1999 Wisconsin Act 83

(3m) (title) Revenues and expenditures; reports.

(4) (title) Transfers and discharges.

Note: The remaining subsections of s. 51.05 have titles.

83,110 Section 110. 51.20 (2) of the statutes is renumbered 51.20 (2) (a) and amended to read:

51.20 (2) (a) Upon the filing of a petition for examination, the court shall review the petition to determine whether an order of detention should be issued. The subject individual shall be detained only if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and the individual is eligible for commitment under sub. (1) (a) or (am) based upon specific recent overt acts, attempts or threats to act or on a pattern of recent acts or omissions made by the individual.

(b) If the subject individual is to be detained, a law enforcement officer shall present the subject individual with a notice of hearing, a copy of the petition and detention order and a written statement of the individual's right to an attorney, a jury trial if requested more than 48 hours prior to the final hearing, the standard upon which he or she may be committed under this section and the right to a hearing to determine probable cause for commitment within 72 hours after the individual arrives at the facility, excluding Saturdays, Sundays and legal holidays. The officer shall orally inform the individual that he or she is being taken into custody as the result of a petition and detention order issued under this chapter. If the individual is not to be detained, the law enforcement officer shall serve these documents on the subject individual and shall also orally inform the individual of these rights. The individual who is the subject of the petition, his or her counsel and, if the individual is a minor, his or her parent or guardian, if known, shall receive notice of all proceedings under this section. The court may also designate other persons to receive notices of hearings and rights under this chapter. Any such notice may be given by telephone. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke. The notice of time and place of a hearing shall be served personally on the subject of the petition, and his or her attorney, within a reasonable time prior to the hearing to determine probable cause for commitment.

(c) If the law enforcement officer has a detention order issued by a court, or if the law enforcement officer has cause to believe that the subject individual is mentally ill, drug dependent or developmentally disabled and is eligible for commitment under sub. (1) (a) or (am), based upon specific recent overt acts, attempts or threats to act or on a pattern of omissions made by the individual, the law enforcement officer shall take the subject individual into custody. If the individual is detained by a law enforcement officer, the individual shall be orally informed of his or her rights under this section on arrival at the detention facility by the facility staff, who shall also serve all documents required by this section on the individual.

(d) Placement shall be made in a hospital which that is approved by the department as a detention facility or under contract with a county department under s. 51.42 or 51.437, approved public treatment facility, mental health institute, center for the developmentally disabled under the requirements of s. 51.06 (3), state treatment facility, or in an approved private treatment facility if the facility agrees to detain the subject individual. Upon arrival at the facility, the individual is deemed considered to be in the custody of the facility.

Note: Subdivides long provision for improved readability. Replaces disfavored term.

83,111 Section 111. 51.20 (9) (a) of the statutes is renumbered 51.20 (9) (a) 1. and amended to read:

51.20 (9) (a) 1. If the court finds after the hearing that there is probable cause to believe the allegations under sub. (1), it shall appoint 2 licensed physicians specializing in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed physicians one of whom shall have specialized training in psychiatry, if available, or 2 physicians, to personally examine the subject individual. Such The examiners shall have the specialized knowledge determined by the court to be appropriate to the needs of the subject individual. The examiners may not be related to the subject individual by blood or marriage and may not have any interest in his or her property.

2. One of the examiners appointed under subd. 1. may be selected by the subject individual if such person the subject individual makes his or her selection known to the court within 24 hours after completion of the hearing to determine probable cause for commitment. The court may deny the subject individual's selection if the examiner does not meet the requirements of this paragraph subd. 1. or such person the subject individual's selection is not available.

3. If requested by the subject individual, the individual's attorney or any other interested party with court permission, the individual has a right at his or her own expense or, if indigent and with approval of the court hearing the petition, at the reasonable expense of the individual's county of legal residence, to secure an additional medical or psychological examination, and to offer the evaluator's personal testimony, as evidence at the hearing. The examiners may not be related to the subject individual by blood or marriage, and may have no interest in his or her property.

4. Prior to the examination, the subject individual shall be informed that his or her statements can be used as a basis for commitment and, that he or she has the right to remain silent, and that the examiner is required to make a report to the court even if the subject individual remains silent. A written report shall be made of all such examinations and filed with the court. The issuance of such a warning to the subject individual prior to each examination establishes a presumption that the individual understands that he or she need not speak to the examiner.

5. The examiners shall personally observe and examine the subject individual at any suitable place and satisfy themselves, if reasonably possible, as to the individual's mental condition, and shall make independent reports to the court. The subject individual's treatment records shall be available to the examiners. If the subject individual is not detained pending the hearing, the court shall designate the time and place where the examination is to be held and shall require the individual's appearance. A written report shall be made of all such examinations and filed with the court. The report and testimony, if any, by the examiners shall be based on beliefs to a reasonable degree of medical certainty, or professional certainty if an examiner is a psychologist, in regard to the existence of the conditions described in sub. (1), and the appropriateness of various treatment modalities or facilities. If the examiners are unable to make conclusions to a reasonable degree of medical or professional certainty, the examiners shall so state in their report and testimony, if any.

Note: Subdivides long provision and reorders text for improved readability.

83,112 Section 112. 59.22 (2) (a) of the statutes is amended to read:

59.22 (2) (a) The Except for elective offices included under sub. (1), supervisors and circuit judges, the board has the powers set forth in this subsection, sub. (3) and s. 59.03 (1) as to any office, department, board, commission, committee, position or employe in county service (other than elective offices included under sub. (1), supervisors and circuit judges) created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language.

Note: Reorders text for more logical placement and to eliminate parentheses.

83,113 Section 113. 59.22 (2) (c) of the statutes is renumbered 59.22 (2) (c) 1. (intro.) and amended to read:

59.22 (2) (c) 1. (intro.) The Except as provided in subd. 2. and par. (d), the board may provide do any of the following:

a. Provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers that is subject to sub. (1) without regard to the tenure of the incumbent (except as provided in par. (d)) and also establish .

b. Establish the number of employes in any department or office including deputies to elective officers, and may establish.

c. Establish regulations of employment for any person paid from the county treasury, but no.

2. No action of the board shall may be contrary to or in derogation of the rules and regulations of the department of health and family services under s. 49.33 (4) to (7) relating to employes administering old-age assistance, aid to families with dependent children, aid to the blind and aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

Note: Subdivides provision and reorders text for more logical placement and to eliminate parentheses. Deletes "and regulations" as unnecessary. Departments are authorized to promulgate administrative rules, not regulations. Replaces improperly used "shall".

83,114 Section 114. 59.52 (11) (d) of the statutes is amended to read:

59.52 (11) (d) Bonds of officers and employes. Provide for the protection of the county and public against loss or damage resulting from the act, neglect or default of county officers, department heads and employes and may contract for and procure bonds or contracts of insurance to accomplish that purpose either from commercial companies or by self-insurance created by setting up an annual fund for such purpose or by a combination thereof. Any number of officers, department heads or employes not otherwise required by statute to furnish an official bond may be combined in a schedule or blanket bond or contract of insurance. So far as applicable ss. 19.01 (2), (2m), (3), (4) (d) and (dd) (dm) and (4m) and 19.07 shall apply to such the bonds or contracts of insurance. The bond shall be for a definite period, and each . Each renewal thereof of the bond shall constitute a new bond for the principal amount covering the renewal period.

Note: Reflects treatment of s. 19.01 (4) (d) and (dd) by this bill.

83,115 Section 115. 59.57 (2) (c) 2. and 3. of the statutes are amended to read:

59.57 (2) (c) 2. "Industrial development agency" or "agency" means a public body corporate and politic created under this subsection, which agency shall have the characteristics and powers described in this subsection;.

3. "Industrial development project" means any site, structure, facility or undertaking comprising or being connected with or being a part of an industrial or manufacturing enterprise established or to be established by an industrial development agency;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,116 Section 116. 59.79 (9) (title) of the statutes is renumbered 59.792 (title) and amended to read:

59.792 (title) Sewage Milwaukee County; sewage, waste, refuse.

Note: Section 59.97 (9) is moved to a separate section in order to subdivide this long provision and to revise its structure to conform more closely with current style. See the next 4 Sections of this bill.

83,117 Section 117. 59.79 (9) (a) of the statutes is renumbered 59.792 (2) and amended to read:

59.792 (2) Provide The county's board may provide for the transmission and disposal of sewage from any of the county buildings, and for such purpose. The county shall after October 1, 1965, annually pay to the municipality in which the buildings are situated for the transmission and disposal of sewage, such its proportion of the expense of the transmission and disposal of the sewage by the municipality, as certified under s. 66.91 (5), to any such municipality; such. The county's proportionate expense to shall be determined by the ratio which that the amount of sewage contributed by any such county buildings may bear bears to the total amount of sewage contributed by any such the municipality to such the sewage system; but each. Each municipality in which county buildings are located, if payment is to be made, shall provide and furnish meters to determine the amount of sewage so contributed. This paragraph subsection shall not apply to user charges billed to the county under s. 66.912.

Note: Deletes obsolete transition provision and reorganizes text and breaks up long sentence for improved readability and conformity with current style. See also the note to the previous section of this bill.

83,118 Section 118. 59.79 (9) (b) of the statutes is renumbered 59.792 (3) (a) 1. and amended to read:

59.792 (3) (a) 1. Engage in the function of the destruction or disposal of waste by providing dumpage facilities; acquire.

2. Acquire lands by purchase, lease, donation or right of eminent domain within such the county and use the lands as dumpage sites for depositing, salvaging, processing, burning or otherwise disposing of the waste , and acquire.

3. Acquire land by purchase, lease or donation outside such the county for said purposes described in subd. 2. where state and local regulations permit; construct .

4. Construct and equip incinerators and other structures to be used for disposal of waste; maintain.

5. Maintain, control and operate dumpage sites; maintain.

6. Maintain, control and operate incinerators for burning such materials; utilize waste.

7. Utilize or dispose of by sale or otherwise heat or power reclaimed from incinerator facilities; sell.

8. Sell all salvageable waste materials and by-products; levy.

9. Levy a tax to create a working capital fund to maintain and operate dumpage facilities, construct, equip and operate incinerators and other structures for disposal of wastes; charge.

10. Charge or assess reasonable fees to persons making use of such sites, incinerators or other structures for the disposal of waste; make.

11. Make charges approximately commensurate with the cost of services rendered to any municipality using the county waste disposal facilities; authorize.

12. Authorize payment to any municipality, in which county waste disposal facilities, including incinerators, are located, to cover the reasonable cost of fire fighting services rendered to such the county when the occasion demands such fire fighting service; contract is required.

13. Contract with private collectors and municipalities and transporters to receive and dispose of waste other than garbage at dumpage and incinerator sites; levy.

14. Levy taxes to provide funds to acquire sites and to construct and equip incinerators and other structures for disposal of wastes; enact.

15. Enact and enforce ordinances, and adopt and enforce rules and regulations, necessary for the orderly conduct of providing such dumpage facilities and services and provide forfeitures for the violation thereof.

(b) The charges for waste disposal services shall be determined by the board and shall include a reasonable charge for depreciation. In the determination of the charges the board shall give full consideration to any fees directly collected for the service. Waste disposal charges shall be apportioned under s. 70.63 to the respective municipalities receiving the service. The depreciation charges shall create a reserve for future capital outlays for waste disposal facilities.

(c) Before acquiring in such county any site in the county to be used for dumping or the erection of an incinerator or other structure for the disposal of waste, a public hearing shall be held in the county following notice of hearing by publication as a class 3 notice, under ch. 985. The term "waste" as used in this paragraph includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

(d) The powers conferred by this paragraph subsection are declared to be necessary to the preservation of the public health, welfare and convenience of the county.

Note: The definition of "waste" is relocated to the beginning of the section in conformity with current style by the next section of this bill. Breaks up long sentence and subdivides provision for improved readability and conformity with current style. See also the previous 2 sections of this bill.

83,119 Section 119. 59.792 (1) of the statutes is created to read:

59.792 (1) In this section:

(a) "County" means a county with a population of 500,000 or more.

(b) "Waste" includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

Note: "County" is made a defined term for clarity. The definition of "waste" is relocated from within the text of the provision for conformity with current style. See also the previous 3 sections of this bill.

83,120 Section 120. 59.792 (3) (a) (intro.) of the statutes is created to read:

59.792 (3) (a) (intro.) The county's board may do any of the following:

Note: The renumbering of s. 59.72 (9) (b) to s. 59.792 (3) (a) 1. by this bill necessitates the creation of this (intro.) paragraph.

83,121 Section 121. 59.84 (2) (d) 5. of the statutes is amended to read:

59.84 (2) (d) 5. Whenever, before actual expressway project construction, a saving is shown to be probable in the cost of constructing a proposed new municipal or privately owned public utility (, which, if presently installed in a public way in a proposed normal manner, would ultimately be interfered with by expressway construction) , by initially constructing the municipal or privately owned public utility in other than a normal manner to accommodate future expressway construction, in order to effect savings by avoiding reconstruction and relocating at a later date, the board may contract with the municipal government or utility company involved for the construction of the public utility in such other than normal manner and to pay to it the municipal government or utility company the portion of the cost of the special construction in excess of the cost if constructed in the proposed normal manner. Funds for such purpose, the funds for which may be taken from the land acquisition fund authorized in subd. 2.

Note: Replaces parentheses and inserts specific reference for improved readability and conformity with current style.

83,122 Section 122. 67.03 (1) (intro.) and (b) of the statutes are consolidated, renumbered 67.03 (1) (a) and amended to read:

67.03 (1) (a) Except as provided in s. 67.01 (9), municipalities may borrow money and issue municipal obligations therefor only for the purposes and by the procedure specified in this chapter. The aggregate amount of indebtedness, including existing indebtedness, of any municipality shall not exceed 5% of the value of the taxable property located therein in the municipality as equalized for state purposes except as follows: (b) For that the aggregate amount of indebtedness of any school district which that offers no less than grades 1 to 12 and which that at the time of incurring such the debt is eligible to receive state aid under s. 121.08, shall not exceed 10% of such the equalized value shall be permitted of the taxable property located in the school district.

(b) Any school district about to incur indebtedness may apply to the state superintendent of public instruction for, and the state superintendent may issue, a certificate as to the eligibility of the school district to receive state aid under s. 121.08, which certificate shall be conclusive as to such eligibility for 30 days, but not beyond the next June 30.

Note: Renumbers provision to eliminate improper use of the (intro.) paragraph and replaces disfavored terms.

83,123 Section 123. 70.77 (1) of the statutes is renumbered 70.77.

Note: Deletes unnecessary subsection number. Section 70.77 is not divided into subsections.

83,124 Section 124. 77.51 (4) (b) 1. of the statutes is amended to read:

77.51 (4) (b) 1. Cash or term discounts allowed and taken on sales;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,125 Section 125. 77.51 (15) (a) 1., 2. and 3. of the statutes are amended to read:

77.51 (15) (a) 1. The cost of the property sold;.

2. The cost of the materials used, labor or service cost, losses or any other expenses;.

3. The cost of transportation of the property prior to its purchase;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,126 Section 126. 77.51 (15) (b) 1. and 2. of the statutes are amended to read:

77.51 (15) (b) 1. Cash discounts allowed and taken on sales;.

2. The amount charged for property returned by customers when that entire amount is refunded either in cash or in credit;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,127 Section 127. 77.52 (18) (intro.) and (a) of the statutes are renumbered 77.52 (18) (am) and (bm).