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.
SB77-SSA1,772,2216
49.138
(4) (a) Any individual whose application for emergency assistance
17under this section is not acted upon with reasonable promptness after the filing of
18the application, as defined by the department by rule, or is denied in whole or in part,
19or who believes that the assistance amount was calculated incorrectly, may petition
20the administering agency for a review of such action. Review is unavailable if the
21action by the administering agency occurred more than 45 days prior to submission
22of the petition for review.
SB77-SSA1,773,323
(b) Upon a timely petition under par. (a), the administering agency shall give
24the petitioner reasonable notice and opportunity for a review. The administering
25agency shall render its decision as soon as possible after the review and shall send
1by 1st class mail a certified copy of its decision to the petitioner. The administering
2agency shall deny a petition for a review or shall refuse to grant relief if the petitioner
3does any of the following:
SB77-SSA1,773,44
1. Withdraws the petition in writing.
SB77-SSA1,773,75
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear
6in person or by representative at a scheduled review without good cause, as defined
7by the department by rule.
SB77-SSA1,773,128
(c) If the administering agency is a Wisconsin works agency, the department
9may review the decision of the Wisconsin works agency if, within 14 days after the
10date on which the certified copy of the decision of the Wisconsin works agency is
11mailed, the applicant or participant petitions the department for a review of that
12decision.
SB77-SSA1, s. 1794
13Section
1794. 49.141 (1) (j) of the statutes is renumbered 49.141 (1) (j) (intro.)
14and amended to read:
SB77-SSA1,773,1515
49.141
(1) (j) (intro.) "Parent" means
either a any of the following:
SB77-SSA1,773,16
161. A biological parent
, a.
SB77-SSA1,773,18
172. A person who has consented to the artificial insemination of his wife under
18s. 891.40
, or a.
SB77-SSA1,773,19
193. A parent by adoption.
SB77-SSA1,773,2321
49.141
(1) (j) 4. A man adjudged in a judicial proceeding to be the biological
22father of a child if the child is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.60.
SB77-SSA1,774,2
149.141
(1) (j) 5. A man who has signed and filed with the state registrar under
2s. 69.15 (3) (b) 3. a statement acknowledging paternity.
SB77-SSA1,774,84
49.141
(1) (p) "Wisconsin works" means the assistance program for families
5with dependent children, administered under ss. 49.141 to 49.161
, except that
6"Wisconsin works" does not include the Wisconsin works health plan under s. 49.153,
7unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation
8that permits the application of s. 49.153 is enacted.
SB77-SSA1,774,1910
49.141
(2) (a) If necessary, the department shall request a waiver from the
11secretaries of the federal department of health and human services, the federal
12department of agriculture and the federal social security administration or shall
13seek the passage of federal legislation to permit the department to conduct the
14Wisconsin works program in lieu of the aid to families with dependent children
15program under s. 49.19, the job opportunities and basic skills program under s.
1649.193, the parental responsibility pilot program under s. 49.25 and the
17work-not-welfare program under s. 49.27 and as part of the food stamp program
18under
7 USC 2011 to
2029 and the medical assistance program under 42 USC 1396
19to 1396u.
SB77-SSA1,774,2421
49.141
(7) (c) Except as provided in par. (d), in addition to the penalties
22applicable under par. (a) or (b), a person shall be suspended from participating in
23Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of
24conviction, if the person is convicted in a federal or state court for any of the following:
SB77-SSA1,775,4
11. Violating sub. (6) (a) with respect to his or her identity or place of residence
2for the purpose of receiving simultaneously from this state and at least one other
3state assistance funded by a block grant under Title I of the Federal Personal
4Responsibility and Work Opportunity Reconciliation Act of 1996.
SB77-SSA1,775,75
2. Fraudulently misstating or misrepresenting his or her identity or place of
6residence for the purpose of receiving simultaneously from this state and at least one
7other state benefits under the medical assistance program under
42 USC 1396 et seq.
SB77-SSA1,775,108
3. Fraudulently misstating or misrepresenting his or her identity or place of
9residence for the purpose of receiving simultaneously in this state and at least one
10other state benefits under the federal food stamp program under
7 USC 2011 to
2029.
SB77-SSA1,775,1411
4. Fraudulently misstating or misrepresenting his or her identity or place of
12residence for the purpose of receiving simultaneously in this state and at least one
13other state benefits under the federal supplemental security income program under
1442 USC 1381 to
1383d.
SB77-SSA1,775,2016
49.141
(7) (d) A person who has been suspended from participating in
17Wisconsin works under par. (c) and whom the president of the United States has
18pardoned with respect to the conduct for which the person had been suspended may
19have his or her eligibility to participate in Wisconsin works reinstated beginning on
20the first day of the first month beginning after the pardon.