(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.

49.124 (1) (title) Definition Definitions. (intro.) In this section, “food:

(b) “Food stamp program" means the federal food stamp program under 7 USC 2011 to 2029 2036.

49.124 (1) (ag) “Controlled substance" has the meaning given in 21 USC 802 (6).

49.124 (1) (am) “Custodial parent" has the meaning given in s. 49.141 (1) (b).

49.124 (1) (c) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

49.124 (1) (d) “Parent" has the meaning given in s. 49.141 (1) (j).

49.124 (1) (e) “Wisconsin works employment position" has the meaning given in s. 49.141 (1) (r).

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:

(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.

(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.

(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.

(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.

(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:

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

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

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) 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) and (br), 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.

49.124 (1m) (br) 1. In this paragraph, “area" means a county or combination of counties; a city; a village; a town; a smaller geographic region of a county, city, vil lage or town; or a federally recognized American Indian reservation.

2. The department shall request a waiver from the secretary of the federal department of agriculture to permit the department to waive the work requirement under 7 USC 2015, as amended by section 824 of P.L. 104-193, for any group of individuals, to the extent permitted under federal law, for whom any of the following is true: