49.031 History
History: 1995 a. 27.
49.08
49.08
Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch.
49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in
ss. 58.06 and
252.07 to
252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in
s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in
s. 252.08 (4).
49.08 Annotation
Dependent of relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy, 81 W (2d) 32, 259 NW (2d) 701.
ECONOMIC SUPPORT AND WORK PROGRAMS
49.11
49.11
Definitions. In this subchapter:
49.11(1)
(1) "Department" means the department of industry, labor and job development.
49.11 Note
NOTE: 1995 Wis. Act 289, s.
275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
49.11(2)
(2) "Secretary" means the secretary of industry, labor and job development.
49.11 History
History: 1995 a. 27 ss.
2770,
9130 (4).
49.124
49.124
Food stamp administration. 49.124(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029.
49.124(1m)(a)(a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this section. Except as provided in
pars. (b) and
(bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position, as defined in
s. 49.141 (1) (r), to participate in the employment and training program under this section. To the extent permitted by federal law or waiver, and except as provided in
par. (cm), the department may distribute food stamp benefits on a pay-for-performance basis, as determined under
par. (c). The maximum number of hours an individual may be required to work may not exceed 40 hours per week.
49.124(1m)(b)
(b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under
par. (a).
49.124(1m)(bm)
(bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under
par. (a) 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.
49.124(1m)(c)
(c) The amount of food stamp benefits paid to the recipient in a subsequent month shall be determined as follows:
49.124(1m)(c)1.
1. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.
49.124(1m)(c)2.
2. The department shall subtract the total number of hours determined under
subd. 1. from the recipient's total number of hours of required participation in that month.
49.124(1m)(c)3.
3. The department shall multiply the number of hours determined under
subd. 2. by the federal minimum hourly wage under
29 USC 206 (a) (1).
49.124(1m)(c)4.
4. The department shall subtract the dollar amount determined under
subd. 3. from the amount of food stamp benefits that the recipient's family would have received if he or she had participated for the total number of assigned hours.
49.124(1m)(cm)
(cm) Notwithstanding
par. (c), the amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under
s. 49.147 (4) or
(5) shall be calculated based on the pre-sanction benefit amount received
s. 49.148.
49.124(1p)(a)(a) The department shall request a waiver from the secretary of the federal department of agriculture to permit the application of
par. (b).
Paragraph (b) does not apply unless a waiver is granted and in effect.
49.124(1p)(b)
(b) The department shall modify eligibility and benefit amounts under the food stamp program to provide for a graduated schedule of benefits based on income in the manner described in the waiver under
par. (a).
49.124(2)
(2) Liability for lost food coupons. 49.124(2)(a)(a) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for all food stamp coupons lost, misappropriated or destroyed while under the county's, tribe's or Wisconsin works agency's direct control, except as provided in
par. (b).
49.124(2)(b)
(b) A county, federally recognized American Indian tribe or Wisconsin works agency 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.
49.124(2)(c)
(c) A county, federally recognized American Indian tribe or Wisconsin works agency is liable for food stamp coupons mailed to residents of the county, members of the tribe or participants in the Wisconsin works program and lost in the mail due to incorrect information submitted to the department by the county, tribe or Wisconsin works agency.
49.124(3)
(3) 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. (2) from the payment to the county or tribe under
s. 20.445 (3) (de) and
(nL) and reimburse the federal government from the funds withheld.
49.124(4)(b)
(b) The department shall request a waiver from the secretary of the federal department of agriculture to allow the application of
par. (c). The waiver shall also seek a waiver from those federal quality control standards under the food stamp program that the department determines to be necessary in order to make the application of
par. (c) feasible.
Paragraph (c) applies only while the waiver under this paragraph is in effect.
49.124(4)(c)
(c) If a migrant worker and his or her dependents do not meet the income limitations under the food stamp program using prospective budgeting, the department shall determine eligibility for the migrant worker and his or her dependents using an income-averaging method described in the waiver under
par. (b).
49.125
49.125
Recovery of food stamps. 49.125(1)
(1) The department, or a county, an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency 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),
46.22 (1) (b) 2. d. or
49.143 (2) (e). Recovery shall be made in accordance with
7 USC 2022.
49.125(2)
(2) 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 which is recovered under
sub. (1) due to the efforts of an employe 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 subsection does not apply to recovery of an overpayment that was made as a result of state, county or tribal governing body error.
49.127
49.127
Food stamp offenses. 49.127(1)(a)
(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under
7 USC 2020 (e) (7).
49.127(1)(d)
(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.
49.127(1)(e)
(e) "Unauthorized person" means a person who is not one of the following:
49.127(1)(e)1.
1. An employe 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.
49.127(1)(e)2.
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.
49.127(2)
(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.
49.127(2m)
(2m) No person may knowingly fail to report changes in income, assets or other facts as required under
7 USC 2015 (c) (1) or regulations issued under that provision.
49.127(3)
(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.
49.127(4)
(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.
49.127(5)
(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.
49.127(6)
(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.
49.127(7)
(7) No person may knowingly alter food coupons.
49.127(8)(a)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.127(8)(a)2.
2. If the value of the food coupons exceeds $100, a person who violates this section may be fined not more than $10,000 or imprisoned not more than 5 years or both.
49.127(8)(b)
(b) For a 2nd or subsequent offense under this section:
49.127(8)(b)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.127(8)(b)2.
2. If the value of the food coupons exceeds $100, a person who violates this section may be fined not more than $10,000 or imprisoned not more than 5 years or both.
49.127(8)(d)
(d) In addition to the penalties applicable under
par. (a) or
(b), the court may suspend a person who violates this section from participation in the food stamp program up to 18 months. 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.
49.127 History
History: 1987 a. 27,
399.
49.129
49.129
Electronic benefit transfer. 49.129(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029 or, if the department determines that the food stamp program no longer exists, a nutrition program that the department determines is a successor to the food stamp program.
49.129(2)(a)(a) The department shall request any necessary authorization from the secretary of the federal department of agriculture to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system.
49.129(2)(b)1.1. Except as provided in
subd. 2. and
sub. (8), if the necessary authorization under
par. (a) is granted, the department shall begin to implement, no later than July 1, 1999, a program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system and shall implement the program statewide no later than April 1, 2000. All suppliers, as defined in
s. 49.127 (1) (d), may participate in the delivery of food stamp 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 benefits under the electronic benefit transfer system.
49.129(2)(b)2.
2. The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.129(2)(b)2.a.
a. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.129(3)(a)(a) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department, other than food stamp benefits, to recipients of benefits by an electronic benefit transfer system.
49.129(3)(b)
(b) If the necessary authorization under
par. (a) is granted, and except as provided in
sub. (8), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
49.129(4)
(4) Duties; implementation. In implementing a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.129(4)(a)
(a) Consult with members of the following groups:
49.129(4)(a)4.
4. Appropriate county, state and tribal governing body employes.
49.129(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.129(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.129(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
