1997 Wisconsin Act 35

Note: Deletes repeated word.

35,125 Section 125 . 49.32 (9) (a) of the statutes, as affected by 1995 Wisconsin Acts 289 and 361, is amended to read:

49.32 (9) (a) Each county department under s. 46.215, 46.22 or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving such aid together with the amount paid during the preceding month. Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names and addresses of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 42.261 46.261 or 49.19 (10).

Note: Inserts correct cross-reference.

35,126 Section 126 . 49.32 (9) (b) of the statutes, as affected by 1995 Wisconsin Acts 289 and 361, is amended to read:

49.32 (9) (b) The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person, except any public officer, seeking permission to inspect such report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. or Wisconsin works agency Within 7 days after the record is inspected, or on the next regularly scheduled communication with that person, whichever is sooner, the department shall notify each person whose name and amount of aid was inspected that the record was inspected and of the name and address of the person making such inspection. County departments under ss. 46.215 and 46.22 administering aid to families with dependent children may withhold the right to inspect the name of and amount paid to recipients from private individuals who are not inspecting this information for purposes related to public, educational, organizational, governmental or research purposes until the person whose record is to be inspected is notified by the county department, but in no case may the department withhold this information for more than 5 working days. The county department or Wisconsin works agency shall keep a record of such requests. The record shall indicate the name, address, employer and telephone number of the person making the request. If the person refuses to provide his or her name, address, employer and telephone number, the request to inspect this information may be denied.

Note: The stricken text was inserted by 1995 Wis. Act 289, but rendered surplusage by the treatment of this provision by 1995 Wis. Act 361.

35,127 Section 127 . 49.37 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2277b, is amended to read:

49.37 (1) (a) A person who lives in either of the 2 areas is eligible to enter the project if he or she is at least 18 years of age and has a family income below 200% of the poverty line, as defined in s. 49.01 (6m) 49.001 (5), for a family the size of the person's family.

Note: 1995 Wis. Act 27 renumbered s. 49.01 (6m) to be s. 49.001 (5) effective 7-1-96.

35,128 Section 128 . 49.45 (6s) of the statutes, as affected by 1995 Wisconsin Act 27, section 7299, is amended to read:

49.45 (6s) Supplemental payments to county homes. Notwithstanding sub. (6m), the department shall, from the appropriation under s. 20.435 (1) (o), distribute not more than $20,000,000 in fiscal year 1995-96 and not more than $20,000,000 in fiscal year 1996-97, to provide supplemental payments for care to recipients of medical assistance provided in county homes established under s. 49.14 49.70 (1), except that the department shall also distribute for this same purpose from the appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds that were not anticipated before enactment of the biennial budget act or other legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u) (b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u) (b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed care.

Note: 1995 Wis. Act 27 renumbered s. 49.14 (1) to be s. 49.70 (1) effective 7-1-96.

35,129 Section 129 . 49.453 (2) (a) 2. of the statutes is amended to read:

49.453 (2) (a) 2. For a level of care in a medical institutional institution equivalent to that of a nursing facility.

Note: Corrects error in transcribing 1993 Wis. Act 437.

35,130 Section 130 . The amendment of 49.46 (1) (a) 5. of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,131 Section 131 . The amendment of 49.83 of the statutes by 1995 Wisconsin Acts 289 and 361 is not repealed by 1995 Wisconsin Act 404. All amendments stand.

Note: There is no conflict of substance.

35,132 Section 132 . 49.855 (3) of the statutes, as affected by 1995 Wisconsin Act 404, section 53, is amended to read:

49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,133 Section 133 . 49.855 (4) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

49.855 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of workforce development for distribution to the appropriate clerk of circuit court or county support collection designee under s. 59.53 (5m). The department of workforce development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under s. 59.53 (5m) who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court or county support collection designee under s. 59.53 (5m) and the administrative costs incurred by the department of revenue. The department of workforce development may charge the county whose clerk of circuit court or county support collection designee under s. 59.53 (5m) certified the obligation or outstanding amount the related administrative costs incurred by the department of workforce development and the department of revenue.

Note: 1995 Wis. Act 404 inserted “county" without showing it underscored. The change is consistent with the remainder of this provision.

35,134 Section 134 . 49.855 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act 404, section 56, is amended to read:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (2) or (2m) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,135 Section 135 . 49.855 (6) of the statutes, as affected by 1995 Wisconsin Act 201 and 1995 Wisconsin Act 404, section 58, is amended to read:

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

Note: Section 59.07 (97) was renumbered s. 59.53 (5) by 1995 Wis. Act 201.

35,136 Section 136 . The amendment of 49.96 of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,137 Section 137 . 50.05 (4) of the statutes is amended to read:

50.05 (4) Appointment of receiver. Only the secretary, represented by the department of justice, may apply for a court order appointing the secretary or the secretary's designee receiver of the facility. The secretary, as represented, may apply by verified petition to the circuit court for Dane county for the order. The court shall hold a hearing on the petition within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the operator, administrator or designated agent of the facility as provided under ch. 801 or shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. Notwithstanding ss. 803.01 to 803.09 and 844.18, the only persons who may appear as a party at the a hearing under this subsection or sub. (5) are the secretary or the secretary's designee and the operator of the facility. The court shall appoint a receiver for a specified time period requested by the secretary up to 120 days, if it finds that any ground exists which would authorize the appointment of a receiver under sub. (2) and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility. The court may extend the period of receivership in 30-day increments only on the petition of the department and if the court finds that the department has been unable to transfer all of the residents to another suitable location or the department has determined that it is necessary for the receivership to be extended for the continued health, safety and welfare of the residents. Notwithstanding s. 808.03 (1), any order issued at the hearing on the petition for receivership under this subsection or sub. (5) or at a subsequent hearing concerning matters arising under the receivership or concerning termination of the receivership under sub. (14) may be appealed as a matter of right.

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,138 Section 138 . 50.135 (3) of the statutes is amended to read:

50.135 (3) Exemption. The inpatient health care facilities under ss. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 and ch. 142 are exempt from this section.

Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective 6-29-96.

35,139 Section 139 . The amendment of 51.13 (4) (a) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 225. Both treatments stand.

Note: There is no conflict of substance.

35,140 Section 140 . 51.15 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 77 and 1995 Wisconsin Act 292, section 4, is amended to read:

51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 may take an individual into custody if the officer or person has cause to believe that such individual is mentally ill or, except as provided in subd. 5., is drug dependent or developmentally disabled, and that the individual evidences any of the following:

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 and the repeal and recreation of this provision by 1995 Wis. Act 77.

35,141 Section 141 . 51.15 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 292, section 5, and 1997 Wisconsin Act ... (this act), is repealed and recreated to read:

51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 may take an individual into custody if the officer or person has cause to believe that such individual is mentally ill, drug dependent or developmentally disabled, and that the individual evidences any of the following:

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 and the repeal and recreation of this provision by 1995 Wis. Act 77.

35,142 Section 142 . 51.15 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 175 and 292, is amended to read:

51.15 (2) Facilities for detention. (intro.) The law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall transport the individual, or cause him or her to be transported, for detention and for evaluation, diagnosis and treatment if permitted under sub. (8) to any of the following facilities:

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 175 and 292 with the creation of ch. 938 by 1995 Wis. Act 77.

35,143 Section 143 . 51.15 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 292, section 11, is amended to read:

51.15 (4) (a) In counties having a population of 500,000 or more, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt or threat to act or omission on which the belief under sub. (1) is based and the names of the persons observing or reporting the recent overt act, attempt or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The law enforcement officer or other person shall deliver, or cause to be delivered, the statement to the detention facility upon the delivery of the individual to it.

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 with the creation of ch. 938 by 1995 Wis. Act 77.

35,144 Section 144 . 51.15 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 292, section 12, and 1997 Wisconsin Act ... (this act), is repealed and recreated to read:

51.15 (4) (a) In counties having a population of 500,000 or more, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt or threat to act or omission on which the belief under sub. (1) is based and the names of the persons observing or reporting the recent overt act, attempt or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The law enforcement officer or other person shall deliver, or cause to be delivered, the statement to the detention facility upon the delivery of the individual to it.

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 with the creation of ch. 938 by 1995 Wis. Act 77.

35,145 Section 145 . The amendment of 51.15 (4) (b) of the statutes by 1995 Wisconsin Act 175 is not repealed by 1995 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

35,146 Section 146 . 51.15 (5) of the statutes, as affected by 1995 Wisconsin Act 292, section 13, is amended to read:

51.15 (5) Detention procedure; other counties. In counties having a population of less than 500,000, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt or threat to act or omission on which the belief under sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 with the creation of ch. 938 by 1995 Wis. Act 77.

35,147 Section 147 . 51.15 (5) of the statutes, as affected by 1995 Wisconsin Act 292, section 14, is amended to read:

51.15 (5) Detention procedure; other counties. In counties having a population of less than 500,000, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt or threat to act or omission on which the belief under sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt or threat to act or omission. The law enforcement officer is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may not be detained by the law enforcement officer and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.

Note: Reconciles the treatment of this provision by 1995 Wis. Act 292 with the creation of ch. 938 by 1995 Wis. Act 77.

35,148 Section 148 . 51.20 (1) (a) 2. b. of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

51.20 (1) (a) 2. b. Evidences a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm. In this subd. 2. b., if the petition is filed under a court order under s. 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction under chs. 48 and 938 that the child juvenile committed the act or acts alleged in the petition under s. 938.12 or 938.13 (12) may be used to prove that the child juvenile exhibited recent homicidal or other violent behavior or committed a recent overt act, attempt or threat to do serious physical harm.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,149 Section 149 . 51.20 (7) (d) of the statutes, as affected by 1995 Wisconsin Act 268, and 1995 Wisconsin Act 292, section 22, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

51.20 (7) (d) If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

1. The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives.

2. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.

Note: 1995 Wis. Act 292, section 22, repeals and recreates this provision effective December 1, 2001, to return it to the way it read prior to the treatment by Act 292, section 21. Act 292, however, did not take into account the treatment of this provision by 1995 Wis. Act 268. This treatment returns the provision to its pre-Act 292 status, as affected by Act 268, effective December 1, 2001. See also the next 2 sections of this bill.

35,150 Section 150 . 51.20 (7) (d) (intro.) and 1. of the statutes, as affected by 1995 Wisconsin Act 268 and 1995 Wisconsin Act 292, section 21, are renumbered 51.20 (7) (d) 1. (intro.) and a.

Note: This section and the next section of this bill reconcile the treatment of s. 51.20 (7) (d) by 1995 Wis. Act 268 and 1995 Wis. Act 292, section 21.

35,151 Section 151 . 51.20 (7) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 268 and 1995 Wisconsin Act 292, section 21, is renumbered 51.20 (7) (d) 1. b. and amended to read:

51.20 (7) (d) 1. b. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.

2. A finding by the court that there is probable cause to believe that the subject individual meets the commitment standard under sub. (1) (a) 2. e. constitutes a finding that the individual is not competent to refuse medication or treatment under this paragraph.

Note: This section and the previous section of this bill reconcile the treatment of s. 51.20 (7) (d) by 1995 Wis. Act 268 and 1995 Wis. Act 292, section 21.

35,152 Section 152 . 51.30 (1) (am) of the statutes, as affected by 1995 Wisconsin Act 169, is renumbered 51.62 (1) (am).

Note: This provision was previously numbered s. 51.62 (1) (a) and was inadvertently renumbered to s. 51.30 (1) (am) by 1995 Wisconsin Act 169. The intended result was to renumber it to be s. 51.62 (1) (am).

35,153 Section 153 . 51.35 (3) (title) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

51.35 (3) (title) Transfer of certain children juveniles from juvenile correctional facilities and secured child caring institutions.

Note: Replaces “children" with “juveniles" for consistency of references with language of ch. 938.

35,154 Section 154 . The amendment of 51.35 (3) (c) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 292, section 27. All treatments stand.

Note: There is no conflict of substance.

35,155 Section 155 . The amendment of 51.35 (3) (e) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 292, section 27. All treatments stand.

Note: There is no conflict of substance.

35,156 Section 156. 51.437 (4m) (m) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read: