AB100: Bill Text

AB100, s. 3443 Section 3443. 253.06 (4) of the statutes is created to read:

AB100,1390,13 253.06 (4) Prohibited practices. (a) No person may do any of the following:

AB100,1390,15 1. Accept drafts or submit drafts to the department for redemption without authorization.

AB100,1390,17 2. Provide cash or commodities, other than authorized food, in exchange for drafts or in exchange for authorized food purchased with a draft.

AB100,1390,19 3. Accept a draft other than in exchange for authorized food that is provided by the person.

AB100,1390,21 3m. Provide authorized food or other commodities to a participant or proxy in exchange for a draft accepted by a 3rd party.

AB100,1390,23 4. Enter on a draft a dollar amount that is higher than the actual retail price of the item for which the draft was used.

AB100,1390,25 5. Require a participant or proxy to sign a draft before entering the dollar amount on the draft in permanent ink.

AB100,1391,1 6. Accept a draft except during the period specified on the draft.

AB100,1391,3 7. Provide materially false information to the department or fail to provide in a timely manner material information that the department requests.

AB100,1391,5 8. Duplicate a vendor stamp or use a stamp other than a vendor stamp for any purpose for which a vendor stamp is required.

AB100,1391,6 9. Submit for redemption a draft to someone other than the department.

AB100,1391,9 10. Accept a draft from someone other than a participant or proxy, except that the department shall accept for redemption valid drafts from vendors and food distribution centers.

AB100,1391,13 (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 2 years, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 5 years, or both, for the 2nd or subsequent offense.

AB100,1391,21 (c) 1. Whenever a court imposes a fine, forfeiture or recoupment for a violation of this subsection or imposes a forfeiture or recoupment for a violation of rules promulgated under sub. (5), the court shall also impose an enforcement assessment in an amount of 50% of the fine, forfeiture or recoupment imposed. If multiple offenses are involved, the court shall base the enforcement assessment upon the total fine, forfeiture and recoupment amounts for all offenses. When a fine, forfeiture or recoupment is suspended in whole or in part, the court shall reduce the enforcement assessment in proportion to the suspension.

AB100,1391,25 2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB100, s. 3444 Section 3444. 253.06 (5) of the statutes is created to read:

AB100,1392,3 253.06 (5) Rules and penalties. (a) The department shall promulgate rules to establish all of the following:

AB100,1392,5 1. Minimum qualification standards for the authorization of vendors and for the awarding of a contract to an entity under sub. (3m).

AB100,1392,7 2. Standards of operation for authorized vendors and food distribution centers, including prohibited practices.

AB100,1392,8 3. Minimum requirements for participants, including prohibited practices.

AB100,1392,10 4. Procedures for approving or denying an application to be a participant, including appeal procedures.

AB100,1392,12 (b) A person who violates any rule promulgated under this subsection may be subject to any of the following:

AB100,1392,13 1. Denial of the application to be a participant or authorized vendor.

AB100,1392,15 2. Suspension or termination of authorization for an authorized vendor or, in the case of a food distribution center, termination of the contract.

AB100,1392,16 3. Disqualification from the program under this section for a participant.

AB100,1392,17 4. Forfeiture of not less than $10 nor more than $1,000.

AB100,1392,18 5. Recoupment.

AB100,1393,2 (c) Whenever the department imposes a forfeiture or recoupment for a violation of rules promulgated under this subsection, the department shall also impose an enforcement assessment in an amount of 50% of the forfeiture or recoupment imposed. If multiple offenses are involved, the department shall base the enforcement assessment upon the total forfeiture and recoupment amounts for all offenses. When a forfeiture or recoupment is suspended in whole or in part, the department shall reduce the enforcement assessment in proportion to the suspension.

AB100,1393,11 (d) 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 suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, suspension or termination to the vendor, food distribution center or participant. The notice shall inform the vendor, food distribution center or participant of the right to a hearing under sub. (6) and shall specify all of the following:

AB100,1393,12 1. The amount of the forfeiture assessed, if any.

AB100,1393,13 2. The amount of the recoupment assessed, if any.

AB100,1393,14 3. The amount of the enforcement assessment, if any.

AB100,1393,15 4. The violation.

AB100,1393,16 5. The statute or rule alleged to have been violated.

AB100,1393,19 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 of the notice of suspension or termination.

AB100,1394,5 (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. 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 state treasurer for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB100,1394,11 (f) The attorney general may bring an action in the name of the state to collect any forfeiture or recoupment imposed under par. (b) or enforcement assessment imposed under par. (c), if the forfeiture, recoupment or enforcement assessment has not been paid following the exhaustion of all administrative and judicial reviews. The only issue that may be contested in any such action is whether the forfeiture or enforcement assessment has been paid.

AB100, s. 3445 Section 3445. 253.06 (6) of the statutes is created to read:

AB100,1394,15 253.06 (6) Appeal procedure. (a) Any hearing under s. 227.42 granted by the department under this section may be conducted before the division of hearings and appeals in the department of administration.

AB100,1395,5 (b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial, suspension or termination of authorization 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.

AB100, s. 3446 Section 3446. 253.06 (7) of the statutes is created to read:

AB100,1395,15 253.06 (7) Injunction procedure. No injunction may be issued in any proceeding for review under ch. 227 of a decision of the division of hearings and appeals under sub. (6), suspending or staying the decision except upon application to the circuit court or presiding judge thereof, notice to the department and any other party and hearing. No injunction that delays or prevents a decision of the division of hearings and appeals from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the division of hearings and appeals in which the order was made are also parties to the proceeding or action before the court.

AB100, s. 3447 Section 3447. 253.06 (8) of the statutes is created to read:

AB100,1395,19 253.06 (8) Inspection of premises. The department may visit and inspect each authorized vendor and each food distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract.

AB100, s. 3448 Section 3448. 253.07 (4) (intro.) of the statutes is amended to read:

AB100,1395,23 253.07 (4) Family planning services. (intro.) From the appropriation under s. 20.435 (1) (5) (f), the department shall allocate funds in the following amounts, for the following services:

AB100, s. 3449 Section 3449. 253.08 of the statutes is amended to read:

AB100,1396,5 253.08 Pregnancy counseling services. The department shall make grants from the appropriation under s. 20.435 (1) (5) (eg) to individuals and organizations to provide pregnancy counseling services. For a program to be eligible under this section, an applicant must demonstrate that moneys provided in a grant under s. 20.435 (1) (5) (eg) will not be used to perform an abortion.

AB100, s. 3450 Section 3450. 253.085 (2) of the statutes is amended to read:

AB100,1396,10 253.085 (2) In addition to the amounts appropriated under s. 20.435 (1) (5) (ev), the department shall allocate $250,000 for each fiscal year from moneys received under the maternal and child health services block grant program, 42 USC 701 to 709, for the outreach program under this section.

AB100, s. 3451 Section 3451. 253.10 (3) (c) 2. c. of the statutes is amended to read:

AB100,1396,19 253.10 (3) (c) 2. c. That the woman has a legal right to continue her pregnancy and to keep the child, place the child in foster care, place the child with a relative for adoption or petition the court for placement of the child for adoption in the home of a person who is not a relative; to place the child in a foster home or treatment foster home for 6 months or to petition a court for placement of the child in a foster home, treatment foster home or group home or with a relative; or to place the child for adoption under a process that involves court approval both of the voluntary termination of parental rights and of the adoption.

AB100, s. 3452 Section 3452. 253.10 (3) (d) (intro.) of the statutes is amended to read:

AB100,1397,5 253.10 (3) (d) Printed information. (intro.) By the date that is 60 days after May 16, 1996, the department shall cause to be published in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department, materials that are in an easily comprehensible format and are printed in type of not less than 12-point size. The department shall distribute a reasonably adequate number of the materials to county departments as specified under s. 46.245 (1) and upon request, annually review the materials for accuracy and exercise reasonable diligence in providing materials that are accurate and current. The department may charge a fee not to exceed the actual cost of the preparation and distribution of the materials. The materials shall be all of the following:

AB100, s. 3453 Section 3453. 253.10 (3) (d) 1. of the statutes is amended to read:

AB100,1398,14 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include aid to families with dependent children under s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic skills program under s. 49.193, the availability of family or medical leave under s. 103.10, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful for any person to coerce a woman to undergo an abortion to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

AB100, s. 3454 Section 3454. 253.12 of the statutes is repealed.

AB100, s. 3455 Section 3455. 254.151 (intro.) of the statutes is amended to read:

AB100,1398,20 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

AB100, s. 3456 Section 3456. 254.176 (1) of the statutes is amended to read:

AB100,1398,25 254.176 (1) Except as provided in sub. (2) and s. 250.041, the department may establish by rule certification requirements for any person who performs lead hazard reduction or a lead management activity or who supervises the performance of any lead hazard reduction or lead management activity.

AB100, s. 3457 Section 3457. 254.176 (3) (intro.) of the statutes is amended to read:

AB100,1399,4 254.176 (3) (intro.)  The Except as provided in s. 250.041, the department may promulgate rules establishing certification requirements for persons required to be certified under this section. Any rules promulgated under this section:

AB100, s. 3458 Section 3458. 254.176 (3) (a) of the statutes is amended to read:

AB100,1399,8 254.176 (3) (a) Shall include requirements and procedures for issuing, renewing, revoking and suspending under this section certifications issued under this section.

AB100, s. 3459 Section 3459. 254.178 (1) (b) of the statutes is amended to read:

AB100,1399,12 254.178 (1) (b) No Except as provided in s. 250.041, no person may function as an instructor of a lead training course accredited under this section unless the person is approved by the department under this section.

AB100, s. 3460 Section 3460. 254.178 (2) (intro.) of the statutes is amended to read:

AB100,1399,16 254.178 (2) (intro.) The department shall promulgate rules establishing requirements, except as provided in s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:

AB100, s. 3461 Section 3461. 254.178 (2) (a) of the statutes is amended to read:

AB100,1399,20 254.178 (2) (a) Shall Except as provided in s. 250.041, shall include requirements and procedures for granting, renewing, revoking and suspending under this section lead training course accreditations and lead instructor approvals.

AB100, s. 3462 Section 3462. 254.178 (4) of the statutes is amended to read:

AB100,1399,25 254.178 (4) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew under this section any accreditation or approval issued under this section in accordance with the procedures set forth in ch. 227.

AB100, s. 3463 Section 3463. 254.20 (2) (d) of the statutes is amended to read:

AB100,1400,6 254.20 (2) (d) The Except as provided in s. 250.041, the department may establish by rule certification requirements for any person not certified under pars. (a) to (c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.

AB100, s. 3464 Section 3464. 254.20 (3) (a) of the statutes is amended to read:

AB100,1400,12 254.20 (3) (a) The Except as provided in s. 250.041, the department may establish by rule eligibility requirements for persons applying for a certification card required under sub. (2). Any training required by the department under this paragraph may be approved by the department or provided by the department under sub. (8).

AB100, s. 3465 Section 3465. 254.20 (3) (b) of the statutes is amended to read:

AB100,1400,18 254.20 (3) (b) The Except as provided in s. 250.041, the department shall establish the procedure for issuing certification cards under this subsection. In establishing that procedure, the department shall prescribe an application form and establish an examination procedure and may require applicants to provide photographic identification.

AB100, s. 3466 Section 3466. 254.20 (4) of the statutes is amended to read:

AB100,1400,23 254.20 (4) Renewal. A certification card issued under sub. (3) is valid for one year. The Except as provided in s. 250.041, the department may establish requirements for renewing such a card, including but not limited to additional training.

AB100, s. 3467 Section 3467. 254.20 (6) of the statutes is amended to read:

AB100,1401,3 254.20 (6) Suspension or revocation. The department may, under this section, suspend or revoke a certification card issued under sub. (3) if it determines that the holder of the card is not qualified to be certified.

AB100, s. 3468 Section 3468. 254.20 (7) of the statutes is amended to read:

AB100,1401,8 254.20 (7) Appeals. Any Except as provided in s. 250.041, any suspension, revocation or nonrenewal of a certification card required under sub. (2) or any denial of an application for such a certification card is subject to judicial review under ch. 227.

AB100, s. 3469 Section 3469. 254.34 (4) of the statutes is amended to read:

AB100,1401,13 254.34 (4) The department shall develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (1) (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

AB100, s. 3470 Section 3470. 254.47 (1) of the statutes is amended to read: