AB100, s. 1739
8Section
1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:
AB100,772,129
49.027
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
10year, the department shall pay to the county, in accordance with s. 49.031, from the
11appropriation under s. 20.435
(1) (5) (bu), an amount for that year determined as
12follows:
AB100, s. 1740
13Section
1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:
AB100,772,1614
49.027
(2) (a) 1. d. The department shall multiply the amount determined
15under subd. 1. c. by the amount appropriated under s. 20.435
(1) (5) (bu) for relief
16block grants for that year.
AB100, s. 1741
17Section
1741. 49.029 (2) of the statutes is amended to read:
AB100,772,2518
49.029
(2) Amount and distribution of relief block grant. From the
19appropriation under s. 20.435
(1) (5) (bs), the department shall distribute a relief
20block grant to each eligible tribal governing body in an amount and in a manner
21determined in accordance with rules promulgated by the department. The
22department shall promulgate the rules after consulting with all tribal governing
23bodies eligible for a relief block grant. In promulgating rules under this section, the
24department shall consider each tribe's economic circumstances and need for health
25care services.
AB100, s. 1742
1Section
1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and
2amended to read:
AB100,773,33
49.124
(1) (title)
Definition Definitions. In this section
, "food:
AB100,773,5
4(b) "Food stamp program" means the federal food stamp program under
7 USC
52011 to
2029 2036.
AB100, s. 1743
6Section
1743. 49.124 (1) (ag) of the statutes is created to read:
AB100,773,87
49.124
(1) (ag) "Controlled substance" has the meaning given in
21 USC 802 8(6).
AB100, s. 1744
9Section
1744. 49.124 (1) (am) of the statutes is created to read:
AB100,773,1010
49.124
(1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100, s. 1745
11Section
1745. 49.124 (1) (c) of the statutes is created to read:
AB100,773,1212
49.124
(1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB100, s. 1746
13Section
1746. 49.124 (1) (d) of the statutes is created to read:
AB100,773,1414
49.124
(1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
AB100, s. 1747
15Section
1747. 49.124 (1) (e) of the statutes is created to read:
AB100,773,1716
49.124
(1) (e) "Wisconsin works employment position" has the meaning given
17in s. 49.141 (1) (r).
AB100, s. 1748
18Section
1748. 49.124 (1g) of the statutes is created to read:
AB100,773,2019
49.124
(1g) Denial of eligibility. An individual is ineligible to participate in
20the food stamp program in a month that any of the following is true:
AB100,774,321
(a) The individual is a custodial parent of a child who is under the age of 18 and
22who has an absent parent, or the individual lives with and exercises parental control
23over a child who is under the age of 18 and who has an absent parent, and the
24individual does not fully cooperate in efforts directed at establishing the paternity
25of the child, if necessary, and obtaining support payments, if any, or other payments
1or property, if any, to which that individual or the child may have rights. This
2paragraph does not apply if the individual has good cause for refusing to cooperate,
3as determined by the department in accordance with federal law and regulations.
AB100,774,84
(b) The individual is a man who is alleged to be the father under s. 767.45 of
5a child under the age of 18 or who has been ordered to submit to a genetic test under
6s. 49.225 and the individual refuses to cooperate, as determined by the department
7in accordance with federal law and regulations, in efforts directed at establishing the
8paternity of the child.
AB100,774,129
(c) If the individual is a noncustodial mother of a child under the age of 18 and
10the paternity of the father has not been established, the individual refuses to
11cooperate, as determined by the department in accordance with federal law and
12regulations, in efforts directed at establishing the paternity of the child.
AB100,774,1513
(d) The individual is a noncustodial parent of a child under the age of 18 and
14the individual refuses to cooperate, as determined by the department in accordance
15with federal law and regulations, in providing or obtaining support for the child.
AB100,774,1816
(e) The individual is obligated by court order to provide child support payments
17and is delinquent in making those court-ordered payments. This paragraph does not
18apply if any of the following applies:
AB100,774,2019
1. The delinquency equals less than 3 months of the court-ordered support
20payments.
AB100,774,2221
2. A court or county child support agency under s. 59.53 (5) is allowing the
22individual to delay the child support payments.
AB100,774,2423
3. The individual is complying with a payment plan approved by a county child
24support agency under s. 59.53 (5) to provide support for the child of the individual.
AB100, s. 1749
25Section
1749. 49.124 (1m) (a) of the statutes is amended to read:
AB100,775,11
149.124
(1m) (a) The department shall administer an employment and training
2program for recipients under the food stamp program. The department may contract
3with a Wisconsin works agency to administer the employment and training program
4under this
section subsection. Except as provided in pars. (b) and (bm), the
5department may require able individuals who are 18 to 60 years of age who are not
6participants in a Wisconsin works employment position
, as defined in s. 49.141 (1)
7(r), to participate in the employment and training program under this
section. To the
8extent permitted by federal law or waiver, and except as provided in par. (cm), the
9department may distribute food stamp benefits on a pay-for-performance basis, as
10determined under par. (c). The maximum number of hours an individual may be
11required to work may not exceed 40 hours per week subsection.
AB100, s. 1750
12Section
1750. 49.124 (1m) (am) of the statutes is created to read:
AB100,775,1413
49.124
(1m) (am) To the extent permitted by federal law or waiver, the
14department may distribute food stamp benefits as follows:
AB100,775,1815
1. Except as provided in par. (cm), the department may distribute food stamp
16benefits on a pay-for-performance basis, as determined under par. (c). The
17maximum number of hours that an individual may be required to work may not
18exceed 30 hours per week.
AB100,776,219
2. The department may convert not more than $300 of a household's food stamp
20benefit to use as a wage subsidy to be paid to the employer of an individual who is
21a member of the household if the individual is employed by the employer as a
22participant in a Wisconsin works employment position. The department may not
23implement this subdivision until the secretary of administration has reviewed and
24approved a plan submitted by the department to the secretary of administration that
1details how this subdivision will be implemented and what fiscal effect the
2implementation of this subdivision will have.
AB100,776,73
3. The department may distribute food stamp benefits as cash only after the
4secretary of administration has reviewed and approved a plan submitted by the
5department to the secretary of administration that details how this subdivision will
6be implemented and what fiscal effect the implementation of this subdivision will
7have and only to the following recipients under the food stamp program:
AB100,776,118
a. Households in which a member is participating in a Wisconsin works
9employment position and a member has been employed in unsubsidized employment
10for at least 90 days, has earned at least $350 per month for the last 90 days of that
11employment and continues to earn at least $350 per month.
AB100,776,1712
b. Households in which a member has been employed in unsubsidized
13employment for at least 90 days, has earned at least $350 per month for the last 90
14days of that employment and continues to earn at least $350 per month and a
15member participated in a Wisconsin works employment position, but solely because
16of earnings became ineligible to continue to participate in a Wisconsin works
17employment position.
AB100, s. 1751
18Section
1751. 49.124 (1m) (c) 3. of the statutes is amended to read:
AB100,776,2119
49.124
(1m) (c) 3. The department shall multiply the number of hours
20determined under subd. 2. by
the federal minimum hourly wage under 29 USC 206
21(a) (1) $4.25.
AB100, s. 1752
22Section
1752. 49.124 (1n) of the statutes is created to read:
AB100,777,223
49.124
(1n) Ineligibility for noncompliance with work requirements. An
24individual who fails to comply with the work requirements under sub. (1m) (a)
1without good cause is ineligible to participate in the food stamp program under this
2section as follows:
AB100,777,33
(a) For the first occurrence of noncompliance, one month.
AB100,777,44
(b) For the 2nd occurrence of noncompliance, 3 months.
AB100,777,55
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months.
AB100, s. 1753
6Section
1753. 49.124 (3) of the statutes is amended to read:
AB100,777,117
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, s. 1754
12Section
1754. 49.124 (5) of the statutes is created to read:
AB100,777,2213
49.124
(5) Ineligibility because of certain drug related convictions. (a)
14Except as provided in par. (c), an individual convicted after August 22, 1996, in any
15state or federal court of a felony that had as an element possession, use or
16distribution of a controlled substance is ineligible for benefits under the food stamp
17program for at least 12 months beginning on the date that the person first applies
18for benefits under the food stamp program. The department shall require an
19applicant for, or recipient under, the food stamp program to state in writing whether
20the applicant or recipient or any member of the applicant's or recipient's household
21has been convicted in any state or federal court of a felony that has as an element
22possession, use or distribution of a controlled substance.
AB100,778,323
(b) Except as provided in par. (c), in determining a household's eligibility for the
24food stamp program, for at least 12 months the department may not consider the
25needs of any individual in the household who was convicted after August 22, 1996,
1in any state or federal court of a felony that had as an element possession, use or
2distribution of a controlled substance. The department shall, however, consider the
3resources and income of that individual to be available to the household.
AB100,778,104
(c) If an individual who has been determined to be ineligible under par. (a) or
5whose needs are not considered under par. (b) submits to a test for use of a controlled
6substance at least 12 months after the date that the department first determined the
7individual to be ineligible under par. (a) or first disregarded that individual's needs
8under par. (b), and if the test results are negative, the department shall consider the
9individual to be eligible, if the individual is otherwise eligible, and shall consider the
10individual's needs in determining the eligibility of the individual's household.
AB100, s. 1755
11Section
1755. 49.124 (6) of the statutes is created to read:
AB100,778,1512
49.124
(6) Ineligibility for fugitive felons. No person is eligible for the food
13stamp program in a month in which that person is a fugitive felon under
7 USC 2015 14(k) (1) or is violating a condition of probation, parole or community supervision
15imposed by a state or federal court.
AB100, s. 1756
16Section
1756. 49.125 (2) of the statutes is amended to read:
AB100,778,2517
49.125
(2) A county
or, governing body of a federally recognized American
18Indian tribe
or Wisconsin works agency may retain
a portion 15% of the amount of
19an overpayment the state is authorized to retain under
7 USC 2025 which is
20recovered under sub. (1) due to the efforts of an employe or officer of the county
or, 21tribe
or Wisconsin works agency.
The department shall promulgate a rule
22establishing the portion of the amount of the overpayment that the county or
23governing body may retain. This subsection does not apply to recovery of an
24overpayment that was made as a result of state, county
or
, tribal governing body
or
25Wisconsin works agency error.
AB100, s. 1757
1Section
1757. 49.127 (8) (a) 2. of the statutes is amended to read:
AB100,779,42
49.127
(8) (a) 2. If the value of the food coupons exceeds $100,
but is less than
3$5,000, a person who violates this section may be fined not more than $10,000 or
4imprisoned
for not more than 5 years or both.
AB100, s. 1758
5Section
1758. 49.127 (8) (b) 2. of the statutes is amended to read:
AB100,779,86
49.127
(8) (b) 2. If the value of the food coupons exceeds $100,
but is less than
7$5,000, a person who violates this section may be fined not more than $10,000 or
8imprisoned
for not more than 5 years or both.
AB100, s. 1759
9Section
1759. 49.127 (8) (c) of the statutes is created to read:
AB100,779,1210
49.127
(8) (c) For any offense under this section, if the value of the food coupons
11is $5,000 or more, a person who violates this section may be fined not more than
12$250,000 or imprisoned for not more than 20 years or both.
AB100, s. 1760
13Section
1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1.
14(intro.) and amended to read:
AB100,779,1715
49.127
(8) (d) 1. (intro.) In addition to the penalties applicable under par. (a)
16or, (b)
or (c), the court
may shall suspend a person who violates this section from
17participation in the food stamp program
up to 18 months. as follows:
AB100,779,21
182. The person may apply to the county department under s. 46.215, 46.22 or
1946.23 or the federally recognized American Indian tribal governing body or, if the
20person is a supplier, to the federal department of agriculture for reinstatement
21following the period of suspension
, if the suspension is not permanent.
AB100, s. 1761
22Section
1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:
AB100,779,2423
49.127
(8) (d) 1. a. For a first offense under this section, one year. The court
24may extend the suspension by not more than 18 months.
AB100,780,2
1b. For a 2nd offense under this section, 2 years. The court may extend the
2suspension by not more than 18 months.
AB100,780,33
c. For a 3rd offense under this section, permanently.
AB100, s. 1762
4Section
1762. 49.127 (8) (d) 1m. of the statutes is created to read:
AB100,780,85
49.127
(8) (d) 1m. In addition to the penalties applicable under par. (a), (b) or
6(c), a court shall permanently suspend from the food stamp program a person who
7has been convicted of an offense under
7 USC 2024 (b) or (c) involving an item covered
8by
7 USC 2024 (b) or (c) having a value of $500 or more.
AB100, s. 1763
9Section
1763. 49.127 (8) (e) of the statutes is created to read:
AB100,780,1210
49.127
(8) (e) 1. If a court finds that a person traded a controlled substance, as
11defined in s. 961.01 (4), for food coupons, the court shall suspend the person from
12participation in the food stamp program as follows:
AB100,780,1313
a. Upon the first such finding, for 2 years.
AB100,780,1414
b. Upon the 2nd such finding, permanently.
AB100,780,1715
2. If a court finds that a person traded firearms, ammunition or explosives for
16food coupons, the court shall suspend the person permanently from participation in
17the food stamp program.
AB100, s. 1764
18Section
1764. 49.127 (8) (f) of the statutes is created to read:
AB100,780,2319
49.127
(8) (f) Notwithstanding par. (d), in addition to the penalties applicable
20under par. (a), (b) or (c), the court shall suspend from the food stamp program for a
21period of 10 years a person who fraudulently misstates or misrepresents his or her
22identity or place of residence for the purpose of receiving multiple benefits
23simultaneously under the food stamp program.
AB100, s. 1766
1Section
1766. 49.131 (1) of the statutes is renumbered 49.155 (1) (ag) and
2amended to read:
AB100,781,53
49.155
(1) (ag)
In this section, "child "Child care provider" means a provider
4licensed under s. 48.65, certified under s. 48.651 or established or contracted for
5under s. 120.13 (14).
AB100, s. 1767
6Section
1767. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g)
7(intro.) and amended to read:
AB100,781,108
49.155
(1g) (intro.) Subject to sub.
(4) (1j) and s. 16.54 (2), the department shall,
9within the limits of the availability of the federal child care and development block
10grant funds received under
42 USC 9858, do all of the following: