AB56: Bill Text

AB56,971,20 253.06 (4) (a) 2m. Engage in trafficking.

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

AB56,971,24 253.06 (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.

AB56,972,3 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.

AB56,972,5 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.

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 of the statutes is repealed.

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

AB56,972,9 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic benefit transfer cardholder's personal identification number.

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 of the statutes are repealed.

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

AB56,972,15 253.06 (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.

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 of the statutes is repealed.

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

AB56,972,20 253.06 (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).

AB56,972,22 2. Standards of operation for authorized vendors and infant formula suppliers and food direct distribution centers, including prohibited practices.

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

AB56,972,25 253.06 (5) (b) 1. Denial of the application to be a participant or authorized vendor or infant formula supplier.

AB56,973,3 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.

AB56,973,5 3. Disqualification from the program under this section for a vendor, infant formula supplier, or participant.

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

AB56,973,7 253.06 (5) (b) 6. Civil monetary penalty.

AB56,973,8 7. Warning letter.

AB56,973,9 8. Implementation of a corrective action plan.

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

AB56,973,20 253.06 (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:

AB56,973,23 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.

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

AB56,974,4 253.06 (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.

AB56,974,13 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).

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

AB56,974,17 253.06 (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).

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

AB56,975,9 253.06 (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.

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

AB56,975,14 253.06 (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.

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

AB56,975,20 253.06 (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.

AB56,976,5 (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.

AB56,976,9 (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).

AB56,976,13 (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.

AB56,977,2 (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.

AB56,977,13 (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.

AB56,977,19 (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:

AB56,977,25 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.

AB56,978,6 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.

AB56,978,9 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.

AB56,978,17 (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.

AB56,1935 Section 1935. 253.07 (1) (a) 3. of the statutes is created to read:

AB56,978,19 253.07 (1) (a) 3. Pregnancy termination.

AB56,1936 Section 1936. 253.07 (1) (b) 3. of the statutes is created to read:

AB56,978,21 253.07 (1) (b) 3. Pregnancy termination.

AB56,1937 Section 1937 . 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5) (b) and amended to read:

AB56,979,2 253.07 (5) (b) Subject to par. (c), a A public entity that receives women's health funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following:.

AB56,1938 Section 1938 . 253.07 (5) (b) 1. to 3. of the statutes are repealed.

AB56,1939 Section 1939 . 253.07 (5) (c) of the statutes is repealed.

AB56,1940 Section 1940. 253.075 of the statutes is repealed.

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

AB56,979,8 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (1) (ef), the department shall award:

AB56,979,10 (1m) Award the following grants under criteria that the department shall establish in rules promulgated under this section subsection:

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

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

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

AB56,979,15 254.151 (2m) Award grants for residential lead hazard abatement, residential lead hazard reduction, and lead abatement worker training.

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

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

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

AB56,979,21 254.151 (1m) (e) To fund any combination of the purposes under subs. (1) pars. (a) to (4) (d).

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

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

AB56,1950 Section 1950. 255.06 (2) (i) of the statutes is amended to read:

AB56,980,2 255.06 (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.

AB56,1951 Section 1951 . 256.35 (1) (em) of the statutes is amended to read:

AB56,980,6 256.35 (1) (em) “Emergency number system” means any basic system, sophisticated system, or Next Generation 911, as defined in sub. (3s) (a) 3. s. 85.125 (1) (c), regardless of technology platform.

AB56,1952 Section 1952 . 256.35 (3s) (except 256.35 (3s) (a) 1.) of the statutes is renumbered 85.125, and 85.125 (1) (intro.), (e) and (f), (2), (3) and (4) (a), as renumbered, are amended to read:

AB56,980,10 85.125 (1) Definitions. (intro.) In this subsection section:

AB56,980,11 (e) “Service supplier” has the meaning given in sub. s. 256.35 (3) (a) 3.

AB56,980,12 (f) “Service user” has the meaning given in sub. s. 256.35 (3) (a) 4.

AB56,980,18 (2) Emergency services IP network contracts. The department shall invite bids to be submitted under s. 16.75 and, from the appropriation under s. 20.465 (3) 20.395 (5) (qm), contract for the creation, operation, and maintenance of an emergency services IP network that to the greatest extent feasible relies on industry standards and existing infrastructure to provide all public safety answering points with the network necessary to implement Next Generation 911.

AB56,981,2 (3) Existing contracts and charges. (a) The department shall determine the operational date for each county. If a contract under sub. s. 256.35 (3) (b) 3. between a service supplier and a county is in effect immediately before the operational date determined for the county, the contract shall expire on the operational date and, except as provided in subd. 2. par. (b), beginning on the operational date, the service supplier may not bill any service user for a charge levied by the county under sub. s. 256.35 (3) (b) or impose a surcharge approved under sub. s. 256.35 (3) (f). At least 30 days before a contract expires under this subdivision paragraph, the department shall provide written notice of the expiration to the county and service supplier.

AB56,981,8 (b) If a contract terminates under subd. 1. par. (a) before a service supplier has been fully compensated for nonrecurring services described in sub. s. 256.35 (3) (b) 3. a., the service supplier may continue to bill service users for the charge levied by the county under sub. s. 256.35 (3) (b) or impose a surcharge approved under sub. s. 256.35 (3) (f) until the service supplier is fully compensated for those nonrecurring services.

AB56,981,9 (4) (a) Advise the department on the contracts required under par. (b) sub. (2).

AB56,1953 Section 1953 . 256.35 (3s) (a) 1. of the statutes is repealed.

AB56,1954 Section 1954 . 257.01 (5) (a) of the statutes is amended to read:

AB56,981,17 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist or dental therapist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

AB56,1955 Section 1955 . 257.01 (5) (b) of the statutes is amended to read:

AB56,982,2 257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist or dental therapist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB56,1956 Section 1956. 281.54 of the statutes is created to read:

AB56,982,9 281.54 Local pollution control grants in TMDL watersheds. The department shall award grants from the appropriation under s. 20.866 (2) (tj) to municipalities and counties for water pollution control infrastructure projects within watersheds for which a federally approved total maximum daily load under 33 USC 1313 (d) (1) (C) is in effect. The department shall promulgate rules for the administration of the program under this section.