Wisconsin Statutes
Wis. Stat. § 49.01 (2026)
Definitions
✓ current as of July 2026
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49.01(1g)(1g) “American Indian” means a person who is recognized by an elected tribal governing body in this state as a member of a federally recognized Wisconsin tribe or band of Indians.
49.01(2g)(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.
49.01(3)(3) “Relief” means assistance that is provided to a dependent person and funded by a relief block grant.
49.01(3m)(3m) “Relief agency” means a tribal governing body or an agency under contract with a tribal governing body to administer relief if the tribal governing body operates a relief program funded by a relief block grant.
49.01(8L)(8L) “Tax-free land” means land in this state within the boundaries of a federally recognized reservation or within the bureau of Indian affairs service area for the Winnebago tribe, which is not subject to assessment or levy of a real property tax either as a general tax or as a payment in lieu of taxes.
49.01(8p)(8p) “Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe.
49.01 HistoryHistory: 1973 c. 147, 333; 1979 c. 34; 1981 c. 20; 1983 a. 27; 1983 a. 189 ss. 35 to 37, 329 (19); 1985 a. 29 ss. 932 to 935, 996, 997, 3200 (23); 1985 a. 176; 1989 a. 359; 1991 a. 316; 1993 a. 99 s. 72; 1993 a. 446; 1995 a. 18; 1995 a. 27 ss. 2648 to 2668, 2753, 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 28.
Notes of Decisions
Cited in 27
cases, 1938–2007 · leading case: Clark v. Milwaukee Cnty., 524 N.W.2d 382 (Wis. 1994).
Clark v. Milwaukee Cnty., 524 N.W.2d 382 (Wis. 1994). “A "dependent person" is defined in § 49.01(2) as *185 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.”
Jones v. Milwaukee Cnty., 485 N.W.2d 21 (Wis. 1992). “Section 49.01(2), Stats., defines a dependent person as: 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.”
St. Michael Hosp. of Franciscan Sisters v. Cnty. of Milwaukee, 295 N.W.2d 189 (Wis. Ct. App. 1980). “” Section 49.01 (1) includes medicine, medical treatment including hospital care and nursing under the definition of “necessary services.”
Hartman v. Winnebago Cnty., 574 N.W.2d 222 (Wis. 1998). “Hartman asserted that the County had failed to establish written standards of need to determine the amount of relief reasonable and necessary to meet recipients' basic subsistence needs in violation of Wis. Stat. §§ 49.01 (5m) and 49.02(lm) (1987-88).”
Brown Cnty. v. Dep't of Health & Soc. Servs., 307 N.W.2d 247 (Wis. 1981). “15(6) improperly attempts to establish benefit levels (or force the County to do so) in contravention of the general discretion of local officials to do so under sec. 49.01(1), Stats. PW-PA 20.15(6) (a)2 states that [b]enefit standards so issued shall be reasonably adequate for…”
LOCAL 913 v. Manitowoc Cnty., 410 N.W.2d 641 (Wis. Ct. App. 1987). “” "Dependent persons” are defined in sec. 49.01(2), Stats. A dependent person or dependent is an individual without presently available money, income, property or credit or the means by which it can presently be obtained to provide for necessities such as food, shelter, medical…”
Leist v. Shawano Cnty., 91 F.R.D. 64 (E.D. Wis. 1981). “The proposed plaintiffs’ class includes all those individuals who are eligible dependent persons as defined in Wis.Stat. § 49.01, and who have applied for general relief benefits, or who will apply for general relief benefits, with the agencies responsible for administering the…”
Clintonville Cmty. Hosp. Ass'n v. City of Clintonville, 275 N.W.2d 655 (Wis. 1979). “The controlling statute, sec. 49.01(1), Stats., defines “relief” to include hospital care.”
Denny v. Health & Soc. Servs. Bd. of State of Wisconsin Dep't of Health & Soc. Servs., 285 F. Supp. 526 (E.D. Wis. 1968). “Said Lavon Denny and Angelita DeCardenas, in seeking to establish their eligibility for public assistance, did not meet the one year continuous residence requirement as set forth in Sections 49.01(7) and 49.09(3) Wis. Stats.”
Trinity Mem'l Hosp. of Cudahy, Inc. v. Milwaukee Cnty., 334 N.W.2d 685 (Wis. Ct. App. 1983). “1 Section 49.01(4), Stats. (1979), reads as follows: (4) “Dependent person” or “dependent” means a person without the present available money or income or property or credit, or other means by which the same can be presently obtained, sufficient to provide the necessary…”
State Ex Rel. Tiner v. Milwaukee Cnty., 260 N.W.2d 393 (Wis. 1977). “” Sec. 49.01(1), Stats. Those eligible for such relief are those who meet the statutory definition of “dependent persons”: “ ‘Dependent person’ or ‘dependent’ means a person without the present available money or income or property or credit, or other means by which the same can…”
Daubert v. Schmidt, 498 F. Supp. 1344 (E.D. Wis. 1980). “Wis.Stat. § 49.01 et seq. As noted above, the plaintiffs in the original action were concerned about applicants in the four categorical programs who first received general relief from the state.”
— Wis. Stat. § 49.01(1) — 3 cases
Brown Cnty. v. Dep't of Health & Soc. Servs., 307 N.W.2d 247 (Wis. 1981). “15(6) improperly attempts to establish benefit levels (or force the County to do so) in contravention of the general discretion of local officials to do so under sec. 49.01(1), Stats. PW-PA 20.15(6) (a)2 states that [b]enefit standards so issued shall be reasonably adequate for…”
State Ex Rel. Tiner v. Milwaukee Cnty., 260 N.W.2d 393 (Wis. 1977). “” Sec. 49.01(1), Stats. Those eligible for such relief are those who meet the statutory definition of “dependent persons”: “ ‘Dependent person’ or ‘dependent’ means a person without the present available money or income or property or credit, or other means by which the same can…”
Clintonville Cmty. Hosp. Ass'n v. City of Clintonville, 275 N.W.2d 655 (Wis. 1979). “The controlling statute, sec. 49.01(1), Stats., defines “relief” to include hospital care.”
— Wis. Stat. § 49.01(2) — 4 cases
Jones v. Milwaukee Cnty., 485 N.W.2d 21 (Wis. 1992). “Section 49.01(2), Stats., defines a dependent person as: 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.”
LOCAL 913 v. Manitowoc Cnty., 410 N.W.2d 641 (Wis. Ct. App. 1987). “” "Dependent persons” are defined in sec. 49.01(2), Stats. A dependent person or dependent is an individual without presently available money, income, property or credit or the means by which it can presently be obtained to provide for necessities such as food, shelter, medical…”
Clark v. Milwaukee Cnty., 524 N.W.2d 382 (Wis. 1994). “A "dependent person" is defined in § 49.01(2) as *185 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.”
Hiller v. Adams Cnty., 480 N.W.2d 563 (Wis. Ct. App. 1992).
— Wis. Stat. § 49.01(4) — 4 cases
St. Michael Hosp. of Franciscan Sisters v. Cnty. of Milwaukee, 295 N.W.2d 189 (Wis. Ct. App. 1980). “” Section 49.01 (1) includes medicine, medical treatment including hospital care and nursing under the definition of “necessary services.”
Luther Hosp. v. Eau Claire Cnty., 339 N.W.2d 798 (Wis. Ct. App. 1983).
Trinity Mem'l Hosp. of Cudahy, Inc. v. Milwaukee Cnty., 334 N.W.2d 685 (Wis. Ct. App. 1983). “1 Section 49.01(4), Stats. (1979), reads as follows: (4) “Dependent person” or “dependent” means a person without the present available money or income or property or credit, or other means by which the same can be presently obtained, sufficient to provide the necessary…”
Trinity Mem'l Hosp. of Cudahy, Inc. v. Cnty. of Milwaukee, 295 N.W.2d 814 (Wis. Ct. App. 1980).
— Wis. Stat. § 49.01(5m) — 4 cases
Clark v. Milwaukee Cnty., 524 N.W.2d 382 (Wis. 1994). “A "dependent person" is defined in § 49.01(2) as *185 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.”
Jones v. Milwaukee Cnty., 485 N.W.2d 21 (Wis. 1992). “Section 49.01(2), Stats., defines a dependent person as: 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.”
Hartman v. Winnebago Cnty., 574 N.W.2d 222 (Wis. 1998). “Hartman asserted that the County had failed to establish written standards of need to determine the amount of relief reasonable and necessary to meet recipients' basic subsistence needs in violation of Wis. Stat. §§ 49.01 (5m) and 49.02(lm) (1987-88).”
Hartman v. Winnebago Cnty., 561 N.W.2d 768 (Wis. Ct. App. 1997).
— Wis. Stat. § 49.01(7) — 3 cases
Denny v. Health & Soc. Servs. Bd. of State of Wisconsin Dep't of Health & Soc. Servs., 285 F. Supp. 526 (E.D. Wis. 1968). “Said Lavon Denny and Angelita DeCardenas, in seeking to establish their eligibility for public assistance, did not meet the one year continuous residence requirement as set forth in Sections 49.01(7) and 49.09(3) Wis. Stats.”
Clintonville Cmty. Hosp. Ass'n v. City of Clintonville, 275 N.W.2d 655 (Wis. 1979). “The controlling statute, sec. 49.01(1), Stats., defines “relief” to include hospital care.”
Trinity Mem'l Hosp. of Cudahy, Inc. v. Milwaukee Cnty., 334 N.W.2d 685 (Wis. Ct. App. 1983). “1 Section 49.01(4), Stats. (1979), reads as follows: (4) “Dependent person” or “dependent” means a person without the present available money or income or property or credit, or other means by which the same can be presently obtained, sufficient to provide the necessary…”
— Wis. Stat. § 49.01(8g) — 1 case
Pope v. Wisconsin Dep't of Health & Soc. Servs., 522 N.W.2d 22 (Wis. Ct. App. 1994).
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