49.114(3)
(3) Religious character and freedom. 49.114(3)(a)(a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.
49.114(3)(b)
(b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.
49.114(4)
(4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.
49.114(5)
(5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under
42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.
49.114(6)
(6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.
49.114(7)(a)(a) Except as provided in
par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.
49.114(7)(b)
(b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.
49.114(8)
(8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.
49.114(9)
(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.
49.114(10)
(10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.
49.114 History
History: 1997 a. 27.
49.124
49.124
Food stamp administration. 49.124(1g)
(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:
49.124(1g)(a)
(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 good faith with efforts directed at establishing the paternity of the child, if necessary, establishing or enforcing a support order, if appropriate, or obtaining 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.
49.124(1g)(b)
(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 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.
49.124(1g)(c)
(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.
49.124(1g)(d)
(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.
49.124(1g)(e)
(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:
49.124(1g)(e)1.
1. The delinquency equals less than 3 months of the court-ordered support payments.
49.124(1g)(e)2.
2. A court or county child support agency under
s. 59.53 (5) is allowing the individual to delay the child support payments.
49.124(1g)(e)3.
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.
49.124(1m)(a)(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 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 to participate in the employment and training program under this subsection.
49.124(1m)(b)
(b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under
par. (a).
49.124(1m)(bm)
(bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under
par. (a) if that individual is enrolled at least half time in a school, as defined in
s. 49.26 (1) (a) 2., a training program or an institution of higher education.
49.124(1m)(cm)
(cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under
s. 49.147 (4) or
(5) shall be calculated based on the pre-sanction benefit amount received
s. 49.148.
49.124(1m)(d)
(d) A participant in an employment and training program under this section administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section administered by a Wisconsin works agency is an employee of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.124(1n)
(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:
49.124(1n)(a)
(a) For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under
sub. (1m) (a), whichever is later.
49.124(1n)(b)
(b) For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under
sub. (1m) (a), whichever is later.
49.124(1n)(c)
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under
sub. (1m) (a), whichever is later.
49.124(1p)(a)(a) The department shall request a waiver from the secretary of the federal department of agriculture to permit the application of
par. (b).
Paragraph (b) does not apply unless a waiver is granted and in effect.
49.124(1p)(b)
(b) The department shall modify eligibility and benefit amounts under the food stamp program to provide for a graduated schedule of benefits based on income in the manner described in the waiver under
par. (a).
49.124(2)
(2) Liability for lost food coupons. 49.124(2)(a)(a) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's, tribe's or Wisconsin works agency's direct control, except as provided in
par. (b).
49.124(2)(b)
(b) A county, federally recognized American Indian tribe or Wisconsin works agency is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.
49.124(2)(c)
(c) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county, members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county, tribe or Wisconsin works agency.
49.124(3)
(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) (dz) and
(nL) and reimburse the federal government from the funds withheld.
49.124(4)(b)
(b) The department shall request a waiver from the secretary of the federal department of agriculture to allow the application of
par. (c). The waiver shall also seek a waiver from those federal quality control standards under the food stamp program that the department determines to be necessary in order to make the application of
par. (c) feasible.
Paragraph (c) applies only while the waiver under this paragraph is in effect.
49.124(4)(c)
(c) If a migrant worker and his or her dependents do not meet the income limitations under the food stamp program using prospective budgeting, the department shall determine eligibility for the migrant worker and his or her dependents using an income-averaging method described in the waiver under
par. (b).
49.124(5)(a)(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.
49.124(5)(b)
(b) If an individual whose needs are not considered under
par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under
par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.124(6)
(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, extended supervision or parole imposed by a state or federal court.
49.124(7)
(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.
49.124(8)
(8) Benefits for qualified aliens. Not later than June 15, 1998, the department shall submit a plan to the secretary of the federal department of agriculture to provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of
8 USC 1612 or
1613. If the secretary of the federal department of agriculture approves the plan, the department shall provide benefits under this section beginning on August 1, 1998, or on the day that the plan is approved, whichever is later, to a qualified alien who is otherwise eligible for benefits under this section. This subsection does not apply to the extent that federal food stamp benefits for qualified aliens are restored by the federal government.
49.125
49.125
Recovery of food stamps. 49.125(1)
(1) The department, or a county, an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under
s. 46.215 (1) (k),
46.22 (1) (b) 2. d. or
49.143 (2) (e). Recovery shall be made in accordance with
7 USC 2022.
49.125(2)
(2) A county or governing body of a federally recognized American Indian tribe may retain a portion 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 employee or officer of the county or tribe. 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 error.
49.127
49.127
Food stamp offenses. 49.127(1)(a)
(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under
7 USC 2020 (e) (7).
49.127(1)(d)
(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.
49.127(1)(e)
(e) "Unauthorized person" means a person who is not one of the following:
49.127(1)(e)1.
1. An employee or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.
49.127(1)(e)2.
2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.
49.127(2)
(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.
49.127(2m)
(2m) No person may knowingly fail to report changes in income, assets or other facts as required under
7 USC 2015 (c) (1) or regulations issued under that provision.
49.127(3)
(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.
49.127(4)
(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.
49.127(5)
(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.
49.127(6)
(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.
49.127(7)
(7) No person may knowingly alter food coupons.
49.127(8)(a)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.127(8)(a)2.
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.
49.127(8)(b)
(b) For a 2nd or subsequent offense under this section:
49.127(8)(b)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
