AB100: Bill Text

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

AB100,773,10 49.124 (1) (am) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

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

AB100,773,12 49.124 (1) (c) "Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

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

AB100,773,14 49.124 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

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

AB100,773,17 49.124 (1) (e) "Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

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

AB100,773,20 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:

AB100,774,3 (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.

AB100,774,8 (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 or who has been ordered to submit to a genetic test under s. 49.225 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.

AB100,774,12 (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.

AB100,774,15 (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.

AB100,774,18 (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:

AB100,774,20 1. The delinquency equals less than 3 months of the court-ordered support payments.

AB100,774,22 2. A court or county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.

AB100,774,24 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, s. 1749 Section 1749. 49.124 (1m) (a) of the statutes is amended to read:

AB100,775,11 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), 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, s. 1750 Section 1750. 49.124 (1m) (am) of the statutes is created to read:

AB100,775,14 49.124 (1m) (am) To the extent permitted by federal law or waiver, the department may distribute food stamp benefits as follows:

AB100,775,18 1. 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 that an individual may be required to work may not exceed 30 hours per week.

AB100,776,2 2. The department may convert not more than $300 of a household's food stamp benefit to use as a wage subsidy to be paid to the employer of an individual who is a member of the household if the individual is employed by the employer as a participant in a Wisconsin works employment position. The department may not implement this subdivision until the secretary of administration has reviewed and approved a plan submitted by the department to the secretary of administration that details how this subdivision will be implemented and what fiscal effect the implementation of this subdivision will have.

AB100,776,7 3. The department may distribute food stamp benefits as cash only after the secretary of administration has reviewed and approved a plan submitted by the department to the secretary of administration that details how this subdivision will be implemented and what fiscal effect the implementation of this subdivision will have and only to the following recipients under the food stamp program:

AB100,776,11 a. Households in which a member is participating in a Wisconsin works employment position and a member has been employed in unsubsidized employment for at least 90 days, has earned at least $350 per month for the last 90 days of that employment and continues to earn at least $350 per month.

AB100,776,17 b. Households in which a member has been employed in unsubsidized employment for at least 90 days, has earned at least $350 per month for the last 90 days of that employment and continues to earn at least $350 per month and a member participated in a Wisconsin works employment position, but solely because of earnings became ineligible to continue to participate in a Wisconsin works employment position.

AB100, s. 1751 Section 1751. 49.124 (1m) (c) 3. of the statutes is amended to read:

AB100,776,21 49.124 (1m) (c) 3. The department shall multiply the number of hours determined under subd. 2. by the federal minimum hourly wage under 29 USC 206 (a) (1) $4.25.

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

AB100,777,2 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:

AB100,777,3 (a) For the first occurrence of noncompliance, one month.

AB100,777,4 (b) For the 2nd occurrence of noncompliance, 3 months.

AB100,777,5 (c) For the 3rd and subsequent occurrences of noncompliance, 6 months.

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

AB100,777,11 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, s. 1754 Section 1754. 49.124 (5) of the statutes is created to read:

AB100,777,22 49.124 (5) Ineligibility because of certain drug related convictions. (a) Except as provided in par. (c), an individual convicted after August 22, 1996, in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance is ineligible for benefits under the food stamp program for at least 12 months beginning on the date that the person first applies for benefits under the food stamp program. 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.

AB100,778,3 (b) Except as provided in par. (c), in determining a household's eligibility for the food stamp program, for at least 12 months the department may not consider the needs of any individual in the household who was convicted after August 22, 1996, in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. The department shall, however, consider the resources and income of that individual to be available to the household.

AB100,778,10 (c) If an individual who has been determined to be ineligible under par. (a) or whose needs are not considered under par. (b) submits to a test for use of a controlled substance at least 12 months after the date that the department first determined the individual to be ineligible under par. (a) or first disregarded that individual's needs under par. (b), and if the test results are negative, the department shall consider the individual to be eligible, if the individual is otherwise eligible, and shall consider the individual's needs in determining the eligibility of the individual's household.

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

AB100,778,15 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, parole or community supervision imposed by a state or federal court.

AB100, s. 1756 Section 1756. 49.125 (2) of the statutes is amended to read:

AB100,778,25 49.125 (2) A county or, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain a portion 15% of the amount of an overpayment the state is authorized to retain under 7 USC 2025 which is recovered under sub. (1) due to the efforts of an employe or officer of the county or, tribe or Wisconsin works agency. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county or governing body may retain. This subsection does not apply to recovery of an overpayment that was made as a result of state, county or , tribal governing body or Wisconsin works agency error.

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

AB100,779,4 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, s. 1758 Section 1758. 49.127 (8) (b) 2. of the statutes is amended to read:

AB100,779,8 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, s. 1759 Section 1759. 49.127 (8) (c) of the statutes is created to read:

AB100,779,12 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, s. 1760 Section 1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1. (intro.) and amended to read:

AB100,779,17 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:

AB100,779,21 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, s. 1761 Section 1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:

AB100,779,24 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.

AB100,780,2 b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

AB100,780,3 c. For a 3rd offense under this section, permanently.

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

AB100,780,8 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, s. 1763 Section 1763. 49.127 (8) (e) of the statutes is created to read:

AB100,780,12 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:

AB100,780,13 a. Upon the first such finding, for 2 years.

AB100,780,14 b. Upon the 2nd such finding, permanently.

AB100,780,17 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, s. 1764 Section 1764. 49.127 (8) (f) of the statutes is created to read:

AB100,780,23 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, s. 1765 Section 1765. 49.13 of the statutes is repealed.

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

AB100,781,5 49.155 (1) (ag) In this section, "child "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB100, s. 1767 Section 1767. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g) (intro.) and amended to read:

AB100,781,10 49.155 (1g) (intro.) Subject to sub. (4) (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:

AB100, s. 1768 Section 1768. 49.131 (2) (a) of the statutes is repealed.

AB100, s. 1769 Section 1769. 49.131 (2) (b) 1. and (c) 1., 2., 3. and 4. of the statutes are consolidated, renumbered 49.131 (2) (b) 1m. and amended to read:

AB100,782,8 49.131 (2) (b) 1m. From the appropriation under s. 20.445 (3) (mc), distribute $190,800 $4,315,000 in fiscal year 1995-96 1997-98 and $197,700 $4,315,000 in fiscal year 1996-97 1998-99 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.445 (3) (cp) and (md). (c) 1. For program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97. 2. For for grants under s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97. 3. For for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under s. 49.132 (4) (e) sub. (1d) and for a system of rates or a program of grants, as provided under s. 49.132 (4) (e) sub. (1d), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4. 4. For and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.

AB100, s. 1770 Section 1770. 49.131 (2) (b) 1m. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (b).

AB100, s. 1771 Section 1771. 49.131 (2) (b) 2. of the statutes is amended to read:

AB100,782,15 49.131 (2) (b) 2. From the appropriation under s. 20.445 (3) (mc) transfer $1,026,800 $1,687,400 in fiscal year 1996-97 1997-98 and $1,687,400 in fiscal year 1998-99 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.

AB100, s. 1772 Section 1772. 49.131 (2) (b) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 49.155 (1g) (c).

AB100, s. 1773 Section 1773. 49.131 (2) (c) (intro.) of the statutes is repealed.

AB100, s. 1774 Section 1774. 49.131 (3) of the statutes is repealed.

AB100, s. 1775 Section 1775. 49.131 (4) of the statutes is renumbered 49.155 (1j) and amended to read:

AB100,783,11 49.155 (1j) If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (2) (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under sub. (2) (1g). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (2) (1g), only with the approval of the committee.