SB59-SSA1,434,1916 253.06 (1) (br) “Cardholder” means a participant; alternate participant;
17parent, legal guardian, or caretaker of a participant; or another person in possession
18of a Women, Infants, and Children program electronic benefit transfer card and the
19personal identification number for the card.
SB59-SSA1,1900 20Section 1900 . 253.06 (1) (c) of the statutes is repealed.
SB59-SSA1,1901 21Section 1901 . 253.06 (1) (cm) of the statutes is amended to read:
SB59-SSA1,434,2422 253.06 (1) (cm) “Food Direct distribution center" means an entity, other than
23a vendor, that is under contract with the department under sub. (3m) to distribute
24authorized approved food to participants.
SB59-SSA1,1902
1Section 1902. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to
2read:
SB59-SSA1,435,53 253.06 (1) (cp) “Electronic benefit transfer” means a method that permits
4electronic access to Women, Infants, and Children program benefits using a device,
5approved by the department, with payments made in accordance with ch. 410.
SB59-SSA1,435,96 (cr) “Food instrument” means a voucher, check, electronic benefit transfer card,
7electronic benefit transfer card number and personal identification number, coupon,
8or other method used by a participant to obtain Women, Infants, and Children
9program approved foods.
SB59-SSA1,435,1110 (ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or
11manufacturer of infant formula.
SB59-SSA1,435,1512 (cv) “Local agency” means an entity that has a contract with the department
13to provide services under the Women, Infants, and Children program such as
14eligibility determination, benefit issuance, and nutritional counseling for
15participants.
SB59-SSA1,1903 16Section 1903 . 253.06 (1) (dm) of the statutes is repealed.
SB59-SSA1,1904 17Section 1904 . 253.06 (1) (dr) and (dv) of the statutes are created to read:
SB59-SSA1,435,2018 253.06 (1) (dr) “Summary suspension” means an emergency action taken by the
19department to suspend an authorization under the Women, Infants, and Children
20program.
SB59-SSA1,435,2121 (dv) “Trafficking” means doing any of the following:
SB59-SSA1,435,2422 1. Buying, selling, stealing, or otherwise exchanging for cash or consideration
23other than approved food Women, Infants, and Children program food instruments
24or benefits that are issued and accessed via a food instrument.
SB59-SSA1,436,2
12. Exchanging firearms, ammunition, explosives, or controlled substances, as
2defined in 21 USC 802, for a food instrument.
SB59-SSA1,436,43 3. Intentionally purchasing and reselling for cash or consideration other than
4approved food a product that is purchased with a food instrument.
SB59-SSA1,436,65 4. Intentionally purchasing with cash or consideration other than approved
6food a product that was originally purchased with a food instrument.
SB59-SSA1,1905 7Section 1905 . 253.06 (1) (e) of the statutes is amended to read:
SB59-SSA1,436,108 253.06 (1) (e) “Vendor" means a grocery store or pharmacy that sells authorized
9person that operates one or more stores or pharmacies authorized by the department
10under sub. (3) to provide approved foods under a retail
food delivery system.
SB59-SSA1,1906 11Section 1906 . 253.06 (1) (f) of the statutes is repealed.
SB59-SSA1,1907 12Section 1907 . 253.06 (1) (g) of the statutes is created to read:
SB59-SSA1,436,1513 253.06 (1) (g) “Women, Infants, and Children program” means the federal
14special supplemental nutrition program for women, infants and children under 42
15USC 1786
and this section.
SB59-SSA1,1908 16Section 1908 . 253.06 (1m) of the statutes is created to read:
SB59-SSA1,436,1917 253.06 (1m) Program administration. (a) The department may identify an
18alternate participant as the Women, Infants, and Children program cardholder for
19purposes of electronic administration of the Women, Infants, and Children program.
SB59-SSA1,1909 20Section 1909 . 253.06 (3) (a) (intro.) of the statutes is amended to read:
SB59-SSA1,436,2221 253.06 (3) (a) (intro.) The department may authorize a vendor to accept drafts
22only if the vendor meets all of the following conditions:
SB59-SSA1,1910 23Section 1910 . 253.06 (3) (a) 5. of the statutes is created to read:
SB59-SSA1,437,524 253.06 (3) (a) 5. The vendor has an electronic benefit transfer-capable cash
25register system or payment device, approved by the department, that is able to

1accurately and securely obtain Women, Infants, and Children program food balances
2associated with the electronic benefit transfer card, maintain the necessary
3electronic files such as the approved food list, successfully complete Women, Infants,
4and Children program electronic benefit transfer purchases, and process Women,
5Infants, and Children program electronic benefit transfer payments.
SB59-SSA1,1911 6Section 1911 . 253.06 (3) (bg) of the statutes is amended to read:
SB59-SSA1,437,107 253.06 (3) (bg) The department may limit the number of vendors that it
8authorizes under this subsection if the department determines that the number of
9vendors already authorized under this subsection is sufficient to permit participants
10to obtain authorized approved food conveniently.
SB59-SSA1,1912 11Section 1912 . 253.06 (3) (c) of the statutes is amended to read:
SB59-SSA1,437,1412 253.06 (3) (c) The department may not redeem drafts food instruments only
13when
submitted by a person who is not an authorized vendor under this subsection
14except as provided in sub. (3m).
SB59-SSA1,1913 15Section 1913 . 253.06 (3) (d) of the statutes is created to read:
SB59-SSA1,437,2016 253.06 (3) (d) Each store operated by a business entity is a separate vendor for
17purposes of this section and is required to have a single, fixed location, except when
18the authorization of mobile stores is necessary to meet special needs in accordance
19with 7 CFR 246.4 (1) (14) (xiv). The department shall require that each store be
20authorized as a vendor separately from other stores operated by the business entity.
SB59-SSA1,1914 21Section 1914 . 253.06 (3m) (title) and (a) (intro.) of the statutes are amended
22to read:
SB59-SSA1,438,223 253.06 (3m) (title) Food Direct distribution centers. (a) (intro.) The
24department may contract for an alternative system of authorized approved food

1distribution with an entity other than a vendor only if the entity meets all of the
2following requirements:
SB59-SSA1,1915 3Section 1915 . 253.06 (3m) (a) 4. of the statutes is created to read:
SB59-SSA1,438,104 253.06 (3m) (a) 4. The entity has an electronic benefit transfer-capable cash
5register system or payment device, approved by the department, that is able to
6accurately and securely obtain Women, Infants, and Children program food balances
7associated with the electronic benefit transfer card, maintain the necessary files,
8successfully complete Women, Infants, and Children program electronic benefit
9transfer purchases, and process Women, Infants, and Children program electronic
10benefit transfer payments.
SB59-SSA1,1916 11Section 1916 . 253.06 (3m) (b) of the statutes is amended to read:
SB59-SSA1,438,1412 253.06 (3m) (b) The department shall redeem valid drafts may process a
13payment if
submitted by a food direct distribution center that is authorized by the
14department under this subsection
.
SB59-SSA1,1917 15Section 1917 . 253.06 (4) (a) 1. of the statutes is amended to read:
SB59-SSA1,438,1716 253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a
17request
to the department for redemption without authorization.
SB59-SSA1,1918 18Section 1918 . 253.06 (4) (a) 2. of the statutes is repealed.
SB59-SSA1,1919 19Section 1919 . 253.06 (4) (a) 2m. of the statutes is created to read:
SB59-SSA1,438,2020 253.06 (4) (a) 2m. Engage in trafficking.
SB59-SSA1,1920 21Section 1920 . 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
SB59-SSA1,438,2422 253.06 (4) (a) 3. Accept a draft food instrument other than in exchange for
23authorized approved food that is provided by the person selected by the electronic
24benefit transfer cardholder
.
SB59-SSA1,439,3
13m. Provide authorized approved food or other commodities to a participant
2or proxy
an electronic benefit transfer cardholder in exchange for a draft food
3instrument
accepted by a 3rd party.
SB59-SSA1,439,54 4. Enter on a draft Submit a payment request for a dollar amount that is higher
5than the actual retail price of the item for which the draft a food instrument was used.
SB59-SSA1,1921 6Section 1921 . 253.06 (4) (a) 5. of the statutes is repealed.
SB59-SSA1,1922 7Section 1922 . 253.06 (4) (a) 5m. of the statutes is created to read:
SB59-SSA1,439,98 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic
9benefit transfer cardholder's personal identification number.
SB59-SSA1,1923 10Section 1923 . 253.06 (4) (a) 6. and 8. of the statutes are repealed.
SB59-SSA1,1924 11Section 1924 . 253.06 (4) (a) 9. of the statutes is amended to read:
SB59-SSA1,439,1512 253.06 (4) (a) 9. Submit for redemption a draft Provide to someone other than
13the department a food instrument; a Women, Infants, and Children program
14electronic benefit transfer card; or food purchased with a food instrument for
15something of value
.
SB59-SSA1,1925 16Section 1925 . 253.06 (4) (a) 10. of the statutes is repealed.
SB59-SSA1,1926 17Section 1926 . 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
SB59-SSA1,439,2018 253.06 (5) (a) 1. Minimum qualification standards for the authorization of
19vendors and infant formula suppliers and for the awarding of a contract to an entity
20under sub. (3m).
SB59-SSA1,439,2221 2. Standards of operation for authorized vendors and infant formula suppliers
22and food direct distribution centers, including prohibited practices.
SB59-SSA1,1927 23Section 1927 . 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
SB59-SSA1,439,2524 253.06 (5) (b) 1. Denial of the application to be a participant or authorized
25vendor or infant formula supplier.
SB59-SSA1,440,3
12. Suspension Summary suspension or termination of authorization for an
2authorized vendor or infant formula supplier or, in the case of a food direct
3distribution center, termination of the contract.
SB59-SSA1,440,54 3. Disqualification from the program under this section for a vendor, infant
5formula supplier, or
participant.
SB59-SSA1,1928 6Section 1928 . 253.06 (5) (b) 6. to 8. of the statutes are created to read:
SB59-SSA1,440,77 253.06 (5) (b) 6. Civil monetary penalty.
SB59-SSA1,440,88 7. Warning letter.
SB59-SSA1,440,99 8. Implementation of a corrective action plan.
SB59-SSA1,1929 10Section 1929 . 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:
SB59-SSA1,440,2011 253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided
12for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement
13assessment provided for under par. (c). If the department determines that a
14forfeiture, recoupment or enforcement assessment should be levied, or that
15authorization or eligibility should be summarily suspended or terminated, for a
16particular violation or for failure to correct it, the department shall send a notice of
17assessment, summary suspension or termination to the vendor, food infant formula
18supplier, direct
distribution center or participant. The notice shall inform the
19vendor, food infant formula supplier, direct distribution center or participant of the
20right to a hearing under sub. (6) and shall specify all of the following:
SB59-SSA1,440,2321 6. If applicable, that the suspension or termination of authorization of the
22vendor or eligibility of the participant is
effective beginning on the 15th day after
23receipt
date of the notice of summary suspension or termination.
SB59-SSA1,1930 24Section 1930 . 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
25amended to read:
SB59-SSA1,441,4
1253.06 (5) (e) 1. The suspension or termination of authorization of a vendor,
2infant formula supplier, or direct distribution center
or eligibility of a participant
3shall be effective beginning on the 15th day after receipt of the notice of suspension
4or
termination.
SB59-SSA1,441,13 52. All forfeitures, recoupments, and enforcement assessments shall be paid to
6the department within 15 days after receipt of notice of assessment or, if the
7forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
8within 10 days after receipt of the final decision after exhaustion of administrative
9review, unless the final decision is adverse to the department or unless the final
10decision is appealed and the decision is stayed by court order under sub. (7). The
11department shall remit all forfeitures paid to the secretary of administration for
12deposit in the school fund. The department shall deposit all enforcement
13assessments in the appropriation under s. 20.435 (1) (gr).
SB59-SSA1,1931 14Section 1931 . 253.06 (5) (e) 3. of the statutes is created to read:
SB59-SSA1,441,1715 253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant
16formula supplier, or direct distribution center shall be effective immediately upon
17receipt of the notice under par. (d).
SB59-SSA1,1932 18Section 1932 . 253.06 (6) (b) of the statutes is amended to read:
SB59-SSA1,442,919 253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment
20or enforcement assessment, a denial, suspension or termination of authorization, a
21civil monetary penalty assessed in lieu of disqualification, a summary suspension,

22or a suspension or termination of eligibility by sending a written request for hearing
23under s. 227.44 to the division of hearings and appeals in the department of
24administration within 10 days after the receipt of the notice issued under sub. (3)
25(bm) or (5) (d). The administrator of the division of hearings and appeals may

1designate a hearing examiner to preside over the case and recommend a decision to
2the administrator under s. 227.46. The decision of the administrator of the division
3of hearings and appeals shall be the final administrative decision. The division of
4hearings and appeals shall commence the hearing and issue a final decision within
560 days after receipt of the request for hearing unless all of the parties consent to a
6later date. Proceedings before the division of hearings and appeals are governed by
7ch. 227. In any petition for judicial review of a decision by the division of hearings
8and appeals, the department, if not the petitioner who was in the proceeding before
9the division of hearings and appeals, shall be the named respondent.
SB59-SSA1,1933 10Section 1933 . 253.06 (8) of the statutes is amended to read:
SB59-SSA1,442,1411 253.06 (8) Inspection of premises. The department may visit and inspect each
12authorized vendor and infant formula supplier and each food direct distribution
13center, and for such purpose shall be given unrestricted access to the premises
14described in the authorization or contract.
SB59-SSA1,1934 15Section 1934 . 253.06 (9) and (10) of the statutes are created to read:
SB59-SSA1,442,2016 253.06 (9) Confidentiality of applicant and participant information. (a) Any
17information about an applicant or participant, whether it is obtained from the
18applicant or participant or another source or is generated as a result of application
19for the Women, Infants, and Children program, that identifies the applicant or
20participant or a family member of the applicant or participant is confidential.
SB59-SSA1,443,521 (b) Except as explicitly permitted under this section, the department shall
22restrict the use and disclosure of confidential applicant and participant information
23to any person directly connected with the administration or enforcement of the
24Women, Infants, and Children program that the department determines has a need
25to know the information for Women, Infants, and Children program purposes.

1Persons who may be allowed to access confidential information under this paragraph
2include personnel from the local agencies, persons under contract with the
3department to perform research regarding the Women, Infants, and Children
4program, and persons that are investigating or prosecuting Women, Infants, and
5Children program violations of federal, state, or local law.
SB59-SSA1,443,96 (c) The department or any local agency may use or disclose to public
7organizations confidential applicant and participant information for the
8administration of other programs that serve individuals eligible for the Women,
9Infants, and Children program in accordance with 7 CFR 246.26 (h).
SB59-SSA1,443,1310 (d) Staff of the department and local agencies who are required by state law to
11report known or suspected child abuse or neglect may disclose confidential applicant
12and participant information without the consent of the participant or applicant to
13the extent necessary to comply with the law.
SB59-SSA1,444,214 (e) Except in the case of subpoenas or search warrants, the department and
15local agencies may disclose confidential applicant and participant information to
16individuals or entities not listed in this section only if the affected applicant or
17participant signs a release form authorizing the disclosure and specifying the parties
18to which the information may be disclosed. The department or local agency shall
19allow applicants and participants to refuse to sign the release form and shall notify
20the applicant or participant that signing the form is not a condition of eligibility and
21refusing to sign the form will not affect the applicant's or participant's application
22or participation in the Women, Infants, and Children program. Release forms
23authorizing disclosure to private physicians or other health care providers may be
24included as part of the Women, Infants, and Children program application or
25certification process. All other requests for applicants or participants to sign

1voluntary release forms may occur only after the application and certification
2process is complete.
SB59-SSA1,444,133 (f) The department or local agency shall provide to an applicant or participant
4access to all information he or she has provided to the Women, Infants, and Children
5program. In the case of an applicant or participant who is an infant or child, the
6access may be provided to a parent or guardian of the infant or child, assuming that
7any issues regarding custody or guardianship have been settled. The department or
8local agency is not required to provide the applicant or participant or parent or
9guardian of an infant or child applicant or participant access to any other
10information in the file or record, including documentation of income provided by a
113rd party and staff assessments of an applicant or participant's condition or
12behavior, unless required by law or unless the information supports a state or local
13agency decision being appealed under 7 CFR 246.9.
SB59-SSA1,444,19 14(10) Confidentiality of vendor information. (a) Any information about a
15vendor, whether it is obtained from the vendor or another source, that individually
16identifies the vendor except for the vendor's name, address, telephone number,
17Internet or electronic mail address, store type, and Women, Infants, and Children
18program authorization status is confidential. The department shall restrict the use
19or disclosure of confidential vendor information to any of the following:
SB59-SSA1,444,2520 1. Persons directly connected with the administration or enforcement of the
21Women, Infants, and Children program or the food stamp program under s. 49.79
22that the department determines has a need to know the information for purposes of
23these programs. These persons may include personnel from local agencies and
24persons investigating or prosecuting violations of Women, Infants, and Children
25program or food stamp program federal, state, or local laws.
SB59-SSA1,445,6
12. Persons directly connected with the administration or enforcement of any
2federal or state law or local ordinance. Before releasing information to a state or local
3entity, the department shall enter into a written agreement with the requesting
4party specifying that the information may not be used or redisclosed except for
5purposes directly connected with the administration or enforcement of the federal or
6state law or local ordinance.
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