SB436: Bill Text

SB436, s. 125 Section 125. 49.47 (6) (a) 6. a. of the statutes is amended to read:

SB436,50,3 49.47 (6) (a) 6. a. In this subdivision: 1),"entitled to coverage under part A of medicare" means eligible for and enrolled in part A of medicare under 42 USC 1395c to 1395f; 2).

SB436,50,5 ag. In this subdivision,"entitled to coverage under part B of medicare" means eligible for and enrolled in part B of medicare under 42 USC 1395j to 1395L; and 3).

SB436,50,7 ar. In this subdivision,"income limitation" means income that is equal to or less than 100% of the poverty line, as established under 42 USC 9902 (2).

Note: Amends provision for greater consistency with current style.

SB436, s. 126 Section 126. 49.47 (6) (a) 6m. of the statutes is amended by replacing "subd. 6. a. and meets" with "subd. 6. ag. and meets".

Note: Amends cross-reference consistent with renumbering by this bill.

SB436, s. 127 Section 127. 49.482 (2) (g) of the statutes, as created by 1995 Wisconsin Act 27, section 3044b, is renumbered 49.682 (2) (g).

Note: Section 49.482 was created by 1995 Wis. Act 27 and all of s. 49.482, except sub. (2) (g) was renumbered s. 49.682, eff. 7-1-96 by Act 27.

SB436, s. 128 Section 128. 49.682 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3044i, is amended to read:

SB436,50,16 49.682 (4) (a) The department may recover amounts under this section for the provision of aid provided under s. 49.68, 49.683 or 49.685 paid on or and after September 1, 1995.

Note: Section 49.482 (4) (a) was created by 1995 Wis. Act 27, section 3044b. As created this provision read ". . . on and after September 1, 1995". Section 3044i renumbered the provision s. 49.682 (4) (a) and amended it. As amended, "and" was replaced by "or" without using strikes and underscores. No change was intended.

SB436, s. 129 Section 129. 49.723 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2835, is amended to read:

SB436,51,3 49.723 (2) The board of trustees of a county infirmary (, subject to regulations approved by the county board), shall establish rules and regulations governing the admission and discharge of voluntary patients.

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 130 Section 130. 50.49 (1) (b) 4. of the statutes is amended to read:

SB436,51,6 50.49 (1) (b) 4. Medical supplies (, other than drugs and biologicals), and the use of medical appliances, while under such a plan;

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 131 Section 131. 51.13 (4) (a) of the statutes is renumbered 51.13 (4) (a) (intro.) and amended to read:

SB436,51,16 51.13 (4) (a) (intro.) Within 3 days of the admission of a minor under sub. (1), or within 3 days of application for such admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under ch. 48 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

SB436,51,17 1) the. The name, address and date of birth of the minor;.

SB436,51,18 2) the. The names and addresses of the minor's parents or guardian;.

SB436,51,21 3) the. The facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse;.

SB436,51,23 4) the. The facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility;.

SB436,52,2 5) the. The basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor; and.

SB436,52,6 6) notation. Notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition.

Note: Replaces improper subdivision designations and language and reorders text for greater conformity with current style.

SB436, s. 132 Section 132. 51.437 (7) (am) 3. of the statutes is amended to read:

SB436,52,13 51.437 (7) (am) 3. At least one-third of the members of every county developmental disabilities services board serving at any one time shall be appointed from the developmentally disabled citizens or their parents residing in a county with a single-county department of development developmental disabilities services or in any of the counties with a multicounty department of developmental disabilities services.

Note: Inserts correct word.

SB436, s. 133 Section 133. 51.45 (13) (f) of the statutes is amended to read:

SB436,53,4 51.45 (13) (f) The hearing shall be open, unless the person sought to be committed or the person's attorney moves that it be closed, in which case only persons in interest (,including representatives of the county department in all cases), and their attorneys and witnesses may be present. At the hearing the jury, or, if trial by jury is waived, the court, shall consider all relevant evidence, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. Ordinary rules of evidence shall apply to any such proceeding. The person whose commitment is sought shall be present and shall be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to the county department for a period of not more than 5 days for purposes of diagnostic examination.

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 134 Section 134. 51.45 (13) (g) of the statutes is renumbered 51.45 (13) (g) 1. (intro.) and amended to read:

SB436,53,9 51.45 (13) (g) 1. (intro.) The court shall make an order of commitment to the county department if, after hearing all relevant evidence, including the results of any diagnostic examination, the trier of fact finds: 1) that all of the following:

SB436,53,11 a. That the allegations of the petition under par. (a) have been established by clear and convincing evidence; and 2) that.

SB436,53,15 b. That there is a relationship between the alcoholic condition and the pattern of conduct during the 12-month period immediately preceding the time of petition which is dangerous to the person or others and that such this relationship has been established to a reasonable medical certainty; and 3) that.

SB436,53,18 c. That there is an extreme likelihood that the pattern of conduct will continue or repeat itself without the intervention of involuntary treatment or institutionalization.

SB436,53,22 2. The court may not order commitment of a person unless it is shown by clear and convincing evidence that there is no suitable alternative available for the person and that the county department is able to provide appropriate and effective treatment for the individual.

Note: Subdivides provision and replaces language for greater consistency with current style.

SB436, s. 135 Section 135. 59.07 (13) (a) of the statutes is amended to read:

SB436,54,10 59.07 (13) (a) Institutions, state farms, airports. Appropriate each year to any municipality and school district in which a county farm, hospital, charitable or penal institution or state hospital, charitable or penal institution or state-owned lands used for agricultural purposes or county or municipally-owned municipally owned airport is located, an amount of money equal to the amount which would have been paid in municipal and school tax upon the lands without buildings, if such land those lands were privately owned. The valuation of such the lands (,without buildings), and computation of the tax shall be made by the board. In making such the computation under this paragraph, lands on which a courthouse or jail are located and unimproved county lands shall not be included.

Note: Deletes parentheses, corrects spelling and replaces language for greater conformity with current style.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 136 Section 136. 59.10 of the statutes is amended to read:

SB436,54,16 59.10 Neglect of duty. Any supervisor who refuses or neglects to perform any of the duties which are required of the supervisor by law as a member of the county board of supervisors, without just cause therefor, shall for each such refusal or neglect forfeit a sum of not less than fifty $50 nor more than two hundred dollars $200.

SB436, s. 137 Section 137. 59.13 (1) (a) of the statutes is amended by replacing "two thousand dollars" with "$2,000".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 138 Section 138. 59.13 (1) (c) of the statutes is amended to read:

SB436,54,21 59.13 (1) (c) Sheriff, not less than five $5,000 nor more than twenty-five thousand dollars $25,000, with not less than three 3 sureties.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 139 Section 139. 59.13 (1) (d) of the statutes is amended to read:

SB436,55,3 59.13 (1) (d) Coroner, not less than five hundred $500 nor more than ten thousand dollars $10,000, with not less than two 2 sureties.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 140 Section 140. 59.13 (1) (e) of the statutes is amended to read:

SB436,55,6 59.13 (1) (e) Clerk of the circuit court, not less than five thousand dollars $5,000, with two 2 or more sureties.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 141 Section 141. 59.13 (1) (i) of the statutes is amended to read:

SB436,55,9 59.13 (1) (i) County abstractor, five thousand dollars $5,000, with two 2 or more sureties.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 142 Section 142. 59.13 (2) of the statutes is amended to read:

SB436,55,17 59.13 (2) Each such official bond described in sub. (1) shall be in a sum fixed by law; or if not so fixed by law, in a sum fixed by resolution of the county board, within the limitations prescribed by law, if any, at the annual meeting in November prior to the commencement of the term of office of the particular officer. Both the bond and the sufficiency of the sureties thereto shall be approved by a committee consisting of the chairperson and not less than two 2 other members of the county board who shall report in writing their action on all bonds.

Note: Replaces language and word form of number with digits consistent with current style.

SB436, s. 143 Section 143. 59.13 (3) of the statutes is amended to read:

SB436,56,4 59.13 (3) Each such bond described in sub. (1) shall be guaranteed by the number of personal sureties prescribed by law, or if not prescribed, by the number fixed by the county board within the limitations, if any, prescribed by law, or by a surety company as provided by s. 632.17 (2). In the case of the county clerk, county treasurer and county abstractor the county board may by resolution require them to furnish bonds guaranteed by surety companies and direct that the premiums be paid as provided in s. 19.01 (8).

Note: Replaces language consistent with current style and the previous section of this bill.

SB436, s. 144 Section 144. 59.13 (4) of the statutes is amended by replacing " ten thousand dollars" with "$10,000" and by replacing "one hundred fifty thousand" with "150,000".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 145 Section 145. 59.14 (2) of the statutes is amended to read:

SB436,56,14 59.14 (2) If any such officer described in sub. (1) neglects or refuses to comply with any of the provisions of this section the officer shall forfeit five dollars $5 for each day such that the noncompliance continues. Actions for the collection of such a forfeiture under this subsection may be brought upon the complaint of the district attorney of the proper county or of any party aggrieved by such the officer's refusal or neglect.

Note: Replaces language and word form of number with digits consistent with current style.

SB436, s. 146 Section 146. 59.15 (1) (a) 1. of the statutes is amended to read:

SB436,57,6 59.15 (1) (a) 1. The board shall, prior to the earliest time for filing nomination papers for any elective office to be voted on in the county (, other than supervisors and circuit judges), which officer is paid in whole or part from the county treasury, establish the total annual compensation for services to be paid to the officer (exclusive of reimbursements for expenses out-of-pocket provided for in sub. (3)). Except as provided in subd. 2., the annual compensation may be established by resolution or ordinance, on a basis of straight salary, fees, or part salary and part fees, and if the compensation established is a salary, or part salary and part fees, it shall be in lieu of all fees, including per diem and other forms of compensation for services rendered, except those specifically reserved to the officer in the resolution or ordinance. The compensation established shall not be increased nor diminished during the officer's term and shall remain for ensuing terms unless changed by the board. Court fees shall not be used for compensation for county officers.

Note: Deletes parentheses in conformity with current style.

SB436, s. 147 Section 147. 59.16 (2) of the statutes is amended by replacing "one hundred and fifty thousand" with "150,000".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 148 Section 148. 59.17 (17) of the statutes is amended by replacing "thirty" with "30".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 149 Section 149. 59.17 (18) of the statutes is amended by replacing "one hundred and fifty thousand" with "150,000" and by replacing "ten" with "10".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 150 Section 150. 59.17 (19) of the statutes is amended by replacing "one hundred and fifty thousand" with "150,000".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 151 Section 151. 59.20 (3) of the statutes is amended to read:

SB436,58,3 59.20 (3) Pay all such county orders described in sub. (2) in the order of time in which they are presented for payment; but where two 2 or more are presented at the same time, give precedence to the order of the oldest date, but the treasurer shall receive of town, city and village treasurers all county orders issued in such county, which such the town, city and village treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any such the town, city or village treasurer in the year for which such the orders are offered in payment, which amount shall be determined by the affidavit of such the town, city or village treasurer.

Note: Replaces language and word form of number with digits consistent with current style.

SB436, s. 152 Section 152. 59.20 (4) of the statutes is amended by replacing "two" with "2".

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 153 Section 153. 59.20 (7) of the statutes is amended to read:

SB436,58,15 59.20 (7) Make annually, on the third 3rd Monday of March, a certified statement, and forward the same statement to each town, city and village clerk in the county, showing the amount of money paid from the county treasury during the year next preceding to each such town, city and village treasurer in the county, specifying. The statement shall specify the date of each payment, the amount thereof and the account upon which the same payment was made; and it. It shall be unlawful for any county treasurer to pay to the treasurer of any town any money in the hands of the treasurer belonging to such the town from the third 3rd Monday of March until ten 10 days after the annual town meeting except upon the written order of the town board.