1995 Wisconsin Act 27

27,2641 Section 2641 . 49.001 (2) of the statutes is renumbered 49.81 (2).

27,2642 Section 2642 . 49.001 (3) of the statutes is renumbered 49.81 (3).

27,2643 Section 2643 . 49.001 (4) of the statutes is renumbered 49.81 (4).

27,2644 Section 2644 . 49.001 (5m) of the statutes is created to read:

49.001 (5m) “Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.06 (11) (a) or ch. 980. “Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

27,2645 Section 2645 . Subchapter II (title) of chapter 49 [precedes 49.002] of the statutes is created to read:

Chapter 49

SUBCHAPTER II
RELIEF BLOCK GRANTS

27,2646b Section 2646b. 49.002 (1) of the statutes is amended to read:

49.002 (1) It is declared to be legislative policy that, except in counties that make the election under s. 49.032 (2) (a), all recipients of general relief shall have maximum exposure to job training and job opportunities through the Wisconsin state employment service as well as other government agencies. Applicants and recipients of general relief shall comply with the established work-seeking rules of the general relief agency. Recipients of general relief shall also comply with the established work relief rules of the general relief agency. If a recipient of general relief refuses a bona fide offer of employment or training without good cause, or accepts a bona fide offer and subsequently performs inadequately through wilful neglect, or fails to comply with the work-seeking or work relief rules of the general relief agency, the general relief agency may discontinue general relief payments to the recipient for a period not to exceed 30 days for a first refusal, inadequate performance or failure to comply and for a period not to exceed 60 days for a 2nd or subsequent refusal, inadequate performance or failure to comply. The department shall promulgate rules to establish standards for determinations of benefit discontinuances under this subsection that exceed 30 days. Any Wisconsin taxpayer shall have standing in the circuit court for the purpose of obtaining an injunction to enforce this subsection.

27,2646c Section 2646c. 49.002 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2647b Section 2647b. 49.002 (2) of the statutes is amended to read:

49.002 (2) It is the declared legislative policy that general relief is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a benefit is covered by general relief in a county and where a dispute may arise over payment for costs associated with maintaining the health and welfare of recipients providing that benefit to a recipient of general relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment.

27,2647c Section 2647c. 49.002 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.002 and amended to read:

49.002 Legislative declaration. It is the declared legislative policy that general a county receiving a relief block grant is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a benefit is covered by general relief funded by a relief block grant in a county and where a dispute may arise over payment for costs associated with providing that benefit to a recipient of general relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment providing health care services to recipients of relief funded by a relief block grant.

27,2648 Section 2648 . 49.01 (intro.) of the statutes is amended to read:

49.01 Definitions. (intro.) As used in this chapter subchapter:

27,2649 Section 2649 . 49.01 (1) of the statutes is renumbered 49.43 (1e) and amended to read:

49.43 (1e) “Accommodated person" means any person in a hospital or in a skilled nursing facility or intermediate care facility, as defined in Title XIX of the social security act, who would have been eligible for benefits under s. 49.177 or 49.19 or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and any person in such an institution who can be found eligible for Title XIX under the social security act.

27,2650 Section 2650 . 49.01 (1m) of the statutes is created to read:

49.01 (1m) “Department" means the department of health and social services.

27,2651b Section 2651b. 49.01 (2) of the statutes is amended to read:

49.01 (2) “Dependent person" or “ dependent" means an individual without the presently available money, income, property or credit, or other means by which it can be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient to provide the necessary commodities and services specified in sub. (5m) who is eligible for relief under s. 49.015.

27,2651d Section 2651d. 49.01 (2g) of the statutes is created to read:

49.01 (2g) “Health care services" means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. “Health care services" does not include services described under s. 51.42 (3) (ar) 4.

27,2652b Section 2652b. 49.01 (3) of the statutes is created to read:

49.01 (3) “Relief" means assistance that is provided to a dependent person and funded by a relief block grant.

27,2653 Section 2653 . 49.01 (3m) (b) of the statutes is created to read:

49.01 (3m) (b) A tribal governing body or an agency under contract with the governing body to administer relief.

27,2654 Section 2654 . 49.01 (4) of the statutes is renumbered 49.001 (1m).

27,2655 Section 2655 . 49.01 (5) of the statutes is renumbered 49.001 (2).

27,2656 Section 2656 . 49.01 (5g) of the statutes is renumbered 49.001 (3).

27,2657b Section 2657b. 49.01 (5m) of the statutes is amended to read:

49.01 (5m) “General relief" means such services, commodities or money as are reasonable and necessary under the circumstances to provide food, housing, clothing, fuel, light, water, medicine, medical, dental, and surgical treatment (including hospital care), optometrical services, nursing, transportation, and funeral expenses, and include. Except in counties that make the election under s. 49.032 (2) (a), general relief also includes benefits under s. 49.032 and any wages for work relief. The food furnished shall be of a kind and quantity sufficient to provide a nourishing diet. The housing provided shall be adequate for health and decency. Where there are children of school age the general relief furnished shall include necessities for which no other provision is made by law. The general relief furnished, whether by money or otherwise, shall be at such times and in such amounts, as will in the discretion of the general relief official or agency meet the needs of the recipient and protect the public.

27,2657c Section 2657c. 49.01 (5m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2658b Section 2658b. 49.01 (5r) of the statutes is renumbered 49.01 (3m) (intro.) and amended to read:

49.01 (3m) (intro.) “General relief Relief agency" means the following if a county or tribal governing body operates a relief program funded by a relief block grant:

(a) A county department under s. 46.215, 46.22 or 46.23 or an agency under contract with a county department to administer relief.

27,2659 Section 2659 . 49.01 (6) of the statutes is renumbered 49.001 (4).

27,2660 Section 2660 . 49.01 (6m) of the statutes is renumbered 49.001 (5).

27,2661 Section 2661 . 49.01 (7) of the statutes is renumbered 49.43 (10m).

27,2661g Section 2661g. 49.01 (7m) of the statutes is created to read:

49.01 (7m) “Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 49.027 or 49.029.

27,2661r Section 2661r. 49.01 (7m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.001 (5p).

27,2662 Section 2662 . 49.01 (8g) of the statutes is renumbered 49.001 (6).

27,2663 Section 2663 . 49.01 (8j) of the statutes is created to read:

49.01 (8j) “Secretary" means the secretary of health and social services.

27,2664 Section 2664 . 49.01 (8m) of the statutes is renumbered 49.001 (7).

27,2665 Section 2665 . 49.01 (8p) of the statutes is created to read:

49.01 (8p) “Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.

27,2666 Section 2666 . 49.01 (8r) of the statutes is renumbered 49.001 (8).

27,2667 Section 2667 . 49.01 (9) of the statutes is repealed.

27,2668 Section 2668 . 49.01 (10) of the statutes is repealed.

27,2669 Section 2669 . 49.015 (title) of the statutes is amended to read:

49.015 (title) General relief Relief eligibility.

27,2670b Section 2670b. 49.015 (1) of the statutes is created to read:

49.015 (1) General eligibility requirements. Except as provided in subs. (1m) to (2m), an individual is eligible for relief if the individual meets all of the following conditions:

  (a) Except as provided in sub. (3) (a), the individual resides in a county, or on tax-free land, in which the county or tribal governing body operates a program funded by a relief block grant.

(c) The individual qualifies under written criteria of dependency under s. 49.02 (1) (b) established by the relief agency in that county or on that tax-free land.

27,2671 Section 2671. 49.015 (1) (a) of the statutes is renumbered 49.015 (1m) (a).

27,2672b Section 2672b. 49.015 (1) (b) (intro.) of the statutes is renumbered 49.015 (1m) (b) (intro.) and amended to read:

49.015 (1m) (b) (intro.) No person individual is eligible for general relief under this chapter unless the person individual has resided in this state for at least 60 consecutive days before applying for general relief. This requirement does not apply if the person individual resides in this state and meets any of the following conditions:

27,2673b Section 2673b. 49.015 (1) (b) 1. of the statutes is renumbered 49.015 (1m) (b) 1. and amended to read:

49.015 (1m) (b) 1. The person individual was born in this state.

27,2674b Section 2674b. 49.015 (1) (b) 2. of the statutes is renumbered 49.015 (1m) (b) 2. and amended to read:

49.015 (1m) (b) 2. The person individual has, in the past, resided in this state for at least 365 consecutive days.

27,2675b Section 2675b. 49.015 (1) (b) 3. of the statutes is renumbered 49.015 (1m) (b) 3. and amended to read:

49.015 (1m) (b) 3. The person individual came to this state to join a close relative who has resided in this state for at least 180 days before the arrival of the person individual.

27,2676b Section 2676b. 49.015 (1) (b) 4. of the statutes is renumbered 49.015 (1m) (b) 4. and amended to read:

49.015 (1m) (b) 4. The person individual came to this state to accept a bona fide offer of employment and the person individual was eligible to accept the employment.

27,2677 Section 2677 . 49.015 (1m) (title) of the statutes is created to read:

49.015 (1m) (title) State residency requirements.

27,2678b Section 2678b. 49.015 (2) (a) of the statutes is renumbered 49.015 (2) and amended to read:

49.015 (2) (title) Recipients of other aid. A person Except as provided in sub. (3), an individual is not eligible for general relief under this chapter for a month in which the person individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children or supplemental security income benefits are immediately available to the person individual.

27,2679b Section 2679b. 49.015 (2) (b) of the statutes is amended to read:

49.015 (2) (b) No person is eligible for general relief under this chapter for a month in which the person is denied, or his or her needs are removed from a grant of, food stamps or aid to families with dependent children under 7 USC 2015 (d) (1), 42 USC 602 (a) (19) (F), 42 USC 607 (b) (2) (C), 42 USC 609 (c) or 42 USC 645 (b) 1 (B) because the person has failed to comply with requirements related to employment or training. A general relief agency may not deny general relief under this subsection to any person other than the person who has failed to comply with those requirements. If Except in counties that have elected not to provide nonmedical benefits under s. 49.032 (2) (a), if the adult caretaker of a child is denied general relief under this subsection and the case involves mismanagement, the general relief agency shall make the general relief payment for the child in the form of a protective payment.

27,2679c Section 2679c. 49.015 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2680 Section 2680 . 49.015 (2) (c) of the statutes is repealed.

27,2681b Section 2681b. 49.015 (3) (title) of the statutes is created to read:

49.015 (3) (title) Waiver of certain eligibility requirements.

27,2681c Section 2681c. 49.015 (3) of the statutes is renumbered 49.015 (3) (b) and amended to read:

49.015 (3) (b) After December 31, 1986, a general A relief agency may waive the requirement under sub. (1) (b) or (2) (a) (2) or (2m) in a medical emergency or in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may deny reimbursement under s. 49.035 for any case in which a waiver is inappropriately granted make a determination as to the appropriateness of the waiver under rules promulgated by the department under s. 49.02 (7m) (d).

27,2681d Section 2681d. 49.015 (3) (a) of the statutes is created to read:

49.015 (3) (a) A relief agency may waive the requirement under sub. (1) (a) for an individual receiving health care services from a trauma center that meets the criteria established by the American College of Surgeons for classification as a Level I trauma center. If the county waives the requirement under sub. (1) (a) for an individual, the county may seek reimbursement from the individual's county of residence if that county operates a program funded by a relief block grant.

27,2682 Section 2682 . 49.015 (4) of the statutes is repealed.

27,2683b Section 2683b. 49.02 (title) of the statutes is amended to read:

49.02 (title) General relief Relief block grant administration.

27,2684b Section 2684b. 49.02 (1) of the statutes is created to read:

49.02 (1) Eligibility for relief block grants. A county or tribal governing body is eligible to receive a relief block grant if all of the following conditions are met: