AB573, s. 72
8Section
72. 51.437 (14r) (title), (a) (intro.), 1., 7. and (b) and (c) of the statutes
9are amended to read:
AB573,28,1210
51.437
(14r) (title)
Duties of the
council on board for people with
11developmental disabilities. (a) (intro.) The
council on board for people with 12developmental disabilities shall:
AB573,28,1613
1. Designate appropriate state or local agencies for the administration of
14programs and fiscal resources made available to the
council on board for people with 15developmental disabilities under federal legislation affecting the delivery of services
16to the developmentally disabled.
AB573,28,1917
7. Notify the governor regarding membership requirements of the
council 18board and if vacancies on the
council
board remain unfilled for a significant period
19of time.
AB573,28,2120
(b) The
council board may establish such reasonable procedures as are
21essential to the conduct of the affairs of the
council
board.
AB573,29,3
1(c) The
council on board for people with developmental disabilities may or, if
2requested by the governor, shall coordinate recommendations of the
council board 3and the public to the governor regarding
council
board membership.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
AB573,29,136
51.45
(13) (j) Upon the filing of a petition for recommitment under par. (h), the
7court shall fix a date for a recommitment hearing within 10 days and assure that the
8person sought to be recommitted is represented by counsel by referring the person
9to the state public defender, who shall appoint counsel for
for the person without a
10determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating
11to notice and to access to records, names of witnesses, and summaries of their
12testimony shall apply to recommitment hearings under this paragraph. At the
13recommitment hearing, the court shall proceed as provided under pars. (f) and (g).
AB573, s. 74
14Section
74. 51.62 (2) (a) 2. of the statutes is amended to read:
AB573,29,1615
51.62
(2) (a) 2. The
council on board for people with developmental disabilities
16and the council on mental health.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
AB573, s. 75
17Section
75. 51.62 (2) (b) 2. a. of the statutes is amended to read:
AB573,29,1918
51.62
(2) (b) 2. a. The
council on
board for people with developmental
19disabilities and the council on mental health.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2.
2005 Wis. Act 387 renumbered s. 880.13 (title) to s. 54.46 (5) (title), but
renumbered the remainder of s. 880.13 to s. 54.46 (4).
AB573,30,19
555.001 Declaration of policy. The legislature recognizes that many citizens
6of the state, because of serious and persistent mental illness, degenerative brain
7disorder
disorders, developmental disabilities, or other like incapacities, are in need
8of protective services or protective placement. Except as provided in s. 49.45 (30m)
9(a), the protective services or protective placement should, to the maximum degree
10of feasibility under programs, services and resources that the county board of
11supervisors is reasonably able to provide within the limits of available state and
12federal funds and of county funds required to be appropriated to match state funds,
13allow the individual the same rights as other citizens, and at the same time protect
14the individual from financial exploitation, abuse, neglect, and self-neglect. This
15chapter is designed to establish those protective services and protective placements,
16to assure their availability to all individuals when in need of them, and to place the
17least possible restriction on personal liberty and exercise of constitutional rights
18consistent with due process and protection from abuse, financial exploitation,
19neglect, and self-neglect.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 55.10 (4) (a) reads:
(a) Counsel. 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 refer the individual to the state public
defender as provided under s. 55.105 for appointment of 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 ch. 54, the court shall order the counsel
appointed under s. 977.08 to represent under this section the individual sought to be
protected.
AB573,32,63
55.135
(1) If, from personal observation of, or a reliable report made by a person
4who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if
5any, or authorized representative of a county department or an agency with which
6it contracts under s. 55.02 (2), it appears probable that an individual is so totally
7incapable of providing for his or her own care or custody as to create a substantial
8risk of serious physical harm to himself or herself or others as a result of
9developmental disability, degenerative brain disorder, serious and persistent mental
10illness, or other like incapacities if not immediately placed, the individual who
11personally made the observation or to whom the report is made may take into custody
12and transport the individual to an appropriate medical or protective placement
13facility. The person making emergency protective placement shall prepare a
14statement at the time of detention providing specific factual information concerning
15the person's observations or reports made to the person and the basis for emergency
16placement. The statement shall be filed with the director of the facility and with any
17petition under s. 55.075. At the time of emergency protective placement the
1individual shall be informed by the director of the facility or the director's designee,
2orally and in writing, of his or her right to contact an attorney and a member of his
3or her immediate family and the right to have an attorney provided at public
4expense, as provided under s.
967.06 and ch. 977, if the individual is a minor or is
5indigent 55.105. The director or designee shall also provide the individual with a
6copy of the statement by the person making emergency protective placement.
Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the
treatment by Act 20 into account. The change made by
2007 Wis. Act 20 replaced the
stricken language in the then existing s. 55.135 (1) with the cross-reference to s. 55.105,
which was created by Act 20 to make specific provision for attorneys in ch. 55 actions.
The cross-reference to s. 55.105 is reinserted.
AB573,32,129
55.14
(7) Upon the filing of a petition under this section, the court shall
appoint 10make a referral for appointment of legal counsel as
required provided under s.
55.10
11(4) (a) 55.105. A petition under this section shall be heard within 30 days after it is
12filed.
Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the
treatment by
2007 Wis. Act 20 into account. This provision reinserts the changes made
by Act 20.
AB573, s. 81
13Section
81. 55.19 (1m) (title) of the statutes is created to read:
AB573,32,1414
55.19
(1m) (title)
County agreement.
Note: Section 55.19 (1m) was repealed and recreated by
2007 Wis. Act 45 without
a title. The previous title is restored. All other subsections of s. 55.19 have titles. The
subject matter of s. 55.19 (1m) was unchanged. The title is printed in the 2007-08
Statutes.
AB573,33,417
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
18a village provides health care benefits under its home rule power, or if a town
1provides health care benefits, to its officers and employees on a self-insured basis,
2the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
3632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4)
, (5),
4and (6), 632.885, 632.895 (9) to (17), 632.896, and 767.513 (4).
Note: The underscored comma was printed in the 2007-08 Statutes and is
confirmed here.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 66.0230 (1) (a) reads:
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 ss. 66.0301 (6) (d) and 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.
AB573,33,119
66.0420
(2) (a) "Affiliate
",," when used in relation to any person, means another
10person who owns or controls, is owned or controlled by, or is under common
11ownership or control with such person.
Note: Places comma before quotation mark consistent with current style.
AB573,34,714
66.0617
(9) (a) Subject to
. pars. (b), (c), and (d), and with regard to an impact
15fee that is collected after April 10, 2006, an ordinance enacted under this section shall
16specify that impact fees that are collected by a municipality within 7 years of the
17effective date of the ordinance, but are not used within 10 years after the effective
18date of the ordinance to pay the capital costs for which they were imposed, shall be
19refunded to the current owner of the property with respect to which the impact fees
1were imposed, along with any interest that has accumulated, as described in sub. (8).
2The ordinance shall specify, by type of public facility, reasonable time periods within
3which impact fees must be spent or refunded under this subsection, subject to the
410-year limit in this paragraph and the extended time period specified in par. (b).
5In determining the length of the time periods under the ordinance, a municipality
6shall consider what are appropriate planning and financing periods for the
7particular types of public facilities for which the impact fees are imposed.
Note: Deletes extraneous period inadvertently retained when striking material in
2007 Wis. Act 44.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 66.0617 (9) (b) reads:
(b) The 10-year time limit for using impact fees that is specified under par. (a) may
be extended for 3 years if the municipality adopts a resolution stating that, due to
extenuating circumstances or hardship in meeting the 10-year limit, it needs an
additional 3 years to use the impact fees that were collected. The resolution shall include
detailed written findings that specify the extenuating circumstances or hardship that led
to the need to adopt a resolution under this paragraph.
AB573,35,312
67.12
(12) (a) Any municipality may issue promissory notes as evidence of
13indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not
14limited to paying any general and current municipal expense, and refunding any
15municipal obligations, including interest on them. Each note, plus interest if any,
16shall be repaid within 10 years after the original date of the note, except that notes
17issued under this section for purposes of ss. 119.498, 145.245 (12m), 281.58, 281.59,
18281.60, 281.61, and 292.72
, issued to raise funds to pay a portion of the capital costs
19of a metropolitan sewerage district, or issued by a 1st class city or a county having
1a population of 500,000 or more, to pay unfunded prior service liability with respect
2to an employee retirement system, shall be repaid within 20 years after the original
3date of the note.
Note: Inserts necessary comma.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.07 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages
paid to full-time employees for services that are performed in an enterprise zone. "Zone
payroll" does not include the amount of wages paid to any full-time employees that
exceeds $100,000.
AB573,35,118
71.26
(2) (a) 5. Plus the amount of losses from the sale or other disposition of
9assets the gain from which would be wholly exempt income, as defined in sub. (3) (L),
10if the assets were sold or otherwise disposed of at a gain and minus deductions, as
11computed under the Internal Revenue Code as modified under sub. (3)
,.
Note: Deletes unnecessary comma. The change is printed in the 2007-08 Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.28 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages
paid to full-time employees for services that are performed in an enterprise zone. "Zone
payroll" does not include the amount of wages paid to any full-time employees that
exceeds $100,000.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.47 (3w) (a) 6. reads:
6. "Zone payroll" means the amount of state payroll that is attributable to wages
paid to full-time employees for services that are performed in an enterprise zone. "Zone
payroll" does not include the amount of wages paid to any full-time employees that
exceeds $100,000.
AB573,37,113
73.03
(2a) To prepare and publish, in electronic form and on the Internet,
4assessment manuals. The manual shall discuss and illustrate accepted assessment
5methods, techniques and practices with a view to more nearly uniform and more
6consistent assessments of property at the local level. The manual shall be amended
7by the department from time to time to reflect advances in the science of assessment,
8court decisions concerning assessment practices, costs, and statistical and other
9information considered valuable to local assessors by the department. The manual
10shall incorporate standards for the assessment of all types of renewable energy
11resource systems used in this state as soon as such systems are used in sufficient
12numbers and sufficient data exists to allow the formulation of valid guidelines. The
13manual shall incorporate standards, which the department of revenue and the state
14historical society of Wisconsin shall develop, for the assessment of nonhistoric
15property in historic districts and for the assessment of historic property, including
16but not limited to property that is being preserved or restored; property that is
17subject to a protective easement, covenant or other restriction for historic
18preservation purposes; property that is listed in the national register of historic
19places in Wisconsin or in this state's register of historic places and property that is
20designated as a historic landmark and is subject to restrictions imposed by a
21municipality or by a landmarks commission. The manual shall incorporate general
22guidelines about ways to determine whether property is taxable in part under s.
2370.1105 and examples of the ways that s. 70.1105 applies in specific situations. The
1manual shall state that assessors are required to comply with s. 70.32 (1g) and shall
2suggest procedures for doing so. The manual or a supplement to it shall specify per
3acre value guidelines for each municipality for various categories of agricultural land
4based on the income that could be generated from its estimated rental for
5agricultural use, as defined by rule, and capitalization rates established by rule. The
6manual shall include guidelines for classifying land as agricultural land, as defined
7in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and
8improvements to land. The manual shall specify the evidence to be exchanged under
9s. 70.47 (7) (c) and (16) (c). The cost of the development, preparation, and Internet
10publication of the manual and of revisions and amendments to it shall be paid from
11the appropriation under s. 20.566 (2)
(b) (bm).
Note: Corrects cross-reference. Section 20.566 (2) (b), as created by
2007 Wis. Act
20, is renumbered to s. 20.566 (2) (bm) by this bill.
Note: There is no conflict of substance. As merged by the legislative reference
bureau and amended in the next section of this bill, s. 76.636 (1) (e) reads:
(e) "Member of a targeted group" means any of the following, if the person has been
certified in the manner under s. 71.47 (1dj) (am) 3. by a designated local agency, as defined
in s. 71.47 (1dj) (am) 2.:
1. A person who resides in an area designated by the federal government as an
economic revitalization area.
2. A person who is employed in an unsubsidized job but meets the eligibility
requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position.
3. A person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real
work, real pay project position under s. 49.147 (3m).
4. A person who is eligible for child care assistance under s. 49.155.
5. A person who is a vocational rehabilitation referral.
6. An economically disadvantaged youth.
7. An economically disadvantaged veteran.
8. A supplemental security income recipient.
9. A general assistance recipient.
10. An economically disadvantaged ex-convict.
11. A qualified summer youth employee, as defined in
26 USC 51 (d) (7).
12. A dislocated worker, as defined in
29 USC 2801 (9).
13. A food stamp recipient.
AB573,38,43
76.636
(1) (e) 3. A person who is employed in a trial job, as defined in s. 49.141
4(1) (n)
, or in a real work, real pay project position under s. 49.147 (3m)
,.
Note: The inserted comma was deleted by
2007 Wis. Act 97, but is necessary to
accommodate the treatment by
2007 Wis. Act 20. The deleted comma was inserted by Act
20 but was rendered surplusage by the treatment by Act 97.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2.
2007 Wis. Act 20 also created a provision numbered s. 79.10 (7m) (c).
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2.
2007 Wis. Act 30 also created a provision numbered s. 84.1023.