SB357: Bill Text

SB357,57,16 46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $284,978,800 for fiscal year 1999-2000 and $285,511,800 for fiscal year 2000-01. In addition to distributing the amounts specified in this subsection, the department shall also distribute in each fiscal year, subject to sub. (9), the amount appropriated under s. 20.435 (7) (bb) for social services under s. 46.495 (1) (d) and services under s. 51.423 (2).

SB357, s. 81 Section 81. 46.40 (2g) of the statutes is created to read:

SB357,58,4 46.40 (2g) Basic county allocation; consumer price index adjustment. In 2000, subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall allocate $0 from the appropriation under s. 20.435 (7) (ba). Beginning in 2001, subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall allocate from the appropriation under s. 20.435 (7) (ba) in each year an amount equal to $286,330,700 multiplied by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30, 1999, as determined by the federal department of labor, rounded to the nearest multiple of $100.

SB357, s. 82 Section 82. 46.40 (3) of the statutes is amended to read:

SB357,58,11 46.40 (3) Tribal child care. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account accounts under s. 20.435 (7) (b), (ba) and (bb) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

SB357, s. 83 Section 83. 46.40 (7m) of the statutes is amended to read:

SB357,59,2 46.40 (7m) Use by county of community aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under s. 46.215, 46.22 or 46.23 to the department for permission to use funds allocated to that county department under sub. subs. (2) and (2g) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under ch. 48 relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate parental rights and any ch. 48 cases or proceedings involving the Indian child welfare act, 25 USC 1901 to 1963.

SB357, s. 84 Section 84. 46.45 (2) (a) of the statutes is amended to read:

SB357,59,13 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation allocations under s. 46.40 (2) and (2g) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) and (2g) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services.

SB357, s. 85 Section 85. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:

SB357,60,4 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocations under s. 46.40 (2) and (2g) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) and (2g) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2).

SB357, s. 86 Section 86. 46.45 (3) (a) of the statutes is amended to read:

SB357,60,16 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body or nonprofit organization for a calendar year. All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626 and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other funds carried forward may be used for any purpose under s. 20.435 (7) (b). All funds allocated under s. 46.40 (2g) that are carried forward for a county under this subsection shall be expended by the county in the state fiscal year in which those funds were appropriated.

SB357, s. 87 Section 87. 46.45 (6) of the statutes is amended to read:

SB357,60,23 46.45 (6) The department may carry forward 10% of any funds not carried forward under sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts. All funds allocated under s. 46.40 (2g) that are carried forward for a county under this subsection shall be expended by the county in the state fiscal year in which those funds were appropriated.

SB357, s. 88 Section 88. 46.495 (1) (am) of the statutes is amended to read:

SB357,61,5 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b), (ba), (bb), (kw) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

SB357, s. 89 Section 89. 46.495 (1) (d) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,62,2 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (ba), (bb), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (2g), (8) and (9) (b). Each county's required match for the distributions under s. 46.40 (2), (2g) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2), (2g) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB357, s. 90 Section 90. 46.495 (1) (dc) of the statutes is amended to read:

SB357,62,7 46.495 (1) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available and the amount from the appropriation under s. 20.435 (7) (bb) available.

SB357, s. 91 Section 91. 46.766 of the statutes is created to read:

SB357,62,9 46.766 Food pantry grants. (1) In this section:

SB357,62,11 (a) 1. "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code.

SB357,62,14 2. "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an urban center.

SB357,62,18 (b) From the appropriation under s. 20.435 (3) (fp), the department shall provide annual grants, not to exceed $15,000 per year per grant, to food pantries that apply and qualify for the grants. Grants awarded under this section may be used for any of the following purposes:

SB357,62,20 1. The purchase, storage, transportation, coordination or distribution of food to needy households.

SB357,62,21 2. The administration of emergency food distribution.

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.