SB639: Bill Text

SB639, s. 46 Section 46. 31.06 (4) of the statutes is amended to read:

SB639,20,16 31.06 (4) Not more than 20 days after receiving notice as provided in sub. (1) each county clerk may and upon request of the chairperson of the county board shall give written notice as provided in s. 59.04 59.11 (2) of a special meeting of the county board to be held at a time and place set by the county clerk, not less than 2 weeks nor more than 3 weeks after mailing of such notice, for the purpose of making findings as hereinafter provided. The county clerk shall give notice of the time, place and purpose of such special meeting to the department and to the applicant, who shall cause the same to be published in the county, as a class 2 notice, under ch. 985, and the applicant shall cause a copy thereof to be mailed at least 7 days prior to such special meeting to every person interested in any lands that will be affected by the proposed dam and whose post-office address can by due diligence be ascertained. Proof of such publication and notice shall be filed with the county clerk. At such special meeting the county board shall hear evidence offered by the applicant and other persons and shall find and determine by a majority vote of the county board members-elect whether the lake and lake shore created by the flowage or the river in its natural state offers greater recreational facilities and scenic beauty value for the larger number of people. The county clerk shall forthwith certify such finding and determination to the department. The jurisdiction and findings of each county board shall apply to that part of the proposed dam and flowage which is within the county.

SB639, s. 47 Section 47. 32.02 (1) of the statutes is amended to read:

SB639,21,2 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health and family services, the department of corrections, the board of regents of the university of Wisconsin system, the building commission, a commission created by contract under s. 66.30, with the approval of the municipality in which condemnation is proposed, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.861 59.70 (12), may not acquire property by condemnation.

SB639, s. 48 Section 48. 33.46 (1) (c) of the statutes is amended to read:

SB639,21,7 33.46 (1) (c) After the public hearing, the board of commissioners shall submit the proposed budget to the county for incorporation in the county's budget to be subject to any review procedures that apply to the county budget under ss. 59.84 59.60 and 65.90.

SB639, s. 49 Section 49. 33.46 (2) (c) of the statutes is amended to read:

SB639,21,10 33.46 (2) (c) Fees that the county is empowered to charge under ss. 30.77 (3) (e), 33.475 and 59.07 (42) 59.54 (2).

SB639, s. 50 Section 50. 33.475 of the statutes is amended to read:

SB639,21,17 33.475 Boating fees. Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state, and in addition to the powers granted the county under ss. 30.77 (3) (e) and 59.07 (42) 59.54 (2), the county may charge boat operators reasonable fees for the costs of providing other recreational boating services not specified in ss. 30.77 (3) (e) and 59.07 (42) 59.54 (2).

SB639, s. 51 Section 51. 36.11 (1) (d) of the statutes is amended to read:

SB639,21,23 36.11 (1) (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with s. 59.20 (5) and (8) 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

SB639, s. 52 Section 52. 38.14 (12) of the statutes is amended to read:

SB639,22,6 38.14 (12) Integrated service programs for children with severe disabilities. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), the district board may participate in an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7) and may enter into written interagency agreements or contracts under the program.

SB639, s. 53 Section 53. 41.41 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,22,15 41.41 (8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.97 59.69 (4), 60.61 (2), 60.62 (1), 61.35 and 62.23 (7), the Kickapoo valley reserve is not subject to the zoning ordinance of any county or municipality, except that any ordinance enacted under s. 59.971 59.692, 61.351, 62.231 or 87.30 governing the zoning of floodplains, shorelands or wetlands in shorelands and any ordinance that is required by law under s. 59.974 59.693, 61.354 or 62.324 62.234 governing construction site erosion control or storm water management applies in the reserve.

SB639, s. 54 Section 54. 43.17 (4) of the statutes is amended to read:

SB639,22,20 43.17 (4) System administration. Notwithstanding ss. 59.031 59.17 (2) (br) and 59.033 59.18 (2) (b), responsibility for administration of a public library system shall vest in a head librarian who shall be appointed by and directly responsible to the public library system board.

SB639, s. 55 Section 55. 43.58 (4) of the statutes is amended to read:

SB639,22,25 43.58 (4) Notwithstanding ss. 59.031 59.17 (2) (br) and 59.033 59.18 (2) (b), the library board shall supervise the administration of the public library and shall appoint a librarian, who shall appoint such other assistants and employes as the library board deems necessary, and prescribe their duties and compensation.

SB639, s. 56 Section 56. 45.15 of the statutes is amended to read:

SB639,23,6 45.15 Commission, compensation. The county board shall allow the members of the commission a reasonable rate of compensation for services and actual expenses incurred in the performance of their duties to be determined pursuant to s. 59.15 59.22. The county board may provide for the employment of clerical assistance to the commission.

SB639, s. 57 Section 57. 45.21 of the statutes is amended to read:

SB639,23,18 45.21 Registration of certificate of discharge. Every person who has served in the U.S. armed forces at any time, and who has been honorably discharged or given a certificate of service or relieved from active service may record with the register of deeds of any county, in a suitable book provided by the county for that purpose, a certificate of discharge or release. The certificate shall be accessible only to the person or dependents, the county veterans' service officer, department of veterans affairs, or any person with written authorization from the person discharged or dependents. The register of deeds may not charge for recording, except that in counties where the register of deeds is under the fee system and not paid a fixed salary the county shall pay the fee specified in s. 59.57 (1) (a) 59.43 (2) (ag). The record of any such certificate heretofore made is hereby legalized.

SB639, s. 58 Section 58. 45.43 (1) (b) of the statutes is amended to read:

SB639,24,2 45.43 (1) (b) In counties with a county executive or county administrator, the county executive or county administrator shall appoint and supervise a county veterans' service officer who shall have the qualifications prescribed under par. (a). The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

SB639, s. 59 Section 59. 45.43 (7) (b) of the statutes is amended to read:

SB639,24,14 45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.07 (20) 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000.

SB639, s. 60 Section 60. 46.03 (7) (bm) of the statutes is amended to read:

SB639,24,25 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity may be used without a court order upon the request of the department or its designee under s. 59.07 (97) 59.53 (5) pursuant to the program responsibilities under s. 46.25 or by any other person with a direct and tangible interest in the record.

SB639, s. 61 Section 61. 46.03 (22) (c) of the statutes is amended to read:

SB639,25,8 46.03 (22) (c) The department shall designate a subunit to keep records and supply information on community living arrangements under ss. 59.97 59.69 (15) (f), 60.63 (7) and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements.

SB639, s. 62 Section 62. 46.03 (22) (e) of the statutes is amended to read:

SB639,25,17 46.03 (22) (e) If a community living arrangement is required to obtain special zoning permission, as defined in s. 59.97 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.

SB639, s. 63 Section 63. 46.21 (1m) (a) of the statutes is amended to read:

SB639,26,4 46.21 (1m) (a) The county executive shall appoint under ss. 63.01 to 63.17 a director of the county department of human services. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of human services, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The director shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create a position of deputy director of the county department of human services. The director shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board of supervisors under s. 59.031 59.17 (2) (bm).

SB639, s. 64 Section 64. 46.21 (1m) (am) of the statutes is amended to read:

SB639,26,16 46.21 (1m) (am) The county executive shall appoint under ss. 63.01 to 63.17 an administrator of the county hospital. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of delivery of medical care and treatment, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The administrator shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create positions to assist the administrator. The administrator shall be appointed by the county executive in the unclassified civil service and the appointment is subject to confirmation by the county board of supervisors under s. 59.031 59.17 (2) (bm).

SB639, s. 65 Section 65. 46.21 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,26,21 46.21 (7) Applicability. Except as provided in s. 59.07 (153) 59.79 (10), this section does not apply, with respect to the county hospital under s. 49.71 (2), if the county board of supervisors acts under s. 59.07 (153) 59.79 (10).

SB639, s. 66 Section 66. 46.215 (1) (q) of the statutes is amended to read:

SB639,27,2 46.215 (1) (q) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

SB639, s. 67 Section 67. 46.22 (1) (b) 1. i. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,27,9 46.22 (1) (b) 1. i. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

SB639, s. 68 Section 68. 46.22 (3m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,27,20 46.22 (3m) (a) In any county with a county executive or a county administrator which has established a single-county department of social services, the county executive or county administrator, subject to s. 49.33 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

SB639, s. 69 Section 69. 46.23 (3) (b) 1. a. of the statutes is amended to read:

SB639,27,23 46.23 (3) (b) 1. a. A county unit created by the county board of supervisors exercising its authority under s. 59.025 59.03 (1).

SB639, s. 70 Section 70. 46.23 (6m) (intro.) of the statutes is amended to read:

SB639,28,14 46.23 (6m) County human services director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of human services, the county executive or county administrator shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county human services director, subject only to the supervision of the county executive or county administrator, shall:

SB639, s. 71 Section 71. 46.25 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,29,7 46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) pursuant to a contract entered into under s. 59.07 (97) 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97) 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department of industry, labor and job development may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and family services for the purpose of disbursing the transferred funds, under a formula established by the department of health and social services, to carry out a contract under this subsection.

SB639, s. 72 Section 72. 46.255 (1) of the statutes is amended to read:

SB639,29,14 46.255 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court, upon application of the county designee under s. 59.07 (97) 59.53 (5) or the department, shall certify the delinquent payment or outstanding amount to the department.

SB639, s. 73 Section 73. 46.255 (6) of the statutes is amended to read:

SB639,29,18 46.255 (6) If the state implements the child and spousal support and paternity program under s. 59.07 (97) 59.53 (5), the state may act in place of the county designee under this section.

SB639, s. 74 Section 74. 46.28 (1) (e) 6. of the statutes is amended to read:

SB639,29,21 46.28 (1) (e) 6. Any housing authority created under s. 59.075 59.53 (22), 66.395, 66.40 or 66.4325.

SB639, s. 75 Section 75. 46.56 (2) of the statutes is amended to read:

SB639,30,2 46.56 (2) Establishment of programs. If a county board of supervisors establishes a program under s. 59.07 (147) 59.53 (7), it shall appoint a coordinating committee and designate an administering agency. The program may be funded by the county or the county board of supervisors may apply for funding by the state in accordance with sub. (15).

SB639, s. 76 Section 76. 46.973 (2m) (a) 7. of the statutes is amended to read:

SB639,30,5 46.973 (2m) (a) 7. The amount of funds retained by counties under s. 59.20 (8) 59.25 (3) (j).

SB639, s. 77 Section 77. 48.299 (6) of the statutes is amended to read:

SB639,30,21 48.299 (6) If a man who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he received the notice, alleges that he is the father of the child and states that he wishes to establish the paternity of the child, the court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the child. The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the child if the child is found to be in need of protection or services. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child's mother relating to the child's paternity. A record made under this subsection is admissible in a proceeding to determine the child's paternity under ss. 767.45 to 767.60.

SB639, s. 78 Section 78. 48.33 (4) (b) of the statutes is amended to read:

SB639,30,25 48.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

SB639, s. 79 Section 79. 48.355 (2) (b) 4. of the statutes is amended to read:

SB639,31,6 48.355 (2) (b) 4. If the child is placed outside the child's home, a designation of the amount of support, if any, to be paid by the child's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

SB639, s. 80 Section 80. 49.71 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,31,11 49.71 (2) In counties with a population of 500,000 or more, an institution established under sub. (1) shall be governed under s. 46.21 or 59.07 (153) 59.79 (10), but in all other counties it shall be governed under ss. 46.18, 46.19 and 46.20.

SB639, s. 81 Section 81. 49.96 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,31,18 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154) 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

SB639, s. 82 Section 82. 51.20 (18) (c) of the statutes is amended to read:

SB639,32,2 51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.77 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with ch. 977.

SB639, s. 83 Section 83. 51.42 (3) (ar) 1. of the statutes is amended to read:

SB639,32,12 51.42 (3) (ar) 1. Enter into contracts to render services to or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.07 (44), 59.456 59.42 (1) and (2) (b) and 978.05, any multicounty department of community programs may contract for professional legal services that are necessary to carry out the duties of the multicounty department of community programs if the corporation counsel of each county of the multicounty department of community programs has notified the multicounty department of community programs that he or she is unable to provide those services in a timely manner.

SB639, s. 84 Section 84. 51.42 (3) (ar) 14. of the statutes is amended to read:

SB639,32,18 51.42 (3) (ar) 14. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), participate in and may administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

SB639, s. 85 Section 85. 51.42 (6m) (intro.) of the statutes is amended to read:

SB639,33,14 51.42 (6m) County community programs director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of community programs, the county executive or county administrator shall appoint and supervise the county community programs director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county community programs director. The appointment of a county community programs director under this subsection shall be on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, mental retardation, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the director. The appointment of a county community programs director under this subsection is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county community programs director, subject only to the supervision of the county executive or county administrator, shall:

SB639, s. 86 Section 86. 51.437 (4m) (f) of the statutes is amended to read:

SB639,33,24 51.437 (4m) (f) Enter into contracts to provide or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.07 (44), 59.456 59.42 (1) and (2) (b) and 978.05, any multicounty department of developmental disabilities services may contract for professional legal services that are necessary to carry out the duties of the multicounty department of developmental disabilities services if the corporation counsel of each county of the multicounty department of developmental disabilities services has notified the multicounty department of developmental disabilities services that he or she is unable to provide those services in a timely manner.

SB639, s. 87 Section 87. 51.437 (4m) (m) of the statutes is amended to read:

SB639,34,5 51.437 (4m) (m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), participate in an integrated service program for children with severe disabilities under s. 59.07 (147), including entering into any written interagency agreements or contracts.

SB639, s. 88 Section 88. 51.437 (4r) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 64, is amended to read:

SB639,34,11 51.437 (4r) (a) 3. May administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), if the county board of supervisors establishes an integrated service program for children with severe disabilities.

SB639, s. 89 Section 89. 51.437 (10m) (intro.) of the statutes is amended to read:

SB639,35,2 51.437 (10m) County developmental disabilities services director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall:

SB639, s. 90 Section 90. Subchapter I (title) of chapter 59 [precedes 59.001] of the statutes is created to read: