Amendment ASA1-AB56

AB56-ASA1,437,5 253.06 (3) (a) 5. The vendor has an electronic benefit transfer-capable cash register system or payment device, approved by the department, that is able to accurately and securely obtain Women, Infants, and Children program food balances associated with the electronic benefit transfer card, maintain the necessary electronic files such as the approved food list, successfully complete Women, Infants, and Children program electronic benefit transfer purchases, and process Women, Infants, and Children program electronic benefit transfer payments.

AB56-ASA1,1911 Section 1911 . 253.06 (3) (bg) of the statutes is amended to read:

AB56-ASA1,437,10 253.06 (3) (bg) The department may limit the number of vendors that it authorizes under this subsection if the department determines that the number of vendors already authorized under this subsection is sufficient to permit participants to obtain authorized approved food conveniently.

AB56-ASA1,1912 Section 1912 . 253.06 (3) (c) of the statutes is amended to read:

AB56-ASA1,437,14 253.06 (3) (c) The department may not redeem drafts food instruments only when submitted by a person who is not an authorized vendor under this subsection except as provided in sub. (3m).

AB56-ASA1,1913 Section 1913 . 253.06 (3) (d) of the statutes is created to read:

AB56-ASA1,437,20 253.06 (3) (d) Each store operated by a business entity is a separate vendor for purposes of this section and is required to have a single, fixed location, except when the authorization of mobile stores is necessary to meet special needs in accordance with 7 CFR 246.4 (1) (14) (xiv). The department shall require that each store be authorized as a vendor separately from other stores operated by the business entity.

AB56-ASA1,1914 Section 1914 . 253.06 (3m) (title) and (a) (intro.) of the statutes are amended to read:

AB56-ASA1,438,2 253.06 (3m) (title) Food Direct distribution centers. (a) (intro.) The department may contract for an alternative system of authorized approved food distribution with an entity other than a vendor only if the entity meets all of the following requirements:

AB56-ASA1,1915 Section 1915 . 253.06 (3m) (a) 4. of the statutes is created to read:

AB56-ASA1,438,10 253.06 (3m) (a) 4. The entity has an electronic benefit transfer-capable cash register system or payment device, approved by the department, that is able to accurately and securely obtain Women, Infants, and Children program food balances associated with the electronic benefit transfer card, maintain the necessary files, successfully complete Women, Infants, and Children program electronic benefit transfer purchases, and process Women, Infants, and Children program electronic benefit transfer payments.

AB56-ASA1,1916 Section 1916 . 253.06 (3m) (b) of the statutes is amended to read:

AB56-ASA1,438,14 253.06 (3m) (b) The department shall redeem valid drafts may process a payment if submitted by a food direct distribution center that is authorized by the department under this subsection.

AB56-ASA1,1917 Section 1917 . 253.06 (4) (a) 1. of the statutes is amended to read:

AB56-ASA1,438,17 253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a request to the department for redemption without authorization.

AB56-ASA1,1918 Section 1918 . 253.06 (4) (a) 2. of the statutes is repealed.

AB56-ASA1,1919 Section 1919 . 253.06 (4) (a) 2m. of the statutes is created to read:

AB56-ASA1,438,20 253.06 (4) (a) 2m. Engage in trafficking.

AB56-ASA1,1920 Section 1920 . 253.06 (4) (a) 3. to 4. of the statutes are amended to read:

AB56-ASA1,438,24 253.06 (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.

AB56-ASA1,439,3 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.

AB56-ASA1,439,5 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.

AB56-ASA1,1921 Section 1921 . 253.06 (4) (a) 5. of the statutes is repealed.

AB56-ASA1,1922 Section 1922 . 253.06 (4) (a) 5m. of the statutes is created to read:

AB56-ASA1,439,9 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic benefit transfer cardholder's personal identification number.

AB56-ASA1,1923 Section 1923 . 253.06 (4) (a) 6. and 8. of the statutes are repealed.

AB56-ASA1,1924 Section 1924 . 253.06 (4) (a) 9. of the statutes is amended to read:

AB56-ASA1,439,15 253.06 (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.

AB56-ASA1,1925 Section 1925 . 253.06 (4) (a) 10. of the statutes is repealed.

AB56-ASA1,1926 Section 1926 . 253.06 (5) (a) 1. and 2. of the statutes are amended to read:

AB56-ASA1,439,20 253.06 (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).

AB56-ASA1,439,22 2. Standards of operation for authorized vendors and infant formula suppliers and food direct distribution centers, including prohibited practices.

AB56-ASA1,1927 Section 1927 . 253.06 (5) (b) 1. to 3. of the statutes are amended to read:

AB56-ASA1,439,25 253.06 (5) (b) 1. Denial of the application to be a participant or authorized vendor or infant formula supplier.

AB56-ASA1,440,3 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.

AB56-ASA1,440,5 3. Disqualification from the program under this section for a vendor, infant formula supplier, or participant.

AB56-ASA1,1928 Section 1928 . 253.06 (5) (b) 6. to 8. of the statutes are created to read:

AB56-ASA1,440,7 253.06 (5) (b) 6. Civil monetary penalty.

AB56-ASA1,440,8 7. Warning letter.

AB56-ASA1,440,9 8. Implementation of a corrective action plan.

AB56-ASA1,1929 Section 1929 . 253.06 (5) (d) (intro.) and 6. of the statutes are amended to read:

AB56-ASA1,440,20 253.06 (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:

AB56-ASA1,440,23 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.

AB56-ASA1,1930 Section 1930 . 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and amended to read:

AB56-ASA1,441,4 253.06 (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.

AB56-ASA1,441,13 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).

AB56-ASA1,1931 Section 1931 . 253.06 (5) (e) 3. of the statutes is created to read:

AB56-ASA1,441,17 253.06 (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).

AB56-ASA1,1932 Section 1932 . 253.06 (6) (b) of the statutes is amended to read:

AB56-ASA1,442,9 253.06 (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.

AB56-ASA1,1933 Section 1933 . 253.06 (8) of the statutes is amended to read:

AB56-ASA1,442,14 253.06 (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.

AB56-ASA1,1934 Section 1934 . 253.06 (9) and (10) of the statutes are created to read:

AB56-ASA1,442,20 253.06 (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.

AB56-ASA1,443,5 (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.

AB56-ASA1,443,9 (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).

AB56-ASA1,443,13 (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.

AB56-ASA1,444,2 (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.

AB56-ASA1,444,13 (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.

AB56-ASA1,444,19 (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:

AB56-ASA1,444,25 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.

AB56-ASA1,445,6 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 may not be used or redisclosed except for purposes directly connected with the administration or enforcement of the federal or state law or local ordinance.

AB56-ASA1,445,9 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.

AB56-ASA1,445,17 (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.

AB56-ASA1,1941 Section 1941 . 254.151 (intro.) of the statutes is amended to read:

AB56-ASA1,445,20 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (1) (ef), the department shall award:

AB56-ASA1,445,22 (1m) Award the following grants under criteria that the department shall establish in rules promulgated under this section subsection:

AB56-ASA1,1942 Section 1942 . 254.151 (1) of the statutes is renumbered 254.151 (1m) (a).

AB56-ASA1,1943 Section 1943 . 254.151 (2) of the statutes is renumbered 254.151 (1m) (b).

AB56-ASA1,1944 Section 1944 . 254.151 (2m) of the statutes is created to read:

AB56-ASA1,446,2 254.151 (2m) Award grants for residential lead hazard abatement and residential lead hazard reduction.

AB56-ASA1,1945 Section 1945 . 254.151 (3) of the statutes is renumbered 254.151 (1m) (c).

AB56-ASA1,1946 Section 1946 . 254.151 (4) of the statutes is renumbered 254.151 (1m) (d).

AB56-ASA1,1947 Section 1947 . 254.151 (5) of the statutes is renumbered 254.151 (1m) (e) and amended to read:

AB56-ASA1,446,8 254.151 (1m) (e) To fund any combination of the purposes under subs. (1) pars. (a) to (4) (d).

AB56-ASA1,1948 Section 1948 . 254.151 (6) of the statutes is renumbered 254.151 (1m) (f).

AB56-ASA1,1949 Section 1949 . 254.151 (7) of the statutes is renumbered 254.151 (1m) (g).

AB56-ASA1,1949m Section 1949m. 254.25 of the statutes is created to read:

AB56-ASA1,446,13 254.25 Nitrate testing grant program. (1) In this section, “local health department” has the meaning given in s. 250.01 (4).

AB56-ASA1,446,19 (2) (a) From the appropriation under s. 20.435 (1) (ec), subject to subs. (3), (5), and (6), the department shall award grants to private well owners who apply to receive a grant and who satisfy the requirements set forth in this section. The department shall, after subtracting the amount available for distribution to counties under par. (b), reserve one-third of the remaining moneys for grants to applicants given preference under sub. (6).

AB56-ASA1,447,5 (b) From the appropriation under s. 20.435 (1) (ec), the department shall distribute amounts up to a total of $500,000 to counties that apply to participate in the testing program under this section to provide reimbursement for the actual cost of administering the testing and reporting requirements under sub. (4). A county may contract with other counties, with well drillers or pump installers licensed through the department of natural resources under ch. 280, or with plumbers licensed by the department of safety and professional services under s. 145.06 to provide testing services under this section and may use moneys received from the department of health services under this section to ensure reimbursement for its costs or those incurred by other entities with which the county has a contract for testing under this section.

AB56-ASA1,447,12 (3) The department shall, to the extent that funds are available under this section, distribute grants to cover costs described in this subsection, according to a schedule promulgated by the department by rule, subject to a limitation of $2,500 per private well owner. Grant recipients must use grant moneys to cover costs for a private well with a primary purpose of providing potable water for human consumption to either a residential or nonprofit business property. Eligible costs under this section include any of the following:

AB56-ASA1,447,13 (a) Well testing.

AB56-ASA1,447,14 (b) Installation of an appropriate filtration system.

AB56-ASA1,447,16 (c) Repair or replacement of the well with a well that complies with the requirements under s. 281.75 (12).

AB56-ASA1,447,17 (d) Replacement of the water supply.

AB56-ASA1,447,25 (4) A private well owner may make a request to the local health department to have the nitrate levels tested for his or her well. If the well owner's county has chosen to participate in the program under this section, upon a request from a private well owner, the local health department shall provide a list of entities, public or private, that are available to complete the testing. The private well owner may contact any of the available entities on the list provided by the local health department. An available public or private entity that agrees to do the testing for the private well owner shall collect the necessary samples and do all of the following:

AB56-ASA1,448,2 (a) Submit the samples for testing to the state laboratory of hygiene or another state certified laboratory.

AB56-ASA1,448,8 (b) Report the test results to the department and the private well owner, together with a recommendation for one or more of the remediation approaches enumerated under sub. (3) (b) to (d), if appropriate, and, if the test results indicate nitrate levels exceeding 10 parts per million, a statement of the fees charged for testing and a recommendation that the private well owner receive reimbursement for those costs.