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:
AB100, s. 1768
11Section
1768. 49.131 (2) (a) of the statutes is repealed.
AB100, s. 1769
12Section
1769. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are
13consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:
AB100,782,814
49.131
(2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute
15$190,800 $4,315,000 in fiscal year
1995-96 1997-98 and
$197,700
$4,315,000 in
16fiscal year
1996-97 1998-99 for the purposes of providing technical assistance for
17child care providers and of administering the child care
programs funded under s.
1820.445 (3) (cp) and (md). (c) 1. For program under this section and for grants under
19s. 49.136 (2) for the start-up and expansion of child day care services, and for child
20day care start-up and expansion planning,
$430,000 in fiscal year 1995-96 and 21$226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day
22care resource and referral services,
$960,000 in fiscal year 1995-96 and $960,000,
23in fiscal year 1996-97. 3. For for grants under s. 49.137 (3) to assist child care
24providers in meeting the quality of care standards established under
s. 49.132 (4) (e) 25sub. (1d) and for a system of rates or a program of grants, as provided under
s. 49.132
1(4) (e) sub. (1d), to reimburse child care providers that meet those quality of care
2standards
, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97.
3If an amount distributed under this subdivision will not be fully expended, the
4department may transfer the unexpended funds to the distribution under subd. 4.
54. For and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve
6the quality of child day care services in this state
, $450,000 in fiscal year 1995-96
7and $450,000 in fiscal year 1996-97, plus any amounts that the department
8transfers to this distribution under subd. 3.
AB100, s. 1770
9Section
1770. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin
10Act .... (this act), is renumbered 49.155 (1g) (b).
AB100, s. 1771
11Section
1771. 49.131 (2) (b) 2. of the statutes is amended to read:
AB100,782,1512
49.131
(2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer
13$1,026,800 $1,687,400 in fiscal year
1996-97 1997-98 and $1,687,400 in fiscal year
141998-99 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care
15center licensing under s. 48.65.
AB100, s. 1772
16Section
1772. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin
17Act .... (this act), is renumbered 49.155 (1g) (c).
AB100, s. 1773
18Section
1773. 49.131 (2) (c) (intro.) of the statutes is repealed.
AB100, s. 1774
19Section
1774. 49.131 (3) of the statutes is repealed.
AB100, s. 1775
20Section
1775. 49.131 (4) of the statutes is renumbered 49.155 (1j) and
21amended to read:
AB100,783,1122
49.155
(1j) If the department receives unanticipated federal child care and
23development block grant funds under
42 USC 9858 and it proposes to allocate the
24unanticipated funds so that an allocation limit in sub.
(2) (1g) is exceeded, the
25department shall submit a plan for the proposed allocation to the secretary of
1administration. If the secretary of administration approves the plan, he or she shall
2submit it to the joint committee on finance. If the cochairpersons of the committee
3do not notify the secretary of administration
within 14 working days after the date
4of his or her submittal that the committee has scheduled a meeting for the purpose
5of reviewing the plan
within 14 working days after the date of his or her submittal,
6the department may implement the plan, notwithstanding any allocation limit
7under sub.
(2) (1g). If within 14 working days after the date of the submittal by the
8secretary of administration the cochairpersons of the committee notify him or her
9that the committee has scheduled a meeting for the purpose of reviewing the plan,
10the department may implement the plan, notwithstanding sub.
(2) (1g), only with the
11approval of the committee.
AB100, s. 1776
12Section
1776. 49.132 (2) (a) of the statutes is amended to read:
AB100,783,1913
49.132
(2) (a)
The Within the limits of available federal funds and from the
14appropriation under s. 20.445 (3) (cm) the department shall distribute
the funds
15allocated under s. 49.13 for at-risk and low-income child care services under subs.
16(2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private
17nonprofit
child care providers who agencies that provide child care for the children
18of migrant workers
or shall reimburse child care providers who provide at-risk and
19low-income child care.
AB100, s. 1777
20Section
1777. 49.132 (4) (am) of the statutes is amended to read:
AB100,784,221
49.132
(4) (am) A parent who is gainfully employed, or who is less than 20 years
22of age and is enrolled in an educational program, who is in need of child care services
23and who applies for aid on or after May 10, 1996, is eligible for aid under this section
24if the family income of the applicant is equal to or less than 165% of the poverty line.
25An applicant who is eligible under this paragraph and who began receiving aid under
1this section on or after May 10, 1996, continues to be eligible for aid under this section
2until the family income of the applicant is greater than 200% of the poverty line.
AB100, s. 1778
3Section
1778. 49.132 (6) of the statutes is amended to read:
AB100,784,64
49.132
(6) Sunset. This section does not apply beginning on
the first day of the
56th month beginning after the date specified in the notice under s. 49.141 (2) (d) 6October 1, 1997.
AB100, s. 1779
7Section
1779. 49.134 (2) (a) of the statutes is amended to read:
AB100,784,118
49.134
(2) (a) From the allocation under s.
49.131 (2) (c) 2. 49.131 (2) (b) 1m.,
9the department shall make grants to local agencies to fund child care resource and
10referral services provided by those local agencies. The department shall provide an
11allocation formula to determine the amount of a grant awarded under this section.
AB100, s. 1780
12Section
1780
. 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
13.... (this act), is amended to read:
AB100,784,1714
49.134
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
15department shall make grants to local agencies to fund child care resource and
16referral services provided by those local agencies. The department shall provide an
17allocation formula to determine the amount of a grant awarded under this section.
AB100, s. 1781
18Section
1781
. 49.136 (2) (a) of the statutes is amended to read:
AB100,784,2119
49.136
(2) (a) From the allocation under s.
49.131 (2) (c) 1. 49.131 (2) (b) 1m.,
20the department shall award grants for the start-up or expansion of child care
21services.
AB100, s. 1782
22Section
1782
. 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is amended to read:
AB100,784,2524
49.136
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
25department shall award grants for the start-up or expansion of child care services.
AB100, s. 1783
1Section
1783
. 49.137 (2) (a) of the statutes is amended to read:
AB100,785,82
49.137
(2) (a) From the allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m.,
3the department may award grants to child care providers that meet the quality of
4care standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to
5improve the retention of skilled and experienced child care staff. In awarding grants
6under this subsection, the department shall consider the applying child care
7provider's total enrollment of children and average enrollment of children who
8receive or are eligible for publicly funded care from the child care provider.
AB100, s. 1784
9Section
1784
. 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act
10.... (this act), is amended to read:
AB100,785,1711
49.137
(2) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
12department may award grants to child care providers that meet the quality of care
13standards established under s.
49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve
14the retention of skilled and experienced child care staff. In awarding grants under
15this subsection, the department shall consider the applying child care provider's
16total enrollment of children and average enrollment of children who receive or are
17eligible for publicly funded care from the child care provider.
AB100, s. 1785
18Section
1785
. 49.137 (3) (a) of the statutes is amended to read:
AB100,785,2119
49.137
(3) (a) From the allocation under s.
49.131 (2) (c) 3. 49.131 (2) (b) 1m.,
20the department may award grants to child care providers for assistance in meeting
21the quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
AB100, s. 1786
22Section
1786
. 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is amended to read:
AB100,786,3
149.137
(3) (a) From the allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the
2department may award grants to child care providers for assistance in meeting the
3quality of care standards established under s.
49.132 (4) (e) 49.155 (1d) (b).
AB100, s. 1787
4Section
1787
. 49.137 (4) (intro.) of the statutes is amended to read:
AB100,786,105
49.137
(4) Training and technical assistance contracts. (intro.) From the
6allocation under s.
49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract
7with one or more agencies for the provision of training and technical assistance to
8improve the quality of child care provided in this state. The training and technical
9assistance activities contracted for under this subsection may include any of the
10following activities:
AB100, s. 1788
11Section
1788
. 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin
12Act .... (this act), is amended to read:
AB100,786,1813
49.137
(4) Training and technical assistance contracts. (intro.) From the
14allocation under s.
49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract
15with one or more agencies for the provision of training and technical assistance to
16improve the quality of child care provided in this state. The training and technical
17assistance activities contracted for under this subsection may include any of the
18following activities:
AB100, s. 1789
19Section
1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138
20(1m) (intro.), as renumbered, is amended to read:
AB100,787,1021
49.138
(1m) (intro.) The department shall implement a program of emergency
22assistance to needy persons in cases of fire, flood, natural disaster, homelessness or
23energy crisis.
Eligibility shall not exceed the limitations for federal participation
24defined by applicable federal laws and regulations. The department shall establish
25the maximum amount of aid to be granted, except for cases of energy crisis, per family
1member based on the funding available under s. 20.445 (3) (dc) and
(p) (md). The
2department need not establish the maximum amount by rule under ch. 227. The
3department shall publish the maximum amount and annual changes to it in the
4Wisconsin administrative register.
Emergency assistance provided to needy persons
5under this section in cases of fire, flood, natural disaster or energy crisis may only
6be provided to a needy person once in a 12-month period. Emergency assistance
7provided to needy persons under this section in cases of homelessness may be used
8only to obtain a permanent living accommodation and, except as provided in sub. (2),
9may only be provided to a needy person once in a 36-month period. For the purposes
10of this section, a family is considered to be homeless if any of the following applies:
AB100, s. 1790
11Section
1790. 49.138 (1d) of the statutes is created to read:
AB100,787,1212
49.138
(1d) In this section:
AB100,787,1513
(a) "Administering agency" means the department or, if the department has
14contracted with a Wisconsin works agency under sub. (3), the Wisconsin works
15agency.
AB100,787,1616
(b) "Needy person" has the meaning specified by the department by rule.
AB100, s. 1791
17Section
1791. 49.138 (2) of the statutes is amended to read:
AB100,787,1918
49.138
(2) Emergency assistance provided to a person under sub.
(1) (1m) (c)
19may be provided once in a 12-month period.
AB100, s. 1792
20Section
1792. 49.138 (3) of the statutes is created to read:
AB100,787,2221
49.138
(3) The department may contract with a Wisconsin works agency to
22administer this section.