WI Stat § 49.79 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 49 - Public assistance and children and family services.|49.79 - Food stamp administration.

49.79  Food stamp administration. (1) Definitions. In this section:(am) “Able-bodied adult" means an individual who is not any of the following:1. Younger than 18 years of age.2. Fifty years of age or older.3. Determined by the department to be medically certified as physically or mentally unfit for employment, as described in 7 CFR 273.24 (c) (2).6. Exempt from the work requirement under the food stamp program, as described in 7 CFR 273.24 (c) (5).7. Pregnant. (ap) “Able-bodied adult without dependents” means an able-bodied adult who is not any of the following:4. A parent of a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.5. Residing in a household that includes a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.(b) “Controlled substance" has the meaning given in 21 USC 802 (6).(bg) “Custodial parent" has the meaning given in s. 49.141 (1) (b).(c) “Food stamp program" means the federal food stamp program under 7 USC 2011 to 2036.(e) “Multicounty consortium" has the meaning given in s. 49.78 (1) (br). (em) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).(f) “Qualified alien" has the meaning given in 8 USC 1641 (b).(g) “Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r). (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.  (1p)  Eligibility; restrictions on certain assets.  (a) In this subsection, “elderly, blind, or disabled individual” has the meaning given for “elderly or disabled member” in 7 USC 2012 (j).(b) To the extent allowed under federal law, an individual who is not an elderly, blind, or disabled individual and who is at least 19 years of age is ineligible to participate in the food stamp program in a month in which any of the following applies:1. The individual owns more than one home.2. The individual owns a primary residence that is worth more than 200 percent of the statewide median home value. In calculating the home value, the value of any agricultural land owned by the individual is excluded.3. The combined equity value of vehicles, except those used for business purposes, owned by the individual is more than $20,000.(c) If the department promulgates a rule establishing a hardship exemption, par. (b) does not apply to an individual who meets the criteria for a hardship exemption. (1r)  Eligibility; asset limit. (a) In this subsection:1. “Elderly, blind, or disabled individual” has the meaning given for “elderly or disabled member” in 7 USC 2012 (j).2. “Household” has the meaning given in 7 USC 2012 (m).3. “Liquid assets” means an individual's financial resources that are cash or can be converted to cash without incurring penalties, excluding the equity value of vehicles or of a home serving as the individual's primary residence. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for the purposes of this subsection.(b) Subject to par. (c), an individual who is not an elderly, blind, or disabled individual is ineligible to participate in the food stamp program in a month in which the household of which the individual is a member has liquid assets of more than $25,000.(c) If necessary, the department shall request a waiver from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves the waiver request, the department may not implement this subsection. (1t)  Financial record matching program.  (a)  Definitions. In this subsection:1. “Account" means a demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.2. “Financial institution" has the meaning given in s. 49.45 (4m) (a) 3.3. “Other individual" means an individual whose resources are required by law to be disclosed to determine the eligibility of an applicant for or recipient of food stamp program benefits.(b)  Matching program and agreements. 1. The department shall operate a financial record matching program under this subsection for the purpose of verifying the assets of applicants for and recipients of food stamp program benefits and other individuals.2. The department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this subsection. An agreement shall require the financial institution to participate in the financial record matching program by electing either the financial institution matching option under par. (c) or the state matching option under par. (d). Any changes to the conditions of the agreement shall be submitted by the financial institution or the department at least 60 days before the effective date of the change. The department shall furnish the financial institution with a signed copy of the agreement.3. The department shall reimburse a financial institution up to $125 per calendar quarter for participating in the financial record matching program under this subsection, except that a financial institution that is also participating in the financial record matching program under s. 49.45 (4m) is eligible for reimbursement under only the program under s. 49.45 (4m).4. To the extent feasible, the information to be exchanged under the matching program shall be provided by electronic data exchange as prescribed by the department in the agreement under subd. 2.(c)  Financial institution matching option. If a financial institution with which the department has an agreement under par. (b) elects the financial institution matching option under this paragraph, all of the following apply:1. At least once each calendar quarter, the department shall provide to the financial institution, in the manner specified in the agreement under par. (b) 2., information regarding applicants for and recipients of food stamp program benefits and other individuals. The information shall include names and social security or other taxpayer identification numbers.2. Based on the information received under subd. 1., the financial institution shall take actions necessary to determine whether any applicant for or recipient of food stamp program benefits or other individual has an ownership interest in an account maintained at the financial institution. If the financial institution determines that an applicant, recipient, or other individual has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the applicant's, recipient's, or other individual's name, address of record, social security number or other taxpayer identification number, and account information. The account information shall include the account number, the account type, the nature of the ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this subdivision shall be provided in the manner specified in the agreement under par. (b) 2. and, to the extent feasible, by an electronic data exchange.(d)  State matching option. If a financial institution with which the department has an agreement under par. (b) elects the state matching option under this paragraph, all of the following apply:1. At least once each calendar quarter, the financial institution shall provide the department with information concerning all accounts maintained at the financial institution. For each account maintained at the financial institution, the financial institution shall notify the department of the name and social security number or other tax identification number of each person having an ownership interest in the account, together with a description of each person's interest. The information required under this subdivision shall be provided in the manner specified in the agreement under par. (b) 2. and, to the extent feasible, by an electronic data exchange.2. The department shall take actions necessary to determine whether any applicant for or recipient of food stamp program benefits or other individual has an ownership interest in an account maintained at the financial institution providing information under subd. 1. Upon the request of the department, the financial institution shall provide to the department, for each applicant, recipient, or other individual who matches information provided by the financial institution under subd. 1., the address of record, the account number and account type, and the balance of the account.(e)  Use of information by financial institution; penalty. A financial institution participating in the financial record matching program under this subsection, and the employees, agents, officers, and directors of the financial institution, may use information received from the department under par. (c) only for the purpose of matching records and may use information provided by the department in requesting additional information under par. (d) only for the purpose of providing the additional information. Neither the financial institution nor any employee, agent, officer, or director of the financial institution may disclose or retain information received from the department concerning applicants for or recipients of food stamp program benefits or other individuals. Any person who violates this paragraph may be fined not less than $50 nor more than $1,000 or imprisoned in the county jail for not less than 10 days or more than one year or both.(f)  Use of information by department. The department may use information provided by a financial institution under this subsection only for matching records under par. (d), for administering the financial record matching program under this subsection, and for determining eligibility or continued eligibility under this subchapter. The department may not disclose or retain information received from a financial institution under this subsection concerning account holders who are not applicants for or recipients of food stamp program benefits or other individuals.(g)  Financial institution liability. A financial institution is not liable to any person for disclosing information to the department under this subsection or for any other action that the financial institution takes in good faith to comply with this subsection. (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). (3)  Liability for lost food coupons.  (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).(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.(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.  (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.  (5)  Drug convictions. (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.(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. (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. (6m)  Eligibility denial; child support noncompliance.  (a) In this subsection, what constitutes a refusal to cooperate is determined by the department in accordance with 7 USC 2015 (l) and (m) and any federal regulations promulgated under 7 USC 2015 (l) and (m).(b) An individual is ineligible to participate in the food stamp program in a month in which any of the following is true:1. The individual satisfies all of the following:a. The individual is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.b. The individual refuses to cooperate fully, in good faith, with efforts directed at establishing or enforcing any support order or obtaining any other payments or property to which that individual or the child may have rights.c. The individual does not have good cause for refusing to cooperate, as determined by the department in accordance with 7 USC 2015 (l) (2) and any federal regulations promulgated under 7 USC 2015 (l) (2).2. The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate in providing or obtaining support for the child. (6q)  Eligibility denial; paternity.  (a) In this subsection, the department shall determine what constitutes a refusal to cooperate in accordance with 7 USC 2015 (l) and (m) and any federal regulations promulgated under 7 USC 2015 (l) and (m).(b) An individual is ineligible to participate in the food stamp program in a month in which any of the following is true:1. The individual satisfies all of the following:a. The individual is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.b. The individual refuses to cooperate fully, in good faith, with applicable efforts directed at establishing the paternity of the child.c. The individual does not have good cause for refusing to cooperate, as determined by the department in accordance with 7 USC 2015 (l) (2) and any federal regulations promulgated under 7 USC 2015 (l) (2).2. The individual is one of the following and refuses to cooperate fully, in good faith, with efforts directed at establishing the paternity of the child:a. Alleged to be the father under s. 767.80 of a child under the age of 18.b. A noncustodial parent of a child under the age of 18 for whom paternity has not been established. (6t)  Eligibility denial; delinquent support. An individual is ineligible to participate in the food stamp program in a month in which the individual is obligated by court order to provide support payments and is delinquent in making those court-ordered payments, unless any of the following is true:(a) The delinquency balance equals less than 3 months of the court-ordered support payment amount.(b) A court or a county child support agency under s. 59.53 (5) is allowing the individual to delay the child support payments.(c) The individual is complying with a payment plan approved by a county child support agency under s. 59.53 (5) to provide support for the child of the individual.(d) The individual is participating in an employment and training program, as determined by the department. (6u)  Implementation of paternity and child support requirements. (a) The department may not implement sub. (6m), (6q), or (6t) unless all of the following are satisfied with respect to that subsection:1. The department of children and families determines that the requirement of the subsection as it pertains to child support and paternity order establishment and compliance is able to be implemented in a way that is substantially state budget neutral in regard to child support fees.2. The department of health services or the department of children and families has obtained any necessary approval from the federal government to implement the subsection in a budget-neutral manner in regard to child support fees.3. The department of health services and the department of children and families have notified the governor and the joint committee on finance that the subsection may be implemented in a budget-neutral manner in regard to child support fees and that all necessary federal approval is obtained.(b) If the criteria under par. (a) for sub. (6m), (6q), or (6t) are satisfied to be implemented, the applicable subsection takes effect on the first day of the 6th month beginning after the date that the department of children and families has made the notification to the governor and the joint committee on finance under par. (a) 3. (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. (7c)  Reduction of benefits to pay cost of replacement cards. (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).(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. (7r)  Healthy eating incentive pilot program.  (a) The department shall establish and implement a 10-month pilot program to provide 2,000 households that are eligible for food stamp program benefits in both urban and rural areas with discounts on fresh produce and other healthy foods at the point-of-sale at participating retailers.(b) The department shall obtain and review proposals to administer the program under par. (a) in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. After reviewing the applications submitted, the department shall select an applicant and enter into a contract with that applicant to administer the program under this subsection. In administering the program, the selected applicant shall do at least all of the following:1. Manage all financial transactions between and among participants, retailers, food manufacturers, and the department.2. Establish an adequate network of participating retailers to effectively conduct the pilot.(c) The department shall contract with an independent research entity to conduct a study of the program established under this subsection. The department shall identify a statistically significant number of participants in the pilot program to provide food purchase, nutritional, and health data to the independent research entity. The research entity shall analyze the efficacy of the pilot program in affecting food purchases and the health of participating families. (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.  (8m)  Applicants from correctional institutions.  (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.(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. (9)  Employment and training program.  (a)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.1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults in this state to participate in the employment and training program under this subsection, except for able-bodied adults who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.1m. If able-bodied adults without dependents are required to participate in the employment and training program under this subsection, the department shall set the required number of hours of participation at the maximum number of hours allowed by the federal government. If the department sets the required number of hours of participation in an employment and training program for able-bodied adults without dependents at the maximum hours allowed by the federal government, the department shall set the same number of required hours of participation in an employment and training program for able-bodied adults with dependents, except as provided in subds. 2. and 3.2. The department may not require an individual who is a recipient under the food stamp program and who is either the caretaker of a child under the age of 6 or a caretaker of a dependent who is disabled, as defined in s. 49.468 (1) (a) 1., to participate in any employment and training program under this subsection.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.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. 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.(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: 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under par. (a), whichever is later.2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under par. (a), whichever is later.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.(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). (d) Subject to s. 49.791, 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. Eligibility for an able-bodied adult to participate in an employment and training program under this subsection is subject to s. 49.791.(f)1. Subject to subd. 3., the department shall create and implement a payment system based on performance for entities described in par. (a) that perform administrative functions for the employment and training program under this subsection. The department shall establish performance outcomes for the payment system under this paragraph based on all of the following criteria:a. The placement of participants of the employment and training program under this subsection into unsubsidized employment.b. Whether the placement under subd. 1. a. is full time or part time.c. The job retention rate, as defined by the department, at periodic intervals after placement of former participants in the employment and training program under this subsection.d. Wages and benefits earned by former participants in the employment and training program under this subsection.e. Appropriate implementation of the employment and training program under this subsection.f. Customer satisfaction.2. The department shall ensure that the payment system under this paragraph does not effect the moneys available for supportive services for participants in the program under this subsection.3. If approval by the U.S. department of agriculture is required to implement the payment system and the U.S. department of agriculture does not approve, the department may not implement the payment system under this paragraph. (10)  Eligibility and work requirements for able-bodied adults without dependents.  (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:1. The department shall require an able-bodied adult without dependents who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).2. If an able-bodied adult without dependents does not fulfill the work requirement, the department may limit the eligibility of the able-bodied adult without dependents for food stamps to no more than 3 months during a 3-year period.3. The department may exempt up to 15 percent of the able-bodied adults without dependents who are participating in the food stamp program from the time limit under subd. 2.(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.  (11)  Treatment of inactive accounts; expungement of unused benefits.  (a) If, for a period of 6 months or longer, an individual or household that is receiving benefits under this section through an electronic benefit transfer system uses no benefits that have been posted to the individual's or household's benefit account, the department shall remove all benefits from the account electronically and store them offline. The benefits being stored offline shall be made available to the individual or household again within 48 hours after a request by the individual or a member of the household to restore the benefits or upon reapplication by the individual or household for benefits under this section, whichever is applicable. The department shall attempt to notify the individual or household before benefits are removed from the account under this paragraph and shall describe the steps that the individual or household must take to get the benefits returned to the account.(b) The department shall expunge any benefits that have not been used after a period of one year, regardless of whether either of the following applies:1. The benefits have been removed from an inactive benefit account under par. (a) and are being stored offline.2. The benefits are still posted to an active account.(c) The department shall seek any necessary approval from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves, the department may not implement this subsection.History:  2001 a. 16 ss. 1656sy to 1656tjk, 1656tjm to 1656tp, 1656tr, 1656ts to 1656tx, 1838sb to 1838td.; Stats 2001 s. 49.79; 2003 a. 33; 2005 a. 25; 2005 a. 443 s. 265; 2007 a. 20 ss. 1397, 1399 to 1407, 1662 to 1669; 2011 a. 32; 2013 a. 20, 168; 2015 a. 55; 2017 a. 59, 263, 264, 266, 269, 370; s. 35.17 correction in (9) (a) 2.