9,1917
Section
1917. 253.06 (4) (a) 1. of the statutes is amended to read:
253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a request to the department for redemption without authorization.
9,1918
Section
1918. 253.06 (4) (a) 2. of the statutes is repealed.
9,1919
Section
1919. 253.06 (4) (a) 2m. of the statutes is created to read:
253.06 (4) (a) 2m. Engage in trafficking.
9,1920
Section
1920. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
253.06 (4) (a) 3. Accept a draft
food instrument other than in exchange for authorized approved food that is provided by the person selected by the electronic benefit transfer cardholder.
3m. Provide authorized approved food or other commodities to a participant or proxy an electronic benefit transfer cardholder in exchange for a draft
food instrument accepted by a 3rd party.
4. Enter on a draft Submit a payment request for a dollar amount that is higher than the actual retail price of the item for which the draft a food instrument was used.
9,1921
Section
1921. 253.06 (4) (a) 5. of the statutes is repealed.
9,1922
Section
1922. 253.06 (4) (a) 5m. of the statutes is created to read:
253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic benefit transfer cardholder's personal identification number.
9,1923
Section
1923. 253.06 (4) (a) 6. and 8. of the statutes are repealed.
9,1924
Section
1924. 253.06 (4) (a) 9. of the statutes is amended to read:
253.06 (4) (a) 9. Submit for redemption a draft Provide to someone other than the department a food instrument; a Women, Infants, and Children program electronic benefit transfer card; or food purchased with a food instrument for something of value.
9,1925
Section
1925. 253.06 (4) (a) 10. of the statutes is repealed.
9,1926
Section
1926. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
253.06 (5) (a) 1. Minimum qualification standards for the authorization of vendors and infant formula suppliers and for the awarding of a contract to an entity under sub. (3m).
2. Standards of operation for authorized vendors and infant formula suppliers and food direct distribution centers, including prohibited practices.
9,1927
Section
1927. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
253.06 (5) (b) 1. Denial of the application to be a participant or authorized vendor or infant formula supplier.
2. Suspension Summary suspension or termination of authorization for an authorized vendor or infant formula supplier or, in the case of a food direct distribution center, termination of the contract.
3. Disqualification from the program under this section for a vendor, infant formula supplier, or participant.
9,1928
Section
1928. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
253.06 (5) (b) 6. Civil monetary penalty.
7. Warning letter.
8. Implementation of a corrective action plan.
9,1929
Section
1929. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:
253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement assessment provided for under par. (c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be summarily suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, summary suspension or termination to the vendor, food
infant formula supplier, direct distribution center or participant. The notice shall inform the vendor, food infant formula supplier, direct distribution center or participant of the right to a hearing under sub. (6) and shall specify all of the following:
6. If applicable, that the suspension or termination of authorization of the vendor or eligibility of the participant is effective beginning on the 15th day after receipt date of the notice of summary suspension or termination.
9,1930
Section
1930. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and amended to read:
253.06 (5) (e) 1. The suspension or termination of authorization of a vendor, infant formula supplier, or direct distribution center or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination.
2. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).
9,1931
Section
1931. 253.06 (5) (e) 3. of the statutes is created to read:
253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant formula supplier, or direct distribution center shall be effective immediately upon receipt of the notice under par. (d).
9,1932
Section
1932. 253.06 (6) (b) of the statutes is amended to read:
253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization
, a civil monetary penalty assessed in lieu of disqualification, a summary suspension, or a suspension or termination of eligibility by sending a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub. (3) (bm) or (5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent.
9,1933
Section
1933. 253.06 (8) of the statutes is amended to read:
253.06 (8) Inspection of premises. The department may visit and inspect each authorized vendor and infant formula supplier and each food direct distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.
9,1934
Section
1934. 253.06 (9) and (10) of the statutes are created to read:
253.06 (9) Confidentiality of applicant and participant information. (a) Any information about an applicant or participant, whether it is obtained from the applicant or participant or another source or is generated as a result of application for the Women, Infants, and Children program, that identifies the applicant or participant or a family member of the applicant or participant is confidential.
(b) Except as explicitly permitted under this section, the department shall restrict the use and disclosure of confidential applicant and participant information to any person directly connected with the administration or enforcement of the Women, Infants, and Children program that the department determines has a need to know the information for Women, Infants, and Children program purposes. Persons who may be allowed to access confidential information under this paragraph include personnel from the local agencies, persons under contract with the department to perform research regarding the Women, Infants, and Children program, and persons that are investigating or prosecuting Women, Infants, and Children program violations of federal, state, or local law.
(c) The department or any local agency may use or disclose to public organizations confidential applicant and participant information for the administration of other programs that serve individuals eligible for the Women, Infants, and Children program in accordance with 7 CFR 246.26 (h).
(d) Staff of the department and local agencies who are required by state law to report known or suspected child abuse or neglect may disclose confidential applicant and participant information without the consent of the participant or applicant to the extent necessary to comply with the law.
(e) Except in the case of subpoenas or search warrants, the department and local agencies may disclose confidential applicant and participant information to individuals or entities not listed in this section only if the affected applicant or participant signs a release form authorizing the disclosure and specifying the parties to which the information may be disclosed. The department or local agency shall allow applicants and participants to refuse to sign the release form and shall notify the applicant or participant that signing the form is not a condition of eligibility and refusing to sign the form will not affect the applicant's or participant's application or participation in the Women, Infants, and Children program. Release forms authorizing disclosure to private physicians or other health care providers may be included as part of the Women, Infants, and Children program application or certification process. All other requests for applicants or participants to sign voluntary release forms may occur only after the application and certification process is complete.
(f) The department or local agency shall provide to an applicant or participant access to all information he or she has provided to the Women, Infants, and Children program. In the case of an applicant or participant who is an infant or child, the access may be provided to a parent or guardian of the infant or child, assuming that any issues regarding custody or guardianship have been settled. The department or local agency is not required to provide the applicant or participant or parent or guardian of an infant or child applicant or participant access to any other information in the file or record, including documentation of income provided by a 3rd party and staff assessments of an applicant or participant's condition or behavior, unless required by law or unless the information supports a state or local agency decision being appealed under 7 CFR 246.9.
(10) Confidentiality of vendor information. (a) Any information about a vendor, whether it is obtained from the vendor or another source, that individually identifies the vendor except for the vendor's name, address, telephone number, Internet or electronic mail address, store type, and Women, Infants, and Children program authorization status is confidential. The department shall restrict the use or disclosure of confidential vendor information to any of the following:
1. Persons directly connected with the administration or enforcement of the Women, Infants, and Children program or the food stamp program under s. 49.79 that the department determines has a need to know the information for purposes of these programs. These persons may include personnel from local agencies and persons investigating or prosecuting violations of Women, Infants, and Children program or food stamp program federal, state, or local laws.
2. Persons directly connected with the administration or enforcement of any federal or state law or local ordinance. Before releasing information to a state or local entity, the department shall enter into a written agreement with the requesting party specifying that the information cannot be used or redisclosed except for purposes directly connected with the administration or enforcement of the federal or state law or local ordinance.
3. A vendor that is subject to an adverse action under sub. (5), including a claim, to the extent that the confidential information concerns the vendor that is subject to the adverse action and is related to the adverse action.
(b) The department may disclose to all authorized vendors and applicants to be a vendor sanctions that have been imposed on vendors if the disclosure identifies only the vendor's name, address, length of the disqualification or amount of the monetary penalty, and a summary of the reason for the sanction provided in the notice of adverse action under sub. (5). The information under this paragraph may be disclosed only after all administrative and judicial review is exhausted and the department has prevailed regarding the sanction imposed on the vendor or after the time period for requesting administrative and judicial review has expired.
9,1941
Section
1941. 254.151 (intro.) of the statutes is amended to read:
254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (1) (ef), the department shall award
:
(1m) Award the following grants under criteria that the department shall establish in rules promulgated under this section subsection:
9,1942
Section
1942. 254.151 (1) of the statutes is renumbered 254.151 (1m) (a).
9,1943
Section
1943. 254.151 (2) of the statutes is renumbered 254.151 (1m) (b).
9,1944
Section
1944. 254.151 (2m) of the statutes is created to read:
254.151 (2m) Award grants for residential lead hazard abatement and residential lead hazard reduction.
9,1945
Section
1945. 254.151 (3) of the statutes is renumbered 254.151 (1m) (c).
9,1946
Section
1946. 254.151 (4) of the statutes is renumbered 254.151 (1m) (d).
9,1947
Section
1947. 254.151 (5) of the statutes is renumbered 254.151 (1m) (e) and amended to read:
254.151 (1m) (e) To fund any combination of the purposes under subs. (1) pars. (a) to (4) (d).
9,1948
Section
1948. 254.151 (6) of the statutes is renumbered 254.151 (1m) (f).
9,1949
Section
1949. 254.151 (7) of the statutes is renumbered 254.151 (1m) (g).
9,1950
Section
1950. 255.06 (2) (i) of the statutes is amended to read:
255.06 (2) (i) Multiple sclerosis services. Allocate and expend at least up to $60,000 as reimbursement for the provision of multiple sclerosis services to women.
9,1957
Section
1957. 281.59 (4) (a) of the statutes is amended to read:
281.59 (4) (a) The clean water fund program
and the safe drinking water loan program are revenue-producing enterprises or programs, as defined in s. 18.52 (6).
9,1958
Section
1958. 281.59 (4) (am) of the statutes is amended to read:
281.59 (4) (am) Deposits, appropriations or transfers to the environmental improvement fund for the purposes of the clean water fund program or the safe drinking water loan program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 or in accordance with subch. IV of ch. 18 if designated a higher education bond.
9,1959
Section
1959. 281.59 (4) (c) of the statutes is amended to read:
281.59 (4) (c) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (b) or the environmental improvement fund to secure revenue obligations issued under this subsection. The pledge shall provide for the transfer to the environmental improvement fund of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.320 (1) (c) and (u) and (2) (c) and (u) for the purposes of the clean water fund program and the safe drinking water loan program. The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the environmental improvement fund and that the transferred amounts are free of any prior pledge.
9,1960
Section
1960. 281.59 (4) (f) of the statutes is amended to read:
281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.
9,1960b
Section 1960b. 281.59 (9) (a) of the statutes is amended to read:
281.59 (9) (a) A loan approved under the safe drinking water loan program or the land recycling loan program shall be for no longer than 20 years, as determined by the department of administration, be fully amortized not later than 20 years after the original date of the financial assistance agreement, and require the repayment of principal and interest, if any, to begin not later than 12 months after the expected date of completion of the project that it funds, as determined by the department of administration.
9,1960c
Section 1960c. 281.59 (9) (ad) of the statutes is created to read:
281.59 (9) (ad) A loan approved under the safe drinking water loan program shall be fully amortized not later than 30 years after the expected date of completion of the project that it funds, as determined by the department of administration, and require the repayment of principal and interest, if any, to begin not later than 18 months after the expected date of completion of the project that it funds, as determined by the department of administration.
9,1973m
Section 1973m. 283.31 (8) (a), (b) and (c) of the statutes are consolidated, renumbered 283.31 (8) and amended to read:
283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345. (b) Of each fee paid under par. (a), $95, which shall be credited to the appropriation account under s. 20.370 (4) (mi)
(9) (ag). (c) The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (4) (mi) (9) (ag) under par. (b) this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).
9,1980
Section
1980. 301.26 (4) (d) 2. of the statutes is amended to read:
301.26 (4) (d) 2. Beginning on July 1, 2017 2019, and ending on June 30, 2018 2020, the per person daily cost assessment to counties shall be $390 $532 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $390 $532 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
9,1981
Section
1981. 301.26 (4) (d) 3. of the statutes is amended to read:
301.26 (4) (d) 3. Beginning on July 1, 2018 2020, and ending on June 30, 2019 December 31, 2020, the per person daily cost assessment to counties shall be $550 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost assessment to counties shall be $397 $615 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and $397 $615 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
9,1985
Section
1985. 323.29 (3) (a) (intro.) and 1. of the statutes are consolidated, renumbered 323.29 (3) (a) and amended to read:
323.29 (3) (a) The department shall do all of the following: 1. Provide provide staff support for the council and oversight of the development and operation of a statewide public safety interoperable communication system.
9,1986
Section
1986. 323.29 (3) (a) 2. of the statutes is repealed.
9,1986m
Section 1986m. 323.31 of the statutes is amended to read:
323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster if federal disaster assistance is not available for that disaster because the governor's request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.
