SB400, s. 248
9Section
248. 49.77 (1) of the statutes is renumbered 49.77 (1) (intro.) and
10amended to read:
SB400,107,1111
49.77
(1) Definition
Definitions. (intro.) In this section
"secretary":
SB400,107,14
12(m) Notwithstanding s. 49.66 (2), "secretary" means the secretary of the U.S.
13department of health and human services or the secretary of any other federal
14agency subsequently charged with the administration of federal Title XVI.
SB400, s. 249
15Section
249. 49.77 (1) (b) of the statutes is created to read:
SB400,107,1616
49.77
(1) (b) "Essential person" has the meaning given in s. 49.46 (1c).
SB400, s. 250
17Section
250. 49.78 (title) of the statutes is renumbered 49.003 (title).
SB400, s. 251
18Section
251. 49.78 (1) (intro.) and (b) of the statutes are renumbered 49.003
19(1) (intro.) and (b).
SB400, s. 252
1Section
252. 49.78 (1) (br), (1m), (1r), (2) (b), (2m) and (2r) of the statutes, as
2created by
2011 Wisconsin Act 32, are renumbered 49.003 (1) (br), (1m), (1r), (2) (b),
3(2m) and (2r).
SB400, s. 253
4Section
253. 49.78 (1) (cr) of the statutes is repealed.
Note: Repeals a definition for the term "tribal governing body", which is created
in Section 70 of the bill.
SB400, s. 254
5Section
254. 49.78 (2) (title) and (a), (10) and (11) of the statutes, as affected
6by
2011 Wisconsin Act 32, are renumbered 49.003 (2) (title) and (a), (10) and (11).
SB400, s. 255
7Section
255. 49.78 (4) to (7) of the statutes are renumbered 49.003 (4) to (7).
SB400,108,2112
49.003
(8) (a) From the appropriations under s. 20.435 (4) (bn) and (nn) and
13subject to par. (b), the department shall provide funding to reimburse each
14multicounty consortium that contracts with the department under sub. (2) and each
15tribal governing body that contracts with the department under sub. (2m) for the
16costs of administering the income maintenance programs, including conducting
17fraud prevention activities, in accordance with the terms of the applicable contract.
18The amount of reimbursement calculated under this paragraph and par. (b) is in
19addition to any reimbursement provided to a county, multicounty consortium, or
20tribal governing body for fraud and error reduction under s.
49.019 or 49.197
or
2149.845.
SB400, s. 258
22Section
258. 49.785 (1) (intro.) of the statutes is amended to read:
SB400,109,8
149.785
(1) (intro.) Except as provided in sub. (1m) and subject to s.
49.825 249.009, if any recipient specified in sub. (1c) dies and the estate of the deceased
3recipient is insufficient to pay the funeral, burial, and cemetery expenses of the
4deceased recipient, the department or county or applicable tribal governing body or
5organization responsible for burial of the recipient shall pay, to the person
6designated by the department or county department under s. 46.215, 46.22, or 46.23
7or applicable tribal governing body or organization responsible for the burial of the
8recipient, all of the following:
SB400, s. 259
9Section
259. 49.79 (title) of the statutes is amended to read:
SB400,109,11
1049.79 (title)
Food stamp Supplemental nutrition assistance program
11administration.
SB400, s. 260
12Section
260. 49.79 (1) (intro.) of the statutes is amended to read:
SB400,109,1413
49.79
(1) Definitions. (intro.) In this section
and ss. 49.793, 49.796, and
1449.797:
SB400, s. 261
15Section
261. 49.79 (1) (c) of the statutes is renumbered 49.79 (1) (fg) and
16amended to read:
SB400,109,1917
49.79
(1) (fg) "
Food stamp Supplemental nutrition assistance program" means
18the federal
food stamp supplemental nutrition assistance program under
7 USC
192011 to
2036.
SB400,109,2322
49.79
(1) (e) "Multicounty consortium" has the meaning given in s.
49.78 49.003 23(1) (br).
SB400, s. 263
24Section
263. 49.79 (2), (5) (a), (6), (7), (8m) (a) and (b) and (9) (a) 2., 3. and 4.
25of the statutes are amended to read:
SB400,110,4
149.79
(2) Denial of eligibility. An individual who fails to comply with the work
2requirements of the employment and training program under sub. (9) is ineligible to
3participate in the
food stamp supplemental nutrition assistance program as
4specified under sub. (9) (b).
SB400,110,20
5(5) (a) The department shall require an applicant for, or recipient under, the
6food stamp supplemental nutrition assistance program to state in writing whether
7the applicant or recipient or any member of the applicant's or recipient's household
8has been convicted, in any state or federal court of a felony that has as an element
9possession, use
, or distribution of a controlled substance. The department shall
10require an applicant or recipient, or member of the applicant's or recipient's
11household to submit to a test for use of a controlled substance as a condition of
12continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
13date the written statement is made, the applicant or recipient or the member of the
14applicant's or recipient's household was convicted in any state or federal court of a
15felony that had as an element possession, use
, or distribution of a controlled
16substance. If the test results are positive with respect to any individual, the
17department may not consider the needs of that individual in determining the
18household's eligibility for the
food stamp supplemental nutrition assistance program
19for at least 12 months from the date of the test. The department shall, however,
20consider the income and resources of that individual to be available to the household.
SB400,110,24
21(6) Ineligibility for fugitive felons. No person is eligible for the
food stamp
22supplemental nutrition assistance program in a month in which that person is a
23fugitive felon under
7 USC 2015 (k) (1) or is violating a condition of probation,
24extended supervision
, or parole imposed by a state or federal court.
SB400,111,8
1(7) Simplified food stamp supplemental nutrition assistance program. The
2department shall develop a simplified
food stamp
supplemental nutrition assistance 3program that meets all of the requirements under
P.L. 104-193, section 854 42 USC
42035, and shall submit the plan to the secretary of the federal department of
5agriculture for approval. If the secretary of the federal department of agriculture
6approves the plan, the department shall submit the plan to the secretary of
7administration for approval. If the secretary of administration approves the plan,
8the department may implement the plan.
SB400,111,12
9(8m) (a) The department shall allow a prisoner who is applying for the
food
10stamp supplemental nutrition assistance program from a correctional institution in
11anticipation of being released from the institution to use the address of the
12correctional institution as his or her address on the application.
SB400,111,1713
(b) The department shall allow an employee of a correctional institution who
14has been authorized by a prisoner of the institution to act on his or her behalf in
15matters related to the
food stamp supplemental nutrition assistance program to
16receive and conduct telephone calls on behalf of the prisoner in matters related to the
17food stamp supplemental nutrition assistance program.
SB400,111,21
18(9) (a) 2. The department may not require an individual who is a recipient
19under the
food stamp supplemental nutrition assistance program and who is the
20caretaker of a child under the age of 12 weeks to participate in any employment and
21training program under this subsection.
SB400,112,222
3. The department may not require an individual who is a recipient under the
23food stamp supplemental nutrition assistance program to participate in any
24employment and training program under this subsection if that individual is
1enrolled at least half time in a school, as defined in s.
49.26 49.198 (1) (a) 2., a training
2program, or an institution of higher education.
SB400,112,63
4. The amount of
food stamp supplemental nutrition assistance program 4benefits paid to a recipient who is a participant in a Wisconsin
works Works 5employment position under s. 49.147 (4) or (5) shall be calculated based on the
6pre-sanction benefit amount received s. 49.148.
SB400, s. 264
7Section
264. 49.79 (3) (title) of the statutes is amended to read:
SB400,112,88
49.79
(3) (title)
Liability for lost food coupons misappropriated benefits
.
SB400,112,1511
49.79
(3) (a) A county, multicounty consortium, or
federally recognized
12American Indian tribe tribal governing body is liable for all
food stamp coupons lost, 13supplemental nutrition assistance program benefits misappropriated
, or destroyed 14while under the county's, consortium's, or tribe's direct control
, except as provided
15in par. (b).
SB400,112,2116
(c) A county, multicounty consortium, or
federally recognized American Indian
17tribe tribal governing body is liable for
food stamp coupons mailed supplemental
18nutrition assistance program benefits incorrectly transferred to residents of the
19county or counties that are in the multicounty consortium or members of the tribe
20and lost in the mail due to incorrect information submitted to the department by the
21county or tribe.
Note: Strikes language no longer applicable under the system of electronic benefit
transfers.
SB400,113,5
22(4) Deductions from county income maintenance payments. The department
23shall withhold the value of
food stamp supplemental nutrition assistance program
1benefits losses for which a county, multicounty consortium, or
federally recognized
2American Indian tribe tribal governing body is liable under sub. (3) from the
3payment to the county, multicounty consortium, or tribe under income maintenance
4contracts under s.
49.78 49.003 and reimburse the federal government from the
5funds withheld.
SB400,113,9
6(8) Benefits for qualified aliens. The department shall not provide benefits
7under this section to a qualified alien, except to the extent that federal
food stamp 8supplemental nutrition assistance program benefits for qualified aliens are required
9by the federal government.
SB400,113,20
10(9) (a) 1. The department shall administer an employment and training
11program for recipients under the
food stamp supplemental nutrition assistance 12program and may contract with county departments under ss. 46.215, 46.22, and
1346.23, multicounty consortia, and with tribal governing bodies to carry out the
14administrative functions. The department may contract, or a county department,
15multicounty consortium, or tribal governing body may subcontract, with a Wisconsin
16Works agency or another provider to administer the employment and training
17program under this subsection. Except as provided in subds. 2. and 3., the
18department may require able individuals who are 18 to 60 years of age who are not
19participants in a Wisconsin Works employment position to participate in the
20employment and training program under this subsection.
Note: Eliminates language no longer applicable under the system of electronic
benefit transfers.
SB400, s. 267
23Section
267. 49.793 (title) of the statutes is amended to read:
SB400,114,2
149.793 (title)
Recovery of food stamps supplemental nutrition
2assistance overpayments.
SB400,114,115
49.793
(1) The department or a county, a multicounty consortium,
as defined
6in s. 49.78 (1) (br), or
an elected tribal governing body
of a federally recognized
7American Indian tribe or band acting on behalf of the department, may recover
8overpayments that arise from an overissuance of
food coupons benefits under the
9food stamp supplemental nutrition assistance program administered under s.
1046.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall the be made in accordance with
7
11USC 2022.
SB400,114,20
12(2) (a) Except as provided in par. (b), a county, a multicounty consortium,
as
13defined in s. 49.78 (1) (br), or
a tribal governing body
of a federally recognized
14American Indian tribe may retain a portion of the amount of an overpayment the
15state is authorized to retain under
7 USC 2025 that is recovered under sub. (1) due
16to the efforts of an employee or officer of the county, multicounty consortium, or tribe.
17The department shall promulgate a rule establishing the portion of the amount of the
18overpayment that the county, multicounty consortium, or governing body may
19retain. This paragraph does not apply to recovery of an overpayment that was made
20as a result of state, county, multicounty consortium, or tribal governing body error.
SB400, s. 269
21Section
269. 49.795 (title) and (1) (intro.) of the statutes are renumbered
22946.92 (title) and (1) (intro.).
SB400, s. 270
23Section
270
. 49.795 (1) (a), (b), (d) and (e) (intro.), 3., 4. and 5. of the statutes
24are renumbered 946.92 (1) (d), (dm), (fm) and (fr) (intro.) 3., 4. and 5., and 946.92 (1)
25(d), (dm), (fm) and (fr) 5., as renumbered, are amended to read:
SB400,115,3
1946.92
(1) (d) "Eligible person" means a member of a household certified as
2eligible for the
food stamp supplemental nutrition assistance program or a person
3authorized to represent a certified household under
7 USC 2020 (e) (7).
SB400,115,64
(dm) "Food" means items
which that may be purchased using
food coupons 5supplemental nutrition assistance program benefits under
7 USC 2012 (g) and
2016 6(b).
Note: Strikes a citation to a federal statute that does not relate to the subject
matter.
SB400,115,107
(fm) "Supplier" means a retail grocery store or other person authorized by the
8federal department of agriculture to accept
food coupons supplemental nutrition
9assistance program benefits in exchange for food under the
food stamp supplemental
10nutrition assistance program.
SB400,115,1211
(fr) 5. A person authorized to redeem
food coupons
supplemental nutrition
12assistance program benefits under
7 USC 2019.
SB400, s. 271
13Section
271. 49.795 (1) (c) of the statutes is repealed.
Note: Repeals a definition for "food stamp program".
SB400,115,2118
946.92
(1) (fr) 1. An employee or officer of the federal government, the state,
19a county, a multicounty consortium, or a federally recognized American Indian tribe
20acting in the course of official duties in connection with the
food stamp supplemental
21nutrition assistance program.
SB400,116,222
2. A person acting in the course of duties under a contract with the federal
23government, the state, a county, a multicounty consortium, or a federally recognized
1American Indian tribe in connection with the
food stamp supplemental nutrition
2assistance program.
SB400, s. 274
3Section
274
. 49.795 (2) to (6) of the statutes are renumbered 946.92 (2) (a) to
4(f), and 946.92 (2) (a), (c), (d), (e) and (f), as renumbered, are amended to read:
SB400,116,85
946.92
(2) (a) No person may misstate or conceal facts in a
food stamp 6supplemental nutrition assistance program application or report of income, assets
, 7or household circumstances with intent to secure or continue to receive
food stamp 8supplemental nutrition assistance program benefits.
SB400,116,129
(c) No person may knowingly issue
food coupons supplemental nutrition
10assistance program benefits to a person who is not an eligible person or knowingly
11issue
food coupons supplemental nutrition assistance program benefits to an eligible
12person in excess of the amount for which the person's household is eligible.
SB400,116,1613
(d) No eligible person may knowingly transfer
food coupons supplemental
14nutrition assistance program benefits except to purchase food from a supplier or
15knowingly obtain or use
food coupons supplemental nutrition assistance program
16benefits for which the person's household is not eligible.
SB400,116,2017
(e) No supplier may knowingly obtain
food coupons
supplemental nutrition
18assistance program benefits except as payment for food or knowingly obtain
food
19coupons supplemental nutrition assistance program benefits from a person who is
20not an eligible person.
SB400,116,2221
(f) No unauthorized person may knowingly obtain, possess, transfer
, or use
food
22coupons supplemental nutrition assistance program benefits.
SB400, s. 275
23Section
275. 49.795 (7) of the statutes is repealed.
SB400, s. 276
24Section
276. 49.795 (8) (a) (intro.) of the statutes is repealed.
SB400, s. 277
1Section
277
. 49.795 (8) (a) 1. of the statutes is renumbered 946.92 (3) (a) 1. and
2amended to read:
SB400,117,63
946.92
(3) (a) 1. If the value of the
food coupons supplemental nutrition
4assistance program benefits does not exceed $100,
a the person
who violates this
5section may be fined not more than $1,000 or imprisoned not more than one year in
6the county jail or both.
SB400, s. 278
7Section
278. 49.795 (8) (a) 2. of the statutes is renumbered 946.92 (3) (a) 2. and
8amended to read:
SB400,117,119
946.92
(3) (a) 2. If the value of the
food coupons supplemental nutrition
10assistance benefits exceeds $100, but is less than $5,000,
a the person
who violates
11this section is guilty of a Class I felony.
SB400, s. 279
12Section
279. 49.795 (8) (b) of the statutes is renumbered 946.92 (3) (b) and
13amended to read:
SB400,117,1514
946.92
(3) (b) For a 2nd or subsequent offense under
this section sub. (2), any
15of the following applies:
SB400,117,1816
1. If the value of the
food coupons supplemental nutrition assistance benefits 17does not exceed $100,
a the person
who violates this section may be fined not more
18than $1,000 or imprisoned not more than one year in the county jail or both.
SB400,117,2119
2. If the value of the
food coupons supplemental nutrition assistance benefits 20exceeds $100, but is less than $5,000,
a the person
who violates this section is guilty
21of a Class H felony.
SB400, s. 280
22Section
280. 49.795 (8) (c) of the statutes is renumbered 946.92 (3) (c) and
23amended to read:
SB400,118,3
1946.92
(3) (c) For any
offense under this section violation of sub.(2), if the value
2of the
food coupons supplemental nutrition assistance benefits is $5,000 or more, a
3person who violates this section is guilty of a Class G felony.
SB400, s. 281
4Section
281. 49.795 (8) (d) 1. of the statutes is renumbered 946.92 (3) (d) 1.,
5and 946.92 (3) (d) 1. (intro.), a. and b., as renumbered, are amended to read:
SB400,118,96
946.92
(3) (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 sub. (2) from
8participation in the
food stamp supplemental nutrition assistance program as
9follows:
SB400,118,1110
a. For a first offense under this section,
not less than one year
. The court may
11extend the suspension by and not more than
18 months 2.5 years.
SB400,118,1312
b. For a 2nd offense under this section,
not less than 2 years
. The court may
13extend the suspension by and not more than
18 months 3.5 years.
SB400, s. 282
14Section
282
. 49.795 (8) (d) 1m. of the statutes is renumbered 946.92 (3) (d) 1m.
15and amended to read:
SB400,118,2016
946.92
(3) (d) 1m. In addition to the penalties applicable under par. (a), (b)
, or
17(c), a court shall permanently suspend from the
food stamp supplemental nutrition
18assistance program a person who has been convicted of an offense under
7 USC 2024 19(b) or (c) involving an item covered by
7 USC 2024 (b) or (c) having a value of $500
20or more.