AB40, s. 1552
12Section
1552. 49.793 (1) of the statutes, as affected by 2011 Wisconsin Act ....
13(this act), is renumbered 49.373 (1) and amended to read:
AB40,690,1814
49.373
(1) The department or an elected governing body of a federally
15recognized American Indian tribe or band acting on behalf of the department, may
16recover overpayments that arise from an overissuance of
food coupons benefits under
17the
food stamp supplemental nutrition assistance program administered under s.
1849.78. Recovery shall be made in accordance with
7 USC 2022.
AB40, s. 1553
19Section
1553
. 49.793 (2) of the statutes, as affected by 2011 Wisconsin Act ....
20(this act), is renumbered 49.373 (2).
AB40, s. 1554
21Section
1554
. 49.793 (2) (a) of the statutes is renumbered 49.793 (2) and
22amended to read:
AB40,691,523
49.793
(2) Except as provided in par. (b), a A county or governing body of a
24federally recognized American Indian tribe may retain a portion of the amount of an
25overpayment the state is authorized to retain under
7 USC 2025 that is recovered
1under sub. (1) due to the efforts of an employee or officer of the county or tribe. The
2department shall promulgate a rule establishing the portion of the amount of the
3overpayment that the county or governing body may retain. This
paragraph 4subsection does not apply to recovery of an overpayment that was made as a result
5of state, county, or tribal governing body error.
AB40, s. 1555
6Section
1555
. 49.793 (2) (b) of the statutes is repealed.
AB40, s. 1556
7Section
1556. 49.795 (title) of the statutes is renumbered 49.375 (title) and
8amended to read:
AB40,691,10
949.375 (title)
Food stamp
Supplemental nutrition assistance program
10offenses.
AB40, s. 1557
11Section
1557. 49.795 (1) (intro.) of the statutes is renumbered 49.375 (1)
12(intro.).
AB40, s. 1558
13Section
1558. 49.795 (1) (a) of the statutes is renumbered 49.375 (1) (a) and
14amended to read:
AB40,691,1715
49.375
(1) (a) "Eligible person" means a member of a household certified as
16eligible for the
food stamp supplemental nutrition assistance program or a person
17authorized to represent a certified household under
7 USC 2020 (e) (7).
AB40, s. 1559
18Section
1559. 49.795 (1) (b) of the statutes is renumbered 49.375 (1) (b) and
19amended to read:
AB40,691,2220
49.375
(1) (b) "Food" means items
which that may be purchased using
food
21coupons supplemental nutrition assistance program benefits under
7 USC 2012 (g)
22and
2016 (b).
AB40, s. 1560
23Section
1560. 49.795 (1) (c) of the statutes is renumbered 49.375 (1) (c) and
24amended to read:
AB40,692,3
149.375
(1) (c) "
Food stamp Supplemental nutrition assistance program" means
2the federal
food stamp supplemental nutrition assistance program under
7 USC
32011 to
2029 2036.
AB40, s. 1561
4Section
1561. 49.795 (1) (d) of the statutes is renumbered 49.375 (1) (d) and
5amended to read:
AB40,692,96
49.375
(1) (d) "Supplier" means a retail grocery store or other person
7authorized by the federal department of agriculture to accept
food coupons 8supplemental nutrition assistance program benefits in exchange for food under the
9food stamp supplemental nutrition assistance program.
AB40, s. 1562
10Section
1562. 49.795 (1) (e) (intro.) of the statutes is renumbered 49.375 (1)
11(e) (intro.).
AB40, s. 1563
12Section
1563. 49.795 (1) (e) 1. of the statutes is amended to read:
AB40,692,1513
49.795
(1) (e) 1. An employee or officer of the federal government, the state,
14a county or a federally recognized American Indian tribe acting in the course of
15official duties in connection with the food stamp program.
AB40, s. 1564
16Section
1564. 49.795 (1) (e) 1. of the statutes, as affected by 2011 Wisconsin
17Act .... (this act), is renumbered 49.375 (1) (e) 1. and amended to read:
AB40,692,2018
49.375
(1) (e) 1. An employee or officer of the federal government, the state, or
19a federally recognized American Indian tribe acting in the course of official duties in
20connection with the
food stamp supplemental nutrition assistance program.
AB40, s. 1565
21Section
1565. 49.795 (1) (e) 2. of the statutes is amended to read:
AB40,692,2422
49.795
(1) (e) 2. A person acting in the course of duties under a contract with
23the federal government, the state,
a county or a federally recognized American
24Indian tribe in connection with the food stamp program.
AB40, s. 1566
1Section
1566. 49.795 (1) (e) 2. of the statutes, as affected by 2011 Wisconsin
2Act .... (this act), is renumbered 49.375 (1) (e) 2. and amended to read:
AB40,693,53
49.375
(1) (e) 2. A person acting in the course of duties under a contract with
4the federal government, the state, or a federally recognized American Indian tribe
5in connection with the
food stamp supplemental nutrition assistance program.
AB40, s. 1567
6Section
1567. 49.795 (1) (e) 3. of the statutes is renumbered 49.375 (1) (e) 3.
AB40, s. 1568
7Section
1568. 49.795 (1) (e) 4. of the statutes is renumbered 49.375 (1) (e) 4.
AB40, s. 1569
8Section
1569. 49.795 (1) (e) 5. of the statutes is renumbered 49.375 (1) (e) 5.
9and amended to read:
AB40,693,1110
49.375
(1) (e) 5. A person authorized to redeem
food coupons supplemental
11nutrition assistance program benefits under
7 USC 2019.
AB40, s. 1570
12Section
1570. 49.795 (2) of the statutes is renumbered 49.375 (2) and amended
13to read:
AB40,693,1714
49.375
(2) No person may misstate or conceal facts in a
food stamp 15supplemental nutrition assistance program application or report of income, assets
16or household circumstances with intent to secure or continue to receive
food stamp 17supplemental nutrition assistance program benefits.
AB40, s. 1571
18Section
1571. 49.795 (2m) of the statutes is renumbered 49.375 (2m).
AB40, s. 1572
19Section
1572. 49.795 (3) of the statutes is renumbered 49.375 (3) and amended
20to read:
AB40,693,2521
49.375
(3) No person may knowingly issue
food coupons supplemental
22nutrition assistance program benefits to a person who is not an eligible person or
23knowingly issue
food coupons supplemental nutrition assistance program benefits 24to an eligible person in excess of the amount for which the person's household is
25eligible.
AB40, s. 1573
1Section
1573. 49.795 (4) of the statutes is renumbered 49.375 (4) and amended
2to read:
AB40,694,63
49.375
(4) No eligible person may knowingly transfer
food coupons 4supplemental nutrition assistance program benefits except to purchase food from a
5supplier or knowingly obtain or use
food coupons
supplemental nutrition assistance
6program benefits for which the person's household is not eligible.
AB40, s. 1574
7Section
1574. 49.795 (5) of the statutes is renumbered 49.375 (5) and amended
8to read:
AB40,694,129
49.375
(5) No supplier may knowingly obtain
food coupons supplemental
10nutrition assistance program benefits except as payment for food or knowingly
11obtain
food coupons supplemental nutrition assistance program benefits from a
12person who is not an eligible person.
AB40, s. 1575
13Section
1575. 49.795 (6) of the statutes is renumbered 49.375 (6) and amended
14to read:
AB40,694,1615
49.375
(6) No unauthorized person may knowingly obtain, possess, transfer
, 16or use
food coupons supplemental nutrition assistance program benefits.
AB40, s. 1576
17Section
1576. 49.795 (7) of the statutes is renumbered 49.375 (7) and amended
18to read:
AB40,694,2019
49.375
(7) No person may knowingly alter
food coupons supplemental nutrition
20assistance program benefits.
AB40, s. 1577
21Section
1577. 49.795 (8) (a) (intro.) of the statutes is renumbered 49.375 (8)
22(a) (intro.).
AB40, s. 1578
23Section
1578. 49.795 (8) (a) 1. of the statutes is renumbered 49.375 (8) (a) 1.
24and amended to read:
AB40,695,4
149.375
(8) (a) 1. If the value of the
food coupons supplemental nutrition
2assistance program benefits does not exceed $100, a person who violates this section
3may be fined not more than $1,000 or imprisoned not more than one year in the
4county jail or both.
AB40, s. 1579
5Section
1579. 49.795 (8) (a) 2. of the statutes is renumbered 49.375 (8) (a) 2.
6and amended to read:
AB40,695,97
49.375
(8) (a) 2. If the value of the
food coupons supplemental nutrition
8assistance program benefits exceeds $100, but is less than $5,000, a person who
9violates this section is guilty of a Class I felony.
AB40, s. 1580
10Section
1580. 49.795 (8) (b) (intro.) of the statutes is renumbered 49.375 (8)
11(b) (intro.).
AB40, s. 1581
12Section
1581. 49.795 (8) (b) 1. of the statutes is renumbered 49.375 (8) (b) 1.
13and amended to read:
AB40,695,1714
49.375
(8) (b) 1. If the value of the
food coupons supplemental nutrition
15assistance program benefits does not exceed $100, a person who violates this section
16may be fined not more than $1,000 or imprisoned not more than one year in the
17county jail or both.
AB40, s. 1582
18Section
1582. 49.795 (8) (b) 2. of the statutes is renumbered 49.375 (8) (b) 2.
19and amended to read:
AB40,695,2220
49.375
(8) (b) 2. If the value of the
food coupons supplemental nutrition
21assistance program benefits exceeds $100, but is less than $5,000, a person who
22violates this section is guilty of a Class H felony.
AB40, s. 1583
23Section
1583. 49.795 (8) (c) of the statutes is renumbered 49.375 (8) (c) and
24amended to read:
AB40,696,3
149.375
(8) (c) For any offense under this section, if the value of the
food coupons 2supplemental nutrition assistance program benefits is $5,000 or more, a person who
3violates this section is guilty of a Class G felony.
AB40, s. 1584
4Section
1584. 49.795 (8) (d) 1. (intro.) of the statutes is renumbered 49.375 (8)
5(d) 1. (intro.) and amended to read:
AB40,696,96
49.375
(8) (d) 1. (intro.) In addition to the penalties applicable under par. (a),
7(b)
, or (c), the court shall suspend a person who violates this section from
8participation in the
food stamp supplemental nutrition assistance program as
9follows:
AB40, s. 1585
10Section
1585. 49.795 (8) (d) 1. a. of the statutes is renumbered 49.375 (8) (d)
111. a.
AB40, s. 1586
12Section
1586. 49.795 (8) (d) 1. b. of the statutes is renumbered 49.375 (8) (d)
131. b.
AB40, s. 1587
14Section
1587. 49.795 (8) (d) 1. c. of the statutes is renumbered 49.375 (8) (d)
151. c.
AB40, s. 1588
16Section
1588. 49.795 (8) (d) 1m. of the statutes is renumbered 49.375 (8) (d)
171m. and amended to read:
AB40,696,2218
49.375
(8) (d) 1m. In addition to the penalties applicable under par. (a), (b)
, or
19(c), a court shall permanently suspend from the
food stamp supplemental nutrition
20assistance program a person who has been convicted of an offense under
7 USC 2024 21(b) or (c) involving an item covered by
7 USC 2024 (b) or (c) having a value of $500
22or more.
AB40, s. 1589
23Section
1589. 49.795 (8) (d) 2. of the statutes is amended to read:
AB40,697,224
49.795
(8) (d) 2. The person may apply to the
county department
under s.
2546.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing
1body or, if the person is a supplier, to the federal department of agriculture for
2reinstatement following the period of suspension, if the suspension is not permanent.
AB40, s. 1590
3Section
1590. 49.795 (8) (d) 2. of the statutes, as affected by 2011 Wisconsin
4Act .... (this act), is renumbered 49.375 (8) (d) 2.
AB40, s. 1591
5Section
1591. 49.795 (8) (e) 1. (intro.) of the statutes is renumbered 49.375 (8)
6(e) 1. (intro.) and amended to read:
AB40,697,107
49.375
(8) (e) 1. (intro.) If a court finds that a person traded a controlled
8substance, as defined in s. 961.01 (4), for
food coupons supplemental nutrition
9assistance program benefits, the court shall suspend the person from participation
10in the
food stamp supplemental nutrition assistance program as follows:
AB40, s. 1592
11Section
1592. 49.795 (8) (e) 1. a. of the statutes is renumbered 49.375 (8) (e)
121. a.
AB40, s. 1593
13Section
1593. 49.795 (8) (e) 1. b. of the statutes is renumbered 49.375 (8) (e)
141. b.
AB40, s. 1594
15Section
1594. 49.795 (8) (e) 2. of the statutes is renumbered 49.375 (8) (e) 2.
16and amended to read:
AB40,697,2017
49.375
(8) (e) 2. If a court finds that a person traded firearms, ammunition
, or
18explosives for
food coupons supplemental nutrition assistance program benefits, the
19court shall suspend the person permanently from participation in the
food stamp 20supplemental nutrition assistance program.
AB40, s. 1595
21Section
1595. 49.795 (8) (f) of the statutes is renumbered 49.375 (8) (f) and
22amended to read:
AB40,698,323
49.375
(8) (f) Notwithstanding par. (d), in addition to the penalties applicable
24under par. (a), (b)
, or (c), the court shall suspend from the
food stamp supplemental
25nutrition assistance program for a period of 10 years a person who fraudulently
1misstates or misrepresents his or her identity or place of residence for the purpose
2of receiving multiple benefits simultaneously under the
food stamp supplemental
3nutrition assistance program.
AB40, s. 1596
4Section
1596. 49.797 (title) of the statutes is renumbered 49.377 (title).
AB40, s. 1597
5Section
1597. 49.797 (1) of the statutes is renumbered 49.377 (1) and amended
6to read:
AB40,698,127
49.377
(1) Definition. In this section,
"food stamp program" "supplemental
8nutrition assistance program" means the federal
food stamp supplemental nutrition
9assistance program under
7 USC 2011 to
2029 2036 or, if the department determines
10that the
food stamp supplemental nutrition assistance program no longer exists, a
11nutrition program that the department determines is a successor to the
food stamp 12supplemental nutrition assistance program.
AB40, s. 1598
13Section
1598. 49.797 (2) (a) of the statutes is renumbered 49.377 (2) and
14amended to read:
AB40,698,2415
49.377
(2) Notwithstanding s. 46.028 and except as provided in par. (b) and sub.
16(8), the The department shall administer a statewide program to deliver
food stamp 17supplemental nutrition assistance program benefits to recipients of
food stamp 18supplemental nutrition assistance program benefits by an electronic benefit transfer
19system. All suppliers, as defined in s.
49.795 (1)
49.375 (1) (d), may participate in the
20delivery of
food stamp supplemental nutrition assistance program benefits under the
21electronic benefit transfer system. The department shall explore methods by which
22nontraditional retailers, such as farmers' markets, may participate in the delivery
23of
food stamp supplemental nutrition assistance program benefits under the
24electronic benefit transfer system.
AB40, s. 1599
25Section
1599. 49.797 (2) (b) of the statutes is repealed.
AB40, s. 1600
1Section
1600. 49.797 (4) of the statutes is renumbered 49.377 (4).
AB40, s. 1601
2Section
1601. 49.797 (5) of the statutes is renumbered 49.377 (5).
AB40, s. 1602
3Section
1602. 49.797 (6) of the statutes is renumbered 49.377 (6).
AB40, s. 1603
4Section
1603. 49.797 (7) of the statutes is renumbered 49.377 (7).
AB40, s. 1604
5Section
1604. 49.797 (8) of the statutes is amended to read: