2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO ASSEMBLY BILL 200
November 3, 2015 - Offered by Representative Jorgensen.
1An Act to create
13.94 (1) (n), 13.94 (1s) (c) 9. and 49.79 (11) of the statutes; 2relating to: limiting the number of replacement cards under FoodShare.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.94 (1) (n) of the statutes is created to read:
(n) Annually conduct a financial audit of the procedures performed 5
by the department of health services under s. 49.79 (11) and file a copy of each audit 6
report under this paragraph with the distributees specified in par. (b).
13.94 (1s) (c) 9. of the statutes is created to read:
(c) 9. The department of health services for the cost of an audit 9
performed under sub. (1) (n).
49.79 (11) of the statutes is created to read:
49.79 (11) Limits on replacement cards.
(a) In this subsection:
1. "Elderly or disabled member" has the meaning given in 7 USC 2012
2. "Homeless individual" has the meaning given in 7 USC 2012
3. "Household" has the meaning given in 7 USC 2012
4. "Recipient" means a household that is eligible for and receiving benefits 5
under the food stamp program.
(b) 1. Subject to pars. (c) and (d), the department shall limit the number of 7
replacement benefit cards that it issues in a 12-month period to a recipient to 4 8
2. If a recipient requests a 4th replacement benefit card in a 12-month period, 10
the department shall issue the card and provide the recipient the notice under subd. 11
3. The notice that the department must provide a food stamp program recipient 13
who requests a 4th replacement benefit card in a 12-month period shall inform the 14
recipient of all of the following:
a. That the recipient has reached the threshold for the number of replacement 16
cards that is determined to be excessive in a 12-month period.
b. That, if the recipient requests another replacement card in the same 18
12-month period, the recipient's benefit account may be referred to the office of the 19
inspector general for review for possible misuse in connection with the recipient's 20
c. Any other information required by the department.
(c) 1. If a recipient requests a 5th replacement benefit card in a 12-month 23
period, the department shall issue the card, provide the recipient the notice under 24
subd. 2., and refer the recipient's benefit account to the office of the inspector general 25
for review for possible misuse in connection with the recipient's benefit card.
2. Except as provided in par. (d) 2., the notice that the department each time 2
must provide a recipient who requests 5 or more replacement benefit cards in a 3
12-month period shall inform the recipient of all of the following:
a. That the recipient has exceeded the threshold for the number of replacement 5
benefit cards that is determined to be excessive in a 12-month period and that, as 6
a result, the recipient's benefit account is being reviewed by the office of the inspector 7
general for possible misuse in connection with the recipient's benefit card.
b. That, if the recipient requests any more replacement benefit cards in the 9
same 12-month period, the recipient will be required to contact the department to 10
provide an explanation for the need for the replacement card.
c. How to contact the department to comply with the requirement under subd. 12
d. Any other information required by the department.
(d) 1. Except as provided in subd. 2., if a recipient requests more than 5 15
replacement benefit cards in a 12-month period, all of the following apply to each 16
a. The department shall provide the recipient the notice under par. (c) 2.
b. The recipient must contact the department to provide an explanation for the 19
need for the replacement card.
c. If the recipient does not contact the department as required under subd. 1. 21
b., the department shall not issue a replacement card and shall conduct an 22
d. If the recipient contacts the department but refuses to provide an 24
explanation for the need for the replacement card, or provides an explanation that
appears to indicate trafficking benefits, the department shall conduct an 2
e. If the recipient contacts the department, regardless of whether the recipient 4
provides an explanation for the need for the replacement card, the department shall 5
issue the replacement card so that the recipient has access to benefits during any 6
investigation and while the recipient is awaiting a hearing, if any.
2. If a recipient requests a replacement benefit card after the recipient has 8
already requested 5 or more replacement benefit cards in the same 12-month period, 9
the department provides the recipient the notice under par. (c) 2., and the recipient 10
contacts the department and provides an appropriate explanation for the need for 11
the replacement card, the department shall educate the recipient on the proper use 12
of the benefit card and shall not require the recipient to contact the department upon 13
any subsequent requests for replacement cards unless the pattern of card activity 14
has changed since the recipient contacted the department and indicates possible 15
(dm) Whenever the department provides notice to a recipient under this 17
subsection, the department shall provide the notice by at least 2 different methods, 18
such as by mail, telephone, or electronic mail, to ensure that the recipient receives 19
notice in a manner that is understandable to the recipient.
(e) If a food stamp program caseworker suspects that a recipient or another 21
person may be committing fraud in connection with a request for a replacement card, 22
the caseworker shall report that suspicion to the department.
(f) The department shall not count temporary benefit cards or temporary 24
replacement benefit cards when determining the number of replacement benefit 25
cards requested by or issued to a recipient in a 12-month period.
(g) In all cases, the department shall act to protect households that contain 2
homeless individuals, elderly or disabled members, victims of crime, or other 3
vulnerable persons who may lose benefit cards but who are not committing fraud.
(h) The department shall discontinue the procedures under this subsection if 5
the department determines, or an audit under s. 13.94 (1) (n) shows, that the costs 6
of performing the procedures exceed the savings realized by the procedures.