1997 Wisconsin Act 35

35,151 Section 151 . 51.20 (7) (d) 2. of the statutes, as affected by 1995 Wisconsin Act 268 and 1995 Wisconsin Act 292, section 21, is renumbered 51.20 (7) (d) 1. b. and amended to read:

51.20 (7) (d) 1. b. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.

2. A finding by the court that there is probable cause to believe that the subject individual meets the commitment standard under sub. (1) (a) 2. e. constitutes a finding that the individual is not competent to refuse medication or treatment under this paragraph.

Note: This section and the previous section of this bill reconcile the treatment of s. 51.20 (7) (d) by 1995 Wis. Act 268 and 1995 Wis. Act 292, section 21.

35,152 Section 152 . 51.30 (1) (am) of the statutes, as affected by 1995 Wisconsin Act 169, is renumbered 51.62 (1) (am).

Note: This provision was previously numbered s. 51.62 (1) (a) and was inadvertently renumbered to s. 51.30 (1) (am) by 1995 Wisconsin Act 169. The intended result was to renumber it to be s. 51.62 (1) (am).

35,153 Section 153 . 51.35 (3) (title) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

51.35 (3) (title) Transfer of certain children juveniles from juvenile correctional facilities and secured child caring institutions.

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

35,154 Section 154 . The amendment of 51.35 (3) (c) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 292, section 27. All treatments stand.

Note: There is no conflict of substance.

35,155 Section 155 . The amendment of 51.35 (3) (e) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 292, section 27. All treatments stand.

Note: There is no conflict of substance.

35,156 Section 156. 51.437 (4m) (m) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

51.437 (4m) (m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.53 (7), participate in an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

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

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

Note: There is no conflict of substance.

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

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

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

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

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

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

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

Note: Corrects numbering consistent with current style.

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

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

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

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

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

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

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

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

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

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

35,165 Section 165 . 59.08 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 201, section 482, and 1995 Wisconsin Act 225, section 177, is amended to read:

59.08 (7) (a) When publication of the consolidation agreement in each of the counties included in the agreement is completed, judges courts the judges of the circuit courts of those counties shall, by order entered of record in each of the counties, require the clerks of each of the counties to submit the question of the consolidation of the counties to a vote of the qualified electors of the counties.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 201 and 225.

35,166 Section 166 . 59.08 (10) of the statutes, as affected by 1995 Wisconsin Act 201, section 483, and 1995 Wisconsin Act 225, section 178, is amended to read:

59.08 (10) If a majority of the votes cast in each county upon the question of consolidation are in favor of the consolidation of the counties, the judge of the circuit courts for those counties court shall enter the that fact of record in each county. If in any one of the counties less than a majority of the votes cast upon the question of consolidation are in favor of the proposed consolidation, the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon the question of consolidation in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of the that county for a period of 2 years.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 201 and 225.

35,167 Section 167 . 59.10 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 100, is amended to read:

59.10 (2) (b) Election; term. Supervisors shall be elected for 4-year terms of at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms, and shall take office on the 3rd Monday in April following their election.

Note: The treatment of this provision by 1995 Wis. Act 201 rendered “of" surplusage.

35,168 Section 168 . The treatment of 59.15 of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 246, is not repealed by 1995 Wisconsin Act 225, section 136. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.15 by 1995 Wis. Act 201.

35,169 Section 169 . 59.20 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 201, section 251, and 1995 Wisconsin Act 225, section 145, is amended to read:

59.20 (3) (b) If any officer described in sub. (1) par. (a) neglects or refuses to comply with any of the provisions of this subsection, the officer shall forfeit $5 for each day that the noncompliance continues. Actions for the collection of a forfeiture under this subsection paragraph may be brought upon the complaint of the district attorney of the proper county or of any party aggrieved by the officer's refusal or neglect.

Note: Reconciles cross-references inserted by 1995 Wis. Act 225 with the renumbering of this provision by 1995 Wis. Act 201.

35,170 Section 170 . 59.21 (1) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 250, and 1995 Wisconsin Act 225, section 138, is amended to read:

59.21 (1) (c) Sheriff, not less than $5 $5,000 nor more than $25,000, with not less than 3 sureties.

Note: 1995 Wis. Acts 201 and 225 both replaced the word form of numbers with digits in this provision. Act 201 inserted $5 to replace “five"; and Act 225 inserted $5,000 to replace “five" — “$5,000" was intended.

35,171 Section 171 . The treatment of 59.21 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 250, is not repealed by 1995 Wisconsin Act 225, section 142. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.21 (2) by 1995 Wis. Act 201.

35,172 Section 172 . The treatment of 59.21 (3) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 250, is not repealed by 1995 Wisconsin Act 225, section 143. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.21 (3) by 1995 Wis. Act 201.

35,173 Section 173 . The treatment of 59.22 (1) (a) 1. of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 258, is not repealed by 1995 Wisconsin Act 225, section 146. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.22 (1) (a) 1. by 1995 Wis. Act 201.

35,174 Section 174 . 59.24 of the statutes, as affected by 1995 Wisconsin Act 201, section 265, is amended to read:

59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county which is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1. If the claims are approved by the department of corrections, they shall be certified to the department of administration and paid from the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of expenses involving a prisoner in a state prison named in s. 302.01, or from the appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses involving a child juvenile in a secured correctional facility, as defined in s. 938.02 (15m).

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.

35,175 Section 175 . 59.25 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 225, section 151, is amended to read:

59.25 (3) (c) Pay all county orders described in sub. (2) par. (b) in the order of time in which they are presented for payment; but where 2 or more are presented at the same time, give precedence to the order of the oldest date, but the treasurer shall receive of municipal treasurers all county orders issued in the county, which the town, city and village municipal treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any municipal the town, city or village treasurer in the year for which the orders are offered in payment, which amount shall be determined by the affidavit of the municipal town, city and village treasurer.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 201 and 225.

35,176 Section 176 . The treatment of 59.25 (3) (e) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 269, is not repealed by 1995 Wisconsin Act 408, section 1. Both treatments stand.

Note: There is no conflict of substance.

35,177 Section 177 . The treatments of 59.25 (3) (f) 2. of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 227, section 202, are not repealed by 1995 Wisconsin Act 448, section 60. All treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 59.25 (3) (f) 2. by 1995 Wisconsin Act 201.

35,178 Section 178 . 59.25 (3) (i) of the statutes, as affected by 1995 Wisconsin Act 201, section 269, and 1995 Wisconsin Act 225, section 153, is amended to read:

59.25 (3) (i) Make annually, on the 3rd Monday of March, a certified statement, and forward it the statement to each municipal clerk in the county, showing the amount of money paid from the county treasury during the year next preceding to each municipal treasurer in the county. The statement shall specify the date of each payment, the amount thereof and the account upon which the payment was made. It shall be unlawful for any county treasurer to pay to the treasurer of any town any money in the hands of the county treasurer belonging to the town from the 3rd Monday of March until 10 days after the annual town meeting except upon the written order of the town board.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 201 and 225.

35,179 Section 179 . 59.27 (5) of the statutes, as affected by 1995 Wisconsin Act 201, section 276, is amended to read:

59.27 (5) Deliver on demand to the sheriff's successor in office, when the sheriff's successor has qualified according to law, the jail and other property of the county and all prisoners in the jail, and all books, records, writs, processes, orders and other papers belonging to the sheriff's office and in the possession of the sheriff, undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery of these items the successor in office shall execute a receipt to the sheriff therefor.

Note: Through an error in transcribing 1991 Wis. Act 316, “a receipt" was inadvertently deleted. This language was included in 1995 Wis. Act 201. It is underscored in this bill to confirm that its presence is correct. 1995 Wis. Act 201 deleted “therefor" without showing it as stricken. A change was not intended.

35,180 Section 180 . 59.29 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 201, section 290, is amended to read:

59.29 (2) (a) In all cases where by the laws of this state the governor is authorized to demand of the executive authority of any other state any fugitive from justice or any person charged with a crime in this state and to appoint an agent to receive such person, and such person is apprehended in any other state by the sheriff or deputy sheriff of the county in this state where the warrant for such fugitive from justice is properly issued, or such crime was committed, and such person voluntarily returns with said sheriff to this state without requisition, such sheriff shall be entitled to $8 per day for the time necessarily expended in traveling to, apprehending and returning with such person and the sheriff's actual and necessary expenses for such time, which compensation and expenses shall be allowed by the board of such county upon the presentation thereto of an itemized and verified account, stating the number of days that the sheriff was engaged, the number of miles traveled and each item of expense incurred in rendering such services, including the transportation and board of the person in custody. No allowance whatever shall be made to the sheriff as mileage.

Note: Inserts “a" for improved readability.

35,181 Section 181 . 59.30 of the statutes, as affected by 1995 Wisconsin Act 201, section 286, is amended to read:

59.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or medical examiner shall appear or practice as an attorney in any court, draw or fill up any writ, pleading or proceeding for a party in any action, nor, with the intent to be employed in the collection of any demand or the service of any process, advise or counsel any person to commence an action or proceeding; and for violation of this section every such officer shall forfeit not more than $50.

Note: Inserts “an" for improved readability.

35,182 Section 182 . 59.34 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:

59.34 (1) (a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis and the officeholder shall be paid compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court or district attorney upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.

Note: Inserts “officeholder" for improved readability.

35,183 Section 183 . 59.35 (2) of the statutes, as affected by 1995 Wisconsin Act 201, section 306, is amended to read:

59.35 (2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the coroner's term of office, and after the death, resignation or removal from office of the coroner as well as before; and an action for any such default or misconduct may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of the coroner.

Note: The word “coroner's" was deleted by 1995 Wis. Act 201 without being stricken. No change was intended.

35,184 Section 184 . 59.38 (1) of the statutes, as affected by 1995 Wisconsin Act 201, section 302, is amended to read:

59.38 (1) Medical examiner, assistants; salaries; fees; report. The medical examiner and medical examiner's assistants authorized by the board shall be paid semimonthly out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the board. The medical examiner and medical examiner's assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the board of the county and to the treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer of the county all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner's assistant shall act as coroner in a nearby county when requested to do so under s. 59.34 (2) (b).