SB77-SSA1,761,2320
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:
SB77-SSA1,761,2524
(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.
SB77-SSA1,762,2
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.
SB77-SSA1,762,53
(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.
SB77-SSA1,762,117
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.
SB77-SSA1,763,313
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.
SB77-SSA1,763,8
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.
SB77-SSA1,763,1310
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.
SB77-SSA1,763,1715
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.
SB77-SSA1,763,2119
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.
SB77-SSA1,763,2523
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.
SB77-SSA1, s. 1760
1Section
1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1.
2(intro.) and amended to read:
SB77-SSA1,764,53
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:
SB77-SSA1,764,9
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.
SB77-SSA1, s. 1761
10Section
1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:
SB77-SSA1,764,1211
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.
SB77-SSA1,764,1413
b. For a 2nd offense under this section, 2 years. The court may extend the
14suspension by not more than 18 months.
SB77-SSA1,764,1515
c. For a 3rd offense under this section, permanently.
SB77-SSA1,764,2017
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.
SB77-SSA1,764,2422
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:
SB77-SSA1,764,2525
a. Upon the first such finding, for 2 years.
SB77-SSA1,765,1
1b. Upon the 2nd such finding, permanently.
SB77-SSA1,765,42
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.
SB77-SSA1,765,106
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.
SB77-SSA1, s. 1766
12Section
1766. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and
13amended to read:
SB77-SSA1,765,1614
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).
SB77-SSA1, s. 1767
17Section
1767. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g)
18(intro.) and amended to read:
SB77-SSA1,765,2119
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:
SB77-SSA1, s. 1769
23Section
1769. 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:
SB77-SSA1,766,20
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.
SB77-SSA1, s. 1770
21Section
1770. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin
22Act .... (this act), is renumbered 49.155 (1g) (b).
SB77-SSA1,767,224
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.
SB77-SSA1, s. 1772
3Section
1772. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin
4Act .... (this act), is renumbered 49.155 (1g) (c).
SB77-SSA1, s. 1775
7Section
1775. 49.131 (4) of the statutes is renumbered 49.155 (1j) and
8amended to read:
SB77-SSA1,767,239
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.
SB77-SSA1,768,7
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.
SB77-SSA1,768,159
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.
SB77-SSA1,768,1917
49.132
(6) Sunset. This section does not apply beginning on
the first day of the
186th month beginning after the date specified in the notice under s. 49.141 (2) (d) 19October 1, 1997.
SB77-SSA1,768,2421
49.134
(2) (a) From the allocation under s.
49.131 (2) (c) 2. 49.131 (2) (b) 1m.,
22the department shall make grants to local agencies to fund child care resource and
23referral services provided by those local agencies. The department shall provide an
24allocation formula to determine the amount of a grant awarded under this section.
SB77-SSA1, s. 1780
1Section
1780
. 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is amended to read:
SB77-SSA1,769,63
49.134
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
4department shall make grants to local agencies to fund child care resource and
5referral services provided by those local agencies. The department shall provide an
6allocation formula to determine the amount of a grant awarded under this section.
SB77-SSA1,769,108
49.136
(2) (a) From the allocation under s.
49.131 (2) (c) 1. 49.131 (2) (b) 1m.,
9the department shall award grants for the start-up or expansion of child care
10services.
SB77-SSA1, s. 1782
11Section
1782
. 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
12.... (this act), is amended to read:
SB77-SSA1,769,1413
49.136
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
14department shall award grants for the start-up or expansion of child care services.
SB77-SSA1,769,2216
49.137
(2) (a) From the allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m.,
17the department may award grants to child care providers that meet the quality of
18care standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to
19improve the retention of skilled and experienced child care staff. In awarding grants
20under this subsection, the department shall consider the applying child care
21provider's total enrollment of children and average enrollment of children who
22receive or are eligible for publicly funded care from the child care provider.
SB77-SSA1, s. 1784
23Section
1784
. 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
24.... (this act), is amended to read:
SB77-SSA1,770,7
149.137
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
2department may award grants to child care providers that meet the quality of care
3standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve
4the retention of skilled and experienced child care staff. In awarding grants under
5this subsection, the department shall consider the applying child care provider's
6total enrollment of children and average enrollment of children who receive or are
7eligible for publicly funded care from the child care provider.
SB77-SSA1,770,119
49.137
(3) (a) From the allocation under s.
49.131 (2) (c) 3. 49.131 (2) (b) 1m.,
10the department may award grants to child care providers for assistance in meeting
11the quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
SB77-SSA1, s. 1786
12Section
1786
. 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
13.... (this act), is amended to read:
SB77-SSA1,770,1614
49.137
(3) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
15department may award grants to child care providers for assistance in meeting the
16quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
SB77-SSA1, s. 1787
17Section
1787
. 49.137 (4) (intro.) of the statutes is amended to read:
SB77-SSA1,770,2318
49.137
(4) Training and technical assistance contracts. (intro.) From the
19allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract
20with one or more agencies for the provision of training and technical assistance to
21improve the quality of child care provided in this state. The training and technical
22assistance activities contracted for under this subsection may include any of the
23following activities:
SB77-SSA1, s. 1788
24Section
1788
. 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin
25Act .... (this act), is amended to read:
SB77-SSA1,771,6
149.137
(4) Training and technical assistance contracts. (intro.) From the
2allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract
3with one or more agencies for the provision of training and technical assistance to
4improve the quality of child care provided in this state. The training and technical
5assistance activities contracted for under this subsection may include any of the
6following activities:
SB77-SSA1,771,108
49.137
(4) (gm) Providing training to child care providers in providing child
9care for children with special needs and developing a network of child care providers
10who are qualified to provide child care for children with special needs.
SB77-SSA1, s. 1789
11Section
1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138
12(1m) (intro.), as renumbered, is amended to read:
SB77-SSA1,772,213
49.138
(1m) (intro.) The department shall implement a program of emergency
14assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
15energy crisis.
Eligibility shall not exceed the limitations for federal participation
16defined by applicable federal laws and regulations. The department shall establish
17the maximum amount of aid to be granted, except for cases of energy crisis, per family
18member based on the funding available under s. 20.445 (3) (dc) and
(p) (md). The
19department need not establish the maximum amount by rule under ch. 227. The
20department shall publish the maximum amount and annual changes to it in the
21Wisconsin administrative register.
Emergency assistance provided to needy persons
22under this section in cases of fire, flood, natural disaster or energy crisis may only
23be provided to a needy person once in a 12-month period. Emergency assistance
24provided to needy persons under this section in cases of homelessness may be used
25only to obtain a permanent living accommodation and, except as provided in sub. (2),
1may only be provided to a needy person once in a 36-month period. For the purposes
2of this section, a family is considered to be homeless if any of the following applies:
SB77-SSA1,772,44
49.138
(1d) In this section:
SB77-SSA1,772,75
(a) "Administering agency" means the department or, if the department has
6contracted with a Wisconsin works agency under sub. (3), the Wisconsin works
7agency.
SB77-SSA1,772,88
(b) "Needy person" has the meaning specified by the department by rule.
SB77-SSA1,772,1110
49.138
(2) Emergency assistance provided to a person under sub.
(1) (1m) (c)
11may be provided once in a 12-month period.
SB77-SSA1,772,1413
49.138
(3) The department may contract with a Wisconsin works agency to
14administer this section.