AB100-engrossed,827,423
48.981
(8) (c) In meeting its responsibilities under par. (a) or (b), the
24department
or, a county department
or a licensed child welfare agency under
25contract with the department in a county having a population of 500,000 or more may
1contract with any public or private organization which meets the standards set by
2the department. In entering into the contracts the department
or, county
3department
or licensed child welfare agency shall give priority to parental
4organizations combating child abuse and neglect.
AB100-engrossed,827,116
48.981
(8) (d) 1. Each
county department or licensed child welfare agency
7under contract with a county department agency staff member and supervisor whose
8responsibilities include investigation or treatment of child abuse and neglect shall
9successfully complete training in child abuse and neglect protective services
10approved by the department. The department shall monitor compliance with this
11subdivision according to rules promulgated by the department.
AB100-engrossed,827,1713
48.981
(8) (d) 2. Each year the department shall make available training
14programs that permit intake workers and
county department or licensed child
15welfare agency under contract with a county department agency staff members and
16supervisors to satisfy the requirements under subd. 1. and s. 48.06 (1) (am) 3. and
17(2) (c).
AB100-engrossed,827,2119
48.981
(10) Current list of tribal agents. The department shall annually
20provide to each
county department agency described in sub. (3) (bm) (intro.) a current
21list of all tribal agents in the state.
AB100-engrossed,828,223
48.982
(2) (d) Solicit and accept contributions, grants, gifts and bequests for the
24children's trust fund or for any other purpose for which a contribution, grant, gift or
25bequest is made and received. Moneys received under this paragraph may be
1deposited in the appropriation accounts under s. 20.433 (1) (i), (q) or (r).
This
2paragraph does not apply to moneys received under s. 341.14 (6r) (b) 6.
AB100-engrossed,828,54
48.982
(2) (g) (intro.) In coordination with the departments of health and social
5services and
education public instruction:
AB100-engrossed,828,107
48.982
(2m) Donation uses. (intro.) If money is accepted by the board for the
8children's trust fund or for any other purpose under sub. (2) (d),
except moneys
9received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with
10the wishes of the donor to do any of the following:
AB100-engrossed,828,1912
48.985
(1) Federal program operations. From the appropriation under s.
1320.435 (3) (n), the department shall expend not more than
$543,700 $273,700 in
each 14fiscal year
1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys
15received under
42 USC 620 to
626 for the department's expenses in connection with
16administering the expenditure of funds received under
42 USC 620 to
626, for child
17welfare projects and services provided or purchased by the department, and for child
18abuse and neglect independent investigations
and for providing child-at-risk field
19training to counties.
AB100-engrossed,829,322
48.985
(2) Community social and mental hygiene services. From the
23appropriation under s. 20.435 (7) (o), the department shall distribute not more than
24$3,919,800 in each $3,804,000 in fiscal year
1997-98 and not more than $3,734,000
25in fiscal year 1998-99 of the moneys received under
42 USC 620 to
626 to county
1departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child
2welfare projects and services, for services to children and families and for
3family-based child welfare services.
AB100-engrossed,829,85
48.985
(3) Community youth and family aids. From the appropriation
account 6under s. 20.410 (3)
(oo) (ko), the department of corrections shall allocate, to county
7departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s.
8301.26, not more than $1,100,000 in each fiscal year.
AB100-engrossed,829,1310
49.025
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
11year, the department shall pay to the county, in accordance with s. 49.031, from the
12appropriation under s. 20.435
(1) (5) (bt), an amount for that year determined as
13follows:
AB100-engrossed,829,1815
49.027
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
16year, the department shall pay to the county, in accordance with s. 49.031, from the
17appropriation under s. 20.435
(1) (5) (bu), an amount for that year determined as
18follows:
AB100-engrossed,829,2220
49.027
(2) (a) 1. d. The department shall multiply the amount determined
21under subd. 1. c. by the amount appropriated under s. 20.435
(1) (5) (bu) for relief
22block grants for that year.
AB100-engrossed,830,624
49.029
(2) Amount and distribution of relief block grant. From the
25appropriation under s. 20.435
(1) (5) (bs), the department shall distribute a relief
1block grant to each eligible tribal governing body in an amount and in a manner
2determined in accordance with rules promulgated by the department. The
3department shall promulgate the rules after consulting with all tribal governing
4bodies eligible for a relief block grant. In promulgating rules under this section, the
5department shall consider each tribe's economic circumstances and need for health
6care services.
AB100-engrossed,830,14
849.114 Contract powers of the department. (1) Religious organizations;
9legislative purpose. The purpose of this section is to allow the department to
10contract with, or award grants to, religious organizations, under any program
11administered by the department, on the same basis as any other nongovernmental
12provider without impairing the religious character of such organizations, and
13without diminishing the religious freedom of beneficiaries of assistance funded
14under such program.
AB100-engrossed,830,23
15(2) Nondiscrimination against religious organizations. If the department is
16authorized under ch. 16 to contract with a nongovernmental entity, or is authorized
17to award grants to a nongovernmental entity, religious organizations are eligible, on
18the same basis as any other private organization, as contractors under any program
19administered by the department so long as the programs are implemented consistent
20with the First Amendment of the U.S. Constitution and article I, section 18, of the
21Wisconsin Constitution. Except as provided in sub. (10), the department may not
22discriminate against an organization that is or applies to be a contractor on the basis
23that the organization has a religious character.
AB100-engrossed,831,3
24(3) Religious character and freedom. (a) The department shall allow a
25religious organization with which the department contracts or to which the
1department awards a grant to retain its independence from state and local
2governments, including the organization's control over the definition, development,
3practice and expression of its religious beliefs.
AB100-engrossed,831,64
(b) The department may not require a religious organization to alter its form
5of internal governance or to remove religious art, icons, scripture or other symbols
6in order to be eligible for a contract or grant.
AB100-engrossed,831,15
7(4) Rights of beneficiaries of assistance. If an individual has an objection to
8the religious character of the organization or institution from which the individual
9receives, or would receive, assistance funded under any program administered by
10the department, the department shall provide such individual, if otherwise eligible
11for such assistance, within a reasonable period of time after the date of the objection
12with assistance from an alternative provider that is accessible to the individual. The
13value of the assistance offered by the alternative provider may not be less than the
14value of the assistance which the individual would have received from the religious
15organization.
AB100-engrossed,831,19
16(5) Employment practices. To the extent permitted under federal law, a
17religious organization's exemption provided under
42 USC 2000e-la regarding
18employment practices is not affected by its participation in, or receipt of funds from,
19programs administered by the department.
AB100-engrossed,831,23
20(6) Nondiscrimination against beneficiaries. A religious organization may not
21discriminate against an individual in regard to rendering assistance funded under
22any program administered by the department on the basis of religion, a religious
23belief or refusal to actively participate in a religious practice.
AB100-engrossed,832,2
24(7) Fiscal accountability. (a) Except as provided in par. (b), any religious
25organization that contracts with, or receives a grant from, the department is subject
1to the same laws and rules as other contractors to account in accord with generally
2accepted auditing principles for the use of such funds provided under such programs.
AB100-engrossed,832,53
(b) If the religious organization segregates funds provided under programs
4administered by the department into separate accounts, then only the financial
5assistance provided with those funds shall be subject to audit.
AB100-engrossed,832,8
6(8) Compliance. Any party that seeks to enforce its rights under this section
7may assert a civil action for injunctive relief against the entity or agency that
8allegedly commits the violation.
AB100-engrossed,832,11
9(9) Limitations on use of funds for certain purposes. No funds provided
10directly to religious organizations by the department may be expended for sectarian
11worship, instruction or proselytization.
AB100-engrossed,832,15
12(10) Preemption. Nothing in this section may be construed to preempt any
13provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any
14other statute that prohibits or restricts the expenditure of federal or state funds in
15or by religious organizations.
AB100-engrossed, s. 1742
16Section
1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and
17amended to read:
AB100-engrossed,832,1818
49.124
(1) (title)
Definition Definitions. (intro.) In this section
, "food:
AB100-engrossed,832,20
19(b) "Food stamp program" means the federal food stamp program under
7 USC
202011 to
2029 2036.
AB100-engrossed,832,2322
49.124
(1) (ag) "Controlled substance" has the meaning given in
21 USC 802 23(6).
AB100-engrossed,832,2525
49.124
(1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-engrossed,833,22
49.124
(1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB100-engrossed,833,44
49.124
(1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
AB100-engrossed,833,76
49.124
(1) (e) "Wisconsin works employment position" has the meaning given
7in s. 49.141 (1) (r).
AB100-engrossed,833,109
49.124
(1g) Denial of eligibility. An individual is ineligible to participate in
10the food stamp program in a month that any of the following is true:
AB100-engrossed,833,1811
(a) The individual is a custodial parent of a child who is under the age of 18 and
12who has an absent parent, or the individual lives with and exercises parental control
13over a child who is under the age of 18 and who has an absent parent, and the
14individual does not fully cooperate in efforts directed at establishing the paternity
15of the child, if necessary, and obtaining support payments, if any, or other payments
16or property, if any, to which that individual or the child may have rights. This
17paragraph does not apply if the individual has good cause for refusing to cooperate,
18as determined by the department in accordance with federal law and regulations.
AB100-engrossed,833,2219
(b) The individual is a man who is alleged to be the father under s. 767.45 of
20a child under the age of 18 and the individual refuses to cooperate, as determined by
21the department in accordance with federal law and regulations, in efforts directed
22at establishing the paternity of the child.
AB100-engrossed,834,223
(c) If the individual is a noncustodial mother of a child under the age of 18 and
24the paternity of the father has not been established, the individual refuses to
1cooperate, as determined by the department in accordance with federal law and
2regulations, in efforts directed at establishing the paternity of the child.
AB100-engrossed,834,53
(d) The individual is a noncustodial parent of a child under the age of 18 and
4the individual refuses to cooperate, as determined by the department in accordance
5with federal law and regulations, in providing or obtaining support for the child.
AB100-engrossed,834,86
(e) The individual is obligated by court order to provide child support payments
7and is delinquent in making those court-ordered payments. This paragraph does not
8apply if any of the following applies:
AB100-engrossed,834,109
1. The delinquency equals less than 3 months of the court-ordered support
10payments.
AB100-engrossed,834,1211
2. A court or county child support agency under s. 59.53 (5) is allowing the
12individual to delay the child support payments.
AB100-engrossed,834,1413
3. The individual is complying with a payment plan approved by a county child
14support agency under s. 59.53 (5) to provide support for the child of the individual.
AB100-engrossed,835,216
49.124
(1m) (a) The department shall administer an employment and training
17program for recipients under the food stamp program. The department may contract
18with a Wisconsin works agency to administer the employment and training program
19under this
section subsection. Except as provided in pars. (b)
and, (bm)
and (br), the
20department may require able individuals who are 18 to 60 years of age who are not
21participants in a Wisconsin works employment position
, as defined in s. 49.141 (1)
22(r), to participate in the employment and training program under this
section. To the
23extent permitted by federal law or waiver, and except as provided in par. (cm), the
24department may distribute food stamp benefits on a pay-for-performance basis, as
1determined under par. (c). The maximum number of hours an individual may be
2required to work may not exceed 40 hours per week subsection.
AB100-engrossed,835,64
49.124
(1m) (br) 1. In this paragraph, "area" means a county or combination
5of counties; a city; a village; a town; a smaller geographic region of a county, city,
6village or town; or a federally recognized American Indian reservation.
AB100-engrossed,835,117
2. The department shall request a waiver from the secretary of the federal
8department of agriculture to permit the department to waive the work requirement
9under
7 USC 2015, as amended by section 824 of P.L.
104-193, for any group of
10individuals, to the extent permitted under federal law, for whom any of the following
11is true:
AB100-engrossed,835,1312
a. The group resides in an area determined by the department to have an
13unemployment rate of over 10%.
AB100-engrossed,835,1514
b. The group resides in an area that the department determines does not have
15a sufficient number of jobs to provide employment for that group of individuals.
AB100-engrossed,835,2116
2m. To determine if any of the conditions under subd. 2. are met, the
17department shall evaluate independent studies, including studies prepared by the
18U.S. department of labor, regarding job scarcity or lagging job growth in any area
19and, if any of those studies indicate that there is a substantial likelihood that any of
20the conditions under subd. 2. are met in any area, the department shall request a
21waiver under subd. 2. for any group of individuals residing in that area.
AB100-engrossed,835,2322
3. If the waiver under subd. 2. is granted and in effect, the department shall
23implement the waiver.
AB100-engrossed,836,4
149.124
(1m) (cm)
Notwithstanding par. (c), the The amount of food stamp
2benefits paid to a recipient who is a participant in a Wisconsin works employment
3position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction
4benefit amount received s. 49.148.
AB100-engrossed, s. 1751g
5Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin
6Act .... (this act), is amended to read:
AB100-engrossed,836,97
49.124
(1m) (cm) The amount of food stamp benefits paid to a recipient who is
8a participant in a Wisconsin works employment position under s. 49.147 (4)
(b) or (5)
9shall be calculated based on the pre-sanction benefit amount received s. 49.148.
AB100-engrossed,836,1411
49.124
(1n) Ineligibility for noncompliance with work requirements. An
12individual who fails to comply with the work requirements under sub. (1m) (a)
13without good cause is ineligible to participate in the food stamp program under this
14section as follows:
AB100-engrossed,836,1615
(a) For the first occurrence of noncompliance, one month, or until the person
16complies with the work requirements under sub. (1m) (a), whichever is later.
AB100-engrossed,836,1817
(b) For the 2nd occurrence of noncompliance, 3 months, or until the person
18complies with the work requirements under sub. (1m) (a), whichever is later.
AB100-engrossed,836,2119
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or
20until the person complies with the work requirements under sub. (1m) (a), whichever
21is later.
AB100-engrossed,837,223
49.124
(3) Deductions from county income maintenance payments. The
24department shall withhold the value of food stamp losses for which a county or
25federally recognized American Indian tribe is liable under sub. (2) from the payment
1to the county or tribe under s. 20.445 (3)
(de) (dz) and (nL) and reimburse the federal
2government from the funds withheld.
AB100-engrossed,837,194
49.124
(5) Drug convictions. (a) The department shall require an applicant
5for, or recipient under, the food stamp program to state in writing whether the
6applicant or recipient or any member of the applicant's or recipient's household has
7been convicted, in any state or federal court of a felony that has as an element
8possession, use or distribution of a controlled substance. The department shall
9require an applicant or recipient, or member of the applicant's or recipient's
10household to submit to a test for use of a controlled substance as a condition of
11continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
12date the written statement is made, the applicant or recipient or the member of the
13applicant's or recipient's household was convicted in any state or federal court of a
14felony that had as an element possession, use or distribution of a controlled
15substance. If the test results are positive with respect to any individual, the
16department may not consider the needs of that individual in determining the
17household's eligibility for the food stamp program for at least 12 months from the
18date of the test. The department shall, however, consider the income and resources
19of that individual to be available to the household.
AB100-engrossed,837,2420
(b) The department may require an individual whose needs are not considered
21under par. (a) to submit to a test for use of a controlled substance not more than every
223 months. If, at the end of 12 months, the result of each test is negative, the
23department shall consider the individual's needs in determining the eligibility of the
24individual's household.