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, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months 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, but is less than $5,000, a person who violates this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both.
49.127(8)(c) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both.
49.127(8)(d)1.1. In addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:
49.127(8)(d)1.a. a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.
49.127(8)(d)1.b. b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.
49.127(8)(d)1.c. c. For a 3rd offense under this section, permanently.
49.127(8)(d)1m. 1m. In addition to the penalties applicable under par. (a), (b) or (c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered by 7 USC 2024 (b) or (c) having a value of $500 or more.
49.127(8)(d)2. 2. 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, if the suspension is not permanent.
49.127(8)(e)1.1. If a court finds that a person traded a controlled substance, as defined in s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:
49.127(8)(e)1.a. a. Upon the first such finding, for 2 years.
49.127(8)(e)1.b. b. Upon the 2nd such finding, permanently.
49.127(8)(e)2. 2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.
49.127(8)(f) (f) Notwithstanding par. (d), in addition to the penalties applicable under par. (a), (b) or (c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.
49.127 History History: 1987 a. 27, 399; 1997 a. 27, 283.
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) (2)Delivery of food stamps.
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(2)(b)2.b. b. The department determines that the state may be liable under 12 CFR 205 for lost or stolen benefits.
49.129(3) (3)Delivery of other benefits.
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)1. 1. Benefit recipients.
49.129(4)(a)2. 2. Advocates for benefit recipients.
49.129(4)(a)3. 3. Financial institution personnel.
49.129(4)(a)4. 4. Appropriate county, state and tribal governing body employees.
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(4)(d) (d) Authorize the use of cards that physically resemble financial transaction cards, as defined in s. 943.41 (1) (em).
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)(c) (c) A provision for confidentiality.
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.
49.133 49.133 Refusal to pay child care providers. The department or a county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132, 1995 stats., or any other program if any of the following applies to the child care provider, employee or person living on the premises where child care is provided:
49.133(1) (1) The person has been convicted of a felony or misdemeanor that the department or county department under s. 46.215, 46.22 or 46.23 determines substantially relates to the care of children.
49.133(2) (2) The person is the subject of a pending criminal charge that the department or county department under s. 46.215, 46.22 or 46.23 determines substantially relates to the care of children.
49.133(3) (3) The person has been determined under s. 48.981 to have abused or neglected a child.
49.133 History History: 1989 a. 31; 1995 a. 404 s. 122; Stats. 1995 s. 49.133; 1997 a. 252.
49.134 49.134 Child care resource and referral service grants.
49.134(1)(1)Definitions. In this section:
49.134(1)(a) (a) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
49.134(1)(b) (b) "Local agency" means a nonprofit, tax-exempt corporation or an Indian tribe that provides or proposes to provide child care resource and referral services that are funded under this section.
49.134(1)(c) (c) "Nonprofit, tax-exempt corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that is exempt from taxation under section 501 (c) of the internal revenue code.
49.134(2) (2)Resource and referral service grants.
49.134(2)(a)(a) From the allocation under s. 49.155 (1g) (b), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.
49.134(2)(c) (c) A local agency that is awarded a grant under this section shall contribute matching funds equal to 25% of the amount awarded under this section. The match may be in the form of money or in-kind goods or services, or both.
49.134(2)(d) (d) The department may award a grant under this section to a local agency only if that local agency meets any of the following requirements:
49.134(2)(d)1. 1. The local agency is solely in the business of providing child care resource and referral services.
49.134(2)(d)2. 2. If the local agency provides services, or is affiliated with a person who provides services, other than child care resource and referral services, the local agency, or the person with whom the local agency is affiliated, is not a provider of child care services or of early childhood education services and the local agency has an advisory committee to provide oversight for the portion of the local agency's services that are child care resource and referral services.
49.134(3) (3)Use of grant funds.
49.134(3)(a)(a) A local agency that is awarded a grant under this section may use the funds to provide any of the following services:
49.134(3)(a)1. 1. Technical assistance and support to child care providers.
49.134(3)(a)2. 2. Recruitment of child care providers in areas of need.
49.134(3)(a)3. 3. Information on the child care service options that are available in the community served by the local agency.
49.134(3)(a)4. 4. A data resource file that identifies the child care service options that are available in the community served by the local agency and that documents the requests and needs of parents in that community for child care services.
49.134(3)(a)5. 5. Programs or information on continuing education and training for child care providers.
49.134(3)(a)6. 6. Any other information regarding the availability and quality of child care services in the community served by the local agency.
49.134(3)(b) (b) A local agency that is awarded a grant under this section may not use the funds to supplant any other funds that the local agency uses to provide child care resource and referral services at the time of the awarding of the grant.
49.134(4) (4)Department responsibilities. The department shall do all of the following:
49.134(4)(a) (a) Administer, or contract for the administration of, the grant program under this section, provide an application procedure for that program and disburse funds awarded under that program.
49.134(4)(b) (b) Provide consultation and technical assistance to local agencies in the preparation of grant applications and the operation of child care resource and referral services programs funded under this section.
49.134(4)(c) (c) Monitor the child care resource and referral services provided by a grant recipient.
49.134 History History: 1991 a. 275; 1993 a. 16; 1995 a. 27; 1995 a. 404 ss. 123 to 129; Stats. 1995 s. 49.134; 1997 a. 27, 79.
49.136 49.136 Child care start-up and expansion.
49.136(1) (1)Definitions. In this section:
49.136(1)(b) (b) "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).
49.136(1)(d) (d) "Day care center" means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.
49.136(1)(e) (e) "Day care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?