1997 Wisconsin Act 35

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:

51.437 (4m) (m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.53 (7), participate in 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.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (147) to s. 59.53 (7).

35,157 Section 157 . The amendment of 51.437 (4r) (b) of the statutes by 1995 Wisconsin Act 352 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

35,158 Section 158 . 51.437 (4rm) (a) of the statutes, as affected by 1995 Wisconsin Act 27, sections 3266m and 9126 (19), and 1995 Wisconsin Act 77, is amended to read:

51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 (2) or 938.355.

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

35,159 Section 159 . 51.45 (11) (bm) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

51.45 (11) (bm) If the person who appears to be incapacitated by alcohol under par. (b) is a minor, either a law enforcement officer or a person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 may take the minor into custody as provided in par. (b).

Note: Inserts reference to “juvenile" for consistency of references with language of ch. 938.

35,160 Section 160 . 51.62 (1) (ag) (a) to (c) of the statutes, as created by 1995 Wisconsin Act 169, are renumbered 51.62 (1) (ag) 1. to 3.

Note: Corrects numbering consistent with current style.

35,161 Section 161 . 59.05 (2) of the statutes, as affected by 1995 Wisconsin Act 201, section 247, is amended to read:

59.05 (2) If two-fifths of the legal voters of any county, to be determined by the registration or poll lists of the last previous general election held in the county, the names of which voters shall appear on some one of the registration or poll lists of such election, present to the board a petition conforming to the requirements of s. 8.40 asking for a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be “Shall the county seat of .... county be removed to ....?".

Note: Inserts “for" to improve clarity and readability. Inserts a question mark for correct punctuation. Deletes unnecessary word.

35,162 Section 162 . The amendment of 59.07 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 158, section 8, is not repealed by 1995 Wisconsin Act 201, section 426. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered s. 59.07 (1) by 1995 Wis. Act 201.

35,163 Section 163 . 59.07 (97m) of the statutes, as created by 1995 Wisconsin Act 279, is renumbered 59.53 (5m), and 59.53 (5m) (b) 2., as renumbered, is amended to read:

59.53 (5m) (b) 2. Cooperate with the department of health and family services with respect to the child and spousal support and establishment of paternity and medical liability support program under sub. (97) (5) and s. 46.25 49.22, and provide that department with any information from the record under subd. 1. that it requires to administer that program.

Note: 1995 Wis. Act 279 created s. 59.07 (97m) to follow s. 59.07 (97). 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5). This renumbering carries out the original intent of Act 279. The cross-references are amended to reflect renumbering by Act 201 and 1995 Wis. Act 404.

35,164 Section 164 . The treatment of 59.08 (6) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 481, is not repealed by 1995 Wisconsin Act 225, section 176. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 59.08 (6) by 1995 Wis. Act 201.