AB100: Bill Text Engrossed

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

AB100-engrossed,837,19 49.124 (5) Drug convictions. (a) 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. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.

AB100-engrossed,837,24 (b) The department may require an individual whose needs are not considered under par. (a) to submit to a test for use of a controlled substance not more than every 3 months. If, at the end of 12 months, the result of each test is negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.

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

AB100-engrossed,838,4 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 or parole imposed by a state or federal court.

AB100-engrossed, s. 1755m Section 1755m. 49.124 (7) of the statutes is created to read:

AB100-engrossed,838,12 49.124 (7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.

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

AB100-engrossed,838,16 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-engrossed, s. 1758 Section 1758. 49.127 (8) (b) 2. of the statutes is amended to read:

AB100-engrossed,838,20 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-engrossed, s. 1759 Section 1759. 49.127 (8) (c) of the statutes is created to read:

AB100-engrossed,838,24 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-engrossed, s. 1760 Section 1760. 49.127 (8) (d) of the statutes is renumbered 49.127 (8) (d) 1. (intro.) and amended to read:

AB100-engrossed,839,5 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-engrossed,839,9 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-engrossed, s. 1761 Section 1761. 49.127 (8) (d) 1. a., b. and c. of the statutes are created to read:

AB100-engrossed,839,12 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-engrossed,839,14 b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.

AB100-engrossed,839,15 c. For a 3rd offense under this section, permanently.

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

AB100-engrossed,839,20 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-engrossed, s. 1763 Section 1763. 49.127 (8) (e) of the statutes is created to read:

AB100-engrossed,839,24 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-engrossed,839,25 a. Upon the first such finding, for 2 years.

AB100-engrossed,840,1 b. Upon the 2nd such finding, permanently.

AB100-engrossed,840,4 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-engrossed, s. 1764 Section 1764. 49.127 (8) (f) of the statutes is created to read:

AB100-engrossed,840,10 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-engrossed, s. 1765 Section 1765. 49.13 of the statutes is repealed.

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

AB100-engrossed,840,16 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-engrossed, s. 1767 Section 1767. 49.131 (2) (intro.) of the statutes is renumbered 49.155 (1g) (intro.) and amended to read:

AB100-engrossed,840,21 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-engrossed, s. 1768 Section 1768. 49.131 (2) (a) of the statutes is repealed.

AB100-engrossed, 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-engrossed,841,20 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-engrossed, 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-engrossed, s. 1771 Section 1771. 49.131 (2) (b) 2. of the statutes is amended to read:

AB100-engrossed,842,2 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-engrossed, 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-engrossed, s. 1773 Section 1773. 49.131 (2) (c) (intro.) of the statutes is repealed.

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

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

AB100-engrossed,842,23 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.

AB100-engrossed, s. 1776 Section 1776. 49.132 (2) (a) of the statutes is amended to read:

AB100-engrossed,843,7 49.132 (2) (a) The Within the limits of available federal funds and from the appropriation under s. 20.445 (3) (cm) the department shall distribute the funds allocated under s. 49.13 for at-risk and low-income child care services under subs. (2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private nonprofit child care providers who agencies that provide child care for the children of migrant workers or shall reimburse child care providers who provide at-risk and low-income child care.

AB100-engrossed, s. 1777 Section 1777. 49.132 (4) (am) of the statutes is amended to read:

AB100-engrossed,843,15 49.132 (4) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after May 10, 1996, is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line. An applicant who is eligible under this paragraph and who began receiving aid under this section on or after May 10, 1996, continues to be eligible for aid under this section until the family income of the applicant is greater than 200% of the poverty line.

AB100-engrossed, s. 1778 Section 1778. 49.132 (6) of the statutes is amended to read:

AB100-engrossed,843,20 49.132 (6) Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d) October 1, 1997, or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later.

AB100-engrossed, s. 1779 Section 1779. 49.134 (2) (a) of the statutes is amended to read:

AB100-engrossed,843,25 49.134 (2) (a) From the allocation under s. 49.131 (2) (c) 2. 49.131 (2) (b) 1m., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

AB100-engrossed, s. 1780 Section 1780 . 49.134 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,844,6 49.134 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.

AB100-engrossed, s. 1781 Section 1781 . 49.136 (2) (a) of the statutes is amended to read:

AB100-engrossed,844,10 49.136 (2) (a) From the allocation under s. 49.131 (2) (c) 1. 49.131 (2) (b) 1m., the department shall award grants for the start-up or expansion of child care services.

AB100-engrossed, s. 1782 Section 1782 . 49.136 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,844,14 49.136 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department shall award grants for the start-up or expansion of child care services.

AB100-engrossed, s. 1783 Section 1783 . 49.137 (2) (a) of the statutes is amended to read:

AB100-engrossed,844,22 49.137 (2) (a) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB100-engrossed, s. 1784 Section 1784 . 49.137 (2) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,845,7 49.137 (2) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers that meet the quality of care standards established under s. 49.132 (4) (e) or 49.155 (6) 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.

AB100-engrossed, s. 1785 Section 1785 . 49.137 (3) (a) of the statutes is amended to read:

AB100-engrossed,845,11 49.137 (3) (a) From the allocation under s. 49.131 (2) (c) 3. 49.131 (2) (b) 1m., the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).

AB100-engrossed, s. 1786 Section 1786 . 49.137 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,845,16 49.137 (3) (a) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may award grants to child care providers for assistance in meeting the quality of care standards established under s. 49.132 (4) (e) 49.155 (1d) (b).

AB100-engrossed, s. 1787 Section 1787 . 49.137 (4) (intro.) of the statutes is amended to read:

AB100-engrossed,845,23 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (c) 4. 49.131 (2) (b) 1m., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

AB100-engrossed, s. 1788 Section 1788 . 49.137 (4) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,846,6 49.137 (4) Training and technical assistance contracts. (intro.) From the allocation under s. 49.131 (2) (b) 1m. 49.155 (1g) (b), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:

AB100-engrossed, s. 1788m Section 1788m. 49.137 (4) (gm) of the statutes is created to read:

AB100-engrossed,846,10 49.137 (4) (gm) Providing training to child care providers in providing child care for children with special needs and developing a network of child care providers who are qualified to provide child care for children with special needs.

AB100-engrossed, s. 1789 Section 1789. 49.138 (1) of the statutes is renumbered 49.138 (1m), and 49.138 (1m) (intro.), as renumbered, is amended to read:

AB100-engrossed,847,2 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by applicable federal laws and regulations. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) and (p) (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness may be used only to obtain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless if any of the following applies:

AB100-engrossed, s. 1790 Section 1790. 49.138 (1d) of the statutes is created to read:

AB100-engrossed,847,4 49.138 (1d) In this section:

AB100-engrossed,847,7 (a) "Administering agency" means the department or, if the department has contracted with a Wisconsin works agency under sub. (3), the Wisconsin works agency.

AB100-engrossed,847,8 (b) "Needy person" has the meaning specified by the department by rule.

AB100-engrossed, s. 1791 Section 1791. 49.138 (2) of the statutes is amended to read:

AB100-engrossed,847,11 49.138 (2) Emergency assistance provided to a person under sub. (1) (1m) (c) may be provided once in a 12-month period.

AB100-engrossed, s. 1792 Section 1792. 49.138 (3) of the statutes is created to read:

AB100-engrossed,847,14 49.138 (3) The department may contract with a Wisconsin works agency to administer this section.

AB100-engrossed, s. 1793 Section 1793. 49.138 (4) of the statutes is created to read:

AB100-engrossed,847,22 49.138 (4) (a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.

AB100-engrossed,848,3 (b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB100-engrossed,848,4 1. Withdraws the petition in writing.

AB100-engrossed,848,7 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

AB100-engrossed,848,12 (c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.