[Adopted 2-4-1982 by Ord. No. 81-27]
The Menominee Tribal Legislature adopts as Menominee
law § 49.12, Wis. Stats.,[1] modified as follows:
A.
Any person who, with intent to secure public assistance
under the Relief to Needy Indian Persons (RNIP) Program, whether for
himself or for some other person, wilfully makes any false representations
may, if the value of such assistance so secured does not exceed $500,
be required to repay to the program the amount so secured.
B.
Any person who wilfully does any act designed to interfere
with the proper administration of the RNIP Program shall be fined
not less than $10 nor more than $100. The acceptance of any supplies
or articles furnished to any person as RNIP benefits in exchange for
or in payment for any intoxicating liquor or fermented malt beverage
shall be deemed to be a violation of this subsection, but violations
of this subsection shall not be limited to such acts.
C.
Any dependent person who sells or exchanges supplies or articles furnished him as assistance or who disposes of such supplies or articles in any other way than as directed, with intent thereby to defraud the Tribe furnishing him assistance, and any person who purchases any article knowing it to have been furnished to another person as assistance shall be punished as provided in Subsection B.
D.
Where a person is originally eligible for assistance and receives any income or assets or both thereafter and fails to notify the officer or agency granting such assistance of the receipt of such assets within 10 days after such receipt and continues to receive aid, such failure to so notify the proper officer or agency of receipt of such assets or income or both shall be considered a fraud, and the penalties in Subsection A shall apply.
E.
Any dependent person who uses money, checks, vouchers or any other thing of value furnished him as relief for purposes other than as directed by the Tribe furnishing such relief shall be punished as provided in Subsection B.
F.
Any person who makes any statement in a written application
for aid under RNIP shall be considered to have made an admission as
to the existence, correctness or validity of any fact 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 the enforcement of any provision of RNIP.
G.
If any person obtains for himself or any other person or dependents, or both, assistance under RNIP on the basis of facts stated to the authorities charged with the responsibility of furnishing assistance and fails to notify said authorities within 10 days of any change in the facts as originally stated and continues to receive assistance based on the originally stated facts, such failure to notify shall be considered a fraud and the penalties in Subsection A shall apply. The negotiation of a check received in payment of such assistance by the recipient after any change in such facts which would render him ineligible for such assistance shall be prima facie evidence of fraud in any such case.
H.
Any person who accepts a relief voucher granted as relief and fails to tender the commodities authorized by the relief authorities to the relief recipient but in lieu thereof refunds to the relief recipient cash or substitutes any intoxicating liquor or malt beverage or cigarettes not authorized by the relief voucher shall be considered to have committed a fraud, and the penalties provided in Subsection A shall apply to said person.
[1]
Editor's Note: Section 49.12 was renumbered and amended in
part and repealed in part by 1995 Act 27. See now § 49.95.
