49.79(3)(a)(a) A county or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's or tribe's direct control, except as provided in
par. (b).
49.79(3)(b)
(b) A county or federally recognized American Indian tribe 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.
49.79(3)(c)
(c) A county or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.
49.79(4)
(4) 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. (3) from the payment to the county or tribe under income maintenance contracts under
s. 49.33 and reimburse the federal government from the funds withheld.
49.79(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.
49.79(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.
49.79(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.
49.79(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.
49.79(8)
(8) Benefits for qualified aliens. The department shall provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of
9 USC 1612 or
1613 according to a plan approved by the federal department of agriculture. This subsection does not apply to the extent that federal food stamp benefits for qualified aliens are restored by the federal government.
49.79(9)
(9) Fraud investigations and error reduction activities. If the department does not contract with the department of workforce development under
s. 49.197 (5), the department shall establish and administer a program to investigate fraudulent activity on the part of recipients of food stamps and to reduce errors in the payments of benefits under the food stamp program.
49.79(10)
(10) Contract for employment and training program. The department shall contract with the department of workforce development to administer the employment and training program under
s. 49.13.
49.79 History
History: 2001 a. 16 ss.
1656sy to
1656tjk,
1656tr,
1656ts to
1656tx,
1838sb to
1838td.; Stats 2001 s. 49.79.
49.793
49.793
Recovery of food stamps. 49.793(1)
(1) The department or a county or an elected governing body of a federally recognized American Indian tribe or band 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) or
46.22 (1) (b) 2. d. Recovery shall be made in accordance with
7 USC 2022.
49.793(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.
49.793 History
History: 2001 a. 16 ss.
1656ty,
1656tym; Stats. 2001 s. 49.793.
49.795
49.795
Food stamp offenses. 49.795(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).
49.795(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.
49.795(1)(e)
(e) "Unauthorized person" means a person who is not one of the following:
49.795(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.
49.795(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.
49.795(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.
49.795(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.
49.795(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.
49.795(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.
49.795(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.
49.795(6)
(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.
49.795(7)
(7) No person may knowingly alter food coupons.
49.795(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.
49.795(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 is guilty of a Class I felony.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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.
49.795(8)(b)
(b) For a 2nd or subsequent offense under this section:
49.795(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.
49.795(8)(b)2.
2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.
Effective date note
NOTE: Subd. 2. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
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.
49.795(8)(c)
(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 is guilty of a Class G felony.
Effective date note
NOTE: Par. (c) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(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.
49.795(8)(d)1.1. In addition to the penalties applicable under
par. (a),
(b) or
(c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:
49.795(8)(d)1.a.
a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1.b.
b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1m.
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.
49.795(8)(d)2.
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.
49.795(8)(e)1.1. 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:
49.795(8)(e)2.
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.
49.795(8)(f)
(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.
49.795 History
History: 2001 a. 16 s.
1656tz; Stats. 2001 s. 49.795;
2001 a. 109.
49.797
49.797
Electronic benefit transfer. 49.797(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029 or, if the department determines that the food stamp program no longer exists, a nutrition program that the department determines is a successor to the food stamp program.
49.797(2)(a)(a) Except as provided in
par. (b) and
sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in
s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
49.797(2)(b)
(b) The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.797(2)(b)1.
1. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.797(4)
(4) Duties. In administering a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.797(4)(a)
(a) Consult with members of the following groups:
49.797(4)(a)4.
4. Appropriate county, state and tribal governing body employees.
49.797(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.797(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.797(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.797(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.797(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.797(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.797(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.797(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.797(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.797(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
