SB357,58,418
46.40
(2g) Basic county allocation; consumer price index adjustment. In
192000, subject to sub. (9), for social services under s. 46.495 (1) (d) and services under
20s. 51.423 (2), the department shall allocate $0 from the appropriation under s. 20.435
21(7) (ba). Beginning in 2001, subject to sub. (9), for social services under s. 46.495 (1)
22(d) and services under s. 51.423 (2), the department shall allocate from the
23appropriation under s. 20.435 (7) (ba) in each year an amount equal to $286,330,700
24multiplied by a percentage that is equal to the percentage change between the U.S.
25consumer price index for all urban consumers, U.S. city average, for the 12-month
1period ending on June 30 of the previous year and the U.S. consumer price index for
2all urban consumers, U.S. city average, for the 12-month period ending on June 30,
31999, as determined by the federal department of labor, rounded to the nearest
4multiple of $100.
SB357, s. 82
5Section
82. 46.40 (3) of the statutes is amended to read:
SB357,58,116
46.40
(3) Tribal child care. For child care services under
42 USC 9858, the
7department shall distribute not more than $412,800 in each fiscal year from the
8appropriation
account accounts under s. 20.435 (7) (b)
, (ba) and (bb) to federally
9recognized American Indian tribes or bands. A tribe or band that receives funding
10under this subsection shall use that funding to provide child care for an eligible child,
11as defined in
42 USC 9858n (4).
SB357, s. 83
12Section
83. 46.40 (7m) of the statutes is amended to read:
SB357,59,213
46.40
(7m) Use by county of community aids funds to pay private attorneys
14for certain proceedings under the children's code. Upon application by a county
15department under s. 46.215, 46.22 or 46.23 to the department for permission to use
16funds allocated to that county department under
sub.
subs. (2)
and (2g) to employ
17private counsel for the purposes specified in this subsection and a determination by
18the department that use of funds for those purposes does not affect any federal grants
19or federal funding allocated under this section, the department and the county
20department shall execute a contract authorizing the county department to expend,
21as agreed upon in the contract, funds allocated to that county department under sub.
22(2) to permit the county department to employ private counsel to represent the
23interests of the state or county in proceedings under ch. 48 relating to child abuse or
24neglect cases, unborn child abuse cases, proceedings to terminate parental rights
1and any ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC
21901 to
1963.
SB357, s. 84
3Section
84. 46.45 (2) (a) of the statutes is amended to read:
SB357,59,134
46.45
(2) (a) If on December 31 of any year there remains unspent or
5unencumbered in the
allocation allocations under s. 46.40 (2)
and (2g) an amount
6that exceeds the amount received under
42 USC 670 to
679a and allocated under s.
746.40 (2)
and (2g) in that year, the department shall carry forward the excess moneys
8and distribute not less than 50% of the excess moneys to counties having a population
9of less than 500,000 for services and projects to assist children and families,
10notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not
11less than 50% of the moneys distributed to the county under this subsection for
12services for children who are at risk of abuse or neglect to prevent the need for child
13abuse and neglect intervention services.
SB357,60,416
46.45
(2) (a) If on December 31 of any year there remains unspent or
17unencumbered in the allocations under s. 46.40 (2) and (2g) an amount that exceeds
18the amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) and
19(2g) in that year, the department shall carry forward the excess moneys and
20distribute not less than 50% of the excess moneys to counties having a population of
21less than 500,000 that are making a good faith effort, as determined by the
22department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist
23children and families, notwithstanding the percentage limit specified in sub. (3) (a).
24A county shall use not less than 50% of the moneys distributed to the county under
25this subsection for services for children who are at risk of abuse or neglect to prevent
1the need for child abuse and neglect intervention services. If a county does not
2comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any
3amounts distributed to that county under this paragraph after June 30, 2001, by
4billing the county or deducting from that county's allocation under s. 46.40 (2).
SB357, s. 86
5Section
86. 46.45 (3) (a) of the statutes is amended to read:
SB357,60,166
46.45
(3) (a) Except as provided in par. (b), at the request of a county, tribal
7governing body or private nonprofit organization, the department shall carry
8forward up to 3% of the total amount allocated to the county, tribal governing body
9or nonprofit organization for a calendar year. All funds carried forward for a tribal
10governing body or nonprofit organization, all federal child welfare funds under
42
11USC 620 to
626 and all funds allocated under s. 46.40 (2m) carried forward for a
12county shall be used for the purpose for which the funds were originally allocated.
13Except as provided under par. (am), other funds carried forward may be used for any
14purpose under s. 20.435 (7) (b).
All funds allocated under s. 46.40 (2g) that are carried
15forward for a county under this subsection shall be expended by the county in the
16state fiscal year in which those funds were appropriated.
SB357, s. 87
17Section
87. 46.45 (6) of the statutes is amended to read:
SB357,60,2318
46.45
(6) The department may carry forward 10% of any funds not carried
19forward under sub. (3) for emergencies, for justifiable unit services costs above
20planned levels and to provide compensation for increased costs due to population
21shifts.
All funds allocated under s. 46.40 (2g) that are carried forward for a county
22under this subsection shall be expended by the county in the state fiscal year in which
23those funds were appropriated.
SB357, s. 88
24Section
88. 46.495 (1) (am) of the statutes is amended to read:
SB357,61,5
146.495
(1) (am) The department shall reimburse each county from the
2appropriations under s. 20.435 (3) (o) and (7) (b),
(ba), (bb), (kw) and (o) for social
3services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and
446.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the
5administration of or aid granted under s. 49.02.
SB357,62,28
46.495
(1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b),
(ba),
9(bb), (kw) and (o), the department shall distribute the funding for social services,
10including funding for foster care or treatment foster care of a child on whose behalf
11aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and
1246.23 as provided under s. 46.40. County matching funds are required for the
13distributions under s. 46.40 (2),
(2g), (8) and (9) (b). Each county's required match
14for the distributions under s. 46.40 (2)
, (2g) and (8) for a year equals 9.89% of the total
15of the county's distributions under s. 46.40 (2)
, (2g) and (8) for that year for which
16matching funds are required plus the amount the county was required by s. 46.26 (2)
17(c), 1985 stats., to spend for juvenile delinquency-related services from its
18distribution for 1987. Each county's required match for the distribution under s.
1946.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40
20(9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal
21and state revenue sharing funds or private donations to the county that meet the
22requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the
23total county match. If the county match is less than the amount required to generate
24the full amount of state and federal funds distributed for this period, the decrease
1in the amount of state and federal funds equals the difference between the required
2and the actual amount of county matching funds.
SB357, s. 90
3Section
90. 46.495 (1) (dc) of the statutes is amended to read:
SB357,62,74
46.495
(1) (dc) The department shall prorate the amount allocated to any
5county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal
6funds available
and the amount from the appropriation under s. 20.435 (7) (bb)
7available.
SB357, s. 91
8Section
91. 46.766 of the statutes is created to read:
SB357,62,9
946.766 Food pantry grants. (1) In this section:
SB357,62,1110
(a) 1. "Nonprofit organization" means an
organization described in section
501 11(c) of the Internal Revenue Code.
SB357,62,1412
2. "Rural"
means outside a metropolitan statistical area specified under
42
13CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an
14urban center.
SB357,62,1815
(b) From the appropriation under s. 20.435 (3) (fp), the department shall
16provide annual grants, not to exceed $15,000 per year per grant, to food pantries that
17apply and qualify for the grants. Grants awarded under this section may be used for
18any of the following purposes:
SB357,62,2019
1. The purchase, storage, transportation, coordination or distribution of food
20to needy households.
SB357,62,2121
2. The administration of emergency food distribution.
SB357,62,2222
3. The purchase of capital equipment.
SB357,62,2423
4. Programs designed to increase food availability to needy households or
24enhance food security.
SB357,62,2525
5. Nutrition education and outreach.
SB357,63,1
16. Technical assistance related to food pantry management.
SB357,63,32
(c) No grant received under this section may be used to foster or advance
3religious or political views.
SB357,63,5
4(2) A food pantry qualifies for a grant under this section if the food pantry meets
5all of the following conditions:
SB357,63,76
(a) The food pantry applies on an application developed by the department. The
7application may not exceed one page.
SB357,63,98
(b) The food pantry is a nonprofit organization or is affiliated with a nonprofit
9organization.
SB357,63,1110
(c) The food pantry distributes food packages directly, without charge, to needy
11households.
SB357,63,1212
(d) The food pantry is open to the general public in its service area.
SB357,63,1513
(e) The food pantry does not base food distribution on any criteria other than
14need of the recipient, except to the extent necessary for the orderly and fair
15distribution of food.
SB357,63,1716
(f) The food pantry has a permanent address, regular hours of operation and
17is open at least one day per month.
SB357,63,1918
(g) The food pantry adheres to the United States department of agriculture food
19safety and food storage standards.
SB357,64,2
20(3) (a) The department shall allocate 25% of the total funds available for grants
21under this section to be distributed, except as provided in sub. (1) (b), among rural
22food pantries that apply and are eligible in proportion to the number of persons
23served by each of those food pantries. Except as provided in sub. (2) (b), the
24department shall distribute the remainder of the grants to all food pantries that
1apply and are qualified in proportion to the number of persons served by each food
2pantry.
SB357,64,63
(b) If any funds remain unallocated, the department shall distribute the
4remaining funds to food pantries that have not received the maximum amount, in
5proportion to the number of persons served by each of those food pantries, but not
6to exceed $15,000.
SB357,64,97
(c) The department may not use more than 5% of the total amount available
8under the appropriation under s. 20.435 (3) (fp) for administration of the grant
9program under this section.
SB357,64,15
10(4) A food pantry that receives a grant under this section shall, not later than
1160 days after the end of the grant period, submit a report, not longer than 3 pages,
12to the department in the manner prescribed by the department by rule, that
13describes how the grant money was used by the food pantry. The department shall
14compile the reports and submit the compiled reports to the legislature under s.
1513.172 (2).
SB357,64,1918
47.03
(3) (d) Any person who violates this subsection shall be fined not more
19than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
SB357, s. 93
20Section
93. 48.355 (2d) (b) 3. of the statutes is amended to read:
SB357,65,321
48.355
(2d) (b) 3. That the parent has committed
a violation of s. 940.19 (3),
221997 stats., a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or
23(2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
24federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or (5), 940.225
25(1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state,
1and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
2in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
3of the parent.
SB357, s. 94
4Section
94. 48.415 (9m) (b) 2. of the statutes is amended to read:
SB357,65,105
48.415
(9m) (b) 2. The commission of
a violation of s. 940.19 (3), 1997 stats., 6a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
7948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other
8state or federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or
9(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06
10or 948.08 if committed in this state.
SB357, s. 95
11Section
95. 48.417 (1) (d) of the statutes is amended to read:
SB357,65,1912
48.417
(1) (d) A court of competent jurisdiction has found that the parent has
13committed
a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2),
(3), (4)
14or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a
15violation of the law of any other state or federal law, if that violation would be a
16violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or
17948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in
18great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
19defined in s. 939.22 (38), to the child or another child of the parent.
SB357, s. 96
20Section
96. 48.57 (3p) (g) 2. of the statutes is amended to read:
SB357,65,2521
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
22in
s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63
,
23939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other
24state or federal law under circumstances under which the person would be subject
25to a penalty specified in any of those sections if convicted in this state.
SB357, s. 97
1Section
97. 48.685 (5) (bm) 2. of the statutes is amended to read:
SB357,66,32
48.685
(5) (bm) 2. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 3(4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.
SB357, s. 98
4Section
98. 48.685 (5) (bm) 3. of the statutes is amended to read:
SB357,66,75
48.685
(5) (bm) 3. A violation of
s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01,
6940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31,
7941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g)
, (1m) or (1r) or 943.32 (2).
SB357, s. 99
8Section
99. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB357,66,129
48.685
(5) (bm) 4. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 10(4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that
11is a felony, if committed not more than 5 years before the date of the investigation
12under sub. (2) (am).
SB357,66,1715
49.127
(8) (a) 2. If the value of the food coupons exceeds $100, but is less than
16$5,000, a person who violates this section
may be fined not more than $10,000 or
17imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.
SB357,66,2320
49.127
(8) (b) 2. If the value of the food coupons exceeds $100, but is less than
21$5,000, a person who violates this section
may be fined not more than $10,000 or
22imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
23felony.
SB357,67,3
149.127
(8) (c) For any offense under this section, if the value of the food coupons
2is $5,000 or more, a person who violates this section
may be fined not more than
3$250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.
SB357,67,96
49.141
(7) (a) A person who is convicted of violating sub. (6) in connection with
7the furnishing by that person of items or services for which payment is or may be
8made under Wisconsin works
may be fined not more than $25,000 or imprisoned for
9not more than 7 years and 6 months or both is guilty of a Class H felony.
SB357,67,1412
49.141
(7) (b) A person, other than a person under par. (a), who is convicted of
13violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than
142 years 9 months or both.
SB357,67,2517
49.141
(9) (a) Whoever solicits or receives any remuneration in cash or in-kind,
18in return for referring an individual to a person for the furnishing or arranging for
19the furnishing of any item or service for which payment may be made in whole or in
20part under Wisconsin works, or in return for purchasing, leasing, ordering, or
21arranging for or recommending purchasing, leasing, or ordering any good, facility,
22service, or item for which payment may be made in whole or in part under Wisconsin
23works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
24specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
25imprisoned for not more than 7 years and 6 months or both.
SB357,68,113
49.141
(9) (b) Whoever offers or pays any remuneration in cash or in-kind to
4any person to induce the person to refer an individual to a person for the furnishing
5or arranging for the furnishing of any item or service for which payment may be made
6in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange
7for or recommend purchasing, leasing, or ordering any good, facility, service or item
8for which payment may be made in whole or in part under any provision of Wisconsin
9works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
10specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
11imprisoned for not more than 7 years and 6 months or both.
SB357,68,1714
49.141
(10) (b) A person who violates this subsection
is guilty of a Class H
15felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
16the person may be fined not more than $25,000
or imprisoned for not more than 7
17years and 6 months or both.
SB357,69,220
49.49
(1) (b) 1. In the case of such a statement, representation, concealment,
21failure, or conversion by any person in connection with the furnishing by that person
22of items or services for which medical assistance is or may be made, a person
23convicted of violating this subsection
is guilty of a Class H felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
1fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
2or both.
SB357,69,155
49.49
(2) (a)
Solicitation or receipt of remuneration. Any person who solicits
6or receives any remuneration, including any kickback, bribe, or rebate, directly or
7indirectly, overtly or covertly, in cash or in kind, in return for referring an individual
8to a person for the furnishing or arranging for the furnishing of any item or service
9for which payment may be made in whole or in part under a medical assistance
10program, or in return for purchasing, leasing, ordering, or arranging for or
11recommending purchasing, leasing, or ordering any good, facility, service, or item for
12which payment may be made in whole or in part under a medical assistance program,
13is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
14in s. 939.50 (3) (h), the person may be fined not more than $25,000
or imprisoned for
15not more than 7 years and 6 months or both.
SB357,70,318
49.49
(2) (b)
Offer or payment of remuneration. Whoever offers or pays any
19remuneration including any kickback, bribe, or rebate directly or indirectly, overtly
20or covertly, in cash or in kind to any person to induce such person to refer an
21individual to a person for the furnishing or arranging for the furnishing of any item
22or service for which payment may be made in whole or in part under a medical
23assistance program, or to purchase, lease, order, or arrange for or recommend
24purchasing, leasing, or ordering any good, facility, service or item for which payment
25may be made in whole or in part under a medical assistance program,
is guilty of a
1Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50
2(3) (h), the person may be fined not more than $25,000
or imprisoned for not more
3than 7 years and 6 months or both.
SB357,70,156
49.49
(3) Fraudulent certification of facilities. No person may knowingly
7and wilfully make or cause to be made, or induce or seek to induce the making of, any
8false statement or representation of a material fact with respect to the conditions or
9operation of any institution or facility in order that such institution or facility may
10qualify either upon initial certification or upon recertification as a hospital, skilled
11nursing facility, intermediate care facility, or home health agency.
Violators of A
12person who violates this subsection
is guilty of a Class H felony, except that,
13notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
14fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
15or both.
SB357,70,2118
49.49
(3m) (b) A person who violates this subsection
is guilty of a Class H
19felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
20the person may be fined not more than $25,000
or imprisoned for not more than 7
21years and 6 months or both.
SB357,71,224
49.49
(4) (b) A person who violates this subsection
is guilty of a Class H felony,
25except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
1person may be fined not more than $25,000
or imprisoned for not more than 7 years
2and 6 months or both.
SB357, s. 114
3Section
114. 49.688 of the statutes is created to read:
SB357,71,5
449.688 Prescription drug assistance for elderly persons. (1) In this
5section: