SB400: Bill Text

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.

SB400, s. 301 Section 301. 49.84 (1), (2), (3), (4), (5) and (6) (b) to (d) of the statutes are renumbered 49.017 (1g), (2), (3), (4), (5) and (6) (b) to (d), and 49.017 (2), (3), (5) and (6) (c) 1. d., as renumbered, are amended to read:

SB400,123,2 49.017 (2) At the time of application, the agency administering the public assistance program shall apply to the department of health services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health services shall provide without charge any copy for which application is made under this subsection.

SB400,123,6 (3) Notwithstanding subs. (1) (1g) and (2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.

SB400,123,13 (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 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 that administers the program the person is applying for, by rule, or as required in 42 USC 1320b-7 (d).

SB400,123,16 (6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1) (1g) (a) 13., 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving prenatal care under s. 49.471.

SB400, s. 302 Section 302. 49.84 (6) (a) of the statutes is repealed.

SB400, s. 303 Section 303. 49.845 of the statutes is renumbered 49.019, and 49.019 (1) and (2), as renumbered, are amended to read:

SB400,124,13 49.019 (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 supplemental nutrition assistance 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 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.

SB400,124,22 (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 supplemental nutrition assistance 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 Wisconsin Works under ss. 49.141 to 49.161.

SB400, s. 304 Section 304. 49.847 (title) and (3) of the statutes are renumbered 49.021 (title) and (3).

SB400, s. 305 Section 305. 49.847 (1) and (2) of the statutes, as affected by 2011 Wisconsin Act 32, are renumbered 49.021 (1) and (2) and amended to read:

SB400,125,7 49.021 (1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health services, or a county, multicounty consortium, as defined in s. 49.78 49.003 (1) (br), or elected tribal 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.

SB400,125,13 (2) The department, county, multicounty consortium, as defined in s. 49.78 49.003 (1) (br), or elected tribal 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 department may by rule specify other methods for recovering incorrectly paid benefits.

SB400, s. 306 Section 306. 49.85 of the statutes is renumbered 49.023, and 49.023 (1), (2) (a) (intro.) and (3) (a) 1., as renumbered, are amended to read:

SB400,126,2 49.023 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a tribal governing body of a federally recognized American Indian tribe or band determines that the department of health services may recover an amount under s. 49.021, 49.497, or 49.793, or 49.847, or that the department of children and families may recover an amount under s. 49.161 or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or tribal governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of children and families may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of children and families of the determination.

SB400,126,9 (2) (a) (intro.) At least annually, the department of health services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health services, the department of health services has determined that it may recover under s. 49.021, 49.45 (2) (a) 10., 49.497, or 49.793, or 49.847, except that the department of health services may not certify an amount under this subsection unless all of the following apply:

SB400,126,13 (3) (a) 1. Inform the person that the department of health services intends to certify to the department of revenue an amount that the department of health services has determined to be due under s. 49.021, 49.45 (2) (a) 10., 49.497, or 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

SB400, s. 307 Section 307. 49.852 (1c) of the statutes is repealed.

SB400, s. 308 Section 308. 49.853 (1) (b) of the statutes is repealed.

SB400, s. 309 Section 309. 49.853 (4) (d) of the statutes is amended to read:

SB400,126,24 49.853 (4) (d) A financial institution participating in the state matching option under this subsection, and the employees, agents, officers, and directors of the financial institution, may use any information that is provided by the department in requesting additional information under par. (b) only for the purpose of administering s. 49.22 49.811 or for the purpose of providing the additional information. Any person who violates this paragraph may be fined not less than $25 nor more than $500 or imprisoned in the county jail for not less than 10 days nor more than one year or both.

SB400, s. 310 Section 310. 49.854 (1) (a) of the statutes is repealed.

SB400, s. 311 Section 311. 49.855 (6) of the statutes is amended to read:

SB400,127,5 49.855 (6) If the state implements the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 49.811 and 59.53 (5), the state may act under this section in place of the county child support agency under s. 59.53 (5).

SB400, s. 312 Section 312. 49.856 (1) (b) of the statutes is repealed.

SB400, s. 313 Section 313. 49.857 (1) (cf) of the statutes is repealed.

SB400, s. 314 Section 314. 49.857 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,127,16 49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of children and families under sub. (2) (b) and shall cooperate with the department of children and families in its administration of s. 49.22 49.811. The department of safety and professional services shall enter into a memorandum of understanding with the department of children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.

SB400, s. 315 Section 315. 49.858 (1) (intro.) and (b) of the statutes are consolidated, renumbered 49.858 (1) and amended to read:

SB400,127,20 49.858 (1) Definition. In this section : (b) "Support, "support" has the meaning given in s. 49.857 (1) (g).

SB400, s. 316 Section 316. 49.858 (1) (a) of the statutes is repealed.

SB400, s. 317 Section 317. 49.86 of the statutes is renumbered 49.035.

SB400, s. 318 Section 318. 49.89 of the statutes is renumbered 49.037.

SB400, s. 319 Section 319. 49.90 of the statutes is renumbered 49.039.

SB400, s. 320 Section 320. 49.95 of the statutes is repealed.

SB400, s. 321 Section 321. 49.96 of the statutes is renumbered 49.043 and amended to read: