49.02 Cross-reference
Cross Reference: See also chs.
HFS 250 and
251, Wis. adm. code.
49.025
49.025
Relief block grants to counties with a population of 500,000 or more; medical relief. 49.025(1)
(1)
Applicability. This section applies only to a county having a population of 500,000 or more.
49.025(2)(a)(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 (4) (bt), an amount for that year determined as follows:
49.025(2)(a)1.
1. The department shall determine the lesser of the following:
49.025(2)(a)1.a.
a. For 1996, $17,600,000, and for each year thereafter, $16,600,000.
49.025(2)(a)1.b.
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, including the amount transferred to the appropriation account under
s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under
s. 20.435 (4) (h).
49.025(2)(a)2.
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.
49.025(2)(b)
(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).
49.025(3)
(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.
49.025 History
History: 1995 a. 27;
1997 a. 27,
35;
1999 a. 9.
49.027
49.027
Relief block grants to counties having a population of less than 500,000; medical and nonmedical relief. 49.027(1)(1) A
pplicability. This section applies only to a county having a population of less than 500,000.
49.027(2)(a)(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 and subject to
par. (c), from the appropriation under
s. 20.435 (4) (bt), an amount for that year determined as follows:
49.027(2)(a)2.
2. The department shall calculate the sum of the following:
49.027(2)(a)2.a.
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.
49.027(2)(a)2.b.
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.
49.027(2)(a)4.
4. From the amount determined under
subd. 2., the department shall subtract amounts paid to hospitals in that county under
s. 49.45 (6y) and
(6z) for that calendar year.
49.027(2)(b)
(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).
49.027(2)(c)
(c) If sufficient funds are not available to pay all of the relief block grants calculated under
par. (a), the department shall prorate the available funds among the eligible counties in proportion to the amounts calculated under
par. (a).
49.027(3)
(3) Use of relief block grant funds. A county may use moneys received as a relief block grant to provide services only as follows:
49.027(3)(a)
(a) To provide health care services to dependent persons.
49.027(3)(b)
(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.
49.027(4)
(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.
49.029
49.029
Block grants to tribal governing bodies; medical relief. 49.029(1)(1) A
pplicability. This section applies only to tribal governing bodies.
49.029(2)
(2) Amount and distribution of relief block grant. From the appropriation under
s. 20.435 (4) (kb), 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.
49.029(3)
(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. Notwithstanding
s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.
49.029 Cross-reference
Cross Reference: See also ch.
HFS 250, Wis. adm. code.
49.031
49.031
Payment of relief block grants to counties. 49.031(1)(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.
49.031(2)
(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.
49.031 History
History: 1995 a. 27.
49.08
49.08
Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under 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. 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 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 relief or other assistance. Where the 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 relief or other assistance furnished.
49.08 Annotation
A dependent of a relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy,
81 Wis. 2d 32,
259 N.W.2d 701 (1977).
ECONOMIC SUPPORT AND WORK PROGRAMS
49.11
49.11
Definitions. In this subchapter:
49.11(1)
(1) "Department" means the department of workforce development.
49.11(2)
(2) "Secretary" means the secretary of workforce development.
49.11 History
History: 1995 a. 27 ss.
2770,
9130 (4);
1997 a. 3.
49.114
49.114
Contract powers of the department. 49.114(1)(1)
Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
49.114(2)
(2) Nondiscrimination against religious organizations. If the department is authorized under
ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the
First Amendment of the U.S. Constitution and
article I, section 18, of the Wisconsin Constitution. Except as provided in
sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.
49.114(3)
(3) Religious character and freedom. 49.114(3)(a)(a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.
49.114(3)(b)
(b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.
49.114(4)
(4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.
49.114(5)
(5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under
42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.
49.114(6)
(6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.
49.114(7)(a)(a) Except as provided in
par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.
49.114(7)(b)
(b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.
49.114(8)
(8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.
49.114(9)
(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.
49.114(10)
(10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.
49.114 History
History: 1997 a. 27.
49.114 Annotation
Grants to a faith-based counseling organization that integrated religion into its counseling program were unconstitutional when there were insufficient safeguards in place to insure that public funding did not contribute to a religious end. Freedom From Religion Foundation v. McCallum,
179 F. Supp. 2d 950 (2002).
49.13
49.13
Employment and training program. 49.13(2)(a)(a) The department shall contract with the department of health and family services as provided under
s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program. The department may subcontract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in
pars. (b) and
(bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.
49.13(2)(b)
(b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under
par. (a).
49.13(2)(bm)
(bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under
par. (a) if that individual is enrolled at least half time in a school, as defined in
s. 49.26 (1) (a) 2., a training program or an institution of higher education.
49.13(2)(cm)
(cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under
s. 49.147 (4) or
(5) shall be calculated based on the pre-sanction benefit amount received
s. 49.148.
49.13(2)(d)
(d) A participant in an employment and training program under this section administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section administered by a Wisconsin works agency is an employee of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.13(3)
(3) An individual who fails to comply with the work requirements under
sub. (2) (a) without good cause is ineligible to participate in the food stamp program under
s. 49.79 as follows:
49.13(3)(a)
(a) For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13(3)(b)
(b) For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13(3)(c)
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13 History
History: 2001 a. 16 ss.
1656ti,
1656tjm to
1656tp,
1656uu.
49.131
49.131
Electronic transfer of benefits. 49.131(1)
(1) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department to recipients of benefits by an electronic benefit transfer system.
49.131(2)
(2) If the necessary authorization under
sub. (1) is granted, and except as provided in
sub. (3), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
49.131(3)
(3) The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.131 History
History: 2001 a. 16 ss.
1656ug,
1656uh,
1656uv,
1656uw.
49.133
49.133
Refusal to pay child care providers. The department or a county department under
s. 46.215,
46.22 or
46.23 may refuse to pay a child care provider for child care provided under s.
49.132, 1995 stats., or any other program if any of the following applies to the child care provider, employee or person living on the premises where child care is provided:
49.133(1)
(1) The person has been convicted of a felony or misdemeanor that the department or county department under
s. 46.215,
46.22 or
46.23 determines substantially relates to the care of children.
49.133(2)
(2) The person is the subject of a pending criminal charge that the department or county department under
s. 46.215,
46.22 or
46.23 determines substantially relates to the care of children.
49.133(3)
(3) The person has been determined under
s. 48.981 to have abused or neglected a child.
49.133 History
History: 1989 a. 31;
1995 a. 404 s.
122; Stats. 1995 s. 49.133;
1997 a. 252.
