49.79(1m)
(1m) Welfare recipient. An individual who is a recipient under the food stamp program is considered to be a welfare recipient for purposes of
21 USC 862b.
49.79(2)
(2) Denial of eligibility. An individual who fails to comply with the work requirements of the employment and training program under
sub. (9) is ineligible to participate in the food stamp program as specified under
sub. (9) (b).
49.79 Cross-reference
Cross-reference: See also ch.
DHS 252, Wis. adm. code.
49.79(3)
(3) Liability for lost food coupons. 49.79(3)(a)(a) A county, multicounty consortium, or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's, consortium's, or tribe's direct control, except as provided in
par. (b).
49.79(3)(b)
(b) A county, multicounty consortium, 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.
49.79(3)(c)
(c) A county, multicounty consortium, or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or counties that are in the multicounty consortium or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.
49.79(4)
(4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county, multicounty consortium, or federally recognized American Indian tribe is liable under
sub. (3) from the payment to the county, multicounty consortium, or tribe under income maintenance contracts under
s. 49.78 and reimburse the federal government from the funds withheld.
49.79(5)(a)(a) The department shall require an applicant for, or recipient under, the food stamp 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 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.
49.79(5)(b)
(b) If an individual whose needs are not considered under
par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under
par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.79(6)
(6) Ineligibility for fugitive felons. No person is eligible for the food stamp 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.
49.79(7)
(7) Simplified food stamp program. The department shall develop a simplified food stamp 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.
49.79(7c)
(7c) Reduction of benefits to pay cost of replacement cards. 49.79(7c)(a)(a) If a recipient under the food stamp program requests replacement of a lost or stolen electronic benefit transfer card, the department shall deduct from the recipient's benefit account the allowable costs incurred by the state, as determined by the department, to replace the lost or stolen electronic benefit transfer card. Amounts deducted under this paragraph shall be transferred to the appropriation account under
s. 20.435 (4) (jd).
49.79(7c)(b)
(b) The department shall inform the food and nutrition service of the federal department of agriculture of its plan to implement the policy under
par. (a). The plan shall specify how the department intends to account for card replacement fees and shall identify the replacement threshold, frequency, and circumstances in which the fee will be applicable.
49.79(8)
(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 benefits for qualified aliens are required by the federal government.
49.79(8m)
(8m) Applicants from correctional institutions. 49.79(8m)(a)(a) The department shall allow a prisoner who is applying for the food stamp 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.
49.79(8m)(b)
(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 program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp program.
49.79(9)
(9) Employment and training program. 49.79(9)(a)1.1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under
ss. 46.215,
46.22, and
46.23, multicounty consortia, local workforce development boards established under
29 USC 2832, tribal governing bodies, or other organizations to carry out the administrative functions. A county department, multicounty consortium, local workforce development board, tribal governing body, or other organization 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.
49.79(9)(a)2.
2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child under the age of 6 to participate in any employment and training program under this subsection.
49.79(9)(a)3.
3. 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 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.
49.79(9)(a)4.
4. 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 under
s. 49.148.
49.79(9)(a)5.
5. A participant in an employment and training program under this subsection administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this subsection administered by a Wisconsin Works agency or another provider is an employee of the Wisconsin Works agency or other provider for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.79(9)(b)
(b) Except as provided in
par. (c), an individual who fails to comply with the work requirements under
par. (a) without good cause is ineligible to participate in the food stamp program as follows:
49.79(9)(b)1.
1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under
par. (a), whichever is later.
49.79(9)(b)2.
2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under
par. (a), whichever is later.
49.79(9)(b)3.
3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under
par. (a), whichever is later.
49.79(9)(c)
(c) If the department implements a policy under
sub. (10),
par. (b) does not apply to an individual who is required to fulfill the work requirement under
sub. (10) (a).
49.79(9)(d)1.1. The department shall promulgate rules to develop and implement a drug screening, testing, and treatment policy to screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for use of a controlled substance without a valid prescription for the controlled substance. The policy shall include at least all of the following elements:
49.79(9)(d)1.b.
b. If a participant tests negative for use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the department that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this paragraph.
49.79(9)(d)1.c.
c. If a participant tests positive for use of a controlled substance for which he or she does not have a valid prescription, then the individual must participate in substance abuse treatment to remain eligible for the employment and training program.
49.79(9)(d)1.d.
d. While participating in treatment, an individual who has tested positive for the use of a controlled substance without a valid prescription for the controlled substance shall submit to random testing for the use of a controlled substance, and the test results must be negative, or positive with evidence of a valid prescription, in order for the individual to remain eligible for the employment and training program under this subsection. If a test result is positive and the individual does not have a valid prescription for the controlled substance for which the individual tests positive, the individual may begin treatment again one time and will remain eligible for the employment and training program. If the individual completes treatment and tests negative for use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the department that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse screening and testing requirements under this paragraph.
49.79(9)(d)2.
2. Subject to the promulgation of rules under
subd. 1., the department shall screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for illegal use of a controlled substance without a valid prescription for the controlled substance.
49.79(10)
(10) Eligibility and work requirements for able-bodied adults. 49.79(10)(a)(a) The department may implement a policy that complies with
7 CFR 273.24. If the department implements a policy under this paragraph, all of the following apply:
49.79(10)(a)1.
1. The department shall require an able-bodied adult who is participating in the food stamp program to fulfill the work requirement defined under
7 CFR 273.24 (a) (1).
49.79(10)(a)2.
2. If an able-bodied adult does not fulfill the work requirement, the department may limit the able-bodied adult's eligibility for food stamps to no more than 3 months during a 3-year period.
49.79(10)(a)3.
3. The department may exempt up to 15 percent of the able-bodied adults who are participating in the food stamp program from the time limit under
subd. 2.
49.79(10)(b)
(b) If the department determines that a waiver, or an amendment to a waiver, is necessary to implement a policy that complies with
7 CFR 273.24, the department shall request the waiver or the amendment to the waiver from the federal department of agriculture to permit the department to implement a policy that complies with
7 CFR 273.24 as provided under this subsection.
49.793
49.793
Recovery of food stamps. 49.793(1)
(1) The department or a county, a multicounty consortium, as defined in
s. 49.78 (1) (br), 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. Recovery shall be made in accordance with
7 USC 2022.
49.793(2)(a)(a) Except as provided in
par. (b), a county, multicounty consortium, as defined in
s. 49.78 (1) (br), 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, multicounty consortium, or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county, multicounty consortium, or governing body may retain. This paragraph does not apply to recovery of an overpayment that was made as a result of state, county, multicounty consortium, or tribal governing body error.
49.793(2)(b)
(b) Any amount that Milwaukee County would otherwise be entitled to retain under
par. (a) for the recovery of an overpayment due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under
s. 20.435 (4) (L).
49.793 History
History: 2001 a. 16 ss.
1656ty,
1656tym; Stats. 2001 s. 49.793;
2009 a. 15;
2011 a. 32.
49.796
49.796
Food stamp reinstatement. A person may apply to a multicounty consortium, as defined in
s. 49.78 (1) (br), or a federally recognized American Indian tribal governing body or, if the person is a supplier, as defined in
s. 946.92 (1) (d), to the federal department of agriculture for reinstatement of benefits following a period of suspension imposed under
s. 946.92, if the suspension is not permanent.
49.796 History
History: 2013 a. 226 s.
43; Stats. 2013 s. 49.796.
49.797
49.797
Electronic benefit transfer. 49.797(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.
49.797(2)(a)(a) Notwithstanding
s. 46.028 and except as provided in
par. (b) and
sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in
s. 946.92 (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.
49.797(2)(b)
(b) The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.797(2)(b)1.
1. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.797(4)
(4) Duties. In administering a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.797(4)(a)
(a) Consult with members of the following groups:
49.797(4)(a)4.
4. Appropriate county, state and tribal governing body employees.
49.797(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.
49.797(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.797(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.797(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.797(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.797(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.797(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.797(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.797(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.797(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.797(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.797(8)
(8) County participation; exception. The department may not require a multicounty consortium, as defined in
s. 49.78 (1) (br), or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the multicounty consortium or tribal governing body would be greater than the costs that the multicounty consortium or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.797 History
History: 2001 a. 16 ss.
1656u to
1656ue,
1656uj to
1656ut; Stats. 2001 s. 49.797;
2009 a. 28;
2011 a. 32;
2013 a. 226.
49.797 Cross-reference
Cross-reference: See also ch.
DHS 252, Wis. adm. code.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health services, the department of children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
