AB150,1116,6 6(1) "Department" means the department of health and social services.
AB150,1116,7 7(2) "Secretary" means the secretary of health and social services.
AB150, s. 3180 8Section 3180. 49.70 of the statutes, as affected by 1995 Wisconsin Act .... (this
9act), is renumbered 49.38.
****Note: This is reconciled s. 49.70. This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3181 10Section 3181. 49.70 (2) of the statutes is amended to read:
AB150,1117,911 49.70 (2) The department shall exercise the options to purchase such securities
12or accept an assignment of such securities when it finds that the owner of the
13securities is a resident of this state and is in need of general relief, public assistance
14or welfare aid, or who but for the ownership of such securities would qualify for
15general relief, public assistance or other welfare aid. If the department exercises an
16option to purchase such security, the purchase price shall be paid out, at par value,
17as general a relief payment. Where the department accepts an assignment of such
18security as provided in this section it shall pay out as general relief an amount equal
19to the par value of the security assigned. The general relief furnished, whether by
20money or otherwise, shall be at such times and in such amounts as will in the
21discretion of the department meet the needs of the recipient and protect the public.
22The department is authorized to exercise the options to purchase assigned to it in
23whole or in part, or to accept an assignment of such securities in whole or in part.

1The department is granted such authority as may be necessary and convenient to
2enable it to exercise the functions and perform the duties required of it by this
3section, including without limitation because of enumeration the authority to
4promulgate rules governing eligibility and the furnishing and paying of general
5relief under this section, the authority to enter into suitable agreements with the
6owner of the security or other appropriate persons for the purpose of carrying out this
7section, and the authority to sell or transfer the securities or defend and prosecute
8all actions concerning it and pay all just claims against it and do all other things
9necessary for the protection, preservation and management of the securities.
****Note: This is reconciled s. 49.70 (2). This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3182 10Section 3182. 49.80 (title) of the statutes is renumbered 16.385 (title).
AB150, s. 3183 11Section 3183. 49.80 (1) of the statutes is renumbered 16.385 (1).
AB150, s. 3184 12Section 3184. 49.80 (2) (title) of the statutes is renumbered 16.385 (2) (title).
AB150, s. 3185 13Section 3185. 49.80 (2) (a) of the statutes is renumbered 16.385 (2) (a).
AB150, s. 3186 14Section 3186. 49.80 (2) (b) of the statutes is renumbered 16.385 (2) (b) and
15amended to read:
AB150,1117,2216 16.385 (2) (b) The department of health and social services shall administer a
17low-income warm room program to install low-income warm room program
18materials in the dwellings of low-income warm room program volunteers and to
19train the low-income warm room program volunteers and the members of each
20low-income warm room program volunteer's household in the operation of the
21low-income warm room program materials to achieve maximum health and heating
22efficiency.
AB150, s. 3187
1Section 3187. 49.80 (3) (intro.) of the statutes is renumbered 16.385 (3)
2(intro.).
AB150, s. 3188 3Section 3188. 49.80 (3) (b) of the statutes is renumbered 16.385 (3) (b) and
4amended to read:
AB150,1118,75 16.385 (3) (b) By October 1 of every year from the appropriation under s. 20.435
6(4) (md)
20.505 (7) (o), determine the total amount available for payment of heating
7assistance under sub. (6) and determine the benefit schedule.
AB150, s. 3189 8Section 3189. 49.80 (3) (c) of the statutes is renumbered 16.385 (3) (c) and
9amended to read:
AB150,1118,1210 16.385 (3) (c) From the appropriation under s. 20.435 (4) (mc) 20.505 (7) (m),
11allocate $1,100,000 in each federal fiscal year for the department's expenses in
12administering the funds to provide low-income energy assistance.
AB150, s. 3190 13Section 3190. 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and
14amended to read:
AB150,1118,1815 16.385 (3) (d) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o),
16allocate $2,900,000 in each federal fiscal year for the expenses of a county
17department, another local governmental agency or a private nonprofit organization
18in administering under sub. (4) the funds to provide low-income energy assistance.
AB150, s. 3191 19Section 3191. 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e)
20(intro.) and amended to read:
AB150,1118,2221 16.385 (3) (e) (intro.) From the appropriation under s. 20.435 (4) (md) 20.505
22(7) (o)
:
AB150, s. 3192 23Section 3192. 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and
24amended to read:
AB150,1119,6
116.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7)
2(km), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal
3year under the priority of maintaining funding for the geographical areas on July 20,
41985, and, if funding is reduced, prorating contracted levels of payment, for the
5weatherization assistance program administered by the department of
6administration
under s. 16.39.
AB150, s. 3193 7Section 3193. 49.80 (3) (e) 2. of the statutes is amended to read:
AB150,1119,108 49.80 (3) (e) 2. Allocate $2,400,000 an amount determined by the department
9in each federal fiscal year for the payment of crisis assistance benefits to meet
10weather-related or fuel supply shortage emergencies under sub. (8).
AB150, s. 3194 11Section 3194. 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act
12.... (this act), is renumbered 16.385 (3) (e) 2.
****Note: This is reconciled s. 49.80 (3) (e) 2. This Section has been affected by drafts with
the following LRB numbers: -0774/2 and -2153/1.
AB150, s. 3195 13Section 3195. 49.80 (3) (e) 3. of the statutes is renumbered 16.385 (3) (e) 3.
AB150, s. 3196 14Section 3196. 49.80 (3) (e) 6. of the statutes is renumbered 16.385 (3) (e) 6.
AB150, s. 3197 15Section 3197. 49.80 (3) (e) 7. of the statutes is renumbered 16.385 (3) (e) 7.
AB150, s. 3198 16Section 3198. 49.80 (4) (title) of the statutes is renumbered 16.385 (4) (title).
AB150, s. 3199 17Section 3199. 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and
18amended to read:
AB150,1120,219 16.385 (4) (a) A household may apply after September 30 and before May 16
20of any year for heating assistance from the county department under s. 46.215 (1) (n)
21or 46.22 (1) (b) 10. 4. a. to e. or from another local governmental agency or a private
22nonprofit organization with which the department contracts to administer the

1heating assistance program, and shall have the opportunity to do so on a form
2prescribed by the department for that purpose.
AB150, s. 3200 3Section 3200. 49.80 (4) (b) of the statutes is renumbered 16.385 (4) (b).
AB150, s. 3201 4Section 3201. 49.80 (5) (intro.) of the statutes is renumbered 16.385 (5)
5(intro.).
AB150, s. 3202 6Section 3202. 49.80 (5) (b) of the statutes is renumbered 16.385 (5) (b).
AB150, s. 3203 7Section 3203. 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and
8amended to read:
AB150,1120,129 16.385 (5) (c) A household entirely composed of persons receiving aid to
10families with dependent children under s. 49.19, food stamps under 7 USC 2011 to
112029, or supplemental security income or state supplemental payments under 42
12USC 1381
to 1383c or s. 49.177 49.77.
AB150, s. 3204 13Section 3204. 49.80 (5) (d) of the statutes is renumbered 16.385 (5) (d).
AB150, s. 3205 14Section 3205. 49.80 (6) of the statutes is renumbered 16.385 (6).
AB150, s. 3206 15Section 3206. 49.80 (7) of the statutes is renumbered 16.385 (7).
AB150, s. 3207 16Section 3207. 49.80 (8) of the statutes is renumbered 16.385 (8).
AB150, s. 3208 17Section 3208. Subchapter VI (title) of chapter 49 [precedes 49.81] of the
18statutes is created to read:
AB150,1120,1919 Chapter 49
AB150,1120,2120 Subchapter VI
21 General provisions
AB150, s. 3209 22Section 3209. 49.82 (title) of the statutes is created to read:
AB150,1120,23 2349.82 (title) Administration of public assistance programs.
AB150, s. 3210 24Section 3210. 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act ....
25(this act), is amended to read:
AB150,1121,7
149.84 (2) At the time of application, the agency administering the public
2assistance program shall apply to the department of health and social services for
3a certified copy of a birth certificate for the applicant if the applicant is required to
4provide a birth certificate or social security number as part of the application and for
5any person in the applicant's household who is required to provide a birth certificate
6or social security number. The department of health and social services shall provide
7without charge any copy for which application is made under this subsection.
****Note: This is reconciled s. 49.84 (2). This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3211 8Section 3211. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act ....
9(this act), is amended to read:
AB150,1121,1410 49.84 (5) A person applying for aid to families with dependent children under
11s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV or food stamp program
12benefits under 7 USC 2011 to 2029 shall, as a condition of eligibility, provide a
13declaration and other verification of citizenship or satisfactory immigration status
14as required in 42 USC 1320b-7 (d).
****Note: This is reconciled s. 49.84 (5). This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3212 15Section 3212. 49.85 (2) (b), (3) (b) and (4) (b) of the statutes are created to read:
AB150,1122,216 49.85 (2) (b) At least annually, the department of industry, labor and human
17relations shall certify to the department of revenue the amounts that, based on the
18notifications received under sub. (1) and on other information received by the
19department of industry, labor and human relations, the department of industry,
20labor and human relations has determined that it may recover under ss. 49.125 (1)
21and (2m) and 49.195 (3) and (4m), except that the department of industry, labor and
22human relations may not certify an amount under this subsection unless it has met

1the notice requirements under sub. (3) and unless it's determination has either not
2been appealed or is no longer under appeal.
AB150,1122,6 3(3) (b) At least 30 days before certification of an amount, the department of
4industry, labor and human relations shall send a notice to the last-known address
5of the person from whom that department intends to recover the amount. The notice
6shall do all of the following:
AB150,1122,117 1. Inform the person that the department of industry, labor and human
8relations intends to certify to the department of revenue an amount that the
9department of industry, labor and human relations has determined to be due under
10s. 49.125 (1) or (2m) or 49.195 (3) or (4m), for setoff from any state tax refund that
11may be due the person.
AB150,1122,1512 2. Inform the person that he or she may appeal the determination of the
13department of industry, labor and human relations to certify the amount by
14requesting a hearing under sub. (4) within 30 days after the date of the letter and
15inform the person of the manner in which he or she may request a hearing.
AB150,1122,1916 3. Inform the person that, if the determination of the department of industry,
17labor and human relations is appealed, that department will not certify the amount
18to the department of revenue while the determination of the department of industry,
19labor and human relations is under appeal.
AB150,1122,2520 4. Inform the person that, unless a contested case hearing is requested to
21appeal the determination of the department of industry, labor and human relations,
22the person may be precluded from challenging any subsequent setoff of the certified
23amount by the department of revenue, except on the grounds that the certified
24amount has been partially or fully paid or otherwise discharged, since the date of the
25notice.
AB150,1123,3
15. Request that the person inform the department of industry, labor and human
2relations if a bankruptcy stay is in effect with respect to the person or if the claim has
3been discharged in bankruptcy.
AB150,1123,54 6. Inform the person that the person may need to contact the department of
5revenue in order to protect the refunds of spouses who are not liable for the claim.
AB150,1123,10 6(4) (b) If a person has requested a hearing under this subsection, the
7department of industry, labor and human relations shall hold a contested case
8hearing under s. 227.44, except that the department of industry, labor and human
9relations may limit the scope of the hearing to exclude issues that were presented at
10a prior hearing or that could have been presented at a prior opportunity for hearing.
****Note: This is reconciled 49.85 (2) (b) and (3) (b) 1. This Section has been affected by
drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
AB150, s. 3213 11Section 3213. 49.86 of the statutes is created to read:
AB150,1124,2 1249.86 Disbursement of funds and facsimile signatures. Withdrawal or
13disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5),
14to the credit of the department of industry, labor and human relations or any of its
15divisions or agencies shall be by check, share draft or other draft signed by the
16secretary of industry, labor and human relations or by one or more persons in the
17department of industry, labor and human relations designated by written
18authorization of the secretary of industry, labor and human relations. Such checks,
19share drafts and other drafts shall be signed personally or by use of a mechanical
20device adopted by the secretary of industry, labor and human relations or his or her
21designees for affixing a facsimile signature. Any public depository shall be fully
22warranted and protected in making payment on any check, share draft or other draft
23bearing 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, s. 3214 3Section 3214. 49.89 (7) (bm) of the statutes is created to read:
AB150,1124,74 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, s. 3215 8Section 3215. 49.89 (7) (d) 2. of the statutes is created to read:
AB150,1124,149 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, s. 3216 15Section 3216. 49.90 (1) (b) of the statutes is amended to read:
AB150,1124,1716 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, s. 3217 18Section 3217. 49.90 (2g) of the statutes is amended to read:
AB150,1125,219 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a
20grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
21is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
22dependent minor or the child's parent may apply to the circuit court for the county
23in which the child resides for an order to compel the provision of maintenance. A
24county department under s. 46.215, 46.22 or 46.23, a county child support agency or
25the department of health and social services may initiate an action to obtain

1maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless
2of whether the child receives public assistance.
AB150, s. 3218 3Section 3218. 49.90 (4) of the statutes is amended to read:
AB150,1126,44 49.90 (4) The circuit court shall in a summary way hear the allegations and
5proofs of the parties and by order require maintenance from these relatives, if they
6have sufficient ability, considering their own future maintenance and making
7reasonable allowance for the protection of the property and investments from which
8they derive their living and their care and protection in old age, in the following
9order: First the husband or wife; then the father and the mother; and then the
10grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
11a sum which will be sufficient for the support of the dependent person under sub. (1)
12(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
13paid weekly or monthly, during a period fixed by the order or until the further order
14of the court. If the court is satisfied that any such relative is unable wholly to
15maintain the dependent person or the child, but is able to contribute to the person's
16support or the child's maintenance, the court may direct 2 or more of the relatives
17to maintain the person or the child and prescribe the proportion each shall
18contribute. If the court is satisfied that these relatives are unable together wholly
19to maintain the dependent person or the child, but are able to contribute to the
20person's support or the child's maintenance, the court shall direct a sum to be paid
21weekly or monthly by each relative in proportion to ability. Contributions directed
22by court order, if for less than full support, shall be paid to the department of health
23and social services
and distributed as required by state and federal law. An order
24under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
25specifically assign responsibility for and direct the manner of payment of the child's

1health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
2application of any party affected by the order and upon like notice and procedure, the
3court may modify such an order. Obedience to such an order may be enforced by
4proceedings for contempt.
AB150, s. 3219 5Section 3219. 49.90 (6) of the statutes is amended to read:
AB150,1126,136 49.90 (6) If any relative who has been ordered to maintain an institutionalized
7dependent person or an institutionalized child of a dependent person under 18 years
8of age neglects to do as ordered, the authorities in charge of the dependent or child
9or in charge of the institution may recover in an action on behalf of the general
10emergency medical relief agency or institution for general any emergency medical
11relief or support accorded the dependent person or child against such relative the
12sum prescribed for each week
while the order was disobeyed and up to the time of
13judgment, with costs.
AB150, s. 3220 14Section 3220 . 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
15.... (this act), is amended to read:
AB150,1126,2116 49.95 (4m) (a) Without legal authority, sends or brings a person to a county,
17tribal governing body or municipality or advises a person to go to a county, tribal
18governing body or municipality for the purpose of obtaining emergency medical relief
19under s. 49.02, aid to families with dependent children under s. 49.19, medical
20assistance under ss. 49.45 to 49.47 subch. IV or food stamps under 7 USC 2011 to
212029.
****Note: This is reconciled s. 49.12 (4m) (a) [renumbered s. 49.95 (4m) (a)]. This Section
has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3221 22Section 3221. 50.01 (1d) of the statutes is created to read:
AB150,1127,5
150.01 (1d) "Assisted living facility" means a place where 5 or more adults reside
2that entirely consists of independent apartments, each of which has an individual
3lockable entrance and exit and individual separate kitchen, bathroom, sleeping and
4living areas, and that to a person who resides in the place provides not more than 28
5hours per week of services that are supportive, personal and nursing services.
AB150, s. 3222 6Section 3222. 50.02 (1) of the statutes is amended to read:
AB150,1127,217 50.02 (1) Departmental authority. The department may provide uniform,
8statewide licensing, inspection and regulation of community-based residential
9facilities and nursing homes as provided in this subchapter. The department shall
10certify, inspect and otherwise regulate adult family homes, as specified under s.
1150.032 and shall license adult family homes, as specified under s. 50.033. Nothing
12in this subchapter may be construed to limit the authority of the department of
13industry, labor and human relations development or of municipalities to set
14standards of building safety and hygiene, but any local orders of municipalities shall
15be consistent with uniform, statewide regulation of community-based residential
16facilities. The department may not prohibit any nursing home from distributing
17over-the-counter drugs from bulk supply. The department may consult with
18nursing homes as needed and may provide specialized consultations when requested
19by any nursing home, separate from its inspection process, to scrutinize any
20particular questions the nursing home raises. The department shall, by rule, define
21"specialized consultation".
AB150, s. 3223 22Section 3223. 50.02 (2) (a) of the statutes is amended to read:
AB150,1128,1023 50.02 (2) (a) The department, by rule, shall develop, establish and enforce
24regulations and standards for the care, treatment, health, safety, rights, welfare and
25comfort of residents in community-based residential facilities and nursing homes

1and for the construction, general hygiene, maintenance and operation of those
2facilities which, in the light of advancing knowledge, will promote safe and adequate
3accommodation, care and treatment of residents in those facilities; and promulgate
4and enforce rules consistent with this section. Such standards and rules shall
5provide that intermediate care facilities, which have 16 or fewer beds may, if
6exempted from meeting certain physical plant, staffing and other requirements of
7the federal regulations, be exempted from meeting the corresponding provisions of
8the department's standards and rules. The department shall consult with the
9department of industry, labor and human relations development when developing
10exemptions relating to physical plant requirements.
AB150, s. 3224 11Section 3224. 50.02 (2) (am) 3. of the statutes is created to read:
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