AB150-ASA,1020,19
19(1) "Department" means the department of health and social services.
AB150-ASA,1020,20
20(2) "Secretary" means the secretary of health and social services.
AB150-ASA, s. 3180
21Section
3180. 49.70 of the statutes, as affected by 1995 Wisconsin Act .... (this
22act), is renumbered 49.38.
AB150-ASA,1021,2024
49.70
(2) The department shall exercise the options to purchase such securities
25or accept an assignment of such securities when it finds that the owner of the
1securities is a resident of this state and is in need of
general relief, public assistance
2or welfare aid, or who but for the ownership of such securities would qualify for
3general relief, public assistance
or other welfare aid. If the department exercises an
4option to purchase such security, the purchase price shall be paid out, at par value,
5as
general a relief
payment. Where the department accepts an assignment of such
6security as provided in this section it shall pay out as
general relief an amount equal
7to the par value of the security assigned. The
general relief furnished, whether by
8money or otherwise, shall be at such times and in such amounts as will in the
9discretion of the department meet the needs of the recipient and protect the public.
10The department is authorized to exercise the options to purchase assigned to it in
11whole or in part, or to accept an assignment of such securities in whole or in part.
12The department is granted such authority as may be necessary and convenient to
13enable it to exercise the functions and perform the duties required of it by this
14section, including without limitation because of enumeration the authority to
15promulgate rules governing eligibility and the furnishing and paying of
general 16relief under this section, the authority to enter into suitable agreements with the
17owner of the security or other appropriate persons for the purpose of carrying out this
18section, and the authority to sell or transfer the securities or defend and prosecute
19all actions concerning it and pay all just claims against it and do all other things
20necessary for the protection, preservation and management of the securities.
AB150-ASA, s. 3182
21Section
3182. 49.80 (title) of the statutes is renumbered 16.385 (title).
AB150-ASA, s. 3184
23Section
3184. 49.80 (2) (title) of the statutes is renumbered 16.385 (2) (title).
AB150-ASA, s. 3185
24Section
3185. 49.80 (2) (a) of the statutes is renumbered 16.385 (2) (a).
AB150-ASA, s. 3186
1Section
3186. 49.80 (2) (b) of the statutes is renumbered 16.385 (2) (b) and
2amended to read:
AB150-ASA,1022,93
16.385
(2) (b) The department
of health and social services shall administer a
4low-income warm room program to install low-income warm room program
5materials in the dwellings of low-income warm room program volunteers and to
6train the low-income warm room program volunteers and the members of each
7low-income warm room program volunteer's household in the operation of the
8low-income warm room program materials to achieve maximum health and heating
9efficiency.
AB150-ASA, s. 3187
10Section
3187. 49.80 (3) (intro.) of the statutes is renumbered 16.385 (3)
11(intro.).
AB150-ASA, s. 3188
12Section
3188. 49.80 (3) (b) of the statutes is renumbered 16.385 (3) (b) and
13amended to read:
AB150-ASA,1022,1614
16.385
(3) (b) By October 1 of every year from the appropriation under s.
20.435
15(4) (md) 20.505 (7) (o), determine the total amount available for payment of heating
16assistance under sub. (6) and determine the benefit schedule.
AB150-ASA, s. 3189
17Section
3189. 49.80 (3) (c) of the statutes is renumbered 16.385 (3) (c) and
18amended to read:
AB150-ASA,1022,2119
16.385
(3) (c) From the appropriation under s.
20.435 (4) (mc) 20.505 (7) (m),
20allocate $1,100,000 in each federal fiscal year for the department's expenses in
21administering the funds to provide low-income energy assistance.
AB150-ASA, s. 3190
22Section
3190. 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and
23amended to read:
AB150-ASA,1023,224
16.385
(3) (d) From the appropriation under s.
20.435 (4) (md) 20.505 (7) (o),
25allocate $2,900,000 in each federal fiscal year for the expenses of a county
1department, another local governmental agency or a private nonprofit organization
2in administering under sub. (4) the funds to provide low-income energy assistance.
AB150-ASA, s. 3191
3Section
3191. 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e)
4(intro.) and amended to read:
AB150-ASA,1023,65
16.385
(3) (e) (intro.) From the appropriation under s.
20.435 (4) (md) 20.505
6(7) (o):
AB150-ASA, s. 3192
7Section
3192. 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and
8amended to read:
AB150-ASA,1023,149
16.385
(3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7)
10(km), 15% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal
11year under the priority of maintaining funding for the geographical areas on July 20,
121985, and, if funding is reduced, prorating contracted levels of payment, for the
13weatherization assistance program administered by the department
of
14administration under s. 16.39.
AB150-ASA,1023,1816
49.80
(3) (e) 2. Allocate
$2,400,000
not more than $3,200,000 in each federal
17fiscal year for the payment of crisis assistance benefits to meet weather-related or
18fuel supply shortage emergencies under sub. (8).
AB150-ASA, s. 3194
19Section
3194. 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), is renumbered 16.385 (3) (e) 2.
AB150-ASA, s. 3195
21Section
3195. 49.80 (3) (e) 3. of the statutes is renumbered 16.385 (3) (e) 3.
AB150-ASA, s. 3196
22Section
3196. 49.80 (3) (e) 6. of the statutes is renumbered 16.385 (3) (e) 6.
AB150-ASA, s. 3197
23Section
3197. 49.80 (3) (e) 7. of the statutes is renumbered 16.385 (3) (e) 7.
AB150-ASA, s. 3198
24Section
3198. 49.80 (4) (title) of the statutes is renumbered 16.385 (4) (title).
AB150-ASA, s. 3199
1Section
3199. 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and
2amended to read:
AB150-ASA,1024,83
16.385
(4) (a) A household may apply after September 30 and before May 16
4of any year for heating assistance from the county department under s. 46.215 (1) (n)
5or 46.22 (1) (b)
10. 4. a. to e. or from another local governmental agency or a private
6nonprofit organization with which the department contracts to administer the
7heating assistance program, and shall have the opportunity to do so on a form
8prescribed by the department for that purpose.
AB150-ASA, s. 3200
9Section
3200. 49.80 (4) (b) of the statutes is renumbered 16.385 (4) (b).
AB150-ASA, s. 3201
10Section
3201. 49.80 (5) (intro.) of the statutes is renumbered 16.385 (5)
11(intro.).
AB150-ASA, s. 3202
12Section
3202. 49.80 (5) (b) of the statutes is renumbered 16.385 (5) (b).
AB150-ASA, s. 3203
13Section
3203. 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and
14amended to read:
AB150-ASA,1024,1815
16.385
(5) (c) A household entirely composed of persons receiving aid to
16families with dependent children under s. 49.19, food stamps under
7 USC 2011 to
172029, or supplemental security income or state supplemental payments under
42
18USC 1381 to
1383c or s.
49.177 49.77.
AB150-ASA, s. 3204
19Section
3204. 49.80 (5) (d) of the statutes is renumbered 16.385 (5) (d).
AB150-ASA, s. 3208
23Section
3208. Subchapter VI (title) of chapter 49 [precedes 49.81] of the
24statutes is created to read:
AB150-ASA,1025,2
1Subchapter VI
2
General provisions
AB150-ASA,1025,4
449.82 (title)
Administration of public assistance programs.
AB150-ASA, s. 3210
5Section
3210. 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is amended to read:
AB150-ASA,1025,137
49.84
(2) At the time of application, the agency administering the public
8assistance program shall apply to the department
of health and social services for
9a certified copy of a birth certificate for the applicant if the applicant is required to
10provide a birth certificate or social security number as part of the application and for
11any person in the applicant's household who is required to provide a birth certificate
12or social security number. The department
of health and social services shall provide
13without charge any copy for which application is made under this subsection.
AB150-ASA, s. 3211
14Section
3211. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act ....
15(this act), is amended to read:
AB150-ASA,1025,2016
49.84
(5) A person applying for aid to families with dependent children under
17s. 49.19, medical assistance under
ss. 49.45 to 49.47
subch. IV or food stamp program
18benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a
19declaration and other verification of citizenship or satisfactory immigration status
20as required in
42 USC 1320b-7 (d).
AB150-ASA, s. 3212
21Section
3212. 49.85 (2) (b), (3) (b) and (4) (b) of the statutes are created to read:
AB150-ASA,1026,522
49.85
(2) (b)
At least annually, the department of industry, labor and human
23relations shall certify to the department of revenue the amounts that, based on the
24notifications received under sub. (1) and on other information received by the
25department of industry, labor and human relations, the department of industry,
1labor and human relations has determined that it may recover under ss. 49.125 and
249.195 (3), except that the department of industry, labor and human relations may
3not certify an amount under this subsection unless it has met the notice
4requirements under sub. (3) and unless it's determination has either not been
5appealed or is no longer under appeal.
AB150-ASA,1026,9
6(3) (b)
At least 30 days before certification of an amount, the department of
7industry, labor and human relations shall send a notice to the last-known address
8of the person from whom that department intends to recover the amount. The notice
9shall do all of the following:
AB150-ASA,1026,1310
1. Inform the person that the department of industry, labor and human
11relations intends to certify to the department of revenue an amount that the
12department of industry, labor and human relations has determined to be due under
13s. 49.125 or 49.195 (3), for setoff from any state tax refund that may be due the person.
AB150-ASA,1026,1714
2. Inform the person that he or she may appeal the determination of the
15department of industry, labor and human relations to certify the amount by
16requesting a hearing under sub. (4) within 30 days after the date of the letter and
17inform the person of the manner in which he or she may request a hearing.
AB150-ASA,1026,2118
3. Inform the person that, if the determination of the department of industry,
19labor and human relations is appealed, that department will not certify the amount
20to the department of revenue while the determination of the department of industry,
21labor and human relations is under appeal.
AB150-ASA,1027,222
4. Inform the person that, unless a contested case hearing is requested to
23appeal the determination of the department of industry, labor and human relations,
24the person may be precluded from challenging any subsequent setoff of the certified
25amount by the department of revenue, except on the grounds that the certified
1amount has been partially or fully paid or otherwise discharged, since the date of the
2notice.
AB150-ASA,1027,53
5. Request that the person inform the department of industry, labor and human
4relations if a bankruptcy stay is in effect with respect to the person or if the claim has
5been discharged in bankruptcy.
AB150-ASA,1027,76
6. Inform the person that the person may need to contact the department of
7revenue in order to protect the refunds of spouses who are not liable for the claim.
AB150-ASA,1027,12
8(4) (b)
If a person has requested a hearing under this subsection, the
9department of industry, labor and human relations shall hold a contested case
10hearing under s. 227.44, except that the department of industry, labor and human
11relations may limit the scope of the hearing to exclude issues that were presented at
12a prior hearing or that could have been presented at a prior opportunity for hearing.
AB150-ASA,1028,2
1449.86 Disbursement of funds and facsimile signatures. Withdrawal or
15disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5),
16to the credit of the department of industry, labor and human relations or any of its
17divisions or agencies shall be by check, share draft or other draft signed by the
18secretary of industry, labor and human relations or by one or more persons in the
19department of industry, labor and human relations designated by written
20authorization of the secretary of industry, labor and human relations. Such checks,
21share drafts and other drafts shall be signed personally or by use of a mechanical
22device adopted by the secretary of industry, labor and human relations or his or her
23designees for affixing a facsimile signature. Any public depository shall be fully
24warranted and protected in making payment on any check, share draft or other draft
25bearing such facsimile signature notwithstanding that the facsimile may have been
1placed thereon without the authority of the secretary of industry, labor and human
2relations or his or her designees.
AB150-ASA,1028,74
49.89
(7) (bm) The incentive payment shall be an amount equal to 15% of the
5amount recovered because of benefits paid as state supplemental payments under
6s. 49.77. The incentive payment shall be taken from the state share of the sum
7recovered.
AB150-ASA,1028,149
49.89
(7) (d) 2. Any county or elected tribal governing body that has made a
10recovery under this section for which it is eligible to receive an incentive payment
11under par. (c) shall report such recovery to the department of industry, labor and
12human relations within 30 days after the end of the month in which the recovery is
13made in a manner specified by the department of industry, labor and human
14relations.
AB150-ASA,1028,1716
49.90
(1) (b) For purposes of this section those persons receiving benefits under
17federal Title XVI or under s.
49.177 49.77 shall not be deemed dependent persons.
AB150-ASA,1029,419
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
20or board shall submit to the corporation counsel a report of its findings. Upon receipt
21of the report the corporation counsel shall, within 60 days, apply to the circuit court
22for the county in which the dependent person under sub. (1) (a) 1. or the child of a
23dependent person under sub. (1) (a) 2. resides for an order to compel the
24maintenance. Upon such an application the corporation counsel shall make a
25written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
1to the chairperson of the county board of supervisors in a county with a single-county
2department or the county boards of supervisors in counties with a multicounty
3department, and to the department of health and social services
or the department
4of industry, labor and human relations, whichever is appropriate.
AB150-ASA,1029,146
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
7grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
8is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
9dependent minor or the child's parent may apply to the circuit court for the county
10in which the child resides for an order to compel the provision of maintenance. A
11county department under s. 46.215, 46.22 or 46.23, a county child support agency or
12the department
of industry, labor and human relations may initiate an action to
13obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
14regardless of whether the child receives public assistance.
AB150-ASA,1030,1616
49.90
(4) The circuit court shall in a summary way hear the allegations and
17proofs of the parties and by order require maintenance from these relatives, if they
18have sufficient ability, considering their own future maintenance and making
19reasonable allowance for the protection of the property and investments from which
20they derive their living and their care and protection in old age, in the following
21order: First the husband or wife; then the father and the mother; and then the
22grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
23a sum which will be sufficient for the support of the dependent person under sub. (1)
24(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
25paid weekly or monthly, during a period fixed by the order or until the further order
1of the court. If the court is satisfied that any such relative is unable wholly to
2maintain the dependent person or the child, but is able to contribute to the person's
3support or the child's maintenance, the court may direct 2 or more of the relatives
4to maintain the person or the child and prescribe the proportion each shall
5contribute. If the court is satisfied that these relatives are unable together wholly
6to maintain the dependent person or the child, but are able to contribute to the
7person's support or the child's maintenance, the court shall direct a sum to be paid
8weekly or monthly by each relative in proportion to ability. Contributions directed
9by court order, if for less than full support, shall be paid to the department
of health
10and social services and distributed as required by state and federal law. An order
11under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
12specifically assign responsibility for and direct the manner of payment of the child's
13health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
14application of any party affected by the order and upon like notice and procedure, the
15court may modify such an order. Obedience to such an order may be enforced by
16proceedings for contempt.
AB150-ASA,1030,2418
49.90
(6) If any relative who has been ordered to maintain an institutionalized
19dependent person or an institutionalized child of a dependent person under 18 years
20of age neglects to do as ordered, the authorities in charge of the dependent or child
21or in charge of the institution may recover in an action on behalf of the
general relief
22agency or institution for
general relief or support accorded the dependent person or
23child against such relative
the sum prescribed for each week while the order was
24disobeyed
and up to the time of judgment, with costs.
AB150-ASA, s. 3220
1Section
3220
. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150-ASA,1031,83
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
4tribal governing body or municipality or advises a person to go to a county, tribal
5governing body or municipality for the purpose of obtaining relief funded by a relief
6block grant, aid to families with dependent children under s. 49.19, medical
7assistance under
ss. 49.45 to 49.47 subch. IV or food stamps under
7 USC 2011 to
82029.
AB150-ASA,1031,1710
50.01
(1d) "Assisted living facility" means a place where 5 or more adults reside
11that consists of independent apartments, each of which has an individual lockable
12entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping
13and living areas, and that provides, to a person who resides in the place, not more
14than 28 hours per week of services that are supportive, personal and nursing
15services. "Assisted living facility" does not include a nursing home or a
16community-based residential facility, but may be physically part of a structure that
17is a nursing home or community-based residential facility.
AB150-ASA,1031,1919
50.01
(1g) (f) An assisted living facility.
AB150-ASA,1031,2121
50.01
(3) (e) An assisted living facility.