AB40: Bill Text

AB40, s. 1523 Section 1523. 49.79 (3) (b) of the statutes is amended to read:

AB40,684,6 49.79 (3) (b) A county or federally recognized American Indian tribe is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.

AB40, s. 1524 Section 1524. 49.79 (3) (b) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40, s. 1525 Section 1525. 49.79 (3) (c) of the statutes is amended to read:

AB40,684,13 49.79 (3) (c) A county or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.

AB40, s. 1526 Section 1526. 49.79 (3) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (3) (c) and amended to read:

AB40,684,19 49.37 (3) (c) A federally recognized American Indian tribe is liable for food stamp coupons mailed supplemental nutrition assistance program benefits incorrectly transferred to members of the tribe and lost in the mail due to incorrect information submitted to the department by the tribe.

AB40, s. 1527 Section 1527. 49.79 (4) of the statutes is amended to read:

AB40,684,25 49.79 (4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (3) from the payment to the county or tribe under income maintenance contracts under s. 49.78 and reimburse the federal government from the funds withheld.

AB40, s. 1528 Section 1528. 49.79 (4) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (4) and amended to read:

AB40,685,8 49.37 (4) Deductions from income maintenance payments. The department shall withhold the value of food stamp any losses for which a federally recognized American Indian tribe is liable under sub. (3) from the payment to the tribe under income maintenance contracts under s. 49.78 contracts for the administration of the supplemental nutrition assistance program and reimburse the federal government from the funds withheld.

AB40, s. 1529 Section 1529. 49.79 (5) (title) of the statutes is renumbered 49.37 (5) (title).

AB40, s. 1530 Section 1530. 49.79 (5) (a) of the statutes is renumbered 49.37 (5) (a) and amended to read:

AB40,686,2 49.37 (5) (a) The department shall require an applicant for, or recipient under, the food stamp supplemental nutrition assistance program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp supplemental nutrition assistance program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.

AB40, s. 1531 Section 1531. 49.79 (5) (b) of the statutes is renumbered 49.37 (5) (b).

AB40, s. 1532 Section 1532. 49.79 (6) of the statutes is renumbered 49.37 (6) and amended to read:

AB40,686,9 49.37 (6) Ineligibility for fugitive felons. No person is eligible for the food stamp supplemental nutrition assistance program in a month in which that person is a fugitive felon under 7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.

AB40, s. 1533 Section 1533. 49.79 (7) of the statutes is renumbered 49.37 (7) and amended to read:

AB40,686,19 49.37 (7) Simplified food stamp supplemental nutrition assistance program. The department shall develop a simplified food stamp program supplemental nutrition assistance program that meets all of the requirements under P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.

AB40, s. 1534 Section 1534. 49.79 (8) of the statutes is amended to read:

AB40,687,2 49.79 (8) Benefits for qualified aliens. The department shall not provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of 9 USC 1612 or 1613 according to a plan approved by the federal department of agriculture. This subsection does not apply, except to the extent that federal food stamp benefits for qualified aliens are restored required by the federal government.

AB40, s. 1535 Section 1535. 49.79 (8) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (8) and amended to read:

AB40,687,8 49.37 (8) Benefits for qualified aliens. The department shall not provide benefits under this section to a qualified alien, except to the extent that federal food stamp supplemental nutrition assistance program benefits for qualified aliens are required by the federal government.

AB40, s. 1536 Section 1536. 49.79 (8m) (title) of the statutes is renumbered 49.37 (8m) (title).

AB40, s. 1537 Section 1537. 49.79 (8m) (a) of the statutes is renumbered 49.37 (8m) (a) and amended to read:

AB40,687,16 49.37 (8m) (a) The department shall allow a prisoner who is applying for the food stamp supplemental nutrition assistance program from a correctional institution in anticipation of being released from the institution to use the address of the correctional institution as his or her address on the application.

AB40, s. 1538 Section 1538. 49.79 (8m) (b) of the statutes is renumbered 49.37 (8m) (b) and amended to read:

AB40,687,23 49.37 (8m) (b) The department shall allow an employee of a correctional institution who has been authorized by a prisoner of the institution to act on his or her behalf in matters related to the food stamp supplemental nutrition assistance program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp supplemental nutrition assistance program.

AB40, s. 1539 Section 1539. 49.79 (9) (title) of the statutes is renumbered 49.37 (9) (title).

AB40, s. 1540 Section 1540. 49.79 (9) (a) 1. of the statutes is amended to read:

AB40,688,10 49.79 (9) (a) 1. The department shall administer an employment and training program for recipients under the food stamp program and may contract under s. 49.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department or tribal governing body may subcontract, with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB40, s. 1541 Section 1541. 49.79 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.37 (9) (a) 1. and amended to read:

AB40,688,22 49.37 (9) (a) 1. The department shall administer an employment and training program for recipients under the food stamp supplemental nutrition assistance program and may contract under s. 49.78 with tribal governing bodies to carry out the administrative functions. The department may contract, or a tribal governing body may subcontract, with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB40, s. 1542 Section 1542. 49.79 (9) (a) 2. of the statutes is renumbered 49.37 (9) (a) 2. and amended to read:

AB40,689,4 49.37 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp supplemental nutrition assistance program and who is the caretaker of a child under the age of 12 weeks to participate in any employment and training program under this subsection.

AB40, s. 1543 Section 1543. 49.79 (9) (a) 3. of the statutes is renumbered 49.37 (9) (a) 3. and amended to read:

AB40,689,11 49.37 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp supplemental nutrition assistance program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

AB40, s. 1544 Section 1544. 49.79 (9) (a) 4. of the statutes is renumbered 49.37 (9) (a) 4. and amended to read:

AB40,689,17 49.37 (9) (a) 4. The amount of food stamp supplemental nutrition assistance benefits paid to a recipient who is a participant in a Wisconsin works Works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received s. 49.148.

AB40, s. 1545 Section 1545. 49.79 (9) (a) 5. of the statutes is renumbered 49.37 (9) (a) 5.

AB40, s. 1546 Section 1546. 49.79 (9) (b) (intro.) of the statutes is renumbered 49.37 (9) (b) (intro.) and amended to read:

AB40,689,23 49.37 (9) (b) (intro.) An individual who fails to comply with the work requirements under par. (a) without good cause is ineligible to participate in the food stamp supplemental nutrition assistance program as follows:

AB40, s. 1547 Section 1547. 49.79 (9) (b) 1. of the statutes is renumbered 49.37 (9) (b) 1.

AB40, s. 1548 Section 1548. 49.79 (9) (b) 2. of the statutes is renumbered 49.37 (9) (b) 2.

AB40, s. 1549 Section 1549. 49.79 (9) (b) 3. of the statutes is renumbered 49.37 (9) (b) 3.

AB40, s. 1550 Section 1550. 49.793 (title) of the statutes is renumbered 49.373 (title) and amended to read:

AB40,690,5 49.373 (title) Recovery of food stamps supplemental nutrition assistance program overpayments.

AB40, s. 1551 Section 1551. 49.793 (1) of the statutes is amended to read:

AB40,690,11 49.793 (1) The department or a county or an elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d 49.78. Recovery shall be made in accordance with 7 USC 2022.

AB40, s. 1552 Section 1552. 49.793 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.373 (1) and amended to read:

AB40,690,18 49.373 (1) The department or an elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons benefits under the food stamp supplemental nutrition assistance program administered under s. 49.78. Recovery shall be made in accordance with 7 USC 2022.

AB40, s. 1553 Section 1553 . 49.793 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.373 (2).

AB40, s. 1554 Section 1554 . 49.793 (2) (a) of the statutes is renumbered 49.793 (2) and amended to read:

AB40,691,5 49.793 (2) Except as provided in par. (b), a A county or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under 7 USC 2025 that is recovered under sub. (1) due to the efforts of an employee or officer of the county or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county or governing body may retain. This paragraph subsection does not apply to recovery of an overpayment that was made as a result of state, county, or tribal governing body error.

AB40, s. 1555 Section 1555 . 49.793 (2) (b) of the statutes is repealed.

AB40, s. 1556 Section 1556. 49.795 (title) of the statutes is renumbered 49.375 (title) and amended to read:

AB40,691,10 49.375 (title) Food stamp Supplemental nutrition assistance program offenses.

AB40, s. 1557 Section 1557. 49.795 (1) (intro.) of the statutes is renumbered 49.375 (1) (intro.).

AB40, s. 1558 Section 1558. 49.795 (1) (a) of the statutes is renumbered 49.375 (1) (a) and amended to read:

AB40,691,17 49.375 (1) (a) "Eligible person" means a member of a household certified as eligible for the food stamp supplemental nutrition assistance program or a person authorized to represent a certified household under 7 USC 2020 (e) (7).

AB40, s. 1559 Section 1559. 49.795 (1) (b) of the statutes is renumbered 49.375 (1) (b) and amended to read:

AB40,691,22 49.375 (1) (b) "Food" means items which that may be purchased using food coupons supplemental nutrition assistance program benefits under 7 USC 2012 (g) and 2016 (b).

AB40, s. 1560 Section 1560. 49.795 (1) (c) of the statutes is renumbered 49.375 (1) (c) and amended to read:

AB40,692,3 49.375 (1) (c) "Food stamp Supplemental nutrition assistance program" means the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1561 Section 1561. 49.795 (1) (d) of the statutes is renumbered 49.375 (1) (d) and amended to read:

AB40,692,9 49.375 (1) (d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons supplemental nutrition assistance program benefits in exchange for food under the food stamp supplemental nutrition assistance program.

AB40, s. 1562 Section 1562. 49.795 (1) (e) (intro.) of the statutes is renumbered 49.375 (1) (e) (intro.).

AB40, s. 1563 Section 1563. 49.795 (1) (e) 1. of the statutes is amended to read:

AB40,692,15 49.795 (1) (e) 1. An employee or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.

AB40, s. 1564 Section 1564. 49.795 (1) (e) 1. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.375 (1) (e) 1. and amended to read:

AB40,692,20 49.375 (1) (e) 1. An employee or officer of the federal government, the state, or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp supplemental nutrition assistance program.

AB40, s. 1565 Section 1565. 49.795 (1) (e) 2. of the statutes is amended to read:

AB40,692,24 49.795 (1) (e) 2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.

AB40, s. 1566 Section 1566. 49.795 (1) (e) 2. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is renumbered 49.375 (1) (e) 2. and amended to read:

AB40,693,5 49.375 (1) (e) 2. A person acting in the course of duties under a contract with the federal government, the state, or a federally recognized American Indian tribe in connection with the food stamp supplemental nutrition assistance program.

AB40, s. 1567 Section 1567. 49.795 (1) (e) 3. of the statutes is renumbered 49.375 (1) (e) 3.

AB40, s. 1568 Section 1568. 49.795 (1) (e) 4. of the statutes is renumbered 49.375 (1) (e) 4.

AB40, s. 1569 Section 1569. 49.795 (1) (e) 5. of the statutes is renumbered 49.375 (1) (e) 5. and amended to read:

AB40,693,11 49.375 (1) (e) 5. A person authorized to redeem food coupons supplemental nutrition assistance program benefits under 7 USC 2019.

AB40, s. 1570 Section 1570. 49.795 (2) of the statutes is renumbered 49.375 (2) and amended to read: