AB150-ASA,904,17
1349.81 Public assistance recipients' bill of rights. (intro.) The department
14of health and social services, the department of industry, labor and human relations 15and all public assistance and relief-granting agencies shall respect rights for
16recipients of public assistance. The rights shall include all rights guaranteed by the
17U.S. constitution and the constitution of this state, and in addition shall include:
AB150-ASA,904,19
1949.001 Definitions. (intro.) In this chapter:
AB150-ASA,905,6
149.001
(5m) "Prisoner" means any person who is either arrested, incarcerated,
2imprisoned or otherwise detained in excess of 12 hours by any law enforcement
3agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11)
4(b) or 55.06 (11) (a) or ch. 980. "Prisoner" does not include any person who is serving
5a sentence of detention under s. 973.03 (4) unless the person is in the county jail
6under s. 973.03 (4) (c).
AB150-ASA, s. 2645
7Section
2645. Subchapter II (title) of chapter 49 [precedes 49.002] of the
8statutes is created to read:
AB150-ASA,905,1110
SUBCHAPTER II
11
RELIEF BLOCK GRANTS
AB150-ASA,906,413
49.002
(1) It is declared to be legislative policy that
, except in counties that
14make the election under s. 49.032 (2) (a), all recipients of general relief shall have
15maximum exposure to job training and job opportunities through the Wisconsin state
16employment service as well as other government agencies. Applicants and recipients
17of general relief shall comply with the established work-seeking rules of the general
18relief agency. Recipients of general relief shall also comply with the established work
19relief rules of the general relief agency. If a recipient of general relief refuses a bona
20fide offer of employment or training without good cause, or accepts a bona fide offer
21and subsequently performs inadequately through wilful neglect, or fails to comply
22with the work-seeking or work relief rules of the general relief agency, the general
23relief agency may discontinue general relief payments to the recipient for a period
24not to exceed 30 days for a first refusal, inadequate performance or failure to comply
25and for a period not to exceed 60 days for a 2nd or subsequent refusal, inadequate
1performance or failure to comply. The department shall promulgate rules to
2establish standards for determinations of benefit discontinuances under this
3subsection that exceed 30 days. Any Wisconsin taxpayer shall have standing in the
4circuit court for the purpose of obtaining an injunction to enforce this subsection.
AB150-ASA, s. 2646c
5Section 2646c. 49.002 (1) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is repealed.
AB150-ASA,906,158
49.002
(2) It is the declared legislative policy that general relief is the payer
9of last resort in all cases, except those cases involving crime victim awards under s.
10949.06, where
a benefit is covered by general relief in a county and where a dispute
11may arise over payment for costs associated with
maintaining the health and welfare
12of recipients providing that benefit to a recipient of general relief, including disputes
13concerning health care costs with private or public payees of health care costs, other
14governmental welfare programs, rehabilitation programs and programs requiring
15institutionalization or long-term medical and psychiatric treatment.
AB150-ASA, s. 2647c
16Section 2647c. 49.002 (2) of the statutes, as affected by 1995 Wisconsin Act
17.... (this act), is renumbered 49.002 and amended to read:
AB150-ASA,907,2
1849.002 Legislative declaration. It is the declared legislative policy that
19general a county receiving a relief
block grant is the payer of last resort in all cases,
20except those cases involving crime victim awards under s. 949.06, where a benefit is
21covered by
general relief
funded by a relief block grant in a county and where a
22dispute may arise over payment for costs associated with
providing that benefit to
23a recipient of general relief, including disputes concerning health care costs with
24private or public payees of health care costs, other governmental welfare programs,
25rehabilitation programs and programs requiring institutionalization or long-term
1medical and psychiatric treatment providing health care services to recipients of
2relief funded by a relief block grant.
AB150-ASA,907,4
449.01 Definitions. (intro.) As used in this
chapter subchapter:
AB150-ASA, s. 2649
5Section
2649. 49.01 (1) of the statutes is renumbered 49.43 (1e) and amended
6to read:
AB150-ASA,907,127
49.43
(1e) "Accommodated person" means any person in a hospital or in a
8skilled nursing facility or intermediate care facility, as defined in Title XIX of the
9social security act, who would have been eligible for benefits under s.
49.177 or 49.19
10or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and
11any person in such an institution who can be found eligible for Title XIX under the
12social security act.
AB150-ASA,907,1414
49.01
(1m) "Department" means the department of health and social services.
AB150-ASA,907,2016
49.01
(2) "Dependent person"
or "dependent" means an individual
without the
17presently available money, income, property or credit, or other means by which it can
18be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient
19to provide the necessary commodities and services specified in sub. (5m) who is
20eligible for relief under s. 49.015.
AB150-ASA,908,222
49.01
(2g) "Health care services" means such emergency and nonemergency
23medical, surgical, dental, hospital, nursing and optometric services as are
24reasonable and necessary under the circumstances, as determined by the county or
1tribal governing body. "Health care services" does not include services described
2under s. 51.42 (3) (ar) 4.
AB150-ASA,908,54
49.01
(3) "Relief" means assistance that is provided to a dependent person and
5funded by a relief block grant.
AB150-ASA,908,87
49.01
(3m) (b) A tribal governing body or an agency under contract with the
8governing body to administer relief.
AB150-ASA,908,2513
49.01
(5m) "General relief" means such services, commodities or money as are
14reasonable and necessary under the circumstances to provide
food, housing,
15clothing, fuel, light, water, medicine, medical, dental, and surgical treatment
16(including hospital care), optometrical services, nursing,
transportation, and funeral
17expenses
, and include. Except in counties that make the election under s. 49.032 (2)
18(a), general relief also includes benefits under s. 49.032 and any wages for work relief.
19The food furnished shall be of a kind and quantity sufficient to provide a nourishing
20diet. The housing provided shall be adequate for health and decency. Where there
21are children of school age the general relief furnished shall include necessities for
22which no other provision is made by law. The general relief furnished, whether by
23money or otherwise, shall be at such times and in such amounts, as will in the
24discretion of the general relief official or agency meet the needs of the recipient and
25protect the public.
AB150-ASA, s. 2657c
1Section 2657c. 49.01 (5m) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed.
AB150-ASA, s. 2658b
3Section 2658b. 49.01 (5r) of the statutes is renumbered 49.01 (3m) (intro.) and
4amended to read:
AB150-ASA,909,75
49.01
(3m) (intro.) "
General relief Relief agency" means
the following if a
6county
or tribal governing body operates a relief program funded by a relief block
7grant:
AB150-ASA,909,9
8(a) A county department under s. 46.215, 46.22 or 46.23
or an agency under
9contract with a county department to administer relief.
AB150-ASA,909,1514
49.01
(7m) "Relief block grant" means a block grant awarded to a county or
15tribal governing body under s. 49.025, 49.027 or 49.029.
AB150-ASA, s. 2661r
16Section 2661r. 49.01 (7m) of the statutes, as created by 1995 Wisconsin Act
17.... (this act), is renumbered 49.001 (5p).
AB150-ASA,909,2020
49.01
(8j) "Secretary" means the secretary of health and social services.
AB150-ASA,909,2423
49.01
(8p) "Tribal governing body" means an elected tribal governing body of
24a federally recognized American Indian tribe.
AB150-ASA,910,4
449.015 (title)
General relief
Relief eligibility.
AB150-ASA,910,86
49.015
(1) General eligibility requirements. Except as provided in subs. (1m)
7to (2m), an individual is eligible for relief if the individual meets all of the following
8conditions:
AB150-ASA,910,11
9(a) Except as provided in sub. (3) (a), the individual resides in a county, or on
10tax-free land, in which the county or tribal governing body operates a program
11funded by a relief block grant.
AB150-ASA,910,1312
(c) The individual qualifies under written criteria of dependency under s. 49.02
13(1) (b) established by the relief agency in that county or on that tax-free land.
AB150-ASA, s. 2671
14Section
2671. 49.015 (1) (a) of the statutes is renumbered 49.015 (1m) (a).
AB150-ASA, s. 2672b
15Section 2672b. 49.015 (1) (b) (intro.) of the statutes is renumbered 49.015 (1m)
16(b) (intro.) and amended to read:
AB150-ASA,910,2117
49.015
(1m) (b) (intro.) No
person
individual is eligible for
general relief
under
18this chapter unless the
person individual has resided in this state for at least 60
19consecutive days before applying for
general relief. This requirement does not apply
20if the
person individual resides in this state and meets any of the following
21conditions:
AB150-ASA, s. 2673b
22Section 2673b. 49.015 (1) (b) 1. of the statutes is renumbered 49.015 (1m) (b)
231. and amended to read:
AB150-ASA,910,2424
49.015
(1m) (b) 1. The
person individual was born in this state.
AB150-ASA, s. 2674b
1Section 2674b. 49.015 (1) (b) 2. of the statutes is renumbered 49.015 (1m) (b)
22. and amended to read:
AB150-ASA,911,43
49.015
(1m) (b) 2. The
person individual has, in the past, resided in this state
4for at least 365 consecutive days.
AB150-ASA, s. 2675b
5Section 2675b. 49.015 (1) (b) 3. of the statutes is renumbered 49.015 (1m) (b)
63. and amended to read:
AB150-ASA,911,97
49.015
(1m) (b) 3. The
person individual came to this state to join a close
8relative who has resided in this state for at least 180 days before the arrival of the
9person individual.
AB150-ASA, s. 2676b
10Section 2676b. 49.015 (1) (b) 4. of the statutes is renumbered 49.015 (1m) (b)
114. and amended to read:
AB150-ASA,911,1312
49.015
(1m) (b) 4. The
person individual came to this state to accept a bona fide
13offer of employment and the
person individual was eligible to accept the employment.
AB150-ASA, s. 2677
14Section
2677. 49.015 (1m) (title) of the statutes is created to read:
AB150-ASA,911,1515
49.015
(1m) (title)
State residency requirements.
AB150-ASA, s. 2678b
16Section 2678b. 49.015 (2) (a) of the statutes is renumbered 49.015 (2) and
17amended to read:
AB150-ASA,911,2318
49.015
(2) (title)
Recipients of other aid. A person Except as provided in sub.
19(3), an individual is not eligible for
general relief
under this chapter for a month in
20which the
person individual has received aid to families with dependent children
21under s. 49.19 or supplemental security income under
42 USC 1381 to
1383c or in
22which aid to families with dependent children or supplemental security income
23benefits are immediately available to the
person
individual.
AB150-ASA,912,12
149.015
(2) (b) No person is eligible for general relief under this chapter for a
2month in which the person is denied, or his or her needs are removed from a grant
3of, food stamps or aid to families with dependent children under
7 USC 2015 (d) (1),
442 USC 602 (a) (19) (F),
42 USC 607 (b) (2) (C),
42 USC 609 (c) or
42 USC 645 (b)
1 5(B) because the person has failed to comply with requirements related to
6employment or training. A general relief agency may not deny general relief under
7this subsection to any person other than the person who has failed to comply with
8those requirements.
If Except in counties that have elected not to provide
9nonmedical benefits under s. 49.032 (2) (a), if the adult caretaker of a child is denied
10general relief under this subsection and the case involves mismanagement, the
11general relief agency shall make the general relief payment for the child in the form
12of a protective payment.
AB150-ASA, s. 2679c
13Section 2679c. 49.015 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is repealed.