AB40: Bill Text

AB40, s. 1571 Section 1571. 49.795 (2m) of the statutes is renumbered 49.375 (2m).

AB40, s. 1572 Section 1572. 49.795 (3) of the statutes is renumbered 49.375 (3) and amended to read:

AB40,693,25 49.375 (3) No person may knowingly issue food coupons supplemental nutrition assistance program benefits to a person who is not an eligible person or knowingly issue food coupons supplemental nutrition assistance program benefits to an eligible person in excess of the amount for which the person's household is eligible.

AB40, s. 1573 Section 1573. 49.795 (4) of the statutes is renumbered 49.375 (4) and amended to read:

AB40,694,6 49.375 (4) No eligible person may knowingly transfer food coupons supplemental nutrition assistance program benefits except to purchase food from a supplier or knowingly obtain or use food coupons supplemental nutrition assistance program benefits for which the person's household is not eligible.

AB40, s. 1574 Section 1574. 49.795 (5) of the statutes is renumbered 49.375 (5) and amended to read:

AB40,694,12 49.375 (5) No supplier may knowingly obtain food coupons supplemental nutrition assistance program benefits except as payment for food or knowingly obtain food coupons supplemental nutrition assistance program benefits from a person who is not an eligible person.

AB40, s. 1575 Section 1575. 49.795 (6) of the statutes is renumbered 49.375 (6) and amended to read:

AB40,694,16 49.375 (6) No unauthorized person may knowingly obtain, possess, transfer, or use food coupons supplemental nutrition assistance program benefits.

AB40, s. 1576 Section 1576. 49.795 (7) of the statutes is renumbered 49.375 (7) and amended to read:

AB40,694,20 49.375 (7) No person may knowingly alter food coupons supplemental nutrition assistance program benefits.

AB40, s. 1577 Section 1577. 49.795 (8) (a) (intro.) of the statutes is renumbered 49.375 (8) (a) (intro.).

AB40, s. 1578 Section 1578. 49.795 (8) (a) 1. of the statutes is renumbered 49.375 (8) (a) 1. and amended to read:

AB40,695,4 49.375 (8) (a) 1. If the value of the food coupons supplemental nutrition assistance program benefits 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.

AB40, s. 1579 Section 1579. 49.795 (8) (a) 2. of the statutes is renumbered 49.375 (8) (a) 2. and amended to read:

AB40,695,9 49.375 (8) (a) 2. If the value of the food coupons supplemental nutrition assistance program benefits exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class I felony.

AB40, s. 1580 Section 1580. 49.795 (8) (b) (intro.) of the statutes is renumbered 49.375 (8) (b) (intro.).

AB40, s. 1581 Section 1581. 49.795 (8) (b) 1. of the statutes is renumbered 49.375 (8) (b) 1. and amended to read:

AB40,695,17 49.375 (8) (b) 1. If the value of the food coupons supplemental nutrition assistance program benefits 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.

AB40, s. 1582 Section 1582. 49.795 (8) (b) 2. of the statutes is renumbered 49.375 (8) (b) 2. and amended to read:

AB40,695,22 49.375 (8) (b) 2. If the value of the food coupons supplemental nutrition assistance program benefits exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.

AB40, s. 1583 Section 1583. 49.795 (8) (c) of the statutes is renumbered 49.375 (8) (c) and amended to read:

AB40,696,3 49.375 (8) (c) For any offense under this section, if the value of the food coupons supplemental nutrition assistance program benefits is $5,000 or more, a person who violates this section is guilty of a Class G felony.

AB40, s. 1584 Section 1584. 49.795 (8) (d) 1. (intro.) of the statutes is renumbered 49.375 (8) (d) 1. (intro.) and amended to read:

AB40,696,9 49.375 (8) (d) 1. (intro.) 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 supplemental nutrition assistance program as follows:

AB40, s. 1585 Section 1585. 49.795 (8) (d) 1. a. of the statutes is renumbered 49.375 (8) (d) 1. a.

AB40, s. 1586 Section 1586. 49.795 (8) (d) 1. b. of the statutes is renumbered 49.375 (8) (d) 1. b.

AB40, s. 1587 Section 1587. 49.795 (8) (d) 1. c. of the statutes is renumbered 49.375 (8) (d) 1. c.

AB40, s. 1588 Section 1588. 49.795 (8) (d) 1m. of the statutes is renumbered 49.375 (8) (d) 1m. and amended to read:

AB40,696,22 49.375 (8) (d) 1m. In addition to the penalties applicable under par. (a), (b), or (c), a court shall permanently suspend from the food stamp supplemental nutrition assistance 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.

AB40, s. 1589 Section 1589. 49.795 (8) (d) 2. of the statutes is amended to read:

AB40,697,2 49.795 (8) (d) 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.

AB40, s. 1590 Section 1590. 49.795 (8) (d) 2. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.375 (8) (d) 2.

AB40, s. 1591 Section 1591. 49.795 (8) (e) 1. (intro.) of the statutes is renumbered 49.375 (8) (e) 1. (intro.) and amended to read:

AB40,697,10 49.375 (8) (e) 1. (intro.) If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons supplemental nutrition assistance program benefits, the court shall suspend the person from participation in the food stamp supplemental nutrition assistance program as follows:

AB40, s. 1592 Section 1592. 49.795 (8) (e) 1. a. of the statutes is renumbered 49.375 (8) (e) 1. a.

AB40, s. 1593 Section 1593. 49.795 (8) (e) 1. b. of the statutes is renumbered 49.375 (8) (e) 1. b.

AB40, s. 1594 Section 1594. 49.795 (8) (e) 2. of the statutes is renumbered 49.375 (8) (e) 2. and amended to read:

AB40,697,20 49.375 (8) (e) 2. If a court finds that a person traded firearms, ammunition, or explosives for food coupons supplemental nutrition assistance program benefits, the court shall suspend the person permanently from participation in the food stamp supplemental nutrition assistance program.

AB40, s. 1595 Section 1595. 49.795 (8) (f) of the statutes is renumbered 49.375 (8) (f) and amended to read:

AB40,698,3 49.375 (8) (f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b), or (c), the court shall suspend from the food stamp supplemental nutrition assistance 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 supplemental nutrition assistance program.

AB40, s. 1596 Section 1596. 49.797 (title) of the statutes is renumbered 49.377 (title).

AB40, s. 1597 Section 1597. 49.797 (1) of the statutes is renumbered 49.377 (1) and amended to read:

AB40,698,12 49.377 (1) Definition. In this section, "food stamp program" "supplemental nutrition assistance program" means the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036 or, if the department determines that the food stamp supplemental nutrition assistance program no longer exists, a nutrition program that the department determines is a successor to the food stamp supplemental nutrition assistance program.

AB40, s. 1598 Section 1598. 49.797 (2) (a) of the statutes is renumbered 49.377 (2) and amended to read:

AB40,698,24 49.377 (2) Notwithstanding s. 46.028 and except as provided in par. (b) and sub. (8), the The department shall administer a statewide program to deliver food stamp supplemental nutrition assistance program benefits to recipients of food stamp supplemental nutrition assistance program benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) 49.375 (1) (d), may participate in the delivery of food stamp supplemental nutrition assistance program 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 supplemental nutrition assistance program benefits under the electronic benefit transfer system.

AB40, s. 1599 Section 1599. 49.797 (2) (b) of the statutes is repealed.

AB40, s. 1600 Section 1600. 49.797 (4) of the statutes is renumbered 49.377 (4).

AB40, s. 1601 Section 1601. 49.797 (5) of the statutes is renumbered 49.377 (5).

AB40, s. 1602 Section 1602. 49.797 (6) of the statutes is renumbered 49.377 (6).

AB40, s. 1603 Section 1603. 49.797 (7) of the statutes is renumbered 49.377 (7).

AB40, s. 1604 Section 1604. 49.797 (8) of the statutes is amended to read:

AB40,699,11 49.797 (8) County Tribal governing body 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.

AB40, s. 1605 Section 1605. 49.797 (8) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1606 Section 1606 . 49.825 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1607 Section 1607. 49.825 (2) (a) 2. of the statutes is repealed.

AB40, s. 1608 Section 1608. 49.83 of the statutes is amended to read:

AB40,700,4 49.83 Limitation on giving information. Except as provided under ss. 49.25 and 49.32 (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77, 2009 stats., or s. 49.39 for any purpose not connected with the administration of the programs, except that the department of children and families may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB40, s. 1609 Section 1609. 49.84 (5) of the statutes is amended to read:

AB40,700,11 49.84 (5) A person applying for Wisconsin works Works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV, or food stamp supplemental nutrition assistance program benefits under 7 USC 2011 to 2029 2036 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in 42 USC 1320b-7 (d).

AB40, s. 1610 Section 1610. 49.845 (1) of the statutes is amended to read:

AB40,701,8 49.845 (1) Fraud investigation. From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn), the department of health services shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665 and, if the department of children and families contracts with the department of health services under sub. (4), on the part of recipients of aid to families with dependent children under s. 49.19, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The activities of the department of health services under this subsection may include comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department of health services shall cooperate with district attorneys regarding fraud prosecutions.

AB40, s. 1611 Section 1611 . 49.845 (1) of the statutes, as affected by Wisconsin Act .... (this act), is amended to read:

AB40,702,5 49.845 (1) Fraud investigation. From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn), the department of health services shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, and health care benefits under the Badger Care health care program under s. 49.665 and, if the department of children and families contracts with the department of health services under sub. (4), on the part of recipients of aid to families with dependent children under s. 49.19, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, recipients of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The activities of the department of health services under this subsection may include comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department of health services shall cooperate with district attorneys regarding fraud prosecutions.

AB40, s. 1612 Section 1612. 49.845 (2) of the statutes is amended to read:

AB40,702,17 49.845 (2) State error reduction activities. The department of health services shall conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 and, if the department of children and families contracts with the department of health services under sub. (4), in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161.

AB40, s. 1613 Section 1613 . 49.845 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,703,3 49.845 (2) State error reduction activities. The department of health services shall conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp program under 7 USC 2011 to 2036, and the Badger Care health care program under s. 49.665 and, if the department of children and families contracts with the department of health services under sub. (4), in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161, and the supplemental nutrition assistance program under 7 USC 2011 to 2036.

AB40, s. 1614 Section 1614. 49.845 (4) (title) of the statutes is amended to read:

AB40,703,6 49.845 (4) (title) Contract for Wisconsin Works, supplemental security income, and caretaker supplement.

AB40, s. 1615 Section 1615 . 49.845 (4) (title) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,703,11 49.845 (4) (title) Contract for Wisconsin Works, supplemental security income, and caretaker supplement, and the supplemental nutrition assistance program.

AB40, s. 1616 Section 1616. 49.845 (4) (a) 1. of the statutes is amended to read:

AB40,704,2 49.845 (4) (a) 1. Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, recipients of supplemental security income payments under s. 49.39, recipients of payments for the support of children of supplemental security income recipients under s. 49.395, and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects that fraudulent activity as described in this subdivision has occurred or is occurring, the employee shall immediately report the facts and circumstances contributing to that suspicion to the employee's immediate supervisor.

AB40, s. 1617 Section 1617 . 49.845 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,704,21 49.845 (4) (a) 1. Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, recipients of supplemental security income payments under s. 49.39, recipients of payments for the support of children of supplemental security income recipients under s. 49.395, recipients of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, the supplemental nutrition assistance program under 7 USC 2011 to 2036, and Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects that fraudulent activity as described in this subdivision has occurred or is occurring, the employee shall immediately report the facts and circumstances contributing to that suspicion to the employee's immediate supervisor.

AB40, s. 1618 Section 1618. 49.847 (1) of the statutes is amended to read:

AB40,705,2 49.847 (1) Subject to ss. s. 49.497 (1) and 49.793 (1), the department of health services, or a county or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.

AB40, s. 1619 Section 1619. 49.847 (2) of the statutes is amended to read:

AB40,705,8 49.847 (2) The department, county, or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s. 49.793 (1), the The department may by rule specify other methods for recovering incorrectly paid benefits.

AB40, s. 1620 Section 1620 . 49.847 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,705,14 49.847 (3) (a) Subject to ss. s. 49.497 (2) and 49.793 (2), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.