AB40: Bill Text

AB40, s. 1582 Section 1582. 49.795 (8) (b) 2. of the statutes is renumbered 49.375 (8) (b) 2. and amended to read:

AB40,695,22 49.375 (8) (b) 2. If the value of the food coupons supplemental nutrition assistance program benefits exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.

AB40, s. 1583 Section 1583. 49.795 (8) (c) of the statutes is renumbered 49.375 (8) (c) and amended to read:

AB40,696,3 49.375 (8) (c) For any offense under this section, if the value of the food coupons supplemental nutrition assistance program benefits is $5,000 or more, a person who violates this section is guilty of a Class G felony.

AB40, s. 1584 Section 1584. 49.795 (8) (d) 1. (intro.) of the statutes is renumbered 49.375 (8) (d) 1. (intro.) and amended to read:

AB40,696,9 49.375 (8) (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 from participation in the food stamp supplemental nutrition assistance program as follows:

AB40, s. 1585 Section 1585. 49.795 (8) (d) 1. a. of the statutes is renumbered 49.375 (8) (d) 1. a.

AB40, s. 1586 Section 1586. 49.795 (8) (d) 1. b. of the statutes is renumbered 49.375 (8) (d) 1. b.

AB40, s. 1587 Section 1587. 49.795 (8) (d) 1. c. of the statutes is renumbered 49.375 (8) (d) 1. c.

AB40, s. 1588 Section 1588. 49.795 (8) (d) 1m. of the statutes is renumbered 49.375 (8) (d) 1m. and amended to read:

AB40,696,22 49.375 (8) (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.

AB40, s. 1589 Section 1589. 49.795 (8) (d) 2. of the statutes is amended to read:

AB40,697,2 49.795 (8) (d) 2. The person may apply to the county department under s. 46.215, 46.22 or 46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.

AB40, s. 1590 Section 1590. 49.795 (8) (d) 2. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.375 (8) (d) 2.

AB40, s. 1591 Section 1591. 49.795 (8) (e) 1. (intro.) of the statutes is renumbered 49.375 (8) (e) 1. (intro.) and amended to read:

AB40,697,10 49.375 (8) (e) 1. (intro.) If a court finds that a person traded 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:

AB40, s. 1592 Section 1592. 49.795 (8) (e) 1. a. of the statutes is renumbered 49.375 (8) (e) 1. a.

AB40, s. 1593 Section 1593. 49.795 (8) (e) 1. b. of the statutes is renumbered 49.375 (8) (e) 1. b.

AB40, s. 1594 Section 1594. 49.795 (8) (e) 2. of the statutes is renumbered 49.375 (8) (e) 2. and amended to read:

AB40,697,20 49.375 (8) (e) 2. If a court finds that a person traded 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.

AB40, s. 1595 Section 1595. 49.795 (8) (f) of the statutes is renumbered 49.375 (8) (f) and amended to read:

AB40,698,3 49.375 (8) (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 fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp supplemental nutrition assistance program.

AB40, s. 1596 Section 1596. 49.797 (title) of the statutes is renumbered 49.377 (title).

AB40, s. 1597 Section 1597. 49.797 (1) of the statutes is renumbered 49.377 (1) and amended to read:

AB40,698,12 49.377 (1) Definition. In this section, "food stamp program" "supplemental nutrition assistance program" means the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036 or, if the department determines that the food stamp supplemental nutrition assistance program no longer exists, a nutrition program that the department determines is a successor to the food stamp supplemental nutrition assistance program.

AB40, s. 1598 Section 1598. 49.797 (2) (a) of the statutes is renumbered 49.377 (2) and amended to read:

AB40,698,24 49.377 (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 supplemental nutrition assistance program benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) 49.375 (1) (d), 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.

AB40, s. 1599 Section 1599. 49.797 (2) (b) of the statutes is repealed.

AB40, s. 1600 Section 1600. 49.797 (4) of the statutes is renumbered 49.377 (4).

AB40, s. 1601 Section 1601. 49.797 (5) of the statutes is renumbered 49.377 (5).

AB40, s. 1602 Section 1602. 49.797 (6) of the statutes is renumbered 49.377 (6).

AB40, s. 1603 Section 1603. 49.797 (7) of the statutes is renumbered 49.377 (7).

AB40, s. 1604 Section 1604. 49.797 (8) of the statutes is amended to read:

AB40,699,11 49.797 (8) County Tribal governing body participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.

AB40, s. 1605 Section 1605. 49.797 (8) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1606 Section 1606 . 49.825 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1607 Section 1607. 49.825 (2) (a) 2. of the statutes is repealed.

AB40, s. 1608 Section 1608. 49.83 of the statutes is amended to read:

AB40,700,4 49.83 Limitation on giving information. Except as provided under ss. 49.25 and 49.32 (9), (10), and (10m), 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, or supplemental payments under s. 49.77, 2009 stats., or s. 49.39 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.

AB40, s. 1609 Section 1609. 49.84 (5) of the statutes is amended to read:

AB40,700,11 49.84 (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 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 by rule or as required in 42 USC 1320b-7 (d).

AB40, s. 1610 Section 1610. 49.845 (1) of the statutes is amended to read:

AB40,701,8 49.845 (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 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, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, 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.

AB40, s. 1611 Section 1611 . 49.845 (1) of the statutes, as affected by Wisconsin Act .... (this act), is amended to read:

AB40,702,5 49.845 (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 program under 7 USC 2011 to 2036, 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, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, recipients of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, 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.

AB40, s. 1612 Section 1612. 49.845 (2) of the statutes is amended to read:

AB40,702,17 49.845 (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 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 the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161.

AB40, s. 1613 Section 1613 . 49.845 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,703,3 49.845 (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 program under 7 USC 2011 to 2036, 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 the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161, and the supplemental nutrition assistance program under 7 USC 2011 to 2036.

AB40, s. 1614 Section 1614. 49.845 (4) (title) of the statutes is amended to read:

AB40,703,6 49.845 (4) (title) Contract for Wisconsin Works, supplemental security income, and caretaker supplement.

AB40, s. 1615 Section 1615 . 49.845 (4) (title) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,703,11 49.845 (4) (title) Contract for Wisconsin Works, supplemental security income, and caretaker supplement, and the supplemental nutrition assistance program.

AB40, s. 1616 Section 1616. 49.845 (4) (a) 1. of the statutes is amended to read:

AB40,704,2 49.845 (4) (a) 1. Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, recipients of supplemental security income payments under s. 49.39, recipients of payments for the support of children of supplemental security income recipients under s. 49.395, and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, and Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects that fraudulent activity as described in this subdivision has occurred or is occurring, the employee shall immediately report the facts and circumstances contributing to that suspicion to the employee's immediate supervisor.

AB40, s. 1617 Section 1617 . 49.845 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,704,21 49.845 (4) (a) 1. Notwithstanding s. 49.197 (1m) and (3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, recipients of supplemental security income payments under s. 49.39, recipients of payments for the support of children of supplemental security income recipients under s. 49.395, recipients of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036, and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in the supplemental security income payments program under s. 49.39, the program providing payments for the support of children of supplemental security income recipients under s. 49.395, the supplemental nutrition assistance program under 7 USC 2011 to 2036, and Wisconsin Works under ss. 49.141 to 49.161, as provided in this section. If any employee of the department of health services reasonably suspects that fraudulent activity as described in this subdivision has occurred or is occurring, the employee shall immediately report the facts and circumstances contributing to that suspicion to the employee's immediate supervisor.

AB40, s. 1618 Section 1618. 49.847 (1) of the statutes is amended to read:

AB40,705,2 49.847 (1) Subject to ss. s. 49.497 (1) and 49.793 (1), the department of health services, or a county or elected 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.

AB40, s. 1619 Section 1619. 49.847 (2) of the statutes is amended to read:

AB40,705,8 49.847 (2) The department, county, or elected 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 The department may by rule specify other methods for recovering incorrectly paid benefits.

AB40, s. 1620 Section 1620 . 49.847 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,705,14 49.847 (3) (a) Subject to ss. s. 49.497 (2) and 49.793 (2), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.

AB40, s. 1621 Section 1621 . 49.847 (3) (a) of the statutes is renumbered 49.847 (3) and amended to read:

AB40,705,20 49.847 (3) Subject to ss. 49.497 (2) and 49.793 (2), and except as provided in par. (b), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.

AB40, s. 1622 Section 1622 . 49.847 (3) (b) of the statutes is repealed.

AB40, s. 1623 Section 1623. 49.85 (1) of the statutes is amended to read:

AB40,706,8 49.85 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health services may recover an amount under s. 49.497, 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 49.373 or collect an amount under s. 49.147 (6) (cm), the county department or 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 49.373 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.

AB40, s. 1624 Section 1624. 49.85 (2) (a) (intro.) of the statutes is amended to read:

AB40,706,16 49.85 (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. 49.45 (2) (a) 10., 49.497, 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:

AB40, s. 1625 Section 1625. 49.85 (2) (b) of the statutes is amended to read:

AB40,707,2 49.85 (2) (b) At least annually, the department of children and families 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 children and families, the department of children and families has determined that it may recover under ss. s. 49.161 , and 49.195 (3) and, or 49.373 or collect under s. 49.147 (6) (cm), except that the department of children and families may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB40, s. 1626 Section 1626. 49.85 (3) (a) 1. of the statutes is amended to read:

AB40,707,7 49.85 (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. 49.45 (2) (a) 10., 49.497, 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

AB40, s. 1627 Section 1627. 49.85 (3) (b) 1. of the statutes is amended to read:

AB40,707,13 49.85 (3) (b) 1. Inform the person that the department of children and families intends to certify to the department of revenue an amount that the department of children and families has determined to be due under s. 49.161 or, 49.195 (3), or 49.373, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

AB40, s. 1628 Section 1628. 49.857 (1) (c) of the statutes is amended to read:

AB40,707,17 49.857 (1) (c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services that grants a credential.

AB40, s. 1629 Section 1629. 49.857 (2) (b) 1. of the statutes is amended to read:

AB40,708,7 49.857 (2) (b) 1. The circumstances under which the licensing authority or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include the circumstances under which the department of regulation and licensing safety and professional services shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take. The guidelines under this subdivision for determining the appropriate action to take shall require the consideration of whether the action is likely to have an adverse effect on public health, safety or welfare or on the environment, and of whether the action is likely to adversely affect individuals other than the individual holding or applying for the license, such as employees of that individual.

AB40, s. 1630 Section 1630. 49.857 (2) (b) 2. a. of the statutes is amended to read:

AB40,708,17 49.857 (2) (b) 2. a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of children and families with respect to an individual who holds or applied for a credential granted by the credentialing board.