under 7 USC
22011
to 2029 2036.
AB100-ASA1, s. 1378 3Section 1378. 49.124 (1) (ag) of the statutes is created to read:
AB100-ASA1,759,54 49.124 (1) (ag) "Controlled substance" has the meaning given in 21 USC 802
5(6).
AB100-ASA1, s. 1379 6Section 1379. 49.124 (1) (am) of the statutes is created to read:
AB100-ASA1,759,77 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-ASA1, s. 1380 8Section 1380. 49.124 (1) (c) of the statutes is created to read:
AB100-ASA1,759,99 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB100-ASA1, s. 1381 10Section 1381. 49.124 (1) (d) of the statutes is created to read:
AB100-ASA1,759,1111 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
AB100-ASA1, s. 1382 12Section 1382. 49.124 (1) (e) of the statutes is created to read:
AB100-ASA1,759,1413 49.124 (1) (e) "Wisconsin works employment position" has the meaning given
14in s. 49.141 (1) (r).
AB100-ASA1, s. 1383 15Section 1383. 49.124 (1g) of the statutes is created to read:
AB100-ASA1,759,1716 49.124 (1g) Denial of eligibility. An individual is ineligible to participate in
17the food stamp program in a month that any of the following is true:
AB100-ASA1,759,2518 (a) The individual is a custodial parent of a child who is under the age of 18 and
19who has an absent parent, or the individual lives with and exercises parental control
20over a child who is under the age of 18 and who has an absent parent, and the
21individual does not fully cooperate in efforts directed at establishing the paternity
22of the child, if necessary, and obtaining support payments, if any, or other payments
23or property, if any, to which that individual or the child may have rights. This
24paragraph does not apply if the individual has good cause for refusing to cooperate,
25as determined by the department in accordance with federal law and regulations.
AB100-ASA1,760,4
1(b) The individual is a man who is alleged to be the father under s. 767.45 of
2a child under the age of 18 and the individual refuses to cooperate, as determined by
3the department in accordance with federal law and regulations, in efforts directed
4at establishing the paternity of the child.
AB100-ASA1,760,85 (c) If the individual is a noncustodial mother of a child under the age of 18 and
6the paternity of the father has not been established, the individual refuses to
7cooperate, as determined by the department in accordance with federal law and
8regulations, in efforts directed at establishing the paternity of the child.
AB100-ASA1,760,119 (d) The individual is a noncustodial parent of a child under the age of 18 and
10the individual refuses to cooperate, as determined by the department in accordance
11with federal law and regulations, in providing or obtaining support for the child.
AB100-ASA1,760,1412 (e) The individual is obligated by court order to provide child support payments
13and is delinquent in making those court-ordered payments. This paragraph does not
14apply if any of the following applies:
AB100-ASA1,760,1615 1. The delinquency equals less than 3 months of the court-ordered support
16payments.
AB100-ASA1,760,1817 2. A court or county child support agency under s. 59.53 (5) is allowing the
18individual to delay the child support payments.
AB100-ASA1,760,2019 3. The individual is complying with a payment plan approved by a county child
20support agency under s. 59.53 (5) to provide support for the child of the individual.
AB100-ASA1, s. 1384 21Section 1384. 49.124 (1m) (a) of the statutes is amended to read:
AB100-ASA1,761,722 49.124 (1m) (a) The department shall administer an employment and training
23program for recipients under the food stamp program. The department may contract
24with a Wisconsin works agency to administer the employment and training program
25under this section subsection. Except as provided in pars. (b) and (bm), the

1department may require able individuals who are 18 to 60 years of age who are not
2participants in a Wisconsin works employment position, as defined in s. 49.141 (1)
3(r),
to participate in the employment and training program under this section. To the
4extent permitted by federal law or waiver, and except as provided in par. (cm), the
5department may distribute food stamp benefits on a pay-for-performance basis, as
6determined under par. (c). The maximum number of hours an individual may be
7required to work may not exceed 40 hours per week
subsection.
AB100-ASA1, s. 1751b 8Section 1751b. 49.124 (1m) (c) of the statutes is repealed.
AB100-ASA1, s. 1751c 9Section 1751c. 49.124 (1m) (cm) of the statutes is amended to read:
AB100-ASA1,761,1310 49.124 (1m) (cm) Notwithstanding par. (c), the The amount of food stamp
11benefits paid to a recipient who is a participant in a Wisconsin works employment
12position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction
13benefit amount received s. 49.148.
AB100-ASA1, s. 1751g 14Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin
15Act .... (this act), is amended to read:
AB100-ASA1,761,1816 49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is
17a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5)
18shall be calculated based on the pre-sanction benefit amount received s. 49.148.
AB100-ASA1, s. 1385 19Section 1385. 49.124 (1n) of the statutes is created to read:
AB100-ASA1,761,2320 49.124 (1n) Ineligibility for noncompliance with work requirements. An
21individual who fails to comply with the work requirements under sub. (1m) (a)
22without good cause is ineligible to participate in the food stamp program under this
23section as follows:
AB100-ASA1,761,2524 (a) For the first occurrence of noncompliance, one month, or until the person
25complies with the work requirements under sub. (1m) (a), whichever is later.
AB100-ASA1,762,2
1(b) For the 2nd occurrence of noncompliance, 3 months, or until the person
2complies with the work requirements under sub. (1m) (a), whichever is later.
AB100-ASA1,762,53 (c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or
4until the person complies with the work requirements under sub. (1m) (a), whichever
5is later.
AB100-ASA1, s. 1386 6Section 1386. 49.124 (3) of the statutes is amended to read:
AB100-ASA1,762,117 49.124 (3) Deductions from county income maintenance payments. The
8department shall withhold the value of food stamp losses for which a county or
9federally recognized American Indian tribe is liable under sub. (2) from the payment
10to the county or tribe under s. 20.445 (3) (de) (dz) and (nL) and reimburse the federal
11government from the funds withheld.
AB100-ASA1, s. 1387 12Section 1387. 49.124 (5) of the statutes is created to read:
AB100-ASA1,763,313 49.124 (5) Drug convictions. (a) The department shall require an applicant
14for, or recipient under, the food stamp program to state in writing whether the
15applicant or recipient or any member of the applicant's or recipient's household has
16been convicted, in any state or federal court of a felony that has as an element
17possession, use or distribution of a controlled substance. The department shall
18require an applicant or recipient, or member of the applicant's or recipient's
19household to submit to a test for use of a controlled substance as a condition of
20continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
21date the written statement is made, the applicant or recipient or the member of the
22applicant's or recipient's household was convicted in any state or federal court of a
23felony that had as an element possession, use or distribution of a controlled
24substance. If the test results are positive with respect to any individual, the
25department may not consider the needs of that individual in determining the

1household's eligibility for the food stamp program for at least 12 months from the
2date of the test. The department shall, however, consider the income and resources
3of that individual to be available to the household.
AB100-ASA1,763,8 4(b) If an individual whose needs are not considered under par. (a) submits to
5a test for use of a controlled substance at least 12 months after the date that the
6department first disregarded that individual's needs under par. (a), and if the test
7results are negative, the department shall consider the individual's needs in
8determining the eligibility of the individual's household.
AB100-ASA1, s. 1388 9Section 1388. 49.124 (6) of the statutes is created to read:
AB100-ASA1,763,1310 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food
11stamp program in a month in which that person is a fugitive felon under 7 USC 2015
12(k) (1) or is violating a condition of probation or parole imposed by a state or federal
13court.
AB100-ASA1, s. 1389 14Section 1389. 49.127 (8) (a) 2. of the statutes is amended to read:
AB100-ASA1,763,1715 49.127 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than
16$5,000,
a person who violates this section may be fined not more than $10,000 or
17imprisoned for not more than 5 years or both.
AB100-ASA1, s. 1390 18Section 1390. 49.127 (8) (b) 2. of the statutes is amended to read:
AB100-ASA1,763,2119 49.127 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than
20$5,000,
a person who violates this section may be fined not more than $10,000 or
21imprisoned for not more than 5 years or both.
AB100-ASA1, s. 1391 22Section 1391. 49.127 (8) (c) of the statutes is created to read:
AB100-ASA1,763,2523 49.127 (8) (c) For any offense under this section, if the value of the food coupons
24is $5,000 or more, a person who violates this section may be fined not more than
25$250,000 or imprisoned for not more than 20 years or both.
AB100-ASA1, s. 1392
1Section 1392. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1.
2(intro.) and amended to read:
AB100-ASA1,764,53 49.127 (8) (d) 1. (intro.) In addition to the penalties applicable under par. (a)
4or, (b) or (c), the court may shall suspend a person who violates this section from
5participation in the food stamp program up to 18 months. as follows:
AB100-ASA1,764,9 62. The person may apply to the county department under s. 46.215, 46.22 or
746.23 or the federally recognized American Indian tribal governing body or, if the
8person is a supplier, to the federal department of agriculture for reinstatement
9following the period of suspension, if the suspension is not permanent.
AB100-ASA1, s. 1393 10Section 1393. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:
AB100-ASA1,764,1211 49.127 (8) (d) 1. a. For a first offense under this section, one year. The court
12may extend the suspension by not more than 18 months.
AB100-ASA1,764,1413 b. For a 2nd offense under this section, 2 years. The court may extend the
14suspension by not more than 18 months.
AB100-ASA1,764,1515 c. For a 3rd offense under this section, permanently.
AB100-ASA1, s. 1394 16Section 1394. 49.127 (8) (d) 1m. of the statutes is created to read:
AB100-ASA1,764,2017 49.127 (8) (d) 1m. In addition to the penalties applicable under par. (a), (b) or
18(c), a court shall permanently suspend from the food stamp program a person who
19has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered
20by 7 USC 2024 (b) or (c) having a value of $500 or more.
AB100-ASA1, s. 1395 21Section 1395. 49.127 (8) (e) of the statutes is created to read:
AB100-ASA1,764,2422 49.127 (8) (e) 1. If a court finds that a person traded a controlled substance, as
23defined in s. 961.01 (4), for food coupons, the court shall suspend the person from
24participation in the food stamp program as follows:
AB100-ASA1,764,2525 a. Upon the first such finding, for 2 years.
AB100-ASA1,765,1
1b. Upon the 2nd such finding, permanently.
AB100-ASA1,765,42 2. If a court finds that a person traded firearms, ammunition or explosives for
3food coupons, the court shall suspend the person permanently from participation in
4the food stamp program.
AB100-ASA1, s. 1396 5Section 1396. 49.127 (8) (f) of the statutes is created to read:
AB100-ASA1,765,106 49.127 (8) (f) Notwithstanding par. (d), in addition to the penalties applicable
7under par. (a), (b) or (c), the court shall suspend from the food stamp program for a
8period of 10 years a person who fraudulently misstates or misrepresents his or her
9identity or place of residence for the purpose of receiving multiple benefits
10simultaneously under the food stamp program.
AB100-ASA1, s. 1397 11Section 1397. 49.13 of the statutes is repealed.
AB100-ASA1, s. 1398 12Section 1398. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and
13amended to read:
AB100-ASA1,765,1614 49.155 (1) (ag) In this section, "child "Child care provider" means a provider
15licensed under s. 48.65, certified under s. 48.651 or established or contracted for
16under s. 120.13 (14).
AB100-ASA1, s. 1399 17Section 1399. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g)
18(intro.) and amended to read:
AB100-ASA1,765,2119 49.155 (1g) (intro.) Subject to sub. (4) (1j) and s. 16.54 (2), the department shall,
20within the limits of the availability of the federal child care and development block
21grant funds received under 42 USC 9858, do all of the following:
AB100-ASA1, s. 1400 22Section 1400. 49.131 (2) (a) of the statutes is repealed.
AB100-ASA1, s. 1401 23Section 1401. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are
24consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:
AB100-ASA1,766,20
149.131 (2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute
2$190,800 $4,315,000 in fiscal year 1995-96 1997-98 and $197,700 $4,315,000 in
3fiscal year 1996-97 1998-99 for the purposes of providing technical assistance for
4child care providers and of administering the child care programs funded under s.
520.445 (3) (cp) and (md). (c) 1. For
program under this section and for grants under
6s. 49.136 (2) for the start-up and expansion of child day care services, and for child
7day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and
8$226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day
9care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000,
10in fiscal year 1996-97. 3. For
for grants under s. 49.137 (3) to assist child care
11providers in meeting the quality of care standards established under s. 49.132 (4) (e)
12sub. (1d) and for a system of rates or a program of grants, as provided under s. 49.132
13(4) (e)
sub. (1d), to reimburse child care providers that meet those quality of care
14standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97.
15If an amount distributed under this subdivision will not be fully expended, the
16department may transfer the unexpended funds to the distribution under subd. 4.
174. For
and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve
18the quality of child day care services in this state, $450,000 in fiscal year 1995-96
19and $450,000 in fiscal year 1996-97, plus any amounts that the department
20transfers to this distribution under subd. 3
.
AB100-ASA1, s. 1402 21Section 1402. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin
22Act .... (this act), is renumbered 49.155 (1g) (b).
AB100-ASA1, s. 1403 23Section 1403. 49.131 (2) (b) 2. of the statutes is amended to read:
AB100-ASA1,767,224 49.131 (2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer
25$1,026,800 $1,687,400 in fiscal year 1996-97 1997-98 and $1,687,400 in fiscal year

11998-99
to the appropriation under s. 20.435 (6) (kx) for the purpose of day care
2center licensing under s. 48.65.
AB100-ASA1, s. 1404 3Section 1404. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin
4Act .... (this act), is renumbered 49.155 (1g) (c).
AB100-ASA1, s. 1405 5Section 1405. 49.131 (2) (c) (intro.) of the statutes is repealed.
AB100-ASA1, s. 1406 6Section 1406. 49.131 (3) of the statutes is repealed.
AB100-ASA1, s. 1407 7Section 1407. 49.131 (4) of the statutes is renumbered 49.155 (1j) and
8amended to read:
AB100-ASA1,767,239 49.155 (1j) If the department receives unanticipated federal child care and
10development block grant funds under 42 USC 9858 and it proposes to allocate the
11unanticipated funds so that an allocation limit in sub. (2) (1g) is exceeded, the
12department shall submit a plan for the proposed allocation to the secretary of
13administration. If the secretary of administration approves the plan, he or she shall
14submit it to the joint committee on finance. If the cochairpersons of the committee
15do not notify the secretary of administration within 14 working days after the date
16of his or her submittal
that the committee has scheduled a meeting for the purpose
17of reviewing the plan within 14 working days after the date of his or her submittal,
18the department may implement the plan, notwithstanding any allocation limit
19under sub. (2) (1g). If within 14 working days after the date of the submittal by the
20secretary of administration the cochairpersons of the committee notify him or her
21that the committee has scheduled a meeting for the purpose of reviewing the plan,
22the department may implement the plan, notwithstanding sub. (2) (1g), only with the
23approval of the committee.
AB100-ASA1, s. 1408 24Section 1408. 49.132 (2) (a) of the statutes is amended to read:
AB100-ASA1,768,7
149.132 (2) (a) The Within the limits of available federal funds and from the
2appropriation under s. 20.445 (3) (cm) the
department shall distribute the funds
3allocated under s. 49.13 for at-risk and low-income child care services under subs.
4(2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private
5nonprofit child care providers who agencies that provide child care for the children
6of migrant workers or shall reimburse child care providers who provide at-risk and
7low-income child care
.
AB100-ASA1, s. 1409 8Section 1409. 49.132 (4) (am) of the statutes is amended to read:
AB100-ASA1,768,159 49.132 (4) (am) A parent who is gainfully employed, or who is less than 20 years
10of age and is enrolled in an educational program, who is in need of child care services
11and who applies for aid on or after May 10, 1996, is eligible for aid under this section
12if the family income of the applicant is equal to or less than 165% of the poverty line.
13An applicant who is eligible under this paragraph and who began receiving aid under
14this section on or after May 10, 1996, continues to be eligible for aid under this section
15until the family income of the applicant is greater than 200% of the poverty line.
AB100-ASA1, s. 1410 16Section 1410. 49.132 (6) of the statutes is amended to read:
Loading...
Loading...