49.38 Menominee Enterprises, Inc., bonds, acquisition.
(1) The department is authorized to exercise options to purchase securities assigned to the state of Wisconsin under s. 710.05, 1973 stats., at par value, or to accept an assignment of such securities, for the purpose of providing relief, public assistance or welfare aid under this section.
(2) The department shall exercise the options to purchase such securities or accept an assignment of such securities when it finds that the owner of the securities is a resident of this state and is in need of public assistance, or who but for the ownership of such securities would qualify for public assistance. If the department exercises an option to purchase such security, the purchase price shall be paid out, at par value, as a relief payment. Where the department accepts an assignment of such security as provided in this section it shall pay out as relief an amount equal to the par value of the security assigned. The relief furnished, whether by money or otherwise, shall be at such times and in such amounts as will in the discretion of the department meet the needs of the recipient and protect the public. The department is authorized to exercise the options to purchase assigned to it in whole or in part, or to accept an assignment of such securities in whole or in part. The department is granted such authority as may be necessary and convenient to enable it to exercise the functions and perform the duties required of it by this section, including without limitation because of enumeration the authority to promulgate rules governing eligibility and the furnishing and paying of relief under this section, the authority to enter into suitable agreements with the owner of the security or other appropriate persons for the purpose of carrying out this section, and the authority to sell or transfer the securities or defend and prosecute all actions concerning it and pay all just claims against it and do all other things necessary for the protection, preservation and management of the securities.
(3) If the relief, public assistance, or other welfare aid provided pursuant to this section is discontinued during the life of the person receiving such aid and the value of the securities transferred to the department exceed the total amount of assistance paid under this section, the excess of such property shall be returned to such person; and in the event of the person's death the excess shall be considered the property of such person for administration proceedings.
(4) The department may make loans to the owner of such securities for relief and welfare purposes which loans shall be secured by pledges of the securities to the state. The department may by rule establish the purposes for which loans may be made, permissible interest rates and fees, time and manner in which the loan is paid out, time and manner of repayment, general procedures to be followed in making loans, the action which shall be taken if a borrower defaults on a loan, maximum amount which may be loaned to any one borrower, and any other rules necessary to carry out the purposes of this section.
(5) Nothing in this section as created by chapter 2, laws of Special Session of 1963, is in derogation of other rights and remedies provided by law.
(6) On and after May 20, 1972, where the owner of such security is otherwise eligible for welfare assistance, such security shall be an exempt asset under the welfare law and shall not disqualify such person from receiving welfare assistance.
History: 1971 c. 302; 1975 c. 422 s. 163; 1981 c. 390 s. 252; 1983 a. 189 s. 329 (19); 1985 a. 29, 120; 1989 a. 359; 1991 a. 316; 1995 a. 27 ss. 3180, 3181; Stats. 1995 s. 49.38.
NOTE: Ch. 303, 1971 laws, provided for returning to its original owners Menominee Enterprises, Inc. bonds assigned to the state as a condition for receiving public assistance.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 49 - Public assistance and children and family services.
49.02 - Relief block grant administration.
49.029 - Block grants to tribal governing bodies; medical relief.
49.08 - Recovery of relief and other assistance.
49.114 - Contract powers of the department.
49.131 - Electronic transfer of benefits.
49.134 - Child care resource and referral service grants.
49.136 - Child care start-up and expansion.
49.137 - Child care quality improvement.
49.1375 - Early childhood excellence initiative.
49.138 - Emergency assistance for families with needy children.
49.1385 - Grants for services for homeless and runaway youth.
49.139 - Emergency shelter funding.
49.141 - Wisconsin works; general provisions.
49.143 - Wisconsin works; agency contracts.
49.145 - Wisconsin works; eligibility for employment positions.
49.1452 - Payment of support arrears.
49.1455 - Child support demonstration project.
49.147 - Wisconsin works; work programs and job access loans.
49.1473 - Wisconsin works; domestic abuse screening and training.
49.148 - Wisconsin works; wages and benefits.
49.149 - Wisconsin works; education and training.
49.15 - Wisconsin works; 2-parent families.
49.151 - Wisconsin works; sanctions.
49.1515 - Determining nonparticipation.
49.152 - Review of agency decisions.
49.153 - Notice before taking certain actions.
49.155 - Wisconsin Shares; child care subsidy.
49.157 - Wisconsin works; transportation assistance.
49.159 - Wisconsin works; noncustodial and minor and other custodial parents.
49.161 - Wisconsin works; overpayments.
49.162 - Substance abuse screening and testing for certain work experience programs.
49.163 - Transform Milwaukee Jobs program and Transitional Jobs program.
49.1635 - Wisconsin Trust Account Foundation.
49.165 - Domestic abuse grants.
49.167 - Alcohol and other drug abuse treatment grant program.
49.175 - Public assistance and local assistance allocations.
49.19 - Aid to families with dependent children.
49.197 - Fraud investigation and reduction and error reduction.
49.22 - Child and spousal support; establishment of paternity; medical liability.
49.225 - Ordering genetic tests.
49.227 - Program for publication of delinquent child support obligors.
49.24 - Child support incentive payments.
49.25 - Incentive payments for identifying children with health insurance.
49.255 - Case management incentive payments.
49.257 - Milwaukee child care grant program.
49.265 - Community action agencies.
49.273 - Research, investigations.
49.275 - Cooperation with federal government.
49.32 - Department; powers and duties.
49.325 - County department budgets and contracts.
49.34 - Purchase of care and services.
49.343 - Rates for residential care centers, group homes, and child welfare agencies.
49.348 - Recidivism reduction program.
49.35 - Public assistance; supervisory functions of department.
49.36 - Work experience program for noncustodial parents.
49.37 - Offender reentry demonstration project.
49.38 - Menominee Enterprises, Inc., bonds, acquisition.
49.385 - No action against members of the Menominee Indian tribe in certain cases.
49.45 - Medical assistance; administration.
49.452 - Counting promissory notes as assets for certain Medical Assistance programs.
49.453 - Divestment of assets.
49.454 - Treatment of trust amounts.
49.455 - Protection of income and resources of couple for maintenance of community spouse.
49.46 - Medical assistance; recipients of social security aids.
49.463 - Ineligibility for noncompliance with child support determinations and obligations.
49.465 - Presumptive medical assistance eligibility.
49.468 - Expanded medicare buy-in.
49.47 - Medical assistance; medically indigent.
49.472 - Medical assistance purchase plan.
49.475 - Information about assistance program beneficiaries; electronic submission of claims.
49.49 - Medical assistance offenses.
49.493 - Benefits under uninsured health plans.
49.496 - Recovery of correct medical assistance payments.
49.498 - Requirements for skilled nursing facilities.
49.499 - Nursing facility resident protection.
49.68 - Aid for treatment of kidney disease.
49.682 - Recovery from estates; disease aids and funeral expenses.
49.683 - Cystic fibrosis aids.
49.685 - Hemophilia treatment services.
49.686 - AZT and pentamidine reimbursement program.
49.687 - Disease aids; patient requirements; rebate agreements; cost containment.
49.688 - Prescription drug assistance for elderly persons.
49.70 - County home; establishment.
49.703 - County homes; commitments; admissions.
49.71 - County hospitals; establishment.
49.713 - County hospitals; admissions.
49.72 - County infirmaries; establishment.
49.723 - County infirmaries, admissions; standards.
49.726 - County infirmaries; cost of treatment, care and maintenance of patients.
49.729 - County infirmaries; fees and expenses of proceedings.
49.73 - Residential care institutions; establishment.
49.74 - Institutions subject to chapter 150.
49.76 - Department duties relating to hunger prevention.
49.77 - State supplemental payments.
49.775 - Payments for the support of children of supplemental security income recipients.
49.776 - Payment of support arrears.
49.78 - Income maintenance administration.
49.79 - Food stamp administration.
49.791 - Substance abuse screening, testing, and treatment for employment and training programs.
49.793 - Recovery of food stamps.
49.796 - Food stamp reinstatement.
49.797 - Electronic benefit transfer.
49.81 - Public assistance recipients' bill of rights.
49.82 - Administration of public assistance programs.
49.823 - Public benefit database review.
49.825 - Department administration in Milwaukee County.
49.826 - Administration of child care provider services in certain counties.
49.83 - Limitation on giving information.
49.835 - Statements in applications.
49.84 - Verification of public assistance applications.
49.845 - Fraud investigation and error reduction.
49.846 - Jurisdiction of the department of justice.
49.847 - Recovery of incorrect payments under certain public assistance programs.
49.849 - Recovery of correct payments under certain public assistance programs.
49.852 - Delinquent support payments; pension plans.
49.853 - Financial record matching program.
49.854 - Liens against property for delinquent support payments.
49.855 - Certification of delinquent payments.
49.856 - Notification of delinquent payments.
49.858 - General provisions related to administrative support enforcement.
49.86 - Disbursement of funds and facsimile signatures.
49.89 - Third party liability.