SB59,1912
11Section 1912
. 253.06 (3) (c) of the statutes is amended to read:
SB59,970,1412
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).
SB59,1913
15Section 1913
. 253.06 (3) (d) of the statutes is created to read:
SB59,970,2016
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.
SB59,1914
21Section 1914
. 253.06 (3m) (title) and (a) (intro.) of the statutes are amended
22to read:
SB59,971,223
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:
SB59,1915
3Section 1915
. 253.06 (3m) (a) 4. of the statutes is created to read:
SB59,971,104
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.
SB59,1916
11Section 1916
. 253.06 (3m) (b) of the statutes is amended to read:
SB59,971,1412
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.
SB59,1917
15Section 1917
. 253.06 (4) (a) 1. of the statutes is amended to read:
SB59,971,1716
253.06
(4) (a) 1. Accept
drafts or submit drafts a food instrument or submit a
17request to the department for redemption without authorization.
SB59,1918
18Section
1918. 253.06 (4) (a) 2. of the statutes is repealed.
SB59,1919
19Section
1919. 253.06 (4) (a) 2m. of the statutes is created to read:
SB59,971,2020
253.06
(4) (a) 2m. Engage in trafficking.
SB59,1920
21Section
1920. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
SB59,971,2422
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.
SB59,972,3
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.
SB59,972,54
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.
SB59,1921
6Section 1921
. 253.06 (4) (a) 5. of the statutes is repealed.
SB59,1922
7Section 1922
. 253.06 (4) (a) 5m. of the statutes is created to read:
SB59,972,98
253.06
(4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic
9benefit transfer cardholder's personal identification number.
SB59,1923
10Section 1923
. 253.06 (4) (a) 6. and 8. of the statutes are repealed.
SB59,1924
11Section 1924
. 253.06 (4) (a) 9. of the statutes is amended to read:
SB59,972,1512
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.
SB59,1925
16Section 1925
. 253.06 (4) (a) 10. of the statutes is repealed.
SB59,1926
17Section 1926
. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
SB59,972,2018
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).
SB59,972,2221
2. Standards of operation for authorized vendors
and infant formula suppliers 22and
food direct distribution centers, including prohibited practices.
SB59,1927
23Section 1927
. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
SB59,972,2524
253.06
(5) (b) 1. Denial of the application to be a participant or authorized
25vendor
or infant formula supplier.
SB59,973,3
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.
SB59,973,54
3. Disqualification from the program under this section for a
vendor, infant
5formula supplier, or participant.
SB59,1928
6Section 1928
. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
SB59,973,77
253.06
(5) (b) 6. Civil monetary penalty.
SB59,973,88
7. Warning letter.
SB59,973,99
8. Implementation of a corrective action plan.
SB59,1929
10Section 1929
. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:
SB59,973,2011
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:
SB59,973,2321
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.
SB59,1930
24Section
1930. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
25amended to read:
SB59,974,4
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.
SB59,974,13
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).
SB59,1931
14Section 1931
. 253.06 (5) (e) 3. of the statutes is created to read:
SB59,974,1715
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).
SB59,1932
18Section 1932
. 253.06 (6) (b) of the statutes is amended to read:
SB59,975,919
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.
SB59,1933
10Section 1933
. 253.06 (8) of the statutes is amended to read:
SB59,975,1411
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.
SB59,1934
15Section 1934
. 253.06 (9) and (10) of the statutes are created to read:
SB59,975,2016
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.
SB59,976,521
(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.
SB59,976,96
(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).
SB59,976,1310
(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.
SB59,977,214
(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.
SB59,977,133
(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.
SB59,977,19
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:
SB59,977,2520
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.
SB59,978,6
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.
SB59,978,97
3. A vendor that is subject to an adverse action under sub. (5), including a claim,
8to the extent that the confidential information concerns the vendor that is subject to
9the adverse action and is related to the adverse action.
SB59,978,1710
(b) The department may disclose to all authorized vendors and applicants to
11be a vendor sanctions that have been imposed on vendors if the disclosure identifies
12only the vendor's name, address, length of the disqualification or amount of the
13monetary penalty, and a summary of the reason for the sanction provided in the
14notice of adverse action under sub. (5). The information under this paragraph may
15be disclosed only after all administrative and judicial review is exhausted and the
16department has prevailed regarding the sanction imposed on the vendor or after the
17time period for requesting administrative and judicial review has expired.
SB59,1935
18Section
1935. 253.07 (1) (a) 3. of the statutes is created to read:
SB59,978,1919
253.07
(1) (a) 3. Pregnancy termination.
SB59,1936
20Section
1936. 253.07 (1) (b) 3. of the statutes is created to read:
SB59,978,2121
253.07
(1) (b) 3. Pregnancy termination.
SB59,1937
22Section 1937
. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5)
23(b) and amended to read:
SB59,979,224
253.07
(5) (b)
Subject to par. (c), a A public entity that receives women's health
25funds under this section may provide some or all of the funds to other public or
1private entities
provided that the recipient of the funds does not do any of the
2following:.
SB59,1938
3Section 1938
. 253.07 (5) (b) 1. to 3. of the statutes are repealed.
SB59,1939
4Section 1939
. 253.07 (5) (c) of the statutes is repealed.
SB59,1940
5Section
1940. 253.075 of the statutes is repealed.
SB59,1941
6Section 1941
. 254.151 (intro.) of the statutes is amended to read:
SB59,979,8
7254.151 Lead poisoning or lead exposure prevention grants. (intro.)
8From the appropriation account under s. 20.435 (1) (ef), the department shall
award:
SB59,979,10
9(1m) Award the following grants under criteria that the department shall
10establish in rules promulgated under this
section
subsection:
SB59,1942
11Section 1942
. 254.151 (1) of the statutes is renumbered 254.151 (1m) (a).
SB59,1943
12Section 1943
. 254.151 (2) of the statutes is renumbered 254.151 (1m) (b).
SB59,1944
13Section 1944
. 254.151 (2m) of the statutes is created to read:
SB59,979,1514
254.151
(2m) Award grants for residential lead hazard abatement, residential
15lead hazard reduction, and lead abatement worker training.
SB59,1945
16Section 1945
. 254.151 (3) of the statutes is renumbered 254.151 (1m) (c).
SB59,1946
17Section 1946
. 254.151 (4) of the statutes is renumbered 254.151 (1m) (d).
SB59,1947
18Section 1947
. 254.151 (5) of the statutes is renumbered 254.151 (1m) (e) and
19amended to read:
SB59,979,2120
254.151
(1m) (e) To fund any combination of the purposes under
subs. (1) pars.
21(a) to
(4) (d).
SB59,1948
22Section 1948
. 254.151 (6) of the statutes is renumbered 254.151 (1m) (f).
SB59,1949
23Section 1949
. 254.151 (7) of the statutes is renumbered 254.151 (1m) (g).
SB59,1950
24Section
1950. 255.06 (2) (i) of the statutes is amended to read:
SB59,980,2
1255.06
(2) (i)
Multiple sclerosis services. Allocate and expend
at least up to 2$60,000 as reimbursement for the provision of multiple sclerosis services to women.
SB59,1951
3Section 1951
. 256.35 (1) (em) of the statutes is amended to read:
SB59,980,64
256.35
(1) (em) “Emergency number system” means any basic system,
5sophisticated system, or Next Generation 911, as defined in
sub. (3s) (a) 3. s. 85.125
6(1) (c), regardless of technology platform.
SB59,1952
7Section 1952
. 256.35 (3s) (except 256.35 (3s) (a) 1.) of the statutes is
8renumbered 85.125, and 85.125 (1) (intro.), (e) and (f), (2), (3) and (4) (a), as
9renumbered, are amended to read: