SB357: Bill Text

SB357,62,22 3. The purchase of capital equipment.

SB357,62,24 4. Programs designed to increase food availability to needy households or enhance food security.

SB357,62,25 5. Nutrition education and outreach.

SB357,63,1 6. Technical assistance related to food pantry management.

SB357,63,3 (c) No grant received under this section may be used to foster or advance religious or political views.

SB357,63,5 (2) A food pantry qualifies for a grant under this section if the food pantry meets all of the following conditions:

SB357,63,7 (a) The food pantry applies on an application developed by the department. The application may not exceed one page.

SB357,63,9 (b) The food pantry is a nonprofit organization or is affiliated with a nonprofit organization.

SB357,63,11 (c) The food pantry distributes food packages directly, without charge, to needy households.

SB357,63,12 (d) The food pantry is open to the general public in its service area.

SB357,63,15 (e) The food pantry does not base food distribution on any criteria other than need of the recipient, except to the extent necessary for the orderly and fair distribution of food.

SB357,63,17 (f) The food pantry has a permanent address, regular hours of operation and is open at least one day per month.

SB357,63,19 (g) The food pantry adheres to the United States department of agriculture food safety and food storage standards.

SB357,64,2 (3) (a) The department shall allocate 25% of the total funds available for grants under this section to be distributed, except as provided in sub. (1) (b), among rural food pantries that apply and are eligible in proportion to the number of persons served by each of those food pantries. Except as provided in sub. (2) (b), the department shall distribute the remainder of the grants to all food pantries that apply and are qualified in proportion to the number of persons served by each food pantry.

SB357,64,6 (b) If any funds remain unallocated, the department shall distribute the remaining funds to food pantries that have not received the maximum amount, in proportion to the number of persons served by each of those food pantries, but not to exceed $15,000.

SB357,64,9 (c) The department may not use more than 5% of the total amount available under the appropriation under s. 20.435 (3) (fp) for administration of the grant program under this section.

SB357,64,15 (4) A food pantry that receives a grant under this section shall, not later than 60 days after the end of the grant period, submit a report, not longer than 3 pages, to the department in the manner prescribed by the department by rule, that describes how the grant money was used by the food pantry. The department shall compile the reports and submit the compiled reports to the legislature under s. 13.172 (2).

SB357, s. 92 Section 92. 47.03 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,64,19 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 93 Section 93. 48.355 (2d) (b) 3. of the statutes is amended to read:

SB357,65,3 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SB357, s. 94 Section 94. 48.415 (9m) (b) 2. of the statutes is amended to read:

SB357,65,10 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

SB357, s. 95 Section 95. 48.417 (1) (d) of the statutes is amended to read:

SB357,65,19 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SB357, s. 96 Section 96. 48.57 (3p) (g) 2. of the statutes is amended to read:

SB357,65,25 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB357, s. 97 Section 97. 48.685 (5) (bm) 2. of the statutes is amended to read:

SB357,66,3 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

SB357, s. 98 Section 98. 48.685 (5) (bm) 3. of the statutes is amended to read:

SB357,66,7 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

SB357, s. 99 Section 99. 48.685 (5) (bm) 4. of the statutes is amended to read:

SB357,66,12 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1997 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SB357, s. 100 Section 100. 49.127 (8) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,66,17 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 7 years and 6 months or both is guilty of a Class I felony.

SB357, s. 101 Section 101. 49.127 (8) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,66,23 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 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 102 Section 102. 49.127 (8) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,67,3 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 30 years or both is guilty of a Class G felony.

SB357, s. 103 Section 103. 49.141 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,67,9 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 104 Section 104. 49.141 (7) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,67,14 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 105 Section 105. 49.141 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,67,25 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 106 Section 106. 49.141 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,68,11 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 107 Section 107. 49.141 (10) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,68,17 49.141 (10) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 108 Section 108. 49.49 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,69,2 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 109 Section 109. 49.49 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,69,15 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 110 Section 110. 49.49 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,70,3 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 111 Section 111. 49.49 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,70,15 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 112 Section 112. 49.49 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,70,21 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 113 Section 113. 49.49 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,71,2 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both.

SB357, s. 114 Section 114. 49.688 of the statutes is created to read:

SB357,71,5 49.688 Prescription drug assistance for elderly persons. (1) In this section:

SB357,71,6 (a) "Brand name" has the meaning given in s. 450.12 (1) (a).

SB357,71,7 (b) "Generic name" has the meaning given in s. 450.12 (1) (b).

SB357,71,9 (c) "Gross income" means all income, from whatever source derived and in whatever form realized, whether in money, property or services.

SB357,71,10 (d) "Prescription drug" has the meaning given in s. 450.01 (20).

SB357,71,21 (2) From the appropriations under s. 20.435 (4) (bv) and (j), beginning April 1, 2001, the department shall reimburse pharmacists for the provision of up to $10,000 per year of prescription drugs that correspond to those prescription drugs for which reimbursement is made under s. 49.46 (2) (b) 6. h. and for which the manufacturer has entered into a rebate agreement with the department under sub. (5), to a person who meets criteria for eligibility under sub. (3). The department is the payer of last resort for coverage for prescription drugs under this subsection. The payment rate for provider reimbursement shall be the allowable charges paid under s. 49.46 (2) (b) 6. h. for prescription drugs. The department shall maintain, or contract for the maintenance of, a toll-free telephone number at department headquarters to provide information about participation in the program under this subsection.

SB357,71,23 (3) (a) An individual is eligible for participation in the program under sub. (2) if the individual meets all of the following requirements:

SB357,72,3 1. The individual is at least 65 years of age, is a resident, as defined in s. 27.01 (10) (a), of this state and is ineligible for medical assistance under s. 49.46, 49.465, 49.468 or 49.47.

SB357,72,6 2. If single, the individual's gross income does not exceed $50,000 or, if married, the couple's gross income does not exceed $75,000. These limitations shall be annually adjusted as specified in sub. (4).

SB357,72,7 (b) Program participants shall pay all of the following:

SB357,72,9 1. Twenty-five percent of the allowable charge paid under s. 49.46 (2) (b) 6. h. for each prescription drug provided under the program.

SB357,72,11 2. A copayment of $5 for each prescription drug provided under the program that bears only a generic name.

SB357,72,13 3. A copayment of $10 for each prescription drug provided under the program that bears a brand name.

SB357,72,15 (c) No program participant may be required to demonstrate that he or she has no disability insurance policy, as defined in s. 632.895 (1) (a).

SB357,72,22 (4) Beginning by January 1, 2002, the department shall annually by January 1 increase the dollar amounts specified under sub. (3) (a) 2. by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of December of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average,for the month of December of the year before the previous year, as determined by the federal department of labor.

SB357,73,2 (5) A drug manufacturer that sells drugs for prescribed use in this state shall, as a condition of inclusion of those drugs in the program under this section, enter with the department into a rebate agreement that is modeled on the rebate agreement specified under 42 USC 1396r-8. The rebate agreement shall include all of the following as requirements:

SB357,73,4 (a) That the manufacturer shall make rebate payments to the department each calendar quarter or according to a schedule established by the department.

SB357,73,6 (b) That the amount of the rebate payment shall be determined by the method specified in 42 USC 1396r-8 (c).

SB357, s. 115 Section 115. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 49.95 (1) (intro.) and amended to read:

SB357,73,11 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties:

SB357,73,13 (a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000; if.

SB357,73,16 (b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both; if.

SB357,73,19 (c) If the value of the assistance exceeds $1,000 but does not exceed $2,500, $2,000, the person may be fined not more than $500 $10,000 or imprisoned for not more than 7 years and 6 9 months or both; and if.

SB357,73,22 (d) If the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

SB357, s. 116 Section 116. 49.95 (1) (e) and (f) of the statutes are created to read:

SB357,73,25 49.95 (1) (e) If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.

SB357,74,2 (f) If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.