AB100: Bill Text Engrossed

AB100-engrossed,830,6 49.029 (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (5) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

AB100-engrossed, s. 1741m Section 1741m. 49.114 of the statutes is created to read:

AB100-engrossed,830,14 49.114 Contract powers of the department. (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB100-engrossed,830,23 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

AB100-engrossed,831,3 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB100-engrossed,831,6 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB100-engrossed,831,15 (4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

AB100-engrossed,831,19 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB100-engrossed,831,23 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

AB100-engrossed,832,2 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB100-engrossed,832,5 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

AB100-engrossed,832,8 (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

AB100-engrossed,832,11 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

AB100-engrossed,832,15 (10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

AB100-engrossed, s. 1742 Section 1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and amended to read:

AB100-engrossed,832,18 49.124 (1) (title) Definition Definitions. (intro.) In this section , "food:

AB100-engrossed,832,20 (b) "Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029 2036.

AB100-engrossed, s. 1743 Section 1743. 49.124 (1) (ag) of the statutes is created to read:

AB100-engrossed,832,23 49.124 (1) (ag) "Controlled substance" has the meaning given in 21 USC 802 (6).

AB100-engrossed, s. 1744 Section 1744. 49.124 (1) (am) of the statutes is created to read:

AB100-engrossed,832,25 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-engrossed, s. 1745 Section 1745. 49.124 (1) (c) of the statutes is created to read:

AB100-engrossed,833,2 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

AB100-engrossed, s. 1746 Section 1746. 49.124 (1) (d) of the statutes is created to read:

AB100-engrossed,833,4 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

AB100-engrossed, s. 1747 Section 1747. 49.124 (1) (e) of the statutes is created to read:

AB100-engrossed,833,7 49.124 (1) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

AB100-engrossed, s. 1748 Section 1748. 49.124 (1g) of the statutes is created to read:

AB100-engrossed,833,10 49.124 (1g) Denial of eligibility. An individual is ineligible to participate in the food stamp program in a month that any of the following is true:

AB100-engrossed,833,18 (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments, if any, or other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB100-engrossed,833,22 (b) The individual is a man who is alleged to be the father under s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100-engrossed,834,2 (c) If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.

AB100-engrossed,834,5 (d) The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.

AB100-engrossed,834,8 (e) The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This paragraph does not apply if any of the following applies:

AB100-engrossed,834,10 1. The delinquency equals less than 3 months of the court-ordered support payments.

AB100-engrossed,834,12 2. A court or county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.

AB100-engrossed,834,14 3. The individual is complying with a payment plan approved by a county child support agency under s. 59.53 (5) to provide support for the child of the individual.

AB100-engrossed, s. 1749 Section 1749. 49.124 (1m) (a) of the statutes is amended to read:

AB100-engrossed,835,2 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section subsection. Except as provided in pars. (b) and, (bm) and (br), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under par. (c). The maximum number of hours an individual may be required to work may not exceed 40 hours per week subsection.

AB100-engrossed, s. 1749m Section 1749m. 49.124 (1m) (br) of the statutes is created to read:

AB100-engrossed,835,6 49.124 (1m) (br) 1. In this paragraph, "area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, village or town; or a federally recognized American Indian reservation.

AB100-engrossed,835,11 2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under 7 USC 2015, as amended by section 824 of P.L. 104-193, for any group of individuals, to the extent permitted under federal law, for whom any of the following is true:

AB100-engrossed,835,13 a. The group resides in an area determined by the department to have an unemployment rate of over 10%.

AB100-engrossed,835,15 b. The group resides in an area that the department determines does not have a sufficient number of jobs to provide employment for that group of individuals.

AB100-engrossed,835,21 2m. To determine if any of the conditions under subd. 2. are met, the department shall evaluate independent studies, including studies prepared by the U.S. department of labor, regarding job scarcity or lagging job growth in any area and, if any of those studies indicate that there is a substantial likelihood that any of the conditions under subd. 2. are met in any area, the department shall request a waiver under subd. 2. for any group of individuals residing in that area.

AB100-engrossed,835,23 3. If the waiver under subd. 2. is granted and in effect, the department shall implement the waiver.

AB100-engrossed, s. 1751b Section 1751b. 49.124 (1m) (c) of the statutes is repealed.

AB100-engrossed, s. 1751c Section 1751c. 49.124 (1m) (cm) of the statutes is amended to read:

AB100-engrossed,836,4 49.124 (1m) (cm) Notwithstanding par. (c), the The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

AB100-engrossed, s. 1751g Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,836,9 49.124 (1m) (cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under s. 49.147 (4) (b) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

AB100-engrossed, s. 1752 Section 1752. 49.124 (1n) of the statutes is created to read:

AB100-engrossed,836,14 49.124 (1n) Ineligibility for noncompliance with work requirements. An individual who fails to comply with the work requirements under sub. (1m) (a) without good cause is ineligible to participate in the food stamp program under this section as follows:

AB100-engrossed,836,16 (a) For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.

AB100-engrossed,836,18 (b) For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.

AB100-engrossed,836,21 (c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under sub. (1m) (a), whichever is later.

AB100-engrossed, s. 1753 Section 1753. 49.124 (3) of the statutes is amended to read:

AB100-engrossed,837,2 49.124 (3) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (2) from the payment to the county or tribe under s. 20.445 (3) (de) (dz) and (nL) and reimburse the federal government from the funds withheld.

AB100-engrossed, s. 1754 Section 1754. 49.124 (5) of the statutes is created to read:

AB100-engrossed,837,19 49.124 (5) Drug convictions. (a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.

AB100-engrossed,837,24 (b) The department may require an individual whose needs are not considered under par. (a) to submit to a test for use of a controlled substance not more than every 3 months. If, at the end of 12 months, the result of each test is negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.

AB100-engrossed, s. 1755 Section 1755. 49.124 (6) of the statutes is created to read:

AB100-engrossed,838,4 49.124 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation or parole imposed by a state or federal court.

AB100-engrossed, s. 1755m Section 1755m. 49.124 (7) of the statutes is created to read:

AB100-engrossed,838,12 49.124 (7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.

AB100-engrossed, s. 1757 Section 1757. 49.127 (8) (a) 2. of the statutes is amended to read:

AB100-engrossed,838,16 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-engrossed, s. 1758 Section 1758. 49.127 (8) (b) 2. of the statutes is amended to read:

AB100-engrossed,838,20 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-engrossed, s. 1759 Section 1759. 49.127 (8) (c) of the statutes is created to read:

AB100-engrossed,838,24 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-engrossed, s. 1760 Section 1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1. (intro.) and amended to read:

AB100-engrossed,839,5 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-engrossed,839,9 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-engrossed, s. 1761 Section 1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:

AB100-engrossed,839,12 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-engrossed,839,14 b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

AB100-engrossed,839,15 c. For a 3rd offense under this section, permanently.

AB100-engrossed, s. 1762 Section 1762. 49.127 (8) (d) 1m. of the statutes is created to read:

AB100-engrossed,839,20 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-engrossed, s. 1763 Section 1763. 49.127 (8) (e) of the statutes is created to read:

AB100-engrossed,839,24 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-engrossed,839,25 a. Upon the first such finding, for 2 years.

AB100-engrossed,840,1 b. Upon the 2nd such finding, permanently.

AB100-engrossed,840,4 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-engrossed, s. 1764 Section 1764. 49.127 (8) (f) of the statutes is created to read:

AB100-engrossed,840,10 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-engrossed, s. 1765 Section 1765. 49.13 of the statutes is repealed.

AB100-engrossed, s. 1766 Section 1766. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and amended to read: