SB40: Bill Text

SB40,821,10 51.437 (14) (i) Ensure that the matching funds requirement for the state developmental disabilities councils grant, as received from the federal department of health and human services, is met by reporting to the federal department of health and human services expenditures made for the provision of developmental disabilities services under the basic county allocation distributed under s. 46.40 (2).

SB40, s. 1825 Section 1825. 51.44 (5) (c) of the statutes is repealed.

SB40, s. 1826 Section 1826. 51.45 (4) (p) of the statutes is repealed.

SB40, s. 1827 Section 1827. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated, renumbered 51.45 (12) (b) and amended to read:

SB40,821,21 51.45 (12) (b) The physician, spouse, guardian, or a relative of the person sought to be committed, or any other responsible person, may petition a circuit court commissioner or the circuit court of the county in which the person sought to be committed resides or is present for commitment under this subsection. The petition shall: 1. State state facts to support the need for emergency treatment; 3. Be and be supported by one or more affidavits which that aver with particularity the factual basis for the allegations contained in the petition.

SB40, s. 1828 Section 1828. 51.45 (12) (b) 2. of the statutes is repealed.

SB40, s. 1829 Section 1829. 51.45 (12) (c) 2. of the statutes is amended to read:

SB40,822,4 51.45 (12) (c) 2. Assure that the person sought to be committed is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child by referring the person to the state public defender, who shall appoint counsel for the child person without a determination of indigency, as provided in s. 48.23 (4) 51.60.

SB40, s. 1830 Section 1830. 51.45 (13) (b) 2. of the statutes is amended to read:

SB40,822,13 51.45 (13) (b) 2. Assure that the person is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child by referring the person to the state public defender, who shall appoint counsel for the child person without a determination of indigency, as provided in s. 48.23 (4) 51.60. The person shall be represented by counsel at the preliminary hearing under par. (d). The person may, with the approval of the court, waive his or her right to representation by counsel at the full hearing under par. (f).

SB40, s. 1831 Section 1831. 51.45 (13) (d) of the statutes is amended to read:

SB40,823,3 51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under par. (a) are true. The court shall assure that the person shall be is represented by counsel at the preliminary hearing and, if the person is a child or is indigent, by referring the person to the state public defender, who shall appoint counsel shall timely be appointed at public expense, as provided in s. 967.06 and ch. 977 for the person without a determination of indigency, as provided in s. 51.60. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.

SB40, s. 1832 Section 1832. 51.45 (13) (j) of the statutes is amended to read:

SB40,823,13 51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days, and assure that the person sought to be recommitted is represented by counsel and, if the person is indigent, appoint by referring the person to the state public defender, who shall appoint counsel for him or her, unless waived for the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).

SB40, s. 1833 Section 1833. 51.45 (16) (c) of the statutes is repealed.

SB40, s. 1834 Section 1834. 51.60 of the statutes is created to read:

SB40,823,20 51.60 Appointment of counsel. (1) Adults. (a) In any situation under this chapter in which an adult individual has a right to be represented by 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.

SB40,823,22 (b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the individual knowingly and voluntarily waives counsel.

SB40,823,25 (2) Minors. In any situation under this chapter in which a minor has a right to be represented by counsel, counsel for the minor shall be appointed as provided in s. 48.23 (4).

SB40,824,3 (3) Retained counsel. 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, s. 1835 Section 1835. 51.605 of the statutes is created to read:

SB40,824,14 51.605 Reimbursement for counsel provided by the state. (1) Inquiry. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost 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.

SB40,824,21 (2) Payment. 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).

SB40,824,25 (3) Report. 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, s. 1836 Section 1836. 55.10 (4) (a) of the statutes is amended to read:

SB40,825,20 55.10 (4) (a) Counsel; costs . The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall appoint refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. Counsel shall be provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent. If the individual sought to be protected is an adult who is indigent, and if counsel was not appointed under s. 977.08, the county in which the hearing is held is liable for any fees due the individual's legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under s. 880.33 ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.

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

SB40,826,2 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.

SB40,826,5 (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).

SB40,826,8 (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, s. 1838 Section 1838. 55.107 of the statutes is created to read:

SB40,826,19 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 all or part of the cost of representation. If the court determines that the individual is able to make reimbursement for all or part of the cost 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.

SB40,827,2 (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).

SB40,827,6 (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, s. 1839 Section 1839. 55.135 (1) of the statutes is amended to read:

SB40,828,4 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, s. 1840 Section 1840. 55.14 (7) of the statutes is amended to read:

SB40,828,9 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, s. 1841 Section 1841. 55.15 (7) (cm) of the statutes is amended to read:

SB40,828,14 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, s. 1842 Section 1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:

SB40,828,19 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, s. 1843 Section 1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:

SB40,828,24 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, s. 1844 Section 1844. 59.22 (2) (c) 2. of the statutes is amended to read:

SB40,829,5 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, s. 1845 Section 1845. 59.40 (2) (p) of the statutes is amended to read:

SB40,829,11 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, s. 1846 Section 1846. 59.52 (4) (a) 18. of the statutes is amended to read:

SB40,829,23 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, s. 1847 Section 1847. 59.53 (3) of the statutes is amended to read:

SB40,830,2 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, s. 1848 Section 1848 . 59.53 (5) (a) of the statutes is amended to read:

SB40,830,19 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, s. 1849 Section 1849 . 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,831,11 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, s. 1850 Section 1850. 59.53 (5) (b) of the statutes is amended to read:

SB40,831,22 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, s. 1851 Section 1851. 59.605 (1) (a) of the statutes is amended to read:

SB40,832,2 59.605 (1) (a) "Debt levy" means the county purpose levy for debt service on loans under subch. II of ch. 24, bonds issued under s. 67.05 and, promissory notes issued under s. 67.12 (12), and appropriation bonds issued under s. 59.85, less any revenues that abate the levy.

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

SB40,832,9 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, s. 1853 Section 1853. 59.69 (15) (c) of the statutes is amended to read:

SB40,832,16 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, s. 1854 Section 1854. 59.69 (15) (d) of the statutes is amended to read:

SB40,833,2 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, s. 1855 Section 1855. 59.69 (15) (e) of the statutes is amended to read:

SB40,833,10 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, s. 1856 Section 1856. 59.69 (15) (f) of the statutes is amended to read:

SB40,833,19 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, s. 1857 Section 1857. 59.69 (15) (h) of the statutes is amended to read:

SB40,833,23 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, s. 1858 Section 1858. 59.85 of the statutes is created to read:

SB40,834,2 59.85 Appropriation bonds for payment of employee retirement system liability in populous counties. (1) Definitions. In this section:

SB40,834,5 (a) "Appropriation bond" means a bond issued by a county to evidence its obligation to repay a certain amount of borrowed money that is payable from all of the following:

SB40,834,7 1. Moneys annually appropriated by law for debt service due with respect to such appropriation bond in that year.

SB40,834,8 2. Proceeds of the sale of such appropriation bonds.

SB40,834,10 3. Payments received for that purpose under agreements and ancillary arrangements described in s. 59.86.

SB40,834,11 4. Investment earnings on amounts in subds. 1. to 3.

SB40,834,12 (b) "Board" means the county board of supervisors in any county.

SB40,834,14 (c) "Bond" means any bond, note, or other obligation of a county issued under this section.

SB40,834,15 (d) "County" means any county having a population of 500,000 or more.

SB40,834,17 (e) "Refunding bond" means an appropriation bond issued to fund or refund all or any part of one or more outstanding appropriation bonds.

SB40,834,24 (1m) Legislative finding and determination. Recognizing that a county, by prepaying part or all of the county's unfunded prior service liability with respect to an employee retirement system of the county, may reduce its costs and better ensure the timely and full payment of retirement benefits to participants and their beneficiaries under the employee retirement system, the legislature finds and determines that it is in the public interest for the county to issue appropriation bonds to obtain proceeds to pay its unfunded prior service liability.

SB40,835,3 (2) Authorization of appropriation bonds. (a) A board shall have all powers necessary and convenient to carry out its duties, and to exercise its authority, under this section.

SB40,835,11 (b) Subject to pars. (c) and (d), a county may issue appropriation bonds under this section to pay all or any part of the county's unfunded prior service liability with respect to an employee retirement system of the county, or to fund or refund outstanding appropriation bonds issued under this section. A county may use proceeds of appropriation bonds to pay issuance or administrative expenses, to make deposits to reserve funds, to pay accrued or funded interest, to pay the costs of credit enhancement, to make payments under other agreements entered into under s. 59.86, or to make deposits to stabilization funds established under s. 59.87.

SB40,835,13 (c) Other than refunding bonds issued under sub. (6), all bonds must be issued simultaneously.

SB40,835,25 (d) 1. Before a county may issue appropriation bonds under par. (b), its board shall enact an ordinance that establishes a 5-year strategic and financial plan related to the payment of all or any part of the county's unfunded prior service liability with respect to an employee retirement system of the county. The strategic and financial plan shall provide that future annual pension liabilities are funded on a current basis. The strategic and financial plan shall contain quantifiable benchmarks to measure compliance with the plan. The board shall make a determination that the ordinance meets the requirements of this subdivision and, absent manifest error, the board's determination shall be conclusive. The board shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a copy of the strategic and financial plan.