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AB56-ASA1-AA2,30,18 1781. Page 434, line 3: delete the material beginning with that line and ending
18with page 445, line 17, and substitute:
AB56-ASA1-AA2,30,20 19 Section 1896b. 253.06 (1) (a) of the statutes is renumbered 253.06 (1) (am)
20and amended to read:
AB56-ASA1-AA2,30,2421 253.06 (1) (am) “Authorized Approved food" means food identified by the
22department as an authorized food in accordance with 7 CFR 246.10 as acceptable for
23use under the federal special supplemental food nutrition program for women,
24infants and children under 42 USC 1786.
AB56-ASA1-AA2,1897b
1Section 1897b. 253.06 (1) (ag) of the statutes is created to read:
AB56-ASA1-AA2,31,52 253.06 (1) (ag) “Alternate participant” means a person who has been
3authorized by a participant to request benefits, participate in nutrition education,
4bring an infant or child to a Women, Infants, and Children program appointment,
5and have access to information in the participant's file.
AB56-ASA1-AA2,1898b 6Section 1898b. 253.06 (1) (b) of the statutes is repealed.
AB56-ASA1-AA2,1899b 7Section 1899b. 253.06 (1) (br) of the statutes is created to read:
AB56-ASA1-AA2,31,118 253.06 (1) (br) “Cardholder” means a participant; alternate participant;
9parent, legal guardian, or caretaker of a participant; or another person in possession
10of a Women, Infants, and Children program electronic benefit transfer card and the
11personal identification number for the card.
AB56-ASA1-AA2,1900b 12Section 1900b. 253.06 (1) (c) of the statutes is repealed.
AB56-ASA1-AA2,1901b 13Section 1901b. 253.06 (1) (cm) of the statutes is amended to read:
AB56-ASA1-AA2,31,1614 253.06 (1) (cm) “Food Direct distribution center" means an entity, other than
15a vendor, that is under contract with the department under sub. (3m) to distribute
16authorized approved food to participants.
AB56-ASA1-AA2,1902b 17Section 1902b. 253.06 (1) (cp), (cr), (ct) and (cv) of the statutes are created to
18read:
AB56-ASA1-AA2,31,2119 253.06 (1) (cp) “Electronic benefit transfer” means a method that permits
20electronic access to Women, Infants, and Children program benefits using a device,
21approved by the department, with payments made in accordance with ch. 410.
AB56-ASA1-AA2,31,2522 (cr) “Food instrument” means a voucher, check, electronic benefit transfer card,
23electronic benefit transfer card number and personal identification number, coupon,
24or other method used by a participant to obtain Women, Infants, and Children
25program approved foods.
AB56-ASA1-AA2,32,2
1(ct) “Infant formula supplier” means a wholesaler, distributor, retailer, or
2manufacturer of infant formula.
AB56-ASA1-AA2,32,63 (cv) “Local agency” means an entity that has a contract with the department
4to provide services under the Women, Infants, and Children program such as
5eligibility determination, benefit issuance, and nutritional counseling for
6participants.
AB56-ASA1-AA2,1903b 7Section 1903b. 253.06 (1) (dm) of the statutes is repealed.
AB56-ASA1-AA2,1904b 8Section 1904b. 253.06 (1) (dr) and (dv) of the statutes are created to read:
AB56-ASA1-AA2,32,119 253.06 (1) (dr) “Summary suspension” means an emergency action taken by the
10department to suspend an authorization under the Women, Infants, and Children
11program.
AB56-ASA1-AA2,32,1212 (dv) “Trafficking” means doing any of the following:
AB56-ASA1-AA2,32,1513 1. Buying, selling, stealing, or otherwise exchanging for cash or consideration
14other than approved food Women, Infants, and Children program food instruments
15or benefits that are issued and accessed via a food instrument.
AB56-ASA1-AA2,32,1716 2. Exchanging firearms, ammunition, explosives, or controlled substances, as
17defined in 21 USC 802, for a food instrument.
AB56-ASA1-AA2,32,1918 3. Intentionally purchasing and reselling for cash or consideration other than
19approved food a product that is purchased with a food instrument.
AB56-ASA1-AA2,32,2120 4. Intentionally purchasing with cash or consideration other than approved
21food a product that was originally purchased with a food instrument.
AB56-ASA1-AA2,1905b 22Section 1905b. 253.06 (1) (e) of the statutes is amended to read:
AB56-ASA1-AA2,32,2523 253.06 (1) (e) “Vendor" means a grocery store or pharmacy that sells authorized
24person that operates one or more stores or pharmacies authorized by the department
25under sub. (3) to provide approved foods under a retail
food delivery system.
AB56-ASA1-AA2,1906b
1Section 1906b. 253.06 (1) (f) of the statutes is repealed.
AB56-ASA1-AA2,1907b 2Section 1907b. 253.06 (1) (g) of the statutes is created to read:
AB56-ASA1-AA2,33,53 253.06 (1) (g) “Women, Infants, and Children program” means the federal
4special supplemental nutrition program for women, infants and children under 42
5USC 1786
and this section.
AB56-ASA1-AA2,1908b 6Section 1908b. 253.06 (1m) of the statutes is created to read:
AB56-ASA1-AA2,33,97 253.06 (1m) Program administration. (a) The department may identify an
8alternate participant as the Women, Infants, and Children program cardholder for
9purposes of electronic administration of the Women, Infants, and Children program.
AB56-ASA1-AA2,1909b 10Section 1909b. 253.06 (3) (a) (intro.) of the statutes is amended to read:
AB56-ASA1-AA2,33,1211 253.06 (3) (a) (intro.) The department may authorize a vendor to accept drafts
12only if the vendor meets all of the following conditions:
AB56-ASA1-AA2,1910b 13Section 1910b. 253.06 (3) (a) 5. of the statutes is created to read:
AB56-ASA1-AA2,33,2014 253.06 (3) (a) 5. The vendor has an electronic benefit transfer-capable cash
15register system or payment device, approved by the department, that is able to
16accurately and securely obtain Women, Infants, and Children program food balances
17associated with the electronic benefit transfer card, maintain the necessary
18electronic files such as the approved food list, successfully complete Women, Infants,
19and Children program electronic benefit transfer purchases, and process Women,
20Infants, and Children program electronic benefit transfer payments.
AB56-ASA1-AA2,1911b 21Section 1911b. 253.06 (3) (bg) of the statutes is amended to read:
AB56-ASA1-AA2,33,2522 253.06 (3) (bg) The department may limit the number of vendors that it
23authorizes under this subsection if the department determines that the number of
24vendors already authorized under this subsection is sufficient to permit participants
25to obtain authorized approved food conveniently.
AB56-ASA1-AA2,1912b
1Section 1912b. 253.06 (3) (c) of the statutes is amended to read:
AB56-ASA1-AA2,34,42 253.06 (3) (c) The department may not redeem drafts food instruments only
3when
submitted by a person who is not an authorized vendor under this subsection
4except as provided in sub. (3m).
AB56-ASA1-AA2,1913b 5Section 1913b. 253.06 (3) (d) of the statutes is created to read:
AB56-ASA1-AA2,34,106 253.06 (3) (d) Each store operated by a business entity is a separate vendor for
7purposes of this section and is required to have a single, fixed location, except when
8the authorization of mobile stores is necessary to meet special needs in accordance
9with 7 CFR 246.4 (1) (14) (xiv). The department shall require that each store be
10authorized as a vendor separately from other stores operated by the business entity.
AB56-ASA1-AA2,1914b 11Section 1914b. 253.06 (3m) (title) and (a) (intro.) of the statutes are amended
12to read:
AB56-ASA1-AA2,34,1613 253.06 (3m) (title) Food Direct distribution centers. (a) (intro.) The
14department may contract for an alternative system of authorized approved food
15distribution with an entity other than a vendor only if the entity meets all of the
16following requirements:
AB56-ASA1-AA2,1915b 17Section 1915b. 253.06 (3m) (a) 4. of the statutes is created to read:
AB56-ASA1-AA2,34,2418 253.06 (3m) (a) 4. The entity has an electronic benefit transfer-capable cash
19register system or payment device, approved by the department, that is able to
20accurately and securely obtain Women, Infants, and Children program food balances
21associated with the electronic benefit transfer card, maintain the necessary files,
22successfully complete Women, Infants, and Children program electronic benefit
23transfer purchases, and process Women, Infants, and Children program electronic
24benefit transfer payments.
AB56-ASA1-AA2,1916b 25Section 1916b. 253.06 (3m) (b) of the statutes is amended to read:
AB56-ASA1-AA2,35,3
1253.06 (3m) (b) The department shall redeem valid drafts may process a
2payment if
submitted by a food direct distribution center that is authorized by the
3department under this subsection
.
AB56-ASA1-AA2,1917b 4Section 1917b. 253.06 (4) (a) 1. of the statutes is amended to read:
AB56-ASA1-AA2,35,65 253.06 (4) (a) 1. Accept drafts or submit drafts a food instrument or submit a
6request
to the department for redemption without authorization.
AB56-ASA1-AA2,1918b 7Section 1918b. 253.06 (4) (a) 2. of the statutes is repealed.
AB56-ASA1-AA2,1919b 8Section 1919b. 253.06 (4) (a) 2m. of the statutes is created to read:
AB56-ASA1-AA2,35,99 253.06 (4) (a) 2m. Engage in trafficking.
AB56-ASA1-AA2,1920b 10Section 1920b. 253.06 (4) (a) 3. to 4. of the statutes are amended to read:
AB56-ASA1-AA2,35,1311 253.06 (4) (a) 3. Accept a draft food instrument other than in exchange for
12authorized approved food that is provided by the person selected by the electronic
13benefit transfer cardholder
.
AB56-ASA1-AA2,35,1614 3m. Provide authorized approved food or other commodities to a participant
15or proxy
an electronic benefit transfer cardholder in exchange for a draft food
16instrument
accepted by a 3rd party.
AB56-ASA1-AA2,35,1817 4. Enter on a draft Submit a payment request for a dollar amount that is higher
18than the actual retail price of the item for which the draft a food instrument was used.
AB56-ASA1-AA2,1921b 19Section 1921b. 253.06 (4) (a) 5. of the statutes is repealed.
AB56-ASA1-AA2,1922b 20Section 1922b. 253.06 (4) (a) 5m. of the statutes is created to read:
AB56-ASA1-AA2,35,2221 253.06 (4) (a) 5m. Confiscate a food instrument or ask for or enter the electronic
22benefit transfer cardholder's personal identification number.
AB56-ASA1-AA2,1923b 23Section 1923b. 253.06 (4) (a) 6. and 8. of the statutes are repealed.
AB56-ASA1-AA2,1924b 24Section 1924b. 253.06 (4) (a) 9. of the statutes is amended to read:
AB56-ASA1-AA2,36,4
1253.06 (4) (a) 9. Submit for redemption a draft Provide to someone other than
2the department a food instrument; a Women, Infants, and Children program
3electronic benefit transfer card; or food purchased with a food instrument for
4something of value
.
AB56-ASA1-AA2,1925b 5Section 1925b. 253.06 (4) (a) 10. of the statutes is repealed.
AB56-ASA1-AA2,1926b 6Section 1926b. 253.06 (5) (a) 1. and 2. of the statutes are amended to read:
AB56-ASA1-AA2,36,97 253.06 (5) (a) 1. Minimum qualification standards for the authorization of
8vendors and infant formula suppliers and for the awarding of a contract to an entity
9under sub. (3m).
AB56-ASA1-AA2,36,1110 2. Standards of operation for authorized vendors and infant formula suppliers
11and food direct distribution centers, including prohibited practices.
AB56-ASA1-AA2,1927b 12Section 1927b. 253.06 (5) (b) 1. to 3. of the statutes are amended to read:
AB56-ASA1-AA2,36,1413 253.06 (5) (b) 1. Denial of the application to be a participant or authorized
14vendor or infant formula supplier.
AB56-ASA1-AA2,36,1715 2. Suspension Summary suspension or termination of authorization for an
16authorized vendor or infant formula supplier or, in the case of a food direct
17distribution center, termination of the contract.
AB56-ASA1-AA2,36,1918 3. Disqualification from the program under this section for a vendor, infant
19formula supplier, or
participant.
AB56-ASA1-AA2,1928b 20Section 1928b. 253.06 (5) (b) 6. to 8. of the statutes are created to read:
AB56-ASA1-AA2,36,2121 253.06 (5) (b) 6. Civil monetary penalty.
AB56-ASA1-AA2,36,2222 7. Warning letter.
AB56-ASA1-AA2,36,2323 8. Implementation of a corrective action plan.
AB56-ASA1-AA2,1929b 24Section 1929b. 253.06 (5) (d) (intro.) and 6. of the statutes are amended to
25read:
AB56-ASA1-AA2,37,10
1253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided
2for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement
3assessment provided for under par. (c). If the department determines that a
4forfeiture, recoupment or enforcement assessment should be levied, or that
5authorization or eligibility should be summarily suspended or terminated, for a
6particular violation or for failure to correct it, the department shall send a notice of
7assessment, summary suspension or termination to the vendor, food infant formula
8supplier, direct
distribution center or participant. The notice shall inform the
9vendor, food infant formula supplier, direct distribution center or participant of the
10right to a hearing under sub. (6) and shall specify all of the following:
AB56-ASA1-AA2,37,1311 6. If applicable, that the suspension or termination of authorization of the
12vendor or eligibility of the participant is
effective beginning on the 15th day after
13receipt
date of the notice of summary suspension or termination.
AB56-ASA1-AA2,1930b 14Section 1930b. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
15amended to read:
AB56-ASA1-AA2,37,1916 253.06 (5) (e) 1. The suspension or termination of authorization of a vendor,
17infant formula supplier, or direct distribution center
or eligibility of a participant
18shall be effective beginning on the 15th day after receipt of the notice of suspension
19or
termination.
AB56-ASA1-AA2,38,3 202. All forfeitures, recoupments, and enforcement assessments shall be paid to
21the department within 15 days after receipt of notice of assessment or, if the
22forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
23within 10 days after receipt of the final decision after exhaustion of administrative
24review, unless the final decision is adverse to the department or unless the final
25decision is appealed and the decision is stayed by court order under sub. (7). The

1department shall remit all forfeitures paid to the secretary of administration for
2deposit in the school fund. The department shall deposit all enforcement
3assessments in the appropriation under s. 20.435 (1) (gr).
AB56-ASA1-AA2,1931b 4Section 1931b. 253.06 (5) (e) 3. of the statutes is created to read:
AB56-ASA1-AA2,38,75 253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant
6formula supplier, or direct distribution center shall be effective immediately upon
7receipt of the notice under par. (d).
AB56-ASA1-AA2,1932b 8Section 1932b. 253.06 (6) (b) of the statutes is amended to read:
AB56-ASA1-AA2,38,249 253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment
10or enforcement assessment, a denial, suspension or termination of authorization, a
11civil monetary penalty assessed in lieu of disqualification, a summary suspension,

12or a suspension or termination of eligibility by sending a written request for hearing
13under s. 227.44 to the division of hearings and appeals in the department of
14administration within 10 days after the receipt of the notice issued under sub. (3)
15(bm) or (5) (d). The administrator of the division of hearings and appeals may
16designate a hearing examiner to preside over the case and recommend a decision to
17the administrator under s. 227.46. The decision of the administrator of the division
18of hearings and appeals shall be the final administrative decision. The division of
19hearings and appeals shall commence the hearing and issue a final decision within
2060 days after receipt of the request for hearing unless all of the parties consent to a
21later date. Proceedings before the division of hearings and appeals are governed by
22ch. 227. In any petition for judicial review of a decision by the division of hearings
23and appeals, the department, if not the petitioner who was in the proceeding before
24the division of hearings and appeals, shall be the named respondent.
AB56-ASA1-AA2,1933b 25Section 1933b. 253.06 (8) of the statutes is amended to read:
AB56-ASA1-AA2,39,4
1253.06 (8) Inspection of premises. The department may visit and inspect each
2authorized vendor and infant formula supplier and each food direct distribution
3center, and for such purpose shall be given unrestricted access to the premises
4described in the authorization or contract.
AB56-ASA1-AA2,1934b 5Section 1934b. 253.06 (9) and (10) of the statutes are created to read:
AB56-ASA1-AA2,39,106 253.06 (9) Confidentiality of applicant and participant information. (a) Any
7information about an applicant or participant, whether it is obtained from the
8applicant or participant or another source or is generated as a result of application
9for the Women, Infants, and Children program, that identifies the applicant or
10participant or a family member of the applicant or participant is confidential.
AB56-ASA1-AA2,39,2011 (b) Except as explicitly permitted under this section, the department shall
12restrict the use and disclosure of confidential applicant and participant information
13to any person directly connected with the administration or enforcement of the
14Women, Infants, and Children program that the department determines has a need
15to know the information for Women, Infants, and Children program purposes.
16Persons who may be allowed to access confidential information under this paragraph
17include personnel from the local agencies, persons under contract with the
18department to perform research regarding the Women, Infants, and Children
19program, and persons that are investigating or prosecuting Women, Infants, and
20Children program violations of federal, state, or local law.
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