[HISTORY: Adopted by the Board of Supervisors
of Green Lake County as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-17-1995 by Ord. No. 596-95]
It shall be a violation of this article for any person to do any of the following acts, and any person who violates this article by doing any of the following acts shall be subject to the penalties provided in § 206-4 of this article.
A.Â
No person shall willfully make any false representation
with the intent to secure public assistance for him/herself or for
some other person.
B.Â
No person shall willfully do any act designed to interfere
with the proper administration of the public assistance program.
C.Â
No person may accept any monetary benefits, any supplies
or articles furnished to another person as public assistance in exchange
for or in payment for anything else of value.
[Amended 10-15-2013 by Ord. No. 1057-2013]
D.Â
No dependent person may sell or exchange supplies
or articles furnished to that dependent person as assistance by Green
Lake County with the intent to defraud Green Lake County, nor may
that dependent person dispose of such supplies or articles in any
other way than as directed by Green Lake County, with the intent to
defraud Green Lake County. No person may purchase any article knowing
it has been furnished to another person as public assistance.
E.Â
No person may, without legal authority, send or bring,
cause to be sent or brought, or advise any dependent person to go
to or come to Green Lake County for the purpose of making that dependent
person a charge upon the County.
F.Â
No person in charge of the public assistance program
nor any of that person's assistants may receive or solicit any commission
nor derive nor seek to obtain any financial gain through any purchase,
sale, disbursement, or contract for supplies or other property used
in administration of the public assistance program.
G.Â
Any person who is originally eligible for assistance
and thereafter receives any income or assets, or both, must notify
the officer or agency granting such assistance of the receipt of those
assets within 10 days after the receipt of those assets if that person
continues to receive aid. Failure to so notify is a violation of this
article.
H.Â
No dependent person may use money, checks, share drafts,
other drafts, vouchers, debit cards or any other item of value furnished
to that dependent person as relief for purposes other than those purposes
as directed by the County when furnishing such relief.
[Amended 10-15-2013 by Ord. No. 1057-2013]
I.Â
Any person who obtains for himself or herself or for
any other person or dependents, or both, assistance under Ch. 49,
Wis. Stats., on the basis of facts stated to the County authority
charged with the responsibility of furnishing such assistance must
notify the County authorities furnishing assistance within 10 days
of any change in those facts originally stated by the person. If that
person continues to receive assistance based on the originally stated
facts, failure to so notify within 10 days is a violation of this
subsection. The negotiation of a check, share draft, or other draft
received in payment of such assistance by the recipient or the withdrawal
of any funds credited to the recipient's account through the use of
any other money transfer technique after any change in such facts
which would render the person ineligible for such assistance had the
change in facts been properly reported shall be prima facie evidence
of fraud in any such case and a violation of this subsection.
Any person who makes any statement in a written
application for aid under Ch. 49, Wis. Stats., shall be considered
to have made an admission as to the existence, correctness, and validity
of any facts stated which shall be taken as prima facie evidence against
the party making it in any complaint, information, or indictment and
in any action or proceeding brought for enforcement of any provision
of this article.
As used in this article, the following terms
shall have the meanings indicated:
The definition as found in § 49.01(2), Wis. Stats.
Includes all partnerships, associations, and bodies politic
or corporate as well as individuals.
Includes assistance obtained through the following programs:
Aid to Families with Dependent Children, (AFDC), Food Stamps, Medical
Assistance, General Relief and Energy Assistance.
[Amended 12-19-1995 by Ord. No. 597-95]
A.Â
Any person who violates any provision of this article
shall, upon conviction, be subject to a forfeiture not less than $500
but not to exceed $5,000, together with costs, penalty assessments
and restitution.
[Amended 10-15-2013 by Ord. No. 1057-2013]
B.Â
This penalty provision shall apply to any person who
is determined to be guilty of trying to obtain public assistance based
on fraudulent claims, even if there has been no overissuance established.
[Amended 10-15-2013 by Ord. No. 1057-2013]
A.Â
Any future
amendments, revisions, or modifications to Ch. 49, Wis. Stats., are
hereby incorporated herein and are intended to be made a part of this
article the same as such amendments, revisions, or modifications are
made to the corresponding state statutes.
B.Â
Should
any part of this article be found to be void or unconstitutional by
a court of competent jurisdiction, the remainder of the article shall
be considered severable and shall remain in full force and effect.
