AB40, s. 1498 8Section 1498. 49.78 (8) (a) of the statutes is amended to read:
AB40,678,189 49.78 (8) (a) From the appropriation accounts appropriations under s. 20.435
10(4) (bn) (bm) and (nn) and subject to par. (b), the department shall reimburse each
11county and tribal governing body that contracts with the department under sub. (2)
12for reasonable costs of administering the income maintenance programs, including
13conducting fraud prevention activities. The amount of each reimbursement paid
14under this paragraph shall be calculated using a formula based on workload within
15the limits of available state and federal funds under s. 20.435 (4) (bn) (bm) and (nn)
16by contract under sub. (2). The amount of reimbursement calculated under this
17paragraph and par. (b) is in addition to any reimbursement provided to a county or
18tribal governing body for fraud and error reduction under s. 49.197 or 49.845.
AB40, s. 1499 19Section 1499. 49.78 (8) (b) of the statutes is amended to read:
AB40,678,2420 49.78 (8) (b) The department may adjust the amounts determined under par.
21(a) for workload changes and computer network activities performed by a county or
22tribal governing body and may reduce the amount of any reimbursement if federal
23reimbursement is withheld due to audits, quality control samples, or program
24reviews.
AB40, s. 1500 25Section 1500. 49.78 (10) (title) of the statutes is amended to read:
AB40,679,1
149.78 (10) (title) County Tribal governing body certification.
AB40, s. 1501 2Section 1501. 49.78 (10) (a) of the statutes is amended to read:
AB40,679,133 49.78 (10) (a) Each county treasurer and director of a county department under
4s. 46.215, 46.22, or 46.23 that contracts with the department under sub. (2) and each

5Each tribal governing body that contracts with the department under sub. (2) shall
6certify monthly under oath to the department in such manner as the department
7prescribes the claim of the county or tribal governing body for state reimbursement
8under sub. (8) (a). The department shall review each claim of reimbursement and,
9if the department approves the claim, the department shall certify to the department
10of administration for reimbursement to the county or tribal governing body for
11amounts due under sub. (8) (a) and payment claimed to be made to the counties or
12tribal governing bodies monthly. The department may make advance payments
13prior to the beginning of each month equal to one-twelfth of the contracted amount.
AB40, s. 1502 14Section 1502. 49.78 (10) (b) of the statutes is amended to read:
AB40,679,2215 49.78 (10) (b) To facilitate prompt reimbursement, the certificate of the
16department may be based on the certified statements of the county officers or tribal
17governing body executives filed under par. (a). Funds recovered from audit
18adjustments from a prior fiscal year may be included in subsequent certifications
19only to pay counties tribal governing bodies owed funds as a result of any audit
20adjustment. By September 30 annually, the department shall submit a report to the
21appropriate standing committees under s. 13.172 (3) on funds recovered and paid out
22during the previous calendar year as a result of audit adjustments.
AB40, s. 1503 23Section 1503 . 49.785 (1) (intro.) of the statutes is amended to read:
AB40,680,624 49.785 (1) (intro.) Except as provided in sub. (1m) and subject to s. 49.825, if
25any recipient specified in sub. (1c) dies and the estate of the deceased recipient is

1insufficient to pay the funeral, burial, and cemetery expenses of the deceased
2recipient, the department or county or applicable tribal governing body or
3organization responsible for burial of the recipient shall pay, to the person
4designated by the department or county department under s. 46.215, 46.22, or 46.23
5or applicable tribal governing body or organization responsible for the burial of the
6recipient, all of the following:
AB40, s. 1504 7Section 1504 . 49.785 (1) (intro.) of the statutes, as affected by 2011 Wisconsin
8Act .... (this act), is amended to read:
AB40,680,159 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient specified in
10sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the
11funeral, burial, and cemetery expenses of the deceased recipient, the department or
12county
or applicable tribal governing body or organization responsible for burial of
13the recipient shall pay, to the person designated by the department or county
14department under s. 46.215, 46.22, or 46.23
or applicable tribal governing body or
15organization responsible for the burial of the recipient, all of the following:
AB40, s. 1505 16Section 1505. 49.785 (1c) (a) of the statutes is amended to read:
AB40,680,1817 49.785 (1c) (a) A recipient of benefits under s. 49.77, 2009 stats., or s. 49.148,
1849.39, or 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980.
AB40, s. 1506 19Section 1506. 49.785 (1m) (a) of the statutes is amended to read:
AB40,680,2320 49.785 (1m) (a) If the total cemetery expenses for the recipient exceed $3,500,
21the department or county or applicable tribal governing body or organization
22responsible for burial of the recipient is not required to make a payment for the
23cemetery expenses under sub. (1) (a).
AB40, s. 1507 24Section 1507. 49.785 (1m) (b) of the statutes is amended to read:
AB40,681,4
149.785 (1m) (b) If the total funeral and burial expenses for the recipient exceed
2$4,500, the department or county or applicable tribal governing body or organization
3responsible for burial of the recipient is not required to make a payment for funeral
4and burial expenses under sub. (1) (b).
AB40, s. 1508 5Section 1508. 49.785 (1m) (c) of the statutes is amended to read:
AB40,681,96 49.785 (1m) (c) If a request for payment under sub. (1) is made more than 12
7months after the death of the recipient, the department or county or applicable tribal
8governing body or organization responsible for burial of the recipient is not required
9to make a payment for cemetery, funeral, or burial expenses.
AB40, s. 1509 10Section 1509. 49.785 (2) of the statutes is amended to read:
AB40,681,2111 49.785 (2) From the appropriation under s. 20.435 (4) (bn) (br), the department
12shall reimburse a county or applicable tribal governing body or organization for any
13amount that the county or applicable tribal governing body or organization is
14required to pay under sub. (1) if the county or applicable tribal governing body or
15organization complies with sub. (3). From the appropriation under s. 20.435 (4) (bn)
16(br), the department shall reimburse a county or applicable tribal governing body or
17organization for cemetery expenses or for funeral and burial expenses for a person
18described under sub. (1) that the county or applicable tribal governing body or
19organization is not required to pay under subs. (1) and (1m) only if the department
20approves the reimbursement due to unusual circumstances and if the county or
21applicable tribal governing body or organization complies with sub. (3).
AB40, s. 1510 22Section 1510 . 49.785 (2) of the statutes, as affected by 2011 Wisconsin Act ....
23(this act), is amended to read:
AB40,682,924 49.785 (2) From the appropriation under s. 20.435 (4) (br), the department
25shall reimburse a county or an applicable tribal governing body or organization for

1any amount that the county or applicable tribal governing body or organization is
2required to pay under sub. (1) if the county or applicable tribal governing body or
3organization complies with sub. (3). From the appropriation under s. 20.435 (4) (br),
4the department shall reimburse a county or an applicable tribal governing body or
5organization for cemetery expenses or for funeral and burial expenses for a person
6described under sub. (1) that the county or applicable tribal governing body or
7organization is not required to pay under subs. (1) and (1m) only if the department
8approves the reimbursement due to unusual circumstances and if the county or
9applicable
tribal governing body or organization complies with sub. (3).
AB40, s. 1511 10Section 1511. 49.785 (3) (intro.) of the statutes is amended to read:
AB40,682,1411 49.785 (3) (intro.) As a condition for reimbursement under sub. (2) for amounts
12paid on behalf of a deceased recipient, a county or an applicable tribal governing
13body or organization shall provide to the department all of the following information
14with respect to the deceased recipient:
AB40, s. 1512 15Section 1512. 49.785 (3) (c) of the statutes is amended to read:
AB40,682,1816 49.785 (3) (c) The total amount of each of the expenses under pars. (a) and (b)
17that the county or tribal governing body or organization paid on behalf of the
18deceased recipient.
AB40, s. 1513 19Section 1513. 49.79 (title) of the statutes is renumbered 49.37 (title) and
20amended to read:
AB40,682,22 2149.37 (title) Food stamp Supplemental nutrition assistance program
22administration.
AB40, s. 1514 23Section 1514. 49.79 (1) (intro.) of the statutes is renumbered 49.37 (1) (intro.).
AB40, s. 1515 24Section 1515. 49.79 (1) (a) of the statutes is renumbered 49.37 (1) (a).
AB40, s. 1516
1Section 1516. 49.79 (1) (c) of the statutes is renumbered 49.37 (1) (f) and
2amended to read:
AB40,683,53 49.37 (1) (f) "Food stamp program Supplemental nutrition assistance program"
4means the federal food stamp supplemental nutrition assistance program under 7
5USC 2011
to 2036.
AB40, s. 1517 6Section 1517. 49.79 (1) (f) of the statutes is renumbered 49.37 (1) (c).
AB40, s. 1518 7Section 1518. 49.79 (1) (g) of the statutes is renumbered 49.37 (1) (g).
AB40, s. 1519 8Section 1519. 49.79 (2) of the statutes is renumbered 49.37 (2) and amended
9to read:
AB40,683,1310 49.37 (2) Denial of eligibility. An individual who fails to comply with the work
11requirements of the employment and training program under sub. (9) is ineligible to
12participate in the food stamp supplemental nutrition assistance program as
13specified under sub. (9) (b).
AB40, s. 1520 14Section 1520. 49.79 (3) (title) of the statutes is renumbered 49.37 (3) (title) and
15amended to read:
AB40,683,1616 49.37 (3) (title) Liability for lost food coupons misappropriated benefits .
AB40, s. 1521 17Section 1521. 49.79 (3) (a) of the statutes is amended to read:
AB40,683,2018 49.79 (3) (a) A county or federally recognized American Indian tribe is liable
19for all food stamp coupons lost, misappropriated, or destroyed while under the
20county's or tribe's direct control, except as provided in par. (b).
AB40, s. 1522 21Section 1522. 49.79 (3) (a) of the statutes, as affected by 2011 Wisconsin Act
22.... (this act), is renumbered 49.37 (3) (a) and amended to read:
AB40,684,223 49.37 (3) (a) A federally recognized American Indian tribe is liable for all food
24stamp coupons lost,
supplemental nutrition assistance program benefits that are

1misappropriated, or destroyed while under the tribe's direct control, except as
2provided in par. (b).
AB40, s. 1523 3Section 1523. 49.79 (3) (b) of the statutes is amended to read:
AB40,684,64 49.79 (3) (b) A county or federally recognized American Indian tribe is not liable
5for food stamp coupons lost in natural disasters if it provides evidence acceptable to
6the department that the coupons were destroyed and not redeemed.
AB40, s. 1524 7Section 1524. 49.79 (3) (b) of the statutes, as affected by 2011 Wisconsin Act
8.... (this act), is repealed.
AB40, s. 1525 9Section 1525. 49.79 (3) (c) of the statutes is amended to read:
AB40,684,1310 49.79 (3) (c) A county or federally recognized American Indian tribe is liable
11for food stamp coupons mailed to residents of the county or members of the tribe and
12lost in the mail due to incorrect information submitted to the department by the
13county or tribe.
AB40, s. 1526 14Section 1526. 49.79 (3) (c) of the statutes, as affected by 2011 Wisconsin Act
15.... (this act), is renumbered 49.37 (3) (c) and amended to read:
AB40,684,1916 49.37 (3) (c) A federally recognized American Indian tribe is liable for food
17stamp coupons mailed
supplemental nutrition assistance program benefits
18incorrectly transferred
to members of the tribe and lost in the mail due to incorrect
19information submitted to the department by the tribe.
AB40, s. 1527 20Section 1527. 49.79 (4) of the statutes is amended to read:
AB40,684,2521 49.79 (4) Deductions from county income maintenance payments. The
22department shall withhold the value of food stamp losses for which a county or
23federally recognized American Indian tribe is liable under sub. (3) from the payment
24to the county or tribe under income maintenance contracts under s. 49.78 and
25reimburse the federal government from the funds withheld.
AB40, s. 1528
1Section 1528. 49.79 (4) of the statutes, as affected by 2011 Wisconsin Act ....
2(this act), is renumbered 49.37 (4) and amended to read:
AB40,685,83 49.37 (4) Deductions from income maintenance payments. The department
4shall withhold the value of food stamp any losses for which a federally recognized
5American Indian tribe is liable under sub. (3) from the payment to the tribe under
6income maintenance contracts under s. 49.78 contracts for the administration of the
7supplemental nutrition assistance program
and reimburse the federal government
8from the funds withheld.
AB40, s. 1529 9Section 1529. 49.79 (5) (title) of the statutes is renumbered 49.37 (5) (title).
AB40, s. 1530 10Section 1530. 49.79 (5) (a) of the statutes is renumbered 49.37 (5) (a) and
11amended to read:
AB40,686,212 49.37 (5) (a) The department shall require an applicant for, or recipient under,
13the food stamp supplemental nutrition assistance program to state in writing
14whether the applicant or recipient or any member of the applicant's or recipient's
15household has been convicted, in any state or federal court of a felony that has as an
16element possession, use or distribution of a controlled substance. The department
17shall require an applicant or recipient, or member of the applicant's or recipient's
18household to submit to a test for use of a controlled substance as a condition of
19continued eligibility if, after August 22, 1996, but not more than 5 years prior to the
20date the written statement is made, the applicant or recipient or the member of the
21applicant's or recipient's household was convicted in any state or federal court of a
22felony that had as an element possession, use or distribution of a controlled
23substance. If the test results are positive with respect to any individual, the
24department may not consider the needs of that individual in determining the
25household's eligibility for the food stamp supplemental nutrition assistance program

1for at least 12 months from the date of the test. The department shall, however,
2consider the income and resources of that individual to be available to the household.
AB40, s. 1531 3Section 1531. 49.79 (5) (b) of the statutes is renumbered 49.37 (5) (b).
AB40, s. 1532 4Section 1532. 49.79 (6) of the statutes is renumbered 49.37 (6) and amended
5to read:
AB40,686,96 49.37 (6) Ineligibility for fugitive felons. No person is eligible for the food
7stamp
supplemental nutrition assistance program in a month in which that person
8is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation,
9extended supervision or parole imposed by a state or federal court.
AB40, s. 1533 10Section 1533. 49.79 (7) of the statutes is renumbered 49.37 (7) and amended
11to read:
AB40,686,1912 49.37 (7) Simplified food stamp supplemental nutrition assistance program.
13The department shall develop a simplified food stamp program supplemental
14nutrition assistance program
that meets all of the requirements under P.L. 104-193,
15section 854, and shall submit the plan to the secretary of the federal department of
16agriculture for approval. If the secretary of the federal department of agriculture
17approves the plan, the department shall submit the plan to the secretary of
18administration for approval. If the secretary of administration approves the plan,
19the department may implement the plan.
AB40, s. 1534 20Section 1534. 49.79 (8) of the statutes is amended to read:
AB40,687,221 49.79 (8) Benefits for qualified aliens. The department shall not provide
22benefits under this section to a qualified alien who is ineligible for benefits under this
23section solely because of the application of 9 USC 1612 or 1613 according to a plan
24approved by the federal department of agriculture. This subsection does not apply
,

1except
to the extent that federal food stamp benefits for qualified aliens are restored
2required by the federal government.
AB40, s. 1535 3Section 1535. 49.79 (8) of the statutes, as affected by 2011 Wisconsin Act ....
4(this act), is renumbered 49.37 (8) and amended to read:
AB40,687,85 49.37 (8) Benefits for qualified aliens. The department shall not provide
6benefits under this section to a qualified alien, except to the extent that federal food
7stamp
supplemental nutrition assistance program benefits for qualified aliens are
8required by the federal government.
AB40, s. 1536 9Section 1536. 49.79 (8m) (title) of the statutes is renumbered 49.37 (8m)
10(title).
AB40, s. 1537 11Section 1537. 49.79 (8m) (a) of the statutes is renumbered 49.37 (8m) (a) and
12amended to read:
AB40,687,1613 49.37 (8m) (a) The department shall allow a prisoner who is applying for the
14food stamp supplemental nutrition assistance program from a correctional
15institution in anticipation of being released from the institution to use the address
16of the correctional institution as his or her address on the application.
AB40, s. 1538 17Section 1538. 49.79 (8m) (b) of the statutes is renumbered 49.37 (8m) (b) and
18amended to read:
AB40,687,2319 49.37 (8m) (b) The department shall allow an employee of a correctional
20institution who has been authorized by a prisoner of the institution to act on his or
21her behalf in matters related to the food stamp supplemental nutrition assistance
22program to receive and conduct telephone calls on behalf of the prisoner in matters
23related to the food stamp supplemental nutrition assistance program.
AB40, s. 1539 24Section 1539. 49.79 (9) (title) of the statutes is renumbered 49.37 (9) (title).
AB40, s. 1540 25Section 1540. 49.79 (9) (a) 1. of the statutes is amended to read:
AB40,688,10
149.79 (9) (a) 1. The department shall administer an employment and training
2program for recipients under the food stamp program and may contract under s.
349.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal
4governing bodies to carry out the administrative functions. The department may
5contract, or a county department or tribal governing body may subcontract, with a
6Wisconsin Works agency or another provider to administer the employment and
7training program under this subsection. Except as provided in subds. 2. and 3., the
8department may require able individuals who are 18 to 60 years of age who are not
9participants in a Wisconsin Works employment position to participate in the
10employment and training program under this subsection.
AB40, s. 1541 11Section 1541. 49.79 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
12.... (this act), is renumbered 49.37 (9) (a) 1. and amended to read:
AB40,688,2213 49.37 (9) (a) 1. The department shall administer an employment and training
14program for recipients under the food stamp supplemental nutrition assistance
15program and may contract under s. 49.78 with tribal governing bodies to carry out
16the administrative functions. The department may contract, or a tribal governing
17body may subcontract, with a Wisconsin Works agency or another provider to
18administer the employment and training program under this subsection. Except as
19provided in subds. 2. and 3., the department may require able individuals who are
2018 to 60 years of age who are not participants in a Wisconsin Works employment
21position to participate in the employment and training program under this
22subsection.
AB40, s. 1542 23Section 1542. 49.79 (9) (a) 2. of the statutes is renumbered 49.37 (9) (a) 2. and
24amended to read:
AB40,689,4
149.37 (9) (a) 2. The department may not require an individual who is a recipient
2under the food stamp supplemental nutrition assistance program and who is the
3caretaker of a child under the age of 12 weeks to participate in any employment and
4training program under this subsection.
AB40, s. 1543 5Section 1543. 49.79 (9) (a) 3. of the statutes is renumbered 49.37 (9) (a) 3. and
6amended to read:
AB40,689,117 49.37 (9) (a) 3. The department may not require an individual who is a recipient
8under the food stamp supplemental nutrition assistance program to participate in
9any employment and training program under this subsection if that individual is
10enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training
11program, or an institution of higher education.
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