SB400: Bill Text

SB400,107,14 (m) Notwithstanding s. 49.66 (2), "secretary" means the secretary of the U.S. department of health and human services or the secretary of any other federal agency subsequently charged with the administration of federal Title XVI.

SB400, s. 249 Section 249. 49.77 (1) (b) of the statutes is created to read:

SB400,107,16 49.77 (1) (b) "Essential person" has the meaning given in s. 49.46 (1c).

SB400, s. 250 Section 250. 49.78 (title) of the statutes is renumbered 49.003 (title).

SB400, s. 251 Section 251. 49.78 (1) (intro.) and (b) of the statutes are renumbered 49.003 (1) (intro.) and (b).

SB400, s. 252 Section 252. 49.78 (1) (br), (1m), (1r), (2) (b), (2m) and (2r) of the statutes, as created by 2011 Wisconsin Act 32, are renumbered 49.003 (1) (br), (1m), (1r), (2) (b), (2m) and (2r).

SB400, s. 253 Section 253. 49.78 (1) (cr) of the statutes is repealed.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 Section 254. 49.78 (2) (title) and (a), (10) and (11) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.003 (2) (title) and (a), (10) and (11).

SB400, s. 255 Section 255. 49.78 (4) to (7) of the statutes are renumbered 49.003 (4) to (7).

SB400, s. 256 Section 256. 49.78 (8) (title) and (b) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.003 (8) (title) and (b).

SB400, s. 257 Section 257. 49.78 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.003 (8) (a) and amended to read:

SB400,108,21 49.003 (8) (a) From the appropriations under s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department shall provide funding to reimburse each multicounty consortium that contracts with the department under sub. (2) and each tribal governing body that contracts with the department under sub. (2m) for the costs of administering the income maintenance programs, including conducting fraud prevention activities, in accordance with the terms of the applicable contract. The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county, multicounty consortium, or tribal governing body for fraud and error reduction under s. 49.019 or 49.197 or 49.845.

SB400, s. 258 Section 258. 49.785 (1) (intro.) of the statutes is amended to read:

SB400,109,8 49.785 (1) (intro.) Except as provided in sub. (1m) and subject to s. 49.825 49.009, if any recipient specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

SB400, s. 259 Section 259. 49.79 (title) of the statutes is amended to read:

SB400,109,11 49.79 (title) Food stamp Supplemental nutrition assistance program administration.

SB400, s. 260 Section 260. 49.79 (1) (intro.) of the statutes is amended to read:

SB400,109,14 49.79 (1) Definitions. (intro.) In this section and ss. 49.793, 49.796, and 49.797:

SB400, s. 261 Section 261. 49.79 (1) (c) of the statutes is renumbered 49.79 (1) (fg) and amended to read:

SB400,109,19 49.79 (1) (fg) "Food stamp Supplemental nutrition assistance program" means the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036.

SB400, s. 262 Section 262. 49.79 (1) (e) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB400,109,23 49.79 (1) (e) "Multicounty consortium" has the meaning given in s. 49.78 49.003 (1) (br).

SB400, s. 263 Section 263. 49.79 (2), (5) (a), (6), (7), (8m) (a) and (b) and (9) (a) 2., 3. and 4. of the statutes are amended to read:

SB400,110,4 49.79 (2) Denial of eligibility. An individual who fails to comply with the work requirements of the employment and training program under sub. (9) is ineligible to participate in the food stamp supplemental nutrition assistance program as specified under sub. (9) (b).

SB400,110,20 (5) (a) The department shall require an applicant for, or recipient under, the food stamp supplemental nutrition assistance 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 supplemental nutrition assistance 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.

SB400,110,24 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp supplemental nutrition assistance 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.

SB400,111,8 (7) Simplified food stamp supplemental nutrition assistance program. The department shall develop a simplified food stamp supplemental nutrition assistance program that meets all of the requirements under P.L. 104-193, section 854 42 USC 2035, 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.

SB400,111,12 (8m) (a) The department shall allow a prisoner who is applying for the food stamp supplemental nutrition assistance program from a correctional institution in anticipation of being released from the institution to use the address of the correctional institution as his or her address on the application.

SB400,111,17 (b) The department shall allow an employee of a correctional institution who has been authorized by a prisoner of the institution to act on his or her behalf in matters related to the food stamp supplemental nutrition assistance program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp supplemental nutrition assistance program.

SB400,111,21 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp supplemental nutrition assistance program and who is the caretaker of a child under the age of 12 weeks to participate in any employment and training program under this subsection.

SB400,112,2 3. The department may not require an individual who is a recipient under the food stamp supplemental nutrition assistance program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 49.198 (1) (a) 2., a training program, or an institution of higher education.

SB400,112,6 4. The amount of food stamp supplemental nutrition assistance program benefits paid to a recipient who is a participant in a Wisconsin works Works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

SB400, s. 264 Section 264. 49.79 (3) (title) of the statutes is amended to read:

SB400,112,8 49.79 (3) (title) Liability for lost food coupons misappropriated benefits .

SB400, s. 265 Section 265. 49.79 (3) (a) and (c), (4), (8) and (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, are amended to read:

SB400,112,15 49.79 (3) (a) A county, multicounty consortium, or federally recognized American Indian tribe tribal governing body is liable for all food stamp coupons lost, supplemental nutrition assistance program benefits misappropriated, or destroyed while under the county's, consortium's, or tribe's direct control, except as provided in par. (b).

SB400,112,21 (c) A county, multicounty consortium, or federally recognized American Indian tribe tribal governing body is liable for food stamp coupons mailed supplemental nutrition assistance program benefits incorrectly transferred to residents of the county or counties that are in the multicounty consortium or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.

Note: Strikes language no longer applicable under the system of electronic benefit transfers.

SB400,113,5 (4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp supplemental nutrition assistance program benefits losses for which a county, multicounty consortium, or federally recognized American Indian tribe tribal governing body is liable under sub. (3) from the payment to the county, multicounty consortium, or tribe under income maintenance contracts under s. 49.78 49.003 and reimburse the federal government from the funds withheld.

SB400,113,9 (8) Benefits for qualified aliens. The department shall not provide benefits under this section to a qualified alien, except to the extent that federal food stamp supplemental nutrition assistance program benefits for qualified aliens are required by the federal government.

SB400,113,20 (9) (a) 1. The department shall administer an employment and training program for recipients under the food stamp supplemental nutrition assistance program and may contract with county departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department, multicounty consortium, or tribal governing body may subcontract, with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

SB400, s. 266 Section 266. 49.79 (3) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: Eliminates language no longer applicable under the system of electronic benefit transfers.

SB400, s. 267 Section 267. 49.793 (title) of the statutes is amended to read:

SB400,114,2 49.793 (title) Recovery of food stamps supplemental nutrition assistance overpayments.

SB400, s. 268 Section 268. 49.793 (1) and (2) (a) of the statutes, as affected by 2011 Wisconsin Act 32, are amended to read:

SB400,114,11 49.793 (1) The department or a county, a multicounty consortium, as defined in s. 49.78 (1) (br), or an elected tribal 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 benefits under the food stamp supplemental nutrition assistance program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall the be made in accordance with 7 USC 2022.

SB400,114,20 (2) (a) Except as provided in par. (b), a county, a multicounty consortium, as defined in s. 49.78 (1) (br), or a tribal 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 that is recovered under sub. (1) due to the efforts of an employee or officer of the county, multicounty consortium, or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county, multicounty consortium, or governing body may retain. This paragraph does not apply to recovery of an overpayment that was made as a result of state, county, multicounty consortium, or tribal governing body error.

SB400, s. 269 Section 269. 49.795 (title) and (1) (intro.) of the statutes are renumbered 946.92 (title) and (1) (intro.).

SB400, s. 270 Section 270 . 49.795 (1) (a), (b), (d) and (e) (intro.), 3., 4. and 5. of the statutes are renumbered 946.92 (1) (d), (dm), (fm) and (fr) (intro.) 3., 4. and 5., and 946.92 (1) (d), (dm), (fm) and (fr) 5., as renumbered, are amended to read:

SB400,115,3 946.92 (1) (d) "Eligible person" means a member of a household certified as eligible for the food stamp supplemental nutrition assistance program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).

SB400,115,6 (dm) "Food" means items which that may be purchased using food coupons supplemental nutrition assistance program benefits under 7 USC 2012 (g) and 2016 (b).

Note: Strikes a citation to a federal statute that does not relate to the subject matter.

SB400,115,10 (fm) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons supplemental nutrition assistance program benefits in exchange for food under the food stamp supplemental nutrition assistance program.

SB400,115,12 (fr) 5. A person authorized to redeem food coupons supplemental nutrition assistance program benefits under 7 USC 2019.

SB400, s. 271 Section 271. 49.795 (1) (c) of the statutes is repealed.

Note: Repeals a definition for "food stamp program".

SB400, s. 272 Section 272. 49.795 (1) (cm) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB400, s. 273 Section 273. 49.795 (1) (e) 1. and 2. of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 946.92 (1) (fr) 1. and 2. and amended to read:

SB400,115,21 946.92 (1) (fr) 1. An employee or officer of the federal government, the state, a county, a multicounty consortium, or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp supplemental nutrition assistance program.

SB400,116,2 2. A person acting in the course of duties under a contract with the federal government, the state, a county, a multicounty consortium, or a federally recognized American Indian tribe in connection with the food stamp supplemental nutrition assistance program.

SB400, s. 274 Section 274 . 49.795 (2) to (6) of the statutes are renumbered 946.92 (2) (a) to (f), and 946.92 (2) (a), (c), (d), (e) and (f), as renumbered, are amended to read:

SB400,116,8 946.92 (2) (a) No person may misstate or conceal facts in a food stamp supplemental nutrition assistance program application or report of income, assets, or household circumstances with intent to secure or continue to receive food stamp supplemental nutrition assistance program benefits.

SB400,116,12 (c) 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.

SB400,116,16 (d) 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.

SB400,116,20 (e) 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.

SB400,116,22 (f) No unauthorized person may knowingly obtain, possess, transfer , or use food coupons supplemental nutrition assistance program benefits.

SB400, s. 275 Section 275. 49.795 (7) of the statutes is repealed.

SB400, s. 276 Section 276. 49.795 (8) (a) (intro.) of the statutes is repealed.

SB400, s. 277 Section 277 . 49.795 (8) (a) 1. of the statutes is renumbered 946.92 (3) (a) 1. and amended to read:

SB400,117,6 946.92 (3) (a) 1. If the value of the food coupons supplemental nutrition assistance program benefits does not exceed $100, a the 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.

SB400, s. 278 Section 278. 49.795 (8) (a) 2. of the statutes is renumbered 946.92 (3) (a) 2. and amended to read:

SB400,117,11 946.92 (3) (a) 2. If the value of the food coupons supplemental nutrition assistance benefits exceeds $100, but is less than $5,000, a the person who violates this section is guilty of a Class I felony.

SB400, s. 279 Section 279. 49.795 (8) (b) of the statutes is renumbered 946.92 (3) (b) and amended to read:

SB400,117,15 946.92 (3) (b) For a 2nd or subsequent offense under this section sub. (2), any of the following applies:

SB400,117,18 1. If the value of the food coupons supplemental nutrition assistance benefits does not exceed $100, a the 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.

SB400,117,21 2. If the value of the food coupons supplemental nutrition assistance benefits exceeds $100, but is less than $5,000, a the person who violates this section is guilty of a Class H felony.

SB400, s. 280 Section 280. 49.795 (8) (c) of the statutes is renumbered 946.92 (3) (c) and amended to read:

SB400,118,3 946.92 (3) (c) For any offense under this section violation of sub.(2), if the value of the food coupons supplemental nutrition assistance benefits is $5,000 or more, a person who violates this section is guilty of a Class G felony.

SB400, s. 281 Section 281. 49.795 (8) (d) 1. of the statutes is renumbered 946.92 (3) (d) 1., and 946.92 (3) (d) 1. (intro.), a. and b., as renumbered, are amended to read:

SB400,118,9 946.92 (3) (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 sub. (2) from participation in the food stamp supplemental nutrition assistance program as follows:

SB400,118,11 a. For a first offense under this section, not less than one year. The court may extend the suspension by and not more than 18 months 2.5 years.

SB400,118,13 b. For a 2nd offense under this section, not less than 2 years. The court may extend the suspension by and not more than 18 months 3.5 years.

SB400, s. 282 Section 282 . 49.795 (8) (d) 1m. of the statutes is renumbered 946.92 (3) (d) 1m. and amended to read:

SB400,118,20 946.92 (3) (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.

SB400, s. 283 Section 283. 49.795 (8) (d) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.796 (2) and amended to read:

SB400,119,2 49.796 (2) The A person may apply to the multicounty consortium or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement of benefits following the a period of suspension imposed under s. 946.92, if the suspension is not permanent.

SB400, s. 284 Section 284 . 49.795 (8) (e) and (f) of the statutes are renumbered 946.92 (3) (e) and (f), and 946.92 (3) (e) 1. (intro.) and 2. and (f), as renumbered, are amended to read: