Amendment SSA1-SB40

SB40-SSA1, s. 1837 Section 1837. 55.105 of the statutes is created to read:

SB40-SSA1,819,14 55.105 Appointment of counsel. (1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.

SB40-SSA1,819,17 (2) In any situation under this chapter in which a minor has a right to be represented by legal counsel, legal counsel for the minor shall be appointed as provided in s. 48.23 (4).

SB40-SSA1,819,20 (3) Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.

SB40-SSA1, s. 1838 Section 1838. 55.107 of the statutes is created to read:

SB40-SSA1,820,6 55.107 Reimbursement of counsel provided by the state. (1) At or after the conclusion of a proceeding under this chapter in which the state public defender has provided legal counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for the costs of representation. If the court determines that the individual is able to make reimbursement for all or part of the costs of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.

SB40-SSA1,820,13 (2) Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).

SB40-SSA1,820,17 (3) By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.

SB40-SSA1, s. 1839 Section 1839. 55.135 (1) of the statutes is amended to read:

SB40-SSA1,821,15 55.135 (1) If, upon a credible report to or, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual under this paragraph who received the credible report or who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is indigent s. 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.

SB40-SSA1, s. 1840 Section 1840. 55.14 (7) of the statutes is amended to read:

SB40-SSA1,821,20 55.14 (7) Upon the filing of a petition under this section, the court shall appoint make a referral for appointment of legal counsel as provided under s. 55.105. A petition under this section shall be heard under s. 55.10 (4) (a) s. 55.06 within 30 days after it is filed.

SB40-SSA1, s. 1841 Section 1841. 55.15 (7) (cm) of the statutes is amended to read:

SB40-SSA1,821,25 55.15 (7) (cm) The court shall appoint counsel for refer the individual under protective placement for appointment of legal counsel as provided under s. 55.105 if the individual, the individual's guardian ad litem, or anyone on the individual's behalf requests that counsel be appointed for the individual,.

SB40-SSA1, s. 1842 Section 1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:

SB40-SSA1,822,5 55.18 (3) (c) (intro.) The court shall order legal counsel for refer an individual and, if the individual appears to be indigent, refer him or her to the authority for indigency determinations under s. 977.07 (1) for appointment of legal counsel under s. 55.105 if any of the following apply:

SB40-SSA1, s. 1843 Section 1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:

SB40-SSA1,822,10 55.19 (3) (c) (intro.) The court shall order legal counsel for refer an individual and, if the individual appears to be indigent, refer him or her to the authority for indigency determinations under s. 977.07 (1) for appointment of legal counsel under s. 55.105 if any of the following apply:

SB40-SSA1, s. 1844 Section 1844. 59.22 (2) (c) 2. of the statutes is amended to read:

SB40-SSA1,822,16 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of workforce development children and families under s. 49.78 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

SB40-SSA1, s. 1845 Section 1845. 59.40 (2) (p) of the statutes is amended to read:

SB40-SSA1,822,22 59.40 (2) (p) Cooperate with the department of workforce development children and families with respect to the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

SB40-SSA1, s. 1846 Section 1846. 59.52 (4) (a) 18. of the statutes is amended to read:

SB40-SSA1,823,9 59.52 (4) (a) 18. Case records and other record material of all public assistance that are kept as required under ch. 49, if no payments have been made for at least 3 years and if a face sheet or similar record of each case and a financial record of all payments for each aid account are preserved in accordance with rules adopted by the department of health and family services or by the department of workforce development children and families. If the department of health and family services or the department of workforce development children and families has preserved such case records and other record material on computer disc or tape or similar device, a county may destroy the original records and record material under rules adopted by the department that has preserved those case records or other record material.

SB40-SSA1, s. 1847 Section 1847. 59.53 (3) of the statutes is amended to read:

SB40-SSA1,823,12 59.53 (3) Community action agencies. The board may appropriate funds for promoting and assisting any community action agency under s. 46.30 49.265.

SB40-SSA1, s. 1848 Section 1848 . 59.53 (5) (a) of the statutes is amended to read:

SB40-SSA1,824,4 59.53 (5) (a) The board shall contract with the department of workforce development children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department , or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners, and all other county officials shall cooperate with the county and the department of workforce development children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development children and families under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 46.261 48.645, 49.19, or 49.47.

SB40-SSA1, s. 1849 Section 1849 . 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,824,21 59.53 (5) (a) The board shall contract with the department of children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners and all other county officials shall cooperate with the county and the department of children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of children and families under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, or 49.46, 49.465, 49.47, 49.471, or 49.472.

SB40-SSA1, s. 1850 Section 1850. 59.53 (5) (b) of the statutes is amended to read:

SB40-SSA1,825,7 59.53 (5) (b) The county child support agency under par. (a) shall electronically enter into the statewide data system related to child and spousal support payments that is operated by the department of workforce development children and families the terms of any order made or judgment granted in the circuit court of the county requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s. 767.57 (1) to be paid to the department of workforce development children and families or its designee. The county child support agency shall enter the terms of any such order or judgment within the time required by federal law and shall enter revisions ordered by the court to any order or judgment the terms of which are maintained on the data system.

SB40-SSA1, s. 1852 Section 1852. 59.69 (15) (intro.) of the statutes is amended to read:

SB40-SSA1,825,14 59.69 (15) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality, shall be subject to the following criteria:

SB40-SSA1, s. 1853 Section 1853. 59.69 (15) (c) of the statutes is amended to read:

SB40-SSA1,825,21 59.69 (15) (c) Where If the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).

SB40-SSA1, s. 1854 Section 1854. 59.69 (15) (d) of the statutes is amended to read:

SB40-SSA1,826,6 59.69 (15) (d) Where If the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated, or permitted under the authority of the department of health and family services or the department of children and families, the facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences, except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those areas. The municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1855 Section 1855. 59.69 (15) (e) of the statutes is amended to read:

SB40-SSA1,826,14 59.69 (15) (e) Where If the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1856 Section 1856. 59.69 (15) (f) of the statutes is amended to read:

SB40-SSA1,826,23 59.69 (15) (f) The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for adults, and the information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for children, and the information shall be available to the public.

SB40-SSA1, s. 1857 Section 1857. 59.69 (15) (h) of the statutes is amended to read:

SB40-SSA1,827,3 59.69 (15) (h) The attorney general shall take action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this subsection.

SB40-SSA1, s. 1860m Section 1860m. 60.37 (4) (a) of the statutes is amended to read:

SB40-SSA1,827,16 60.37 (4) (a) An elected town officer, other than a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. An elected town officer, who is a town clerk, a town treasurer, or an officer serving in a combined office of town clerk and town treasurer, who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $15,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 82.03 (1).

SB40-SSA1, s. 1861 Section 1861. 60.63 (intro.) of the statutes is amended to read:

SB40-SSA1,827,23 60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any town shall be subject to the following criteria:

SB40-SSA1, s. 1862 Section 1862. 60.63 (4) of the statutes is amended to read:

SB40-SSA1,828,7 60.63 (4) If the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, the community living arrangement is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided under sub. (10).

SB40-SSA1, s. 1863 Section 1863. 60.63 (5) of the statutes is amended to read:

SB40-SSA1,828,17 60.63 (5) In all cases where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences except as provided in sub. (10), but is entitled to apply for special zoning permission to locate in those areas. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1864 Section 1864. 60.63 (6) of the statutes is amended to read:

SB40-SSA1,828,25 60.63 (6) In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in subs. (1) and (2), and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1865 Section 1865. 60.63 (7) of the statutes is amended to read:

SB40-SSA1,829,8 60.63 (7) The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for adults, and such information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and the capacity of each community living arrangement for children, and such information shall be available to the public.

SB40-SSA1, s. 1866 Section 1866. 60.63 (9) of the statutes is amended to read:

SB40-SSA1,829,12 60.63 (9) The attorney general shall take all necessary action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this section.

SB40-SSA1, s. 1867 Section 1867. 62.13 (5) (i) of the statutes is amended to read:

SB40-SSA1,830,15 62.13 (5) (i) Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive. This paragraph does not apply to any fire fighter who is suspended, reduced, suspended and reduced, or removed by the board, and who is subject to the terms of a collective bargaining agreement entered into under subch. IV of ch. 111 that provides an alternative to the appeals procedure specified in this paragraph, unless the fire fighter chooses to appeal the order to circuit court. If the alternative to the appeals procedure includes a hearing, the hearing shall be open to the public with reasonable advance notice given by the employer. An accused fire fighter who chooses to appeal the decision of the board through a collectively bargained alternative to the appeals procedure specified in this paragraph is considered to have waived his or her right to circuit court review of the board decision.

SB40-SSA1, s. 1868 Section 1868. 62.23 (7) (i) (intro.) of the statutes is amended to read:

SB40-SSA1,830,22 62.23 (7) (i) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city shall be subject to the following criteria:

SB40-SSA1, s. 1869 Section 1869. 62.23 (7) (i) 3. of the statutes is amended to read:

SB40-SSA1,831,4 62.23 (7) (i) 3. In all cases where the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in subd. 9.

SB40-SSA1, s. 1870 Section 1870. 62.23 (7) (i) 4. of the statutes is amended to read:

SB40-SSA1,831,14 62.23 (7) (i) 4. In all cases where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences except as provided in subd. 9., but is entitled to apply for special zoning permission to locate in those areas. The city may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1871 Section 1871. 62.23 (7) (i) 5. of the statutes is amended to read:

SB40-SSA1,831,23 62.23 (7) (i) 5. In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The city may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40-SSA1, s. 1872 Section 1872. 62.23 (7) (i) 6. of the statutes is amended to read:

SB40-SSA1,832,8 62.23 (7) (i) 6. The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for adults, and such information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for children, and such information shall be available to the public.

SB40-SSA1, s. 1873 Section 1873. 62.23 (7) (i) 8. of the statutes is amended to read:

SB40-SSA1,832,12 62.23 (7) (i) 8. The attorney general shall take all necessary action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this paragraph.

SB40-SSA1, s. 1874 Section 1874. 66.0137 (3) of the statutes is amended to read:

SB40-SSA1,832,17 66.0137 (3) Health insurance for unemployed persons. Any city, village, town, or county may purchase health or dental insurance for unemployed persons residing in the city, village, town, or county who are not eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a) or (b).

SB40-SSA1, s. 1875m Section 1875m. 66.0203 (11) of the statutes is created to read:

SB40-SSA1,832,24 66.0203 (11) Town of Ledgeview in Brown County may become a village. (a) The town of Ledgeview, in Brown County, may become a village if the town holds, and approves, an incorporation referendum as described in s. 66.0211 (3). None of the other procedures contained in ss. 66.0201 to 66.0213 need to be fulfilled, and no approval by the department's incorporation review board under s. 66.0207 is necessary for the town to become a village.

SB40-SSA1,833,4 (b) The town of Ledgeview, in Brown County, shall enter into a boundary agreement with the city of De Pere, under s. 66.0307, except that the agreement need not be completed before the town holds a referendum on incorporation, as described in s. 66.0211 (3).

SB40-SSA1, s. 1875p Section 1875p. 66.0229 of the statutes is renumbered 66.0229 (1).

SB40-SSA1, s. 1875r Section 1875r. 66.0229 (1) (title) of the statutes is created to read:

SB40-SSA1,833,7 66.0229 (1) (title) General procedures.

SB40-SSA1, s. 1875s Section 1875s. 66.0229 (2) of the statutes is created to read:

SB40-SSA1,833,15 66.0229 (2) Town of Rochester in Racine county and the village of Rochester may consolidate. The town of Rochester, in Racine County, and the village of Rochester may consolidate if all of the procedures contained sub. (1) are fulfilled, except that the consolidation ordinance need not be submitted to the circuit court for a determination and the department of administration for a public interest finding, as otherwise required, and the consolidation may be completed without any circuit court determination or department of administration findings.

SB40-SSA1, s. 1875t Section 1875t. 66.0230 (1) (a) of the statutes is amended to read:

SB40-SSA1,833,21 66.0230 (1) (a) In addition to the method described in s. 66.0229 (1) and subject to subs. (2), (3), and (4) and to s. 66.0307 (7), all or part of a town may consolidate with a contiguous city or village by ordinance passed by a two-thirds vote of all of the members of each board or council and ratified by the electors at a referendum held in each municipality.

SB40-SSA1, s. 1876 Section 1876. 66.0301 (1) (a) of the statutes is amended to read:

SB40-SSA1,834,9 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

SB40-SSA1, s. 1877 Section 1877. 66.0601 (1) (b) of the statutes is amended to read:

SB40-SSA1,834,15 66.0601 (1) (b) Payments for abortions restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

SB40-SSA1, s. 1878 Section 1878. 66.0601 (1) (c) of the statutes is amended to read: