SB21: Bill Text

SB21,1891 Section 1891. 51.37 (5) (b) of the statutes is amended to read:

SB21,755,3 51.37 (5) (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.

SB21,1892 Section 1892. 51.42 (1) (b) of the statutes is amended to read:

SB21,756,11 51.42 (1) (b) County liability. The county board of supervisors except in Milwaukee County, has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. In Milwaukee County, the Milwaukee County mental health board has the primary responsibility for the well-being, treatment and care of the mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee County and for ensuring that those individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. The county board of supervisors of Milwaukee County has the primary responsibility for the well-being, treatment, and care of the developmentally disabled citizens residing within Milwaukee County, except where the responsibility is delegated explicitly under this section to the Milwaukee County mental health board, and for ensuring that developmentally disabled individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors, or, as applicable, the Milwaukee County mental health board, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (5) (da), as provided in s. 51.22 (3).

SB21,1893 Section 1893. 51.42 (3) (ar) 17. of the statutes is amended to read:

SB21,756,15 51.42 (3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

SB21,1894 Section 1894. 51.42 (3) (ar) 18. of the statutes is amended to read:

SB21,756,20 51.42 (3) (ar) 18. If authorized under s. 46.284 (1) (a) 1., apply to the department of health services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

SB21,1895 Section 1895. 51.42 (3) (e) of the statutes is amended to read:

SB21,757,12 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), care management organization, or long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1896 Section 1896 . 51.42 (3) (e) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,758,5 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), or a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), or care management organization, or long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1897 Section 1897. 51.42 (5) (a) 13. of the statutes is repealed.

SB21,1898 Section 1898. 51.42 (6m) (o) of the statutes is repealed.

SB21,1899 Section 1899. 51.421 (3) (e) of the statutes is repealed.

SB21,1900 Section 1900. 51.423 (3) of the statutes is repealed.

SB21,1901 Section 1901. 51.437 (4m) (n) of the statutes is amended to read:

SB21,758,13 51.437 (4m) (n) If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

SB21,1902 Section 1902. 51.437 (4m) (p) of the statutes is amended to read:

SB21,758,18 51.437 (4m) (p) If authorized under s. 46.284 (1) (a) 1., apply to the department of health services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

SB21,1903 Section 1903. 51.437 (4r) (b) of the statutes is amended to read:

SB21,759,10 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1904 Section 1904 . 51.437 (4r) (b) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,760,3 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), or a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), or a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1905 Section 1905. 54.15 (8) (a) 3. of the statutes is amended to read:

SB21,760,7 54.15 (8) (a) 3. Any license, certificate, permit, or registration of the proposed guardian that is required under chs. 89, 202, or 440 to 480 or by the laws of another state for the practice of a profession or occupation has been suspended or revoked.

SB21,1906 Section 1906. 55.043 (4) (b) 5. of the statutes is amended to read:

SB21,760,13 55.043 (4) (b) 5. Refer the case to the department of safety and professional services financial institutions and professional standards if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14 or to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

SB21,1907 Section 1907. 55.043 (4) (b) 5g. of the statutes is repealed.

SB21,1908 Section 1908. 59.25 (3) (gm) of the statutes is created to read:

SB21,760,18 59.25 (3) (gm) Deposit all moneys received under s. 973.0455 (2) into a crime prevention fund and, on order of the crime board under s. 59.54 (28) (d), make grant payments as the crime board directs.

SB21,1909 Section 1909. 59.26 (8) (a) of the statutes is amended to read:

SB21,761,24 59.26 (8) (a) In any county with a population of less than 500,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. Subject to sub. (10), the board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. Such competitive examinations may be by a county civil service commission or by the division bureau of merit recruitment and selection in the office of state employment relations department of administration at the option of the board and it shall so provide by ordinance. The division bureau of merit recruitment and selection in the office of state employment relations shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall, subject to sub. (10), make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall, subject to sub. (10), make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the division bureau of merit recruitment and selection in the office of state employment relations at the option of the board and it shall so provide by ordinance.

SB21,1910 Section 1910. 59.40 (2) (n) of the statutes is amended to read:

SB21,762,3 59.40 (2) (n) Pay monthly to the treasurer the amounts required by s. 302.46 (1) for the jail assessment surcharge and the amounts required by s. 973.0455 (2). The payments shall be made by the 15th day of the month following receipt thereof.

SB21,1911 Section 1911. 59.40 (4) of the statutes is amended to read:

SB21,762,12 59.40 (4) Clerk of circuit court; debt collector contract. If authorized by the board under s. 59.52 (28) (a), the clerk of circuit court may contract with a debt collector, as defined in s. 427.103 (3), for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the debt collector shall be paid from the proceeds recovered by the debt collector. The net proceeds received by the clerk of circuit court after the payment to the debt collector shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under sub. (2) (m).

SB21,1912 Section 1912. 59.48 of the statutes is amended to read:

SB21,763,2 59.48 County and regional assessment unit assessor. The county executive elected under s. 59.17 or the county administrator elected or appointed under s. 59.18 shall appoint a county assessor as prescribed in and subject to the limitations of s. 70.99, approve the hiring of the assessor's staff as prescribed in that section and otherwise comply with that section 70.991. In counties with neither a county executive nor a county administrator the appointment of the county assessor shall be the duty of the chairperson of the board subject to the approval of the board and subject to the limitations of s. 70.99. The hiring of the assessor's staff shall be the duty of the county assessor subject to the limitations of s. 70.99 70.991. In the case of a regional assessment unit, the appointments under this section shall be made by the county executive, the county administrator, or by the board chairperson with the approval of the board, consistent with this section, of the most populous county in the regional assessment unit, unless specified otherwise in the ordinance adopted under s. 70.991 (2) to form the unit.

SB21,1913 Section 1913. 59.52 (28) of the statutes is renumbered 59.52 (28) (a).

SB21,1914 Section 1914. 59.52 (28) (b) of the statutes is created to read:

SB21,763,6 59.52 (28) (b) The board may enter into a written agreement under s. 71.93 (8) (b) to have the department of revenue collect any amount owed to the county.

SB21,1915 Section 1915. 59.54 (28) of the statutes is created to read:

SB21,763,8 59.54 (28) Crime prevention funding board. (a) In this subsection:

SB21,763,11 1. "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, or the town board chairperson of a town.

SB21,763,13 2. "Crime board" means the crime prevention funding board that is created under this subsection.

SB21,763,14 3. "Municipality" means a city, village, or town.

SB21,763,21 (b) There is created in each county, in which the treasurer receives moneys and deposits them as described in s. 59.25 (3) (gm), a crime board. The funds in such an account may be distributed upon the direction of the crime board under par. (d). The crime board shall meet, and its members may receive no compensation, other than reimbursement for actual and reasonable expenses incurred in the performance of their duties. Members shall serve for the terms that are determined by the crime board.

SB21,763,22 (c) A county crime board shall consist of the following members:

SB21,763,23 1. The presiding judge of the circuit court, or his or her designee

SB21,763,24 2. The district attorney, or his or her designee.

SB21,763,25 3. The sheriff, or his or her designee.

SB21,764,1 4. One of the following county officials, or his or her designee:

SB21,764,2 a. The county executive.

SB21,764,3 b. If the county does not have a county executive, the county administrator.

SB21,764,5 c. The chairperson of the county board of supervisors, or his or her designee, if the county does not have a county executive or a county administrator.

SB21,764,7 5. The chief elected official of the largest municipality in the county, as determined by population, or his or her designee.

SB21,764,9 6. A person chosen by a majority vote of the sheriff and all of the chiefs of police departments that are located wholly or partly within the county.

SB21,764,10 7. A person chosen by the county's public defender's office.

SB21,764,15 (d) 1. The crime board may solicit applications for grants in a format determined by the crime board, and may vote to direct the treasurer to distribute grants to applicants from moneys in the crime prevention fund under s. 59.25 (3) (gm). The crime board may direct the treasurer to distribute grants to any of the following entities, in amounts determined by the crime board:

SB21,764,19 a. One or more private nonprofit organizations within the county that has as its primary purpose preventing crime, providing a funding source for crime prevention programs, encouraging the public to report crime, or assisting law enforcement agencies in the apprehension of criminal offenders.

SB21,764,22 b. A law enforcement agency within the county that has a crime prevention fund, if the contribution is credited to the crime prevention fund and is used for crime prevention purposes.

SB21,764,24 2. Not less than 50 percent of the payments made under subd. 1. shall be made to one or more organizations described in subd. 1. a.

SB21,765,5 (e) Annually, the crime board shall submit a report on its activities to the clerk of court for the county that distributed the funds, to the county board, and to the legislative bodies of each municipality that is located wholly or partly within the county. The report shall contain at least all of the following information for the year to which the report relates:

SB21,765,7 1. The name and address of each entity that received a grant, including contact information for the leadership of the entity.

SB21,765,10 2. A full accounting of all funds disbursed by the treasurer at the direction of the crime board, including the amount of the funds disbursed, the dates of disbursal, and the purposes for which the grant was made.

SB21,765,14 (f) Annually, each recipient of a grant awarded under this subsection shall submit a report on its activities to all of the entities specified in par. (e). The report shall contain at least all of the following information for the year to which the report relates:

SB21,765,15 1. The name and address of the entity.

SB21,765,17 2. The name and address, and title, of each member of the governing body of the entity.

SB21,765,18 3. The purposes for which the grant money was spent.

SB21,765,20 4. A detailed accounting of all receipts and expenditures of the entity that relate to the grant money.

SB21,765,21 5. The balance of any funds remaining.

SB21,1916 Section 1916. 59.56 (3) (a) of the statutes is amended to read:

SB21,766,2 59.56 (3) (a) Creation. A Subject to approval of the Board of Regents of the University of Wisconsin System Authority, a board may establish and maintain an educational program in cooperation with the University of Wisconsin System Authority, referred to in this subsection as "University Extension Program".

SB21,1917 Section 1917. 59.56 (3) (c) 2. of the statutes is amended to read:

SB21,766,9 59.56 (3) (c) 2. The committee on agriculture and extension education may enter into joint employment agreements with the university extension or with other counties and the university extension if the county funds that are committed in the agreements have been appropriated by the board. Persons so employed under cooperative agreements and approved by the board of regents shall be considered employees of both the county and the University of Wisconsin System Authority.

SB21,1918 Section 1918. 59.56 (3) (f) 1. (intro.) of the statutes is amended to read:

SB21,766,17 59.56 (3) (f) 1. (intro.) A Subject to approval of the Board of Regents of the University of Wisconsin System Authority, a university extension program is authorized, under the direction and supervision of the county committee on agriculture and extension education, cooperating with the university extension of the University of Wisconsin System Authority, and within the limits of funds provided by the board and cooperating state and federal agencies, to make available the necessary facilities and conduct programs in the following areas:

SB21,1919 Section 1919. 59.56 (3) (g) of the statutes is amended to read:

SB21,767,3 59.56 (3) (g) Department of government. For the purposes of s. 59.22 (2) (d) the university extension program shall be a department of county government and the committee on agriculture and extension education shall be the committee which is delegated the authority to direct and supervise the department. In Subject to approval of the Board of Regents of the University of Wisconsin System Authority, and in cooperation with the university extension of the University of Wisconsin System Authority, the committee on agriculture and extension education shall have the responsibility to formulate and execute the university extension program. The university extension shall annually report to the board its activities and accomplishments.

SB21,1920 Section 1920. 59.56 (4) of the statutes is amended to read:

SB21,767,8 59.56 (4) University college campuses. The board may appropriate money for the construction, remodeling, expansion, acquisition or equipping of land, buildings and facilities for a University of Wisconsin System college campus, as defined in s. 36.05 (6m), if the operation of it has been approved by the board of regents.

SB21,1921 Section 1921. 59.57 (1) (a) of the statutes is amended to read:

SB21,767,21 59.57 (1) (a) Subject to par. (b), the board may appropriate money for and create a county industrial development agency or to any nonprofit agency organized to engage or engaging in activities described in this paragraph, appoint an executive officer and provide a staff and facilities to promote and develop the resources of the county and of its component municipalities. To this end the agency may, without limitation because of enumeration, develop data regarding the industrial needs, advantages and sites in the county, acquaint the purchaser with the products of the county by promotional activities, coordinate its work with that of the county planning commission, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and private credit development corporations, and do all things necessary to provide for the continued improvement of the industrial climate of the county.

SB21,1922 Section 1922. 59.57 (1) (b) of the statutes is amended to read:

SB21,768,2 59.57 (1) (b) If a county with a population of 500,000 750,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 16.287 203.07 (1) (f), and that principally serves minority group members.

SB21,1923 Section 1923. 59.693 (8) of the statutes is amended to read:

SB21,768,10 59.693 (8) Applicability to local governments and agencies. An ordinance that is enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance that is enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney and the University of Wisconsin System Authority, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2).

SB21,1924 Section 1924. 60.05 (4) of the statutes is amended to read: