Food stamp administration.

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).

An individual who is a recipient under the food stamp program is considered to be a welfare recipient for purposes of 21 USC 862b.

(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.

(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.

(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.

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).

(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.

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.

(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.

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.

(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.

(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.

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.

(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.

(a) Definitions. In this subsection: 1. “Eligibility” means the status of being eligible for purchase through the use of benefits under the food stamp program. 2. “Nonprofit organization” means an organization that is described in section 501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. 3. “Participating retailer” means a retailer that participates in the food stamp program.

(b) Contract for a food stamp platform. Subject to par. (d), the department shall enter into a contract for the development and administration of an electronic platform that has the capacity to do all of the following: 1. Determine whether a universal product code–marked product is eligible for purchase through the use of benefits under the food stamp program, subject to the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture. 2. Contain a centralized database of universal product code–marked products that identifies which products are eligible for purchase through the use of benefits under the food stamp program, based upon the determinations under subd. 1. The centralized database under this subdivision shall have version control and audit functionality. 3. Continuously update the database under subd. 2. with products that become newly commercially available. 4. Continuously update the database under subd. 2. with products that are reformulated. 5. Integrate the database under subd. 2. into point-of-sale systems used by participating retailers. The integration under this subdivision shall allow for automated data synchronization, real-time data checks, batch updates for low-bandwidth or legacy systems, and minimal technical burden for small participating retailers. 6. Include a documented application programming interface, batch file formats, a sandbox environment, and a help desk for small participating retailers. 7. Comply with reporting requirements related to the food stamp program under federal law or an approved waiver of federal law from the U.S. department of agriculture. 8. Track and assess errors in product eligibility determinations by using audit tools and error-trend analysis.

(c) Optional feature. The electronic platform under par. (b) may include a public-facing search function for the database under par. (b) 2.

(d) Contract requirements. 1. The contract under par. (b) shall be a performance-based contract and shall include an approved budget for the development and administration of the electronic platform under par. (b). 2. The department may enter into the contract under par. (b) only with a nonprofit organization that meets all of the following requirements: a. Has a charitable and educational mission that includes support for the retail food industry in this state and research and industry education related to food safety and nutrition in a retail business. b. Demonstrates statewide reach and working relationships with a wide variety of participating retailers, including participating retailers of varying sizes, and point-of-sale system vendors serving retailers in this state. c. Maintains organizational independence and financial controls sufficient to ensure that grant funds awarded under this subsection are not used for lobbying, political activity, or private benefit, and if affiliated with an organization described in section 501 (c) (6) of the Internal Revenue Code, maintains separate boards or committees and separate accounting in accordance with federal law. d. Commits to providing retailer-facing training, technical assistance, and outreach, including by providing materials accessible to small retailers, to support accurate product eligibility classification at the point of sale.

(e) Partnership with technology firm. The nonprofit organization that contracts with the department under par. (b) shall partner with a technology firm that is experienced with this state’s Medical Assistance enterprise data warehouse and data analytics reporting system for the administration of the electronic platform under par. (b).

(f) Reporting required. By no later than September 30 of the fiscal year beginning after the department enters into the contract with the nonprofit organization under par. (b), and annually by no later than September 30 thereafter, the nonprofit organization shall submit a report to the department and the appropriate standing committees of the legislature under s. 13.172 (3) on all of the following information about the electronic platform under par. (b) from the immediately preceding fiscal year: 1. The number of unique universal product codes in the database under par. (b) 2. 2. The number of products added to and removed from the database under par. (b) 2. and the number of products for which the information in the database was updated due to reformulation. 3. The accuracy rate, including false positive and false negative rates, of the platform’s product eligibility determinations. 4. The cycle time to publish additions and updates under par. (b) 3. and 4. to participating retailers. 5. The number and percentage of participating retailers using the platform, disaggregated by all of the following: a. Participating retailers’ store count. b. Whether a participating retailer is independently operated or a part of a chain of retailers. c. Whether a participating retailer is located in an urban or rural setting. 6. Uptime, scheduled and unscheduled outages, incident counts and severities, mean time to resolution, and the results of any cybersecurity testing and 3rd-party risk assessments. 7. The error-trend analysis required under par. (b) 8. for the platform’s errors in product eligibility determinations, including all of the following: a. Any early warnings triggered, corrective actions taken, and the outcomes of those actions. b. A summary of audit trail activity and version control statistics demonstrating a clear historical record of changes. 8. A description of how the platform supported compliance with applicable federal requirements and any approved waiver of federal law from the U.S. department of agriculture, including metrics showing the platform’s contribution to the reduction of improper payments and benefit denials caused by errors in product eligibility determinations. 9. The volume and resolution of participating retailer and point-of-sale system vendor support tickets, a description of training delivered to participating retailers, and the results of any user satisfaction survey conducted by the nonprofit organization. 10. Confirmation of adherence to data governance requirements under state law and any applicable confidentiality requirements under federal law, a summary of any data-sharing agreements in effect, and any privacy incidents and responses. 11. Actual expenditures by major category compared to the approved budget under par. (d) 1. and an explanation of any material variance. 12. The status of any match, cost sharing, or private funds leveraged. 13. A plan for the next fiscal year that does all of the following: a. Identifies improvements to the accuracy and timeliness of product eligibility determinations, participating retailer coverage, and integration with participating retailers’ point-of-sale systems. b. Offers any recommended changes to state statutes or regulations or requests for a waiver of federal law to improve the performance of the electronic platform. 14. The number of manufacturers and producers in this state providing product data, disaggregated by company size and product category. 15. The number and percentage of products in the database under par. (b) 2. that are products produced in this state, including new products and reformulations. 16. A summary of any outreach or technical assistance provided to manufacturers and producers located in this state to support accurate data submission and product eligibility determinations. 17. Any identified trends in product eligibility determination errors involving items produced in this state, including any recommended improvements for manufacturers, producers, or retailers. 18. A description of any coordination with statewide organizations representing food manufacturers, agricultural producers, and participating retailers to improve the accuracy of the database under par. (b) 2. and reduce administrative burden.

(g) Audit required. Beginning in 2031 and at least once every 4 years thereafter, the legislative audit bureau shall conduct a performance evaluation audit of the electronic platform under par. (b) to assess the accuracy, reliability, and administration of the platform. As part of the performance evaluation audit, the legislative audit bureau shall do all of the following: 1. Review data integrity controls within the database under par. (b) 2. 2. Assess whether product eligibility determinations are consistent with the list of eligible foods under 7 CFR 271.2 and any approved waiver of federal law from the U.S. department of agriculture. 3. Verify that version control practices in the database under par. (b) 2. create a clear historical record of changes.

(h) Nonprofits associated with retail food industry associations. The department shall encourage nonprofit organizations that are associated with statewide retail food industry associations to enter into the contract with the department under par. (b).

(i) No liability or adverse actions against retailers for platform errors. A participating retailer may not be held civilly liable, and the department may not take adverse action against a participating retailer, for selling or refusing to sell a product through the use of benefits under the food stamp program in violation of federal law or any approved waiver of federal law from the U.S. department of agriculture on the basis of an error by the electronic platform under par. (b) in determining the eligibility of the product.

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.

(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.

(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.

(a) In this subsection: 1. “Eligible retailer” includes any supermarket, grocery store, wholesaler, small-scale store, corner store, convenience store, neighborhood store, bodega, farmers’ market, direct-marketing farmer, nonprofit cooperative food-purchasing venture, or community-supported agriculture program authorized to participate in the food stamp program. 2. “Fruits and vegetables” means any variety of fresh, canned, dried, or frozen whole or cut fruit or vegetable that does not contain added sugar, fat, oil, or salt.

(b) The department shall, through a competitive selection process, contract with one or more nonprofit organizations to administer a healthy food incentive program statewide. The healthy food incentive program shall provide to any food stamp program recipient that uses benefits at an eligible retailer participating in the healthy food incentive program under this subsection a monetary amount up to the amount of food stamp program benefits used at the eligible retailer for the purpose of purchasing fruits and vegetables from the eligible retailer. In administering the program, a nonprofit organization shall prioritize including in the healthy food incentive program eligible retailers that source fruits and vegetables primarily from growers in this state and shall establish a timeline for expiration of matching monetary amounts provided for the purchase of fruits and vegetables under the healthy food incentive program such that a matching monetary amount expires no later than one year after it is provided. The department may establish a maximum amount of benefits that may be matched per day for a food stamp program recipient. Any nonprofit organization administering the healthy food incentive program shall ensure that matching amounts provided under the program that are unused and expire remain with the nonprofit organization and, upon expiration, are available for use to provide matching amounts to other food stamp recipients under the program.

(c) The department may allocate no more than 25 percent of the funding available for the healthy food incentive program under this subsection to program development, promotion of and outreach for the program, training, data collection, evaluation, administration, and reporting and shall allocate the remainder of the funding available to the eligible retailers participating in the healthy food incentive program under this subsection. The department shall seek any available federal matching moneys from the Gus Schumacher Nutrition Incentive Program to fund the healthy food incentive program under this subsection.

(d) Beginning no later than March 24, 2025, and annually thereafter, the department shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees of the legislature under s. 13.172 (3), a report regarding implementation of the program under this subsection, including data collected relating to funding and participation and any other information necessary to evaluate the program.

(a) In this subsection: 1. “Candy” means any solid, semi-solid, or molded preparation of sugar, sweeteners, whether natural or artificial, or chocolate, with or without added ingredients such as flavorings, fruit, nuts, or flour, that is commonly marketed, advertised, or recognized as candy, chocolate bar, chewing gum, or similar confectionery and includes chocolate bars, including chocolate bars containing flour, hard candies, gummies, caramels, taffy, licorice, mints, and chewing gum. “Candy” does not include baked goods, such as cakes, cookies, muffins, brownies, pastries, bread, or similar products the preparation and sale of which are typically not subject to licensing and regulation by the department of agriculture, trade and consumer protection under ch. 97 or items sold as bakery or bread products, regardless of sweetener content. 2. “Soft drink” means a nonalcoholic beverage that contains natural or artificial sweeteners, including soda, pop, cola, energy drinks, sports drinks, or flavored water, or any product, regardless of its ingredients or labeling, that is marketed, labeled, or advertised as a soda, pop, cola, energy drink, or energy supplement. “Soft drink” does not include a beverage that contains milk or milk substitute, soy, rice, or similar dairy alternative ingredients or that contains more than 50 percent, by volume, of fruit or vegetable juice. “Soft drink” also does not include coffee or unsweetened tea.

(b) The department shall request any necessary waiver from the U.S. department of agriculture in accordance with 7 USC 2026 to prohibit the use of benefits under the food stamp program for the purchase of candy or soft drinks from the list of eligible foods under 7 CFR 271.2. If a waiver requested under this paragraph is granted, the department shall prohibit the purchase of candy or soft drinks with benefits provided through the federal food stamp program. If any necessary waiver from the U.S. department of agriculture is not granted, then the department shall submit the waiver request under this paragraph annually until the waiver is granted.

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.

(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.

(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.

(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.

(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.