1995 Wisconsin Act 27

49.02 (11) (title) Department of transportation records. A general relief agency may use vehicle registration information from the department of transportation in determining eligibility for general relief.

27,2716 Section 2716 . 49.02 (12) of the statutes is repealed.

27,2716g Section 2716g. 49.025 of the statutes is created to read:

49.025 Relief block grants to counties with a population of 500,000 or more; medical relief. (1) Applicability. This section applies only to a county having a population of 500,000 or more.

(2) Amount of relief block grant. (a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bt), an amount for that year determined as follows:

1. The department shall determine the lesser of the following:

a. For 1996, $17,600,000, and for each year thereafter, $16,600,000.

b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons.

2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.

(b) In calculating the total amount expended by the county under par. (a), the department may exclude any amount expended as a result of a waiver determined to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).

(3) Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons.

27,2716m Section 2716m. 49.027 of the statutes is created to read:

49.027 Relief block grants to counties having a population of less than 500,000; medical and nonmedical relief. (1) Applicability. This section applies only to a county having a population of less than 500,000.

(2) Amount of relief block grant. (a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bu), an amount for that year determined as follows:

1. The department shall calculate an amount as follows:

a. The department shall determine the total amount that the county was reimbursed under s. 49.035, 1993 stats., for general relief costs incurred in 1994.

b. The department shall determine the total amount of general relief reimbursements that were paid under s. 49.035, 1993 stats., for costs incurred in 1994, to all counties that are eligible receive a relief block grant under this section.

c. The department shall divide the amount determined under subd. 1. a. by the amount determined under subd. 1. b.

d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (bu) for relief block grants for that year.

2. The department shall calculate the sum of the following:

a. For any year, 50% of the total costs incurred by the county for health care services provided to dependent persons as relief in that year.

b. For any year, 40% of the total costs incurred by the county for cash benefits, and for services other than health care services, provided to dependent persons as relief in that year.

3. The department shall determine the lesser of the amount calculated under subd. 1. and the amount calculated under subd. 2.

4. From the amount determined under subd. 3., the department shall subtract amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) for that calendar year.

(b) In calculating the total costs incurred by the county under par. (a) 2., the department may exclude any amount expended as relief by the county in that year as a result of a waiver determined by the department to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).

(3) Use of relief block grant funds. A county may use moneys received as a relief block grant to provide services only as follows:

(a) To provide health care services to dependent persons.

(b) If the county provides health care services to dependent persons, to provide cash benefits, or services other than health care services, to dependent persons.

(4) Work component. If a county provides cash benefits, or services other than health care services, as relief, the county may include a work component as part of its relief program funded under this section. If a county includes a work component under this subsection, the county may require a dependent person to participate in the work component as a condition for receiving cash benefits, or services other than health care services.

27,2716p Section 2716p. 49.029 of the statutes is created to read:

49.029 Block grants to tribal governing bodies; medical relief. (1) Applicability. This section applies only to tribal governing bodies.

(2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

(3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons.

27,2716s Section 2716s. 49.031 of the statutes is created to read:

49.031 Payment of relief block grants to counties. (1) Filing of relief block grant report. Each county that is eligible for a relief block grant under s. 49.02 (1) in a year shall prepare a report, in accordance with rules promulgated by the department under s. 49.02 (7m) (c), detailing the costs incurred for relief provided to dependent persons in that year. The report shall be filed with the department by March 1 of the year immediately following the year in which the costs were incurred.

(2) Deadline for payment of relief block grants. The department shall pay a relief block grant to each eligible county by July 31 of the year immediately following the year for which the relief block grant is made or within 30 days after the effective date of the act that provides funding, for that year, for the appropriation from which relief block grant moneys are paid, whichever is later.

27,2717b Section 2717b. 49.032 of the statutes is repealed and recreated to read:

49.032 General relief nonmedical benefits. (1) Nonmedical benefits. (a) Unless a county makes an election not to provide nonmedical benefits under sub. (2) (a), the general relief agency in that county shall make a benefit payment at least monthly in accordance with written criteria determined by the general relief agency. Depending on the type and amount of the eligible dependent person's income or resources, if any, or number of days or type of need during a month, the benefit payments under this section may be adjusted in accordance with written criteria established by the general relief agency.

(b) Until a general relief agency adopts written criteria under par. (a) and until those written criteria take effect, the general relief agency shall make benefit payments under par. (a) using the standard of need under s. 49.02 (1m), 1993 stats., that the county had in effect on the effective date of this paragraph .... [revisor inserts date].

(d) If a person is eligible for benefits under s. 49.19 and, if the person received benefits under s. 49.19, the person would receive benefits calculated under s. 49.19 (11m) on the basis of the aid to families with dependent children level in the state in which the person most recently resided, the person may not receive benefits under par. (a) in an amount that exceeds the amount that he or she would receive under s. 49.19.

(e) If a general relief agency provides a monthly general relief benefit to an eligible dependent person under par. (a), the department shall reimburse the general relief agency at the rate set forth under s. 49.035 (1) (d), from the appropriation under s. 20.435 (4) (eb), for the amount paid to the eligible dependent person.

(2) Election not to provide nonmedical benefits. (a) A county may elect not to provide nonmedical benefits under sub. (1) (a) by adopting a resolution indicating its election not to provide these benefits. A copy of the resolution shall be provided to the department.

27,2717c Section 2717c. 49.032 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2718b Section 2718b. 49.035 of the statutes is repealed.

27,2748b Section 2748b. 49.037 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2748c Section 2748c. 49.037 (12) of the statutes is created to read:

49.037 (12) If a county makes the election under s. 49.032 (2) (a) not to provide nonmedical benefits, this section only applies with respect to benefits that are or were to have been provided before the date that the election takes effect.

27,2749 Section 2749 . 49.043 of the statutes is renumbered 66.182 and amended to read:

66.182 Health insurance for unemployed persons. Any municipality city, village, town or county may purchase health or dental insurance for unemployed persons residing in the municipality city, village, town or county who are not eligible for medical assistance under s. 49.46, 49.468 or 49.47.

27,2750 Section 2750 . 49.046 (title) of the statutes is repealed.

27,2751 Section 2751 . 49.046 (1) (intro.) of the statutes is repealed.

27,2752 Section 2752 . 49.046 (1) (a) of the statutes is renumbered 49.01 (1g).

27,2753 Section 2753 . 49.046 (1) (b) of the statutes is renumbered 49.01 (8L).

27,2754 Section 2754 . 49.046 (2) of the statutes is repealed.

27,2755 Section 2755 . 49.046 (3) of the statutes is repealed.

27,2756 Section 2756 . 49.046 (4) of the statutes is repealed.

27,2757 Section 2757 . 49.046 (5) of the statutes is repealed.

27,2758 Section 2758 . 49.047 of the statutes is repealed.

27,2759 Section 2759 . 49.048 of the statutes is repealed.

27,2760 Section 2760 . 49.049 of the statutes is repealed.

27,2761 Section 2761 . 49.05 of the statutes is repealed.

27,2762b Section 2762b. 49.053 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2762c Section 2762c. 49.053 (1m) of the statutes is amended to read:

49.053 (1m) A general relief agency may administer, by contract, a program of general relief grant diversion for general relief recipients. Under a grant diversion program, a general relief agency may use all or a part of the benefit payment provided under s. 49.02 49.032 to subsidize an employer at up to 50% of the wages he or she pays the recipient for a job performed by the recipient, for a period not to exceed 6 months, under a written contract between the general relief agency and an employer.

27,2762d Section 2762d. 49.053 (3) of the statutes is amended to read:

49.053 (3) The amount of benefit payment provided under s. 49.02 49.032 for a general relief recipient that is used to subsidize the employer under this section correspondingly reduces the amount of labor which may be required of the individual at the rate which is the ratio between the amount used to subsidize the employer and the total wage paid. No dependent person may be liable under s. 49.08 for the value of payment so provided.

27,2763 Section 2763 . 49.055 of the statutes is repealed.

27,2764 Section 2764 . 49.057 of the statutes is repealed.

27,2765 Section 2765 . 49.06 of the statutes is repealed.

27,2766 Section 2766 . 49.08 of the statutes is amended to read:

49.08 (title) Recovery of general relief paid and other assistance. If any person is the owner of property at the time of receiving general relief under this chapter or ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the general relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover general relief or other assistance. Where the general relief recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the general relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

27,2768 Section 2768 . 49.083 of the statutes is repealed.

27,2768m Section 2768m. 49.085 of the statutes is renumbered 49.385.

27,2769 Section 2769 . Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is created to read:

Chapter 49

Subchapter III
economic support and work programs

27,2770 Section 2770 . 49.11 of the statutes is created to read:

49.11 Definitions. In this subchapter:

(1) “Department" means the department of industry, labor and human relations.

(2) “Secretary" means the secretary of industry, labor and human relations.

27,2771 Section 2771 . 49.12 (title) of the statutes is renumbered 49.95 (title).

27,2772 Section 2772 . 49.12 (1) of the statutes is renumbered 49.95 (1).

27,2773 Section 2773 . 49.12 (2) of the statutes is renumbered 49.95 (2) and amended to read:

49.95 (2) Any person who wilfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days. The acceptance of any supplies or articles furnished to any person as general relief in exchange for or in payment for any alcohol beverages shall be deemed to be a violation of this subsection, but violations of this subsection shall not be limited to such acts.

27,2774 Section 2774 . 49.12 (3) of the statutes is renumbered 49.95 (3).

27,2775 Section 2775 . 49.12 (4m) (intro.) of the statutes is renumbered 49.95 (4m) (intro.).

27,2776 Section 2776 . 49.12 (4m) (a) of the statutes is renumbered 49.95 (4m) (a) and amended to read:

49.95 (4m) (a) Without legal authority, sends or brings a dependent person to a county, tribal governing body or municipality or advises a dependent person to go to a county, tribal governing body or municipality for the purpose of obtaining general relief under s. 49.02 funded by a relief block grant, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 or food stamps under 7 USC 2011 to 2029.

27,2777 Section 2777 . 49.12 (4m) (b) of the statutes is renumbered 49.95 (4m) (b) and amended to read: