49.124(4)(b)
(b) The department shall request a waiver from the secretary of the federal department of agriculture to allow the application of
par. (c). The waiver shall also seek a waiver from those federal quality control standards under the food stamp program that the department determines to be necessary in order to make the application of
par. (c) feasible.
Paragraph (c) applies only while the waiver under this paragraph is in effect.
49.124(4)(c)
(c) If a migrant worker and his or her dependents do not meet the income limitations under the food stamp program using prospective budgeting, the department shall determine eligibility for the migrant worker and his or her dependents using an income-averaging method described in the waiver under
par. (b).
49.125
49.125
Recovery of food stamps. 49.125(1)
(1) The department, or a county, an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under
s. 46.215 (1) (k),
46.22 (1) (b) 2. d. or
49.143 (2) (e). Recovery shall be made in accordance with
7 USC 2022.
49.125(2)
(2) A county or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under
7 USC 2025 which is recovered under
sub. (1) due to the efforts of an employe or officer of the county or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county or governing body may retain. This subsection does not apply to recovery of an overpayment that was made as a result of state, county or tribal governing body error.
49.127
49.127
Food stamp offenses. 49.127(1)(a)
(a) "Eligible person" means a member of a household certified as eligible for the food stamp program or a person authorized to represent a certified household under
7 USC 2020 (e) (7).
49.127(1)(d)
(d) "Supplier" means a retail grocery store or other person authorized by the federal department of agriculture to accept food coupons in exchange for food under the food stamp program.
49.127(1)(e)
(e) "Unauthorized person" means a person who is not one of the following:
49.127(1)(e)1.
1. An employe or officer of the federal government, the state, a county or a federally recognized American Indian tribe acting in the course of official duties in connection with the food stamp program.
49.127(1)(e)2.
2. A person acting in the course of duties under a contract with the federal government, the state, a county or a federally recognized American Indian tribe in connection with the food stamp program.
49.127(2)
(2) No person may misstate or conceal facts in a food stamp program application or report of income, assets or household circumstances with intent to secure or continue to receive food stamp program benefits.
49.127(2m)
(2m) No person may knowingly fail to report changes in income, assets or other facts as required under
7 USC 2015 (c) (1) or regulations issued under that provision.
49.127(3)
(3) No person may knowingly issue food coupons to a person who is not an eligible person or knowingly issue food coupons to an eligible person in excess of the amount for which the person's household is eligible.
49.127(4)
(4) No eligible person may knowingly transfer food coupons except to purchase food from a supplier or knowingly obtain or use food coupons for which the person's household is not eligible.
49.127(5)
(5) No supplier may knowingly obtain food coupons except as payment for food or knowingly obtain food coupons from a person who is not an eligible person.
49.127(6)
(6) No unauthorized person may knowingly obtain, possess, transfer or use food coupons.
49.127(7)
(7) No person may knowingly alter food coupons.
49.127(8)(a)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.127(8)(a)2.
2. If the value of the food coupons exceeds $100, a person who violates this section may be fined not more than $10,000 or imprisoned not more than 5 years or both.
49.127(8)(b)
(b) For a 2nd or subsequent offense under this section:
49.127(8)(b)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.127(8)(b)2.
2. If the value of the food coupons exceeds $100, a person who violates this section may be fined not more than $10,000 or imprisoned not more than 5 years or both.
49.127(8)(d)
(d) In addition to the penalties applicable under
par. (a) or
(b), the court may suspend a person who violates this section from participation in the food stamp program up to 18 months. The person may apply to the county department under
s. 46.215,
46.22 or
46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension.
49.127 History
History: 1987 a. 27,
399.
49.129
49.129
Electronic benefit transfer. 49.129(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029 or, if the department determines that the food stamp program no longer exists, a nutrition program that the department determines is a successor to the food stamp program.
49.129(2)(a)(a) The department shall request any necessary authorization from the secretary of the federal department of agriculture to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system.
49.129(2)(b)1.1. Except as provided in
subd. 2. and
sub. (8), if the necessary authorization under
par. (a) is granted, the department shall begin to implement, no later than July 1, 1999, a program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system and shall implement the program statewide no later than April 1, 2000. All suppliers, as defined in
s. 49.127 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
49.129(2)(b)2.
2. The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.129(2)(b)2.a.
a. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.129(3)(a)(a) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department, other than food stamp benefits, to recipients of benefits by an electronic benefit transfer system.
49.129(3)(b)
(b) If the necessary authorization under
par. (a) is granted, and except as provided in
sub. (8), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
49.129(4)
(4) Duties; implementation. In implementing a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.129(4)(a)
(a) Consult with members of the following groups:
49.129(4)(a)4.
4. Appropriate county, state and tribal governing body employes.
49.129(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.129(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.129(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.129(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.129(5m)
(5m) Joint committee on finance review. Prior to implementing the electronic benefit transfer system under this section, the department shall notify the joint committee on finance of the proposed system. The department may proceed with implementation of the system if, within 14 working days of the notification, the committee does not schedule a meeting for the purpose of reviewing the department's proposed system. If the committee schedules a meeting for the purpose of reviewing the proposed system, the system shall not take effect unless the committee approves the system.
49.129(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.129(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.129(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.129(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.129(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.129(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.129(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.129(8)
(8) County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.129 History
History: 1995 a. 368.
49.13
49.13
At-risk and low-income child care. Within the limits of available federal funds and the appropriation under
s. 20.445 (3) (cp), the department shall distribute under
s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.
49.13 History
History: 1995 a. 404.
49.131
49.131
Expenditure of federal child care and development block grant funds. 49.131(1)
(1) In this section, "child care provider" means a provider licensed under
s. 48.65, certified under
s. 48.651 or established or contracted for under
s. 120.13 (14).
49.131(2)
(2) Subject to
sub. (4) and
s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, do all of the following:
49.131(2)(a)
(a) From the appropriation under
s. 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under
s. 46.98 (2m) and
(3) [49.132 (2m) and (3)].
49.131 Note
NOTE: Par. (a) is shown as renumbered from s. 46.979 (2) (a), as affected by
1995 Wis. Act 404, by the revisor under s. 13.93 (1) (b). The bracketed language indicates the correct cross-references. Section 46.98 (2m) and (3) was renumbered by
1995 Wis. Act 404. Corrective legislation is pending.
49.131(2)(b)1.1. From the appropriation under
s. 20.445 (3) (mc), distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under
s. 20.445 (3) (cp) and
(md).
49.131(2)(c)
(c) From the appropriation under
s. 20.445 (3) (md), distribute as follows the federal child care and development block grant funds that are received under
42 USC 9858 and that are not distributed under
par. (a) or
(b):
49.131(2)(c)1.
1. For grants under
s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.
49.131(2)(c)2.
2. For grants under
s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97.
49.131(2)(c)3.
3. For grants under
s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under
s. 49.132 (4) (e) and for a system of rates or a program of grants, as provided under
s. 49.132 (4) (e), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under
subd. 4.
49.131(2)(c)4.
4. For grants under
s. 49.137 (2) and contracts under
s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under
subd. 3.
49.131(3)
(3) To the extent permitted under federal law, the department may transfer to the following fiscal year any funds distributed under
sub. (2) (c) that are not spent or encumbered in the fiscal year in which the funds were distributed and use those transferred funds in the following fiscal year for the purposes specified in
sub. (2) (c).
49.131(4)
(4) If the department receives unanticipated federal child care and development block grant funds under
42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in
sub. (2) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under
sub. (2). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
sub. (2), only with the approval of the committee.
49.131 History
History: 1991 a. 275;
1993 a. 16;
1995 a. 27,
216,
289;
1995 a. 404 ss.
77 to
88; Stats. 1995 s. 49.131; s. 13.93 (1) (b).
49.132
49.132
Child care program.
