SB77-SSA1, s. 1734
7Section
1734. 48.982 (2) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,754,98
48.982
(2) (g) (intro.) In coordination with the departments of health and social
9services and
education public instruction:
SB77-SSA1,754,1411
48.982
(2m) Donation uses. (intro.) If money is accepted by the board for the
12children's trust fund or for any other purpose under sub. (2) (d),
except moneys
13received under s. 341.14 (6r) (b) 6., the board shall use the money in accordance with
14the wishes of the donor to do any of the following:
SB77-SSA1,754,2316
48.985
(1) Federal program operations. From the appropriation under s.
1720.435 (3) (n), the department shall expend not more than
$543,700 $273,700 in
each 18fiscal year
1995-96 and not more than $543,700 in fiscal year 1996-97 of the moneys
19received under
42 USC 620 to
626 for the department's expenses in connection with
20administering the expenditure of funds received under
42 USC 620 to
626, for child
21welfare projects and services provided or purchased by the department, and for child
22abuse and neglect independent investigations
and for providing child-at-risk field
23training to counties.
SB77-SSA1, s. 1736
24Section
1736. 48.985 (2) (a) of the statutes is renumbered 48.985 (2) and
25amended to read:
SB77-SSA1,755,7
148.985
(2) Community social and mental hygiene services. From the
2appropriation under s. 20.435 (7) (o), the department shall distribute not more than
3$3,919,800 in each $3,804,000 in fiscal year
1997-98 and not more than $3,734,000
4in fiscal year 1998-99 of the moneys received under
42 USC 620 to
626 to county
5departments under ss. 46.215, 46.22 and 46.23 for the provision or purchase of child
6welfare projects and services, for services to children and families and for
7family-based child welfare services.
SB77-SSA1,755,129
48.985
(3) Community youth and family aids. From the appropriation
account 10under s. 20.410 (3)
(oo) (ko), the department of corrections shall allocate, to county
11departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s.
12301.26, not more than $1,100,000 in each fiscal year.
SB77-SSA1, s. 1738
13Section
1738. 49.025 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,755,1714
49.025
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
15year, the department shall pay to the county, in accordance with s. 49.031, from the
16appropriation under s. 20.435
(1) (5) (bt), an amount for that year determined as
17follows:
SB77-SSA1, s. 1739
18Section
1739. 49.027 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,755,2219
49.027
(2) (a) (intro.) If a county is eligible to receive a relief block grant in a
20year, the department shall pay to the county, in accordance with s. 49.031, from the
21appropriation under s. 20.435
(1) (5) (bu), an amount for that year determined as
22follows:
SB77-SSA1, s. 1740
23Section
1740. 49.027 (2) (a) 1. d. of the statutes is amended to read:
SB77-SSA1,756,3
149.027
(2) (a) 1. d. The department shall multiply the amount determined
2under subd. 1. c. by the amount appropriated under s. 20.435
(1) (5) (bu) for relief
3block grants for that year.
SB77-SSA1,756,125
49.029
(2) Amount and distribution of relief block grant. From the
6appropriation under s. 20.435
(1) (5) (bs), the department shall distribute a relief
7block grant to each eligible tribal governing body in an amount and in a manner
8determined in accordance with rules promulgated by the department. The
9department shall promulgate the rules after consulting with all tribal governing
10bodies eligible for a relief block grant. In promulgating rules under this section, the
11department shall consider each tribe's economic circumstances and need for health
12care services.
SB77-SSA1,756,20
1449.114 Contract powers of the department. (1) Religious organizations;
15legislative purpose. The purpose of this section is to allow the department to
16contract with, or award grants to, religious organizations, under any program
17administered by the department, on the same basis as any other nongovernmental
18provider without impairing the religious character of such organizations, and
19without diminishing the religious freedom of beneficiaries of assistance funded
20under such program.
SB77-SSA1,757,4
21(2) Nondiscrimination against religious organizations. If the department is
22authorized under ch. 16 to contract with a nongovernmental entity, or is authorized
23to award grants to a nongovernmental entity, religious organizations are eligible, on
24the same basis as any other private organization, as contractors under any program
25administered by the department so long as the programs are implemented consistent
1with the First Amendment of the U.S. Constitution and article I, section 18, of the
2Wisconsin Constitution. Except as provided in sub. (10), the department may not
3discriminate against an organization that is or applies to be a contractor on the basis
4that the organization has a religious character.
SB77-SSA1,757,9
5(3) Religious character and freedom. (a) The department shall allow a
6religious organization with which the department contracts or to which the
7department awards a grant to retain its independence from state and local
8governments, including the organization's control over the definition, development,
9practice and expression of its religious beliefs.
SB77-SSA1,757,1210
(b) The department may not require a religious organization to alter its form
11of internal governance or to remove religious art, icons, scripture or other symbols
12in order to be eligible for a contract or grant.
SB77-SSA1,757,21
13(4) Rights of beneficiaries of assistance. If an individual has an objection to
14the religious character of the organization or institution from which the individual
15receives, or would receive, assistance funded under any program administered by
16the department, the department shall provide such individual, if otherwise eligible
17for such assistance, within a reasonable period of time after the date of the objection
18with assistance from an alternative provider that is accessible to the individual. The
19value of the assistance offered by the alternative provider may not be less than the
20value of the assistance which the individual would have received from the religious
21organization.
SB77-SSA1,757,25
22(5) Employment practices. To the extent permitted under federal law, a
23religious organization's exemption provided under
42 USC 2000e-la regarding
24employment practices is not affected by its participation in, or receipt of funds from,
25programs administered by the department.
SB77-SSA1,758,4
1(6) Nondiscrimination against beneficiaries. A religious organization may not
2discriminate against an individual in regard to rendering assistance funded under
3any program administered by the department on the basis of religion, a religious
4belief or refusal to actively participate in a religious practice.
SB77-SSA1,758,8
5(7) Fiscal accountability. (a) Except as provided in par. (b), any religious
6organization that contracts with, or receives a grant from, the department is subject
7to the same laws and rules as other contractors to account in accord with generally
8accepted auditing principles for the use of such funds provided under such programs.
SB77-SSA1,758,119
(b) If the religious organization segregates funds provided under programs
10administered by the department into separate accounts, then only the financial
11assistance provided with those funds shall be subject to audit.
SB77-SSA1,758,14
12(8) Compliance. Any party that seeks to enforce its rights under this section
13may assert a civil action for injunctive relief against the entity or agency that
14allegedly commits the violation.
SB77-SSA1,758,17
15(9) Limitations on use of funds for certain purposes. No funds provided
16directly to religious organizations by the department may be expended for sectarian
17worship, instruction or proselytization.
SB77-SSA1,758,21
18(10) Preemption. Nothing in this section may be construed to preempt any
19provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any
20other statute that prohibits or restricts the expenditure of federal or state funds in
21or by religious organizations.
SB77-SSA1, s. 1742
22Section
1742. 49.124 (1) of the statutes is renumbered 49.124 (1) (intro.) and
23amended to read:
SB77-SSA1,758,2424
49.124
(1) (title)
Definition Definitions. (intro.) In this section
, "food:
SB77-SSA1,759,2
1(b) "Food stamp program" means the federal food stamp program under
7 USC
22011 to
2029 2036.
SB77-SSA1,759,54
49.124
(1) (ag) "Controlled substance" has the meaning given in
21 USC 802 5(6).
SB77-SSA1,759,77
49.124
(1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
SB77-SSA1,759,99
49.124
(1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
SB77-SSA1,759,1111
49.124
(1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).
SB77-SSA1,759,1413
49.124
(1) (e) "Wisconsin works employment position" has the meaning given
14in s. 49.141 (1) (r).
SB77-SSA1,759,1716
49.124
(1g) Denial of eligibility. An individual is ineligible to participate in
17the food stamp program in a month that any of the following is true:
SB77-SSA1,759,2518
(a) The individual is a custodial parent of a child who is under the age of 18 and
19who has an absent parent, or the individual lives with and exercises parental control
20over a child who is under the age of 18 and who has an absent parent, and the
21individual does not fully cooperate in efforts directed at establishing the paternity
22of the child, if necessary, and obtaining support payments, if any, or other payments
23or property, if any, to which that individual or the child may have rights. This
24paragraph does not apply if the individual has good cause for refusing to cooperate,
25as determined by the department in accordance with federal law and regulations.
SB77-SSA1,760,4
1(b) The individual is a man who is alleged to be the father under s. 767.45 of
2a child under the age of 18 and the individual refuses to cooperate, as determined by
3the department in accordance with federal law and regulations, in efforts directed
4at establishing the paternity of the child.
SB77-SSA1,760,85
(c) If the individual is a noncustodial mother of a child under the age of 18 and
6the paternity of the father has not been established, the individual refuses to
7cooperate, as determined by the department in accordance with federal law and
8regulations, in efforts directed at establishing the paternity of the child.
SB77-SSA1,760,119
(d) The individual is a noncustodial parent of a child under the age of 18 and
10the individual refuses to cooperate, as determined by the department in accordance
11with federal law and regulations, in providing or obtaining support for the child.
SB77-SSA1,760,1412
(e) The individual is obligated by court order to provide child support payments
13and is delinquent in making those court-ordered payments. This paragraph does not
14apply if any of the following applies:
SB77-SSA1,760,1615
1. The delinquency equals less than 3 months of the court-ordered support
16payments.
SB77-SSA1,760,1817
2. A court or county child support agency under s. 59.53 (5) is allowing the
18individual to delay the child support payments.
SB77-SSA1,760,2019
3. The individual is complying with a payment plan approved by a county child
20support agency under s. 59.53 (5) to provide support for the child of the individual.
SB77-SSA1,761,722
49.124
(1m) (a) The department shall administer an employment and training
23program for recipients under the food stamp program. The department may contract
24with a Wisconsin works agency to administer the employment and training program
25under this
section subsection. Except as provided in pars. (b) and (bm), the
1department may require able individuals who are 18 to 60 years of age who are not
2participants in a Wisconsin works employment position
, as defined in s. 49.141 (1)
3(r), to participate in the employment and training program under this
section. To the
4extent permitted by federal law or waiver, and except as provided in par. (cm), the
5department may distribute food stamp benefits on a pay-for-performance basis, as
6determined under par. (c). The maximum number of hours an individual may be
7required to work may not exceed 40 hours per week subsection.
SB77-SSA1,761,1310
49.124
(1m) (cm)
Notwithstanding par. (c), the The amount of food stamp
11benefits paid to a recipient who is a participant in a Wisconsin works employment
12position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction
13benefit amount received s. 49.148.
SB77-SSA1, s. 1751g
14Section 1751g. 49.124 (1m) (cm) of the statutes, as affected by 1997 Wisconsin
15Act .... (this act), is amended to read:
SB77-SSA1,761,1816
49.124
(1m) (cm) The amount of food stamp benefits paid to a recipient who is
17a participant in a Wisconsin works employment position under s. 49.147 (4)
(b) or (5)
18shall be calculated based on the pre-sanction benefit amount received s. 49.148.
SB77-SSA1,761,2320
49.124
(1n) Ineligibility for noncompliance with work requirements. An
21individual who fails to comply with the work requirements under sub. (1m) (a)
22without good cause is ineligible to participate in the food stamp program under this
23section as follows:
SB77-SSA1,761,2524
(a) For the first occurrence of noncompliance, one month, or until the person
25complies with the work requirements under sub. (1m) (a), whichever is later.
SB77-SSA1,762,2
1(b) For the 2nd occurrence of noncompliance, 3 months, or until the person
2complies with the work requirements under sub. (1m) (a), whichever is later.
SB77-SSA1,762,53
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or
4until the person complies with the work requirements under sub. (1m) (a), whichever
5is later.
SB77-SSA1,762,117
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.
SB77-SSA1,763,313
49.124
(5) Drug convictions. (a) The department shall require an applicant
14for, or recipient under, the food stamp program to state in writing whether the
15applicant or recipient or any member of the applicant's or recipient's household has
16been convicted, in any state or federal court of a felony that has as an element
17possession, use or distribution of a controlled substance. The department shall
18require an applicant or recipient, or member of the applicant's or recipient's
19household to submit to a test for use of a controlled substance as a condition of
20continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
21date the written statement is made, the applicant or recipient or the member of the
22applicant's or recipient's household was convicted in any state or federal court of a
23felony that had as an element possession, use or distribution of a controlled
24substance. If the test results are positive with respect to any individual, the
25department may not consider the needs of that individual in determining the
1household's eligibility for the food stamp program for at least 12 months from the
2date of the test. The department shall, however, consider the income and resources
3of that individual to be available to the household.
SB77-SSA1,763,8
4(b) If an individual whose needs are not considered under par. (a) submits to
5a test for use of a controlled substance at least 12 months after the date that the
6department first disregarded that individual's needs under par. (a), and if the test
7results are negative, the department shall consider the individual's needs in
8determining the eligibility of the individual's household.
SB77-SSA1,763,1310
49.124
(6) Ineligibility for fugitive felons. No person is eligible for the food
11stamp program in a month in which that person is a fugitive felon under
7 USC 2015 12(k) (1) or is violating a condition of probation or parole imposed by a state or federal
13court.
SB77-SSA1,763,1715
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 5 years or both.
SB77-SSA1,763,2119
49.127
(8) (b) 2. If the value of the food coupons exceeds $100,
but is less than
20$5,000, a person who violates this section may be fined not more than $10,000 or
21imprisoned
for not more than 5 years or both.
SB77-SSA1,763,2523
49.127
(8) (c) For any offense under this section, if the value of the food coupons
24is $5,000 or more, a person who violates this section may be fined not more than
25$250,000 or imprisoned for not more than 20 years or both.
SB77-SSA1, s. 1760
1Section
1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1.
2(intro.) and amended to read:
SB77-SSA1,764,53
49.127
(8) (d) 1. (intro.) In addition to the penalties applicable under par. (a)
4or, (b)
or (c), the court
may shall suspend a person who violates this section from
5participation in the food stamp program
up to 18 months. as follows:
SB77-SSA1,764,9
62. The person may apply to the county department under s. 46.215, 46.22 or
746.23 or the federally recognized American Indian tribal governing body or, if the
8person is a supplier, to the federal department of agriculture for reinstatement
9following the period of suspension
, if the suspension is not permanent.
SB77-SSA1, s. 1761
10Section
1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:
SB77-SSA1,764,1211
49.127
(8) (d) 1. a. For a first offense under this section, one year. The court
12may extend the suspension by not more than 18 months.
SB77-SSA1,764,1413
b. For a 2nd offense under this section, 2 years. The court may extend the
14suspension by not more than 18 months.
SB77-SSA1,764,1515
c. For a 3rd offense under this section, permanently.
SB77-SSA1,764,2017
49.127
(8) (d) 1m. In addition to the penalties applicable under par. (a), (b) or
18(c), a court shall permanently suspend from the food stamp program a person who
19has been convicted of an offense under
7 USC 2024 (b) or (c) involving an item covered
20by
7 USC 2024 (b) or (c) having a value of $500 or more.