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271. 49.795 (1) (c) of the statutes is repealed.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.
SB400,119,223
49.796
(2) The A person may apply to the multicounty consortium or
the
24federally recognized American Indian tribal governing body or, if the person is a
25supplier, to the federal department of agriculture for reinstatement
of benefits
1following
the a period of suspension
imposed under s. 946.92, if the suspension is not
2permanent.
SB400, s. 284
3Section
284
. 49.795 (8) (e) and (f) of the statutes are renumbered 946.92 (3)
4(e) and (f), and 946.92 (3) (e) 1. (intro.) and 2. and (f), as renumbered, are amended
5to read:
SB400,119,106
946.92
(3) (e) 1. (intro.) If a court finds that a person
traded violated sub. (2)
7by trading a controlled substance, as defined in s. 961.01 (4), for
food coupons 8supplemental nutrition assistance program benefits, the court shall suspend the
9person from participation in the
food stamp supplemental nutrition assistance 10program as follows:
SB400,119,1411
2. If a court finds that a person
traded violated sub. (2) by trading firearms,
12ammunition
, or explosives for
food coupons supplemental nutrition assistance
13program benefits, the court shall suspend the person permanently from
14participation in the
food stamp supplemental nutrition assistance program.
SB400,119,2015
(f) Notwithstanding par. (d), in addition to the penalties applicable under par.
16(a), (b)
, or (c), the court shall suspend from the
food stamp supplemental nutrition
17assistance program for a period of 10 years a person who
violates sub. (2) by 18fraudulently
misstates misstating or
misrepresents misrepresenting his or her
19identity or place of residence for the purpose of receiving multiple benefits
20simultaneously 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
21Section
285. 49.796 (title) of the statutes is created to read:
SB400,119,22
2249.796 (title)
Supplemental nutrition assistance reinstatement.
SB400, s. 286
23Section
286. 49.796 (1) of the statutes is created to read:
SB400,120,1
149.796
(1) In this section:
SB400,120,32
(a) "Food" means an item that may be purchased using supplemental nutrition
3assistance program benefits under
7 USC 2012 (g) and
2016 (b).
SB400,120,74
(b) "Supplier" means a retail grocery store or other person authorized by the
5federal department of agriculture to accept supplemental nutrition assistance
6program benefits in exchange for food under the supplemental nutrition assistance
7program.
SB400, s. 287
8Section
287. 49.797 (1) of the statutes is repealed.
SB400, s. 288
9Section
288. 49.797 (2) (title) of the statutes is amended to read:
SB400,120,1110
49.797
(2) (title)
Delivery of food stamps supplemental nutrition assistance
11program benefits.
SB400, s. 289
12Section
289. 49.797 (2) (a) of the statutes is renumbered 49.797 (2) and
13amended to read:
SB400,120,2214
49.797
(2) Notwithstanding s. 46.028 and except as provided in par. (b) and sub.
15(8), the The department shall administer a statewide program to deliver
food stamp 16supplemental nutrition assistance program benefits to recipients
of food stamp
17benefits by an electronic benefit transfer system. All suppliers, as defined in s.
1849.795 49.796 (1)
(d) (b), may participate in the delivery of
food stamp supplemental
19nutrition assistance program benefits under the electronic benefit transfer system.
20The department shall explore methods by which nontraditional retailers, such as
21farmers' markets, may participate in the delivery of
food stamp supplemental
22nutrition assistance program benefits under the electronic benefit transfer system.
SB400, s. 290
23Section
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.
Note: Repeals subsection to reflect change in federal law requiring distribution of
benefits by electronic benefit transfer.
SB400, s. 292
3Section
292. 49.81 of the statutes is renumbered 49.005.
SB400, s. 293
4Section
293. Subchapter VI (title) of chapter 49 [precedes 49.8105] of the
5statutes is repealed and recreated to read:
SB400,121,77
Subchapter VI
SB400,121,98
children and families; child
9
support
SB400, s. 294
10Section
294. 49.8105 of the statutes is created to read:
SB400,121,11
1149.8105 Definitions. In this subchapter:
SB400,121,12
12(1) "Department" means the department of children and families.
SB400,121,13
13(2) "Secretary" means the secretary of children and families.
SB400, s. 295
14Section
295. 49.82 of the statutes is renumbered 49.007.
SB400, s. 296
15Section
296. 49.825 (title), (1), (2) (title) and (a) to (c), (3) (title), (b) and (c) and
16(4) (a) to (d) of the statutes are renumbered 49.009 (title), (1), (2) (title) and (a) to (c),
17(3) (title), (b) and (c) and (4) (a) to (d), and 49.009 (1) (c), as renumbered, is amended
18to read:
SB400,121,2019
49.009
(1) (c) "Income maintenance program" has the meaning given in s.
49.78 2049.003 (1) (b).
SB400, s. 297
21Section
297. 49.825 (2) (d), (3) (a) and (4) (intro.) of the statutes, as affected
22by
2011 Wisconsin Act 32, are renumbered 49.009 (2) (d), (3) (a) and (4) (intro.).
SB400, s. 300
5Section
300. 49.83 of the statutes is renumbered 49.013 and amended to read:
SB400,122,17
649.013 Limitation on giving information. Except as provided under ss.
749.25 and 49.32 49.06 (9), (10), and (10m)
and 49.823, no person may use or disclose
8information concerning applicants and recipients of relief funded by a relief block
9grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to
1049.161, social services, child and spousal support and establishment of paternity and
11medical support liability services under s.
49.22
49.811, or supplemental payments
12under s. 49.77 for any purpose not connected with the administration of the
13programs, except that the department of children and families may disclose such
14information to the department of revenue for the sole purpose of administering state
15taxes. Any person violating this section may be fined not less than $25 nor more than
16$500 or imprisoned in the county jail not less than 10 days nor more than one year
17or both.
SB400, s. 301
18Section
301. 49.84 (1), (2), (3), (4), (5) and (6) (b) to (d) of the statutes are
19renumbered 49.017 (1g), (2), (3), (4), (5) and (6) (b) to (d), and 49.017 (2), (3), (5) and
20(6) (c) 1. d., as renumbered, are amended to read:
SB400,123,221
49.017
(2) At the time of application, the agency administering the public
22assistance program shall apply to the department
of health services for a certified
23copy of a birth certificate for the applicant if the applicant is required to provide a
24birth certificate or social security number as part of the application and for any
25person in the applicant's household who is required to provide a birth certificate or
1social security number. The department
of health services shall provide without
2charge any copy for which application is made under this subsection.
SB400,123,6
3(3) Notwithstanding subs.
(1) (1g) and (2), personal identification
4documentation requirements may be waived for 10 days for an applicant for relief
5funded by a relief block grant, if the applicant agrees to cooperate with the relief
6agency by providing information necessary to obtain proper identification.
SB400,123,13
7(5) A person applying for Wisconsin
works Works under ss. 49.141 to 49.161,
8aid to families with dependent children under s. 49.19,
medical assistance Medical
9Assistance under subch. IV
, or
food stamp supplemental nutrition assistance 10program benefits under
7 USC 2011 to
2029 2036 shall, as a condition of eligibility,
11provide a declaration and other verification of citizenship or satisfactory
12immigration status as required by the department
that administers the program the
13person is applying for, by rule
, or as required in
42 USC 1320b-7 (d).
SB400,123,16
14(6) (c) 1. d. A child who is receiving medical assistance under s. 49.46
(1) (1g) 15(a) 13., 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving
16prenatal care under s. 49.471.
SB400, s. 302
17Section
302. 49.84 (6) (a) of the statutes is repealed.
SB400, s. 303
18Section
303. 49.845 of the statutes is renumbered 49.019, and 49.019 (1) and
19(2), as renumbered, are amended to read:
SB400,124,1320
49.019
(1) Fraud investigation. From the appropriations under s. 20.435 (4)
21(bn), (kz), (L), and (nn), the department of health services shall establish a program
22to investigate suspected fraudulent activity on the part of recipients of medical
23assistance under subch. IV,
food stamp benefits under the
food stamp supplemental
24nutrition assistance program under
7 USC 2011 to
2036, supplemental security
25income payments under s. 49.77, payments for the support of children of
1supplemental security income recipients under s. 49.775, and health care benefits
2under the Badger Care health care program under s. 49.665 and, if the department
3of children and families contracts with the department of health services under sub.
4(4), on the part of recipients of aid to families with dependent children under s. 49.19
5and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The
6activities of the department of health services under this subsection may include
7comparisons of information provided to the department by an applicant and
8information provided by the applicant to other federal, state, and local agencies,
9development of an advisory welfare investigation prosecution standard, and
10provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to
11Wisconsin Works agencies to encourage activities to detect fraud. The department
12of health services shall cooperate with district attorneys regarding fraud
13prosecutions.
SB400,124,22
14(2) State error reduction activities. The department of health services shall
15conduct activities to reduce payment errors in the Medical Assistance program under
16subch. IV, the
food stamp supplemental nutrition assistance program under
7 USC
172011 to
2036, the supplemental security income payments program under s. 49.77,
18the program providing payments for the support of children of supplemental security
19income recipients under s. 49.775, and the Badger Care health care program under
20s. 49.665 and, if the department of children and families contracts with the
21department of health services under sub. (4), in Wisconsin Works under ss. 49.141
22to 49.161.
SB400, s. 304
23Section
304. 49.847 (title) and (3) of the statutes are renumbered 49.021 (title)
24and (3).
SB400,125,73
49.021
(1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health
4services, or a county, multicounty consortium, as defined in s.
49.78 49.003 (1) (br),
5or
elected tribal governing body
of a federally recognized American Indian tribe or
6band acting on behalf of the department, may recover benefits incorrectly paid under
7any of the programs administered by the department under this chapter.