1 | | - | Date of enactment: |
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2 | | - | 2023 Assembly Bill 1013 Date of publication*: |
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3 | | - | 2023 WISCONSIN ACT |
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4 | | - | AN ACT to amend 20.435 (4) (bt); and to create 49.79 (7w) of the statutes; relating to: healthy food incentive pro- |
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5 | | - | gram. |
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6 | | - | The people of the state of Wisconsin, represented in |
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7 | | - | senate and assembly, do enact as follows: |
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8 | | - | SECTION 1. 20.435 (4) (bt) of the statutes is amended |
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9 | | - | to read: |
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10 | | - | 20.435 (4) (bt) Healthy eating incentive pilot food |
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11 | | - | incentive program. As a continuing appropriation, the |
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12 | | - | amounts in the schedule to contract with an entity to |
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13 | | - | develop and administer the healthy eating incentive food |
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14 | | - | incentive program under s. 49.79 (7r). No moneys may |
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15 | | - | be expended under this paragraph after December 31, |
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16 | | - | 2019, except for moneys encumbered on or before that |
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17 | | - | date. (7w). The unencumbered balance in this appropria- |
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18 | | - | tion account as of June 30, 2023, may be used for the |
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19 | | - | healthy food incentive program under s. 49.79 (7w), |
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20 | | - | including as the matching state portion of any amounts |
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21 | | - | received through the Gus Schumacher Nutrition Incen- |
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22 | | - | tive Program. |
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23 | | - | SECTION 2. 49.79 (7w) of the statutes is created to |
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24 | | - | read: |
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25 | | - | 49.79 (7w) HEALTHY FOOD INCENTIVE PROGRAM. (a) |
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26 | | - | In this subsection: |
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27 | | - | 1. “Eligible retailer” includes any supermarket, gro- |
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28 | | - | cery store, wholesaler, small−scale store, corner store, |
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29 | | - | convenience store, neighborhood store, bodega, farmers’ |
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30 | | - | market, direct−marketing farmer, nonprofit cooperative |
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31 | | - | food−purchasing venture, or community−supported |
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32 | | - | agriculture program authorized to participate in the food |
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33 | | - | stamp program. |
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34 | | - | 2. “Fruits and vegetables” means any variety of fresh, |
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35 | | - | canned, dried, or frozen whole or cut fruit or vegetable |
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36 | | - | that does not contain added sugar, fat, oil, or salt. |
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37 | | - | (b) The department shall, through a competitive |
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38 | | - | selection process, contract with one or more nonprofit |
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39 | | - | organizations to administer a healthy food incentive pro- |
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40 | | - | gram statewide. The healthy food incentive program |
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41 | | - | shall provide to any food stamp program recipient that |
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42 | | - | uses benefits at an eligible retailer participating in the |
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43 | | - | healthy food incentive program under this subsection a |
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44 | | - | monetary amount up to the amount of food stamp pro- |
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45 | | - | gram benefits used at the eligible retailer for the purpose |
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46 | | - | of purchasing fruits and vegetables from the eligible |
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47 | | - | retailer. In administering the program, a nonprofit orga- |
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48 | | - | nization shall prioritize including in the healthy food |
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49 | | - | incentive program eligible retailers that source fruits and |
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50 | | - | vegetables primarily from growers in this state and shall |
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51 | | - | establish a timeline for expiration of matching monetary |
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52 | | - | amounts provided for the purchase of fruits and vegeta- |
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53 | | - | bles under the healthy food incentive program such that |
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54 | | - | a matching monetary amount expires no later than one |
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55 | | - | year after it is provided. The department may establish |
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56 | | - | a maximum amount of benefits that may be matched per |
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57 | | - | day for a food stamp program recipient. Any nonprofit |
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58 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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59 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1013 |
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60 | | - | organization administering the healthy food incentive |
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61 | | - | program shall ensure that matching amounts provided |
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62 | | - | under the program that are unused and expire remain with |
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63 | | - | the nonprofit organization and, upon expiration, are |
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64 | | - | available for use to provide matching amounts to other |
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65 | | - | food stamp recipients under the program. |
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66 | | - | (c) The department may allocate no more than 25 per- |
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67 | | - | cent of the funding available for the healthy food incen- |
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68 | | - | tive program under this subsection to program develop- |
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69 | | - | ment, promotion of and outreach for the program, |
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70 | | - | training, data collection, evaluation, administration, and |
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71 | | - | reporting and shall allocate the remainder of the funding |
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72 | | - | available to the eligible retailers participating in the |
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73 | | - | healthy food incentive program under this subsection. |
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74 | | - | The department shall seek any available federal matching |
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75 | | - | moneys from the Gus Schumacher Nutrition Incentive |
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76 | | - | Program to fund the healthy food incentive program |
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77 | | - | under this subsection. |
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78 | | - | (d) Beginning no later than one year after the effec- |
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79 | | - | tive date of this paragraph .... [LRB inserts date], and |
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80 | | - | annually thereafter, the department shall submit to the |
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81 | | - | chief clerk of each house of the legislature, for distribu- |
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82 | | - | tion to the appropriate standing committees of the legisla- |
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83 | | - | ture under s. 13.172 (3), a report regarding implementa- |
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84 | | - | tion of the program under this subsection, including data |
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85 | | - | collected relating to funding and participation and any |
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86 | | - | other information necessary to evaluate the program. |
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| 1 | + | LRB-5178/1 |
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| 2 | + | SWB:skw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 1013 |
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| 5 | + | January 25, 2024 - Introduced by Representatives JOERS, HURD, VINING, BEHNKE, |
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| 6 | + | PENTERMAN, RATCLIFF, ROZAR, SCHMIDT, C. ANDERSON, J. ANDERSON, ANDRACA, |
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| 7 | + | BALDEH, BARE, CLANCY, CONLEY, CONSIDINE, DONOVAN, DRAKE, EDMING, |
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| 8 | + | EMERSON, S. JOHNSON, MADISON, MELOTIK, MOORE OMOKUNDE, MURSAU, NOVAK, |
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| 9 | + | O'CONNOR, OHNSTAD, PALMERI, SCHUTT, SHANKLAND, SHELTON, SINICKI, |
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| 10 | + | SNODGRASS, STUBBS, SUBECK, KRUG, NEUBAUER, BRANDTJEN and JACOBSON, |
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| 11 | + | cosponsored by Senators BALLWEG, CARPENTER, PFAFF, QUINN, ROYS, SPREITZER |
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| 12 | + | and LARSON. Referred to Committee on Health, Aging and Long-Term Care. |
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| 13 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 14 | + | AN ACT to amend 20.435 (4) (bt); and to create 49.79 (7w) of the statutes; |
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| 15 | + | relating to: healthy food incentive program. |
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| 16 | + | Analysis by the Legislative Reference Bureau |
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| 17 | + | This bill requires the Department of Health Services, through a competitive |
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| 18 | + | selection process, to contract with one or more nonprofit organizations to administer |
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| 19 | + | a healthy food incentive program statewide. Under the program, FoodShare |
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| 20 | + | recipients who use FoodShare benefits for purchases at an eligible retailer would |
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| 21 | + | receive an amount up to the amount of benefits used at the eligible retailer for the |
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| 22 | + | purpose of purchasing fruits and vegetables from the eligible retailer. FoodShare, |
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| 23 | + | also known as the food stamp program and the federal Supplemental Nutrition |
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| 24 | + | Assistance Program, provides a monetary benefit to individuals who have limited |
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| 25 | + | financial resources for the purpose of purchasing food products. DHS administers |
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| 26 | + | the FoodShare program. |
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| 27 | + | Under the bill, eligible retailers include supermarkets, grocery stores, farmers' |
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| 28 | + | markets, nonprofit cooperatives, and farmers who sell directly to consumers among |
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| 29 | + | other types of food sellers. The retailers must be authorized retailers in the |
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| 30 | + | FoodShare program participating in the healthy food incentive program. The bill |
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| 31 | + | requires a nonprofit organization to prioritize including in the healthy food incentive |
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| 32 | + | program eligible retailers that source fruits and vegetables primarily from |
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| 33 | + | Wisconsin growers. The bill allows DHS to limit the amount of benefits per day that |
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| 34 | + | a recipient is allowed to match through the healthy food incentive program. |
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| 35 | + | The bill limits the percent of funding that is available for the healthy food |
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| 36 | + | incentive program that DHS may allocate to program development, promotion of and |
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| 38 | + | 2 - 2 -2023 - 2024 Legislature LRB-5178/1 |
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| 39 | + | SWB:skw |
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| 40 | + | ASSEMBLY BILL 1013 |
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| 41 | + | outreach for the program, training, data collection, evaluation, administration, and |
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| 42 | + | reporting for the healthy food incentive program. DHS must allocate the rest of the |
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| 43 | + | funding to participating eligible retailers. The bill also requires DHS to seek any |
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| 44 | + | available federal matching moneys from the Gus Schumacher Nutrition Incentive |
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| 45 | + | Program, which is a federal grant program administered by the National Institute |
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| 46 | + | of Food and Agriculture of the U.S. Department of Agriculture, to fund the healthy |
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| 47 | + | food incentive program. The bill redirects general purpose revenue funding that had |
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| 48 | + | been appropriated to a healthy eating incentive pilot program to the healthy food |
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| 49 | + | incentive program. |
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| 50 | + | For further information see the state fiscal estimate, which will be printed as |
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| 51 | + | an appendix to this bill. |
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| 52 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 53 | + | enact as follows: |
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| 54 | + | SECTION 1. 20.435 (4) (bt) of the statutes is amended to read: |
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| 55 | + | 20.435 (4) (bt) Healthy eating incentive pilot food incentive program. As a |
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| 56 | + | continuing appropriation, the amounts in the schedule to contract with an entity to |
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| 57 | + | develop and administer the healthy eating incentive food incentive program under |
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| 58 | + | s. 49.79 (7r). No moneys may be expended under this paragraph after December 31, |
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| 59 | + | 2019, except for moneys encumbered on or before that date. (7w). The unencumbered |
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| 60 | + | balance in this appropriation account as of June 30, 2023, may be used for the healthy |
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| 61 | + | food incentive program under s. 49.79 (7w), including as the matching state portion |
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| 62 | + | of any amounts received through the Gus Schumacher Nutrition Incentive Program. |
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| 63 | + | SECTION 2. 49.79 (7w) of the statutes is created to read: |
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| 64 | + | 49.79 (7w) HEALTHY FOOD INCENTIVE PROGRAM. (a) In this subsection: |
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| 65 | + | 1. “Eligible retailer” includes any supermarket, grocery store, wholesaler, |
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| 66 | + | small-scale store, corner store, convenience store, neighborhood store, bodega, |
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| 67 | + | farmers' market, direct-marketing farmer, nonprofit cooperative food-purchasing |
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| 68 | + | venture, or community-supported agriculture program authorized to participate in |
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| 69 | + | the food stamp program. |
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| 85 | + | 16 - 3 -2023 - 2024 Legislature |
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| 86 | + | LRB-5178/1 |
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| 87 | + | SWB:skw |
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| 88 | + | SECTION 2 |
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| 89 | + | ASSEMBLY BILL 1013 |
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| 90 | + | 2. “Fruits and vegetables” means any variety of fresh, canned, dried, or frozen |
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| 91 | + | whole or cut fruit or vegetable that does not contain added sugar, fat, oil, or salt. |
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| 92 | + | (b) The department shall, through a competitive selection process, contract |
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| 93 | + | with one or more nonprofit organizations to administer a healthy food incentive |
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| 94 | + | program statewide. The healthy food incentive program shall provide to any food |
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| 95 | + | stamp program recipient that uses benefits at an eligible retailer participating in the |
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| 96 | + | healthy food incentive program under this subsection a monetary amount up to the |
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| 97 | + | amount of food stamp program benefits used at the eligible retailer for the purpose |
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| 98 | + | of purchasing fruits and vegetables from the eligible retailer. In administering the |
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| 99 | + | program, a nonprofit organization shall prioritize including in the healthy food |
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| 100 | + | incentive program eligible retailers that source fruits and vegetables primarily from |
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| 101 | + | growers in this state. The department may establish a maximum amount of benefits |
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| 102 | + | that may be matched per day for a food stamp program recipient. |
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| 103 | + | (c) The department may allocate no more than 25 percent of the funding |
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| 104 | + | available for the healthy food incentive program under this subsection to program |
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| 105 | + | development, promotion of and outreach for the program, training, data collection, |
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| 106 | + | evaluation, administration, and reporting and shall allocate the remainder of the |
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| 107 | + | funding available to the eligible retailers participating in the healthy food incentive |
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| 108 | + | program under this subsection. The department shall seek any available federal |
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| 109 | + | matching moneys from the Gus Schumacher Nutrition Incentive Program to fund |
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| 110 | + | the healthy food incentive program under this subsection. |
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| 111 | + | (d) Beginning no later than one year after the effective date of this paragraph |
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| 112 | + | .... [LRB inserts date], and annually thereafter, the department shall submit to the |
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| 113 | + | chief clerk of each house of the legislature, for distribution to the appropriate |
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| 114 | + | standing committees of the legislature under s. 13.172 (3), a report regarding |
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| 139 | + | 25 - 4 -2023 - 2024 Legislature LRB-5178/1 |
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| 140 | + | SWB:skw |
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| 141 | + | SECTION 2 ASSEMBLY BILL 1013 |
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| 142 | + | implementation of the program under this subsection, including data collected |
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| 143 | + | relating to funding and participation and any other information necessary to |
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| 144 | + | evaluate the program. |
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| 145 | + | (END) |
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