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.
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.
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.
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) Notwithstanding
s. 46.028 and 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.
49.797(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.797(8)
(8) County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.797 History
History: 2001 a. 16 ss.
1656u to
1656ue,
1656uj to
1656ut; Stats. 2001 s. 49.797;
2009 a. 28.
49.797 Cross-reference
Cross-reference: See also ch.
DHS 252, Wis. adm. code.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health services, the department of children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468,
49.47, or
49.471, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health services and the department of children and families shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health services and the department of children and families shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.
49.82(2)(a)(a) Except as provided in
par. (b), for each person included in an application for public assistance under this chapter, proof shall be provided of his or her social security number or that an application for a social security number has been made.
49.82(2)(b)3.
3. A person who is applying for medical assistance under
subch. IV, coverage under the Badger Care health care program under
s. 49.665, or coverage under the program for prescription drug assistance for elderly persons under
s. 49.688 and who refuses to obtain a social security number because of well-established religious objections, as defined in
42 CFR 435.910 (h) (2).
49.825
49.825
Department administration in Milwaukee County.
