SB400: Bill Text

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Note: Strikes language no longer applicable under the system of electronic benefit transfers.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

SB400,119,10 946.92 (3) (e) 1. (intro.) If a court finds that a person traded violated sub. (2) by trading 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:

SB400,119,14 2. If a court finds that a person traded violated sub. (2) by trading 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.

SB400,119,20 (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 violates sub. (2) by fraudulently misstates misstating or misrepresents misrepresenting his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp supplemental nutrition assistance program.

Note: Sections 270 , 274, 277 to 282 , and 284, move criminal penalties relating to food share to s. 946.92. Also, see Section 462.

SB400, s. 285 Section 285. 49.796 (title) of the statutes is created to read:

SB400,119,22 49.796 (title) Supplemental nutrition assistance reinstatement.

SB400, s. 286 Section 286. 49.796 (1) of the statutes is created to read:

SB400,120,1 49.796 (1) In this section:

SB400,120,3 (a) "Food" means an item that may be purchased using supplemental nutrition assistance program benefits under 7 USC 2012 (g) and 2016 (b).

SB400,120,7 (b) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept supplemental nutrition assistance program benefits in exchange for food under the supplemental nutrition assistance program.

SB400, s. 287 Section 287. 49.797 (1) of the statutes is repealed.

SB400, s. 288 Section 288. 49.797 (2) (title) of the statutes is amended to read:

SB400,120,11 49.797 (2) (title) Delivery of food stamps supplemental nutrition assistance program benefits.

SB400, s. 289 Section 289. 49.797 (2) (a) of the statutes is renumbered 49.797 (2) and amended to read:

SB400,120,22 49.797 (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 benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 49.796 (1) (d) (b), 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.

SB400, s. 290 Section 290. 49.797 (2) (b) of the statutes is repealed.

Note: Repeals language providing for an exception to the implementation requirement because implementation of an electronic benefit transfer system is not optional under current law.

SB400, s. 291 Section 291. 49.797 (8) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: Repeals subsection to reflect change in federal law requiring distribution of benefits by electronic benefit transfer.

SB400, s. 292 Section 292. 49.81 of the statutes is renumbered 49.005.

SB400, s. 293 Section 293. Subchapter VI (title) of chapter 49 [precedes 49.8105] of the statutes is repealed and recreated to read:

SB400,121,6 Chapter 49

SB400,121,7 Subchapter VI

SB400,121,9 children and families; child support

SB400, s. 294 Section 294. 49.8105 of the statutes is created to read:

SB400,121,11 49.8105 Definitions. In this subchapter:

SB400,121,12 (1) "Department" means the department of children and families.

SB400,121,13 (2) "Secretary" means the secretary of children and families.

SB400, s. 295 Section 295. 49.82 of the statutes is renumbered 49.007.

SB400, s. 296 Section 296. 49.825 (title), (1), (2) (title) and (a) to (c), (3) (title), (b) and (c) and (4) (a) to (d) of the statutes are renumbered 49.009 (title), (1), (2) (title) and (a) to (c), (3) (title), (b) and (c) and (4) (a) to (d), and 49.009 (1) (c), as renumbered, is amended to read:

SB400,121,20 49.009 (1) (c) "Income maintenance program" has the meaning given in s. 49.78 49.003 (1) (b).

SB400, s. 297 Section 297. 49.825 (2) (d), (3) (a) and (4) (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.009 (2) (d), (3) (a) and (4) (intro.).

SB400, s. 298 Section 298. 49.825 (4) (e) and (5) of the statutes, as created by 2011 Wisconsin Act 32, are renumbered 49.009 (4) (e) and (5).

SB400, s. 299 Section 299. 49.826 of the statutes, as affected by 2011 Wisconsin Act 10, is renumbered 49.011.

SB400, s. 300 Section 300. 49.83 of the statutes is renumbered 49.013 and amended to read:

SB400,122,17 49.013 Limitation on giving information. Except as provided under ss. 49.25 and 49.32 49.06 (9), (10), and (10m) and 49.823, 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 49.811, or supplemental payments under s. 49.77 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.