SB40-CSA1,828,24
22(2) Minors. In any situation under this chapter in which a minor has a right
23to be represented by counsel, counsel for the minor shall be appointed as provided
24in s. 48.23 (4).
SB40-CSA1,829,3
1(3) Retained counsel. Notwithstanding subs. (1) and (2), an individual subject
2to proceedings under this chapter is entitled to retain counsel of his or her own
3choosing at his or her own expense.
SB40-CSA1,829,14
551.605 Reimbursement for counsel provided by the state. (1) Inquiry. 6At or after the conclusion of a proceeding under this chapter in which the state public
7defender has provided counsel for an adult individual, the court may inquire as to
8the individual's ability to reimburse the state for the costs of representation. If the
9court determines that the individual is able to make reimbursement for all or part
10of the costs of representation, the court may order the individual to reimburse the
11state an amount not to exceed the maximum amount established by the public
12defender board under s. 977.075 (4). Upon the court's request, the state public
13defender shall conduct a determination of indigency under s. 977.07 and report the
14results of the determination to the court.
SB40-CSA1,829,21
15(2) Payment. Reimbursement ordered under this section shall be made to the
16clerk of courts of the county where the proceedings took place. The clerk of courts
17shall transmit payments under this section to the county treasurer, who shall deposit
1825 percent of the payment amount in the county treasury and transmit the
19remainder to the secretary of administration. Payments transmitted to the
20secretary of administration shall be deposited in the general fund and credited to the
21appropriation account under s. 20.550 (1) (L).
SB40-CSA1,829,25
22(3) Report. By January 31st of each year, the clerk of courts for each county
23shall report to the state public defender the total amount of reimbursements ordered
24under sub. (1) in the previous calendar year and the total amount of reimbursements
25paid to the clerk under sub. (2) in the previous year.
SB40-CSA1,830,52
51.62
(3m) Funding. From the appropriation under s. 20.435 (7) (md), the
3department
may not shall distribute
more than $75,000 in each fiscal year to the
4protection and advocacy agency for performance of community mental health
5protection and advocacy services.
SB40-CSA1,830,257
55.10
(4) (a)
Counsel; costs
. The individual sought to be protected has the right
8to counsel whether or not the individual is present at the hearing on the petition.
9The court shall require representation by full legal counsel whenever the petition
10alleges that the individual is not competent to refuse psychotropic medication under
11s. 55.14, the individual sought to be protected requested such representation at least
1272 hours before the hearing, the guardian ad litem or any other person states that
13the individual sought to be protected is opposed to the petition, or the court
14determines that the interests of justice require it. If the individual sought to be
15protected or any other person on his or her behalf requests but is unable to obtain
16legal counsel, the court shall
appoint refer the individual to the state public defender
17as provided under s. 55.105 for appointment of legal counsel.
Counsel shall be
18provided at public expense, as provided under s. 967.06 and ch. 977, if the individual
19is indigent. If the individual sought to be protected is an adult who is indigent, and
20if counsel was not appointed under s. 977.08, the county in which the hearing is held
21is liable for any fees due the individual's legal counsel. If the individual sought to
22be protected is represented by counsel appointed under s. 977.08 in a proceeding for
23the appointment of a guardian under
s. 880.33 ch. 54, the court shall order the
24counsel appointed under s. 977.08 to represent under this section the individual
25sought to be protected.
SB40-CSA1,831,6
255.105 Appointment of counsel. (1) In any situation under this chapter in
3which an adult individual has a right to be represented by legal counsel, the
4individual shall be referred as soon as practicable to the state public defender, who
5shall appoint counsel for the individual under s. 977.08 without a determination of
6indigency.
SB40-CSA1,831,9
7(2) In any situation under this chapter in which a minor has a right to be
8represented by legal counsel, legal counsel for the minor shall be appointed as
9provided in s. 48.23 (4).
SB40-CSA1,831,12
10(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings
11under this chapter is entitled to retain counsel of his or her own choosing at his or
12her own expense.
SB40-CSA1,831,23
1455.107 Reimbursement of counsel provided by the state. (1) At or after
15the conclusion of a proceeding under this chapter in which the state public defender
16has provided legal counsel for an adult individual, the court may inquire as to the
17individual's ability to reimburse the state for the costs of representation. If the court
18determines that the individual is able to make reimbursement for all or part of the
19costs of representation, the court may order the individual to reimburse the state an
20amount not to exceed the maximum amount established by the public defender board
21under s. 977.075 (4). Upon the court's request, the state public defender shall
22conduct a determination of indigency under s. 977.07 and report the results of the
23determination to the court.
SB40-CSA1,832,5
24(2) Reimbursement ordered under this section shall be made to the clerk of
25courts of the county where the proceedings took place. The clerk of courts shall
1transmit payments under this section to the county treasurer, who shall deposit 25
2percent of the payment amount in the county treasury and transmit the remainder
3to the secretary of administration. Payments transmitted to the secretary of
4administration shall be deposited in the general fund and credited to the
5appropriation account under s. 20.550 (1) (L).
SB40-CSA1,832,9
6(3) By January 31st of each year, the clerk of courts for each county shall report
7to the state public defender the total amount of reimbursements ordered under sub.
8(1) in the previous calendar year and the total amount of reimbursements paid to the
9clerk under sub. (2) in the previous year.
SB40-CSA1,833,711
55.135
(1) If,
upon a credible report to or, from personal observation of, or a
12reliable report made by a person who identifies himself or herself to, a sheriff, police
13officer, fire fighter, guardian, if any, or authorized representative of a county
14department or an agency with which it contracts under s. 55.02 (2), it appears
15probable that an individual is so totally incapable of providing for his or her own care
16or custody as to create a substantial risk of serious physical harm to himself or herself
17or others as a result of developmental disabilities, degenerative brain disorder,
18serious and persistent mental illness, or other like incapacities if not immediately
19placed, the individual
under this paragraph who received the credible report or who
20personally made the observation or to whom the report is made may take into custody
21and transport the individual to an appropriate medical or protective placement
22facility. The person making emergency protective placement shall prepare a
23statement at the time of detention providing specific factual information concerning
24the person's observations or reports made to the person and the basis for emergency
25placement. The statement shall be filed with the director of the facility and with any
1petition under s. 55.075. At the time of emergency protective placement the
2individual shall be informed by the director of the facility or the director's designee,
3orally and in writing, of his or her right to contact an attorney and a member of his
4or her immediate family and the right to have an attorney provided at public
5expense, as provided under
s. 967.06 and ch. 977, if the individual is a minor or is
6indigent s. 55.105. The director or designee shall also provide the individual with
7a copy of the statement by the person making emergency protective placement.
SB40-CSA1,833,129
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 provided under s. 55.105. A
11petition under this section shall be heard
under s. 55.10 (4) (a) s. 55.06 within 30 days
12after it is filed.
SB40-CSA1,833,1714
55.15
(7) (cm) The court shall
appoint counsel for refer the individual under
15protective placement
for appointment of legal counsel as provided under s. 55.105 if
16the individual, the individual's guardian ad litem, or anyone on the individual's
17behalf requests that counsel be appointed for the individual
,.
SB40-CSA1, s. 1842
18Section
1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:
SB40-CSA1,833,2219
55.18
(3) (c) (intro.) The court shall
order legal counsel for refer an individual
20and, if the individual appears to be indigent, refer him or her to the authority for
21indigency determinations under s. 977.07 (1) for appointment of legal counsel under
22s. 55.105 if any of the following apply:
SB40-CSA1, s. 1843
23Section
1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:
SB40-CSA1,834,224
55.19
(3) (c) (intro.) The court shall
order legal counsel for refer an individual
25and, if the individual appears to be indigent, refer him or her to the authority for
1indigency determinations under s. 977.07 (1) for appointment of legal counsel under
2s. 55.105 if any of the following apply:
SB40-CSA1,834,84
59.22
(2) (c) 2. No action of the board may be contrary to or in derogation of the
5rules of the department of
workforce development
children and families under s.
649.78 (4) to (7) relating to employees administering old-age assistance, aid to
7families with dependent children, aid to the blind, or aid to totally and permanently
8disabled persons or ss. 63.01 to 63.17.
SB40-CSA1,834,1410
59.40
(2) (p) Cooperate with the department of
workforce development children
11and families with respect to the child and spousal support and establishment of
12paternity and medical support liability program under ss. 49.22 and 59.53 (5), and
13provide that department with any information from court records which it requires
14to administer that program.
SB40-CSA1,835,216
59.52
(4) (a) 18. Case records and other record material of all public assistance
17that are kept as required under ch. 49, if no payments have been made for at least
183 years and if a face sheet or similar record of each case and a financial record of all
19payments for each aid account are preserved in accordance with rules adopted by the
20department of health and family services or by the department of
workforce
21development children and families. If the department of health and family services
22or the department of
workforce development children and families has preserved
23such case records and other record material on computer disc or tape or similar
24device, a county may destroy the original records and record material under rules
1adopted by the department that has preserved those case records or other record
2material.
SB40-CSA1,835,54
59.53
(3) Community action agencies. The board may appropriate funds for
5promoting and assisting any community action agency under s.
46.30 49.265.
SB40-CSA1,835,227
59.53
(5) (a) The board shall contract with the department of
workforce
8development children and families to implement and administer the child and
9spousal support and establishment of paternity and the medical support liability
10programs provided for by Title IV of the federal social security act. The board may
11designate by board resolution any office, officer, board, department
, or agency, except
12the clerk of circuit court, as the county child support agency. The board or county
13child support agency shall implement and administer the programs in accordance
14with the contract with the department of
workforce development children and
15families. The attorneys responsible for support enforcement under sub. (6) (a),
16circuit court commissioners
, and all other county officials shall cooperate with the
17county and the department of
workforce development
children and families as
18necessary to provide the services required under the programs. The county shall
19charge the fee established by the department of
workforce development children and
20families under s. 49.22 for services provided under this paragraph to persons not
21receiving benefits under s. 49.148 or 49.155 or assistance under s.
46.261 48.645,
2249.19
, or 49.47.
SB40-CSA1, s. 1849
23Section
1849
. 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act
24.... (this act), is amended to read:
SB40-CSA1,836,15
159.53
(5) (a) The board shall contract with the department of children and
2families to implement and administer the child and spousal support and
3establishment of paternity and the medical support liability programs provided for
4by Title IV of the federal social security act. The board may designate by board
5resolution any office, officer, board, department or agency, except the clerk of circuit
6court, as the county child support agency. The board or county child support agency
7shall implement and administer the programs in accordance with the contract with
8the department of children and families. The attorneys responsible for support
9enforcement under sub. (6) (a), circuit court commissioners and all other county
10officials shall cooperate with the county and the department of children and families
11as necessary to provide the services required under the programs. The county shall
12charge the fee established by the department of children and families under s. 49.22
13for services provided under this paragraph to persons not receiving benefits under
14s. 49.148 or 49.155 or assistance under s. 48.645, 49.19,
or 49.46, 49.465, 49.47
,
1549.471, or 49.472.
SB40-CSA1,837,217
59.53
(5) (b) The county child support agency under par. (a) shall electronically
18enter into the statewide data system related to child and spousal support payments
19that is operated by the department of
workforce development children and families 20the terms of any order made or judgment granted in the circuit court of the county
21requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s.
22767.57 (1) to be paid to the department of
workforce development children and
23families or its designee. The county child support agency shall enter the terms of any
24such order or judgment within the time required by federal law and shall enter
1revisions ordered by the court to any order or judgment the terms of which are
2maintained on the data system.
SB40-CSA1,837,54
59.58
(6) (cg) 3. The authority may not use any revenues received under subd.
51. for lobbying activities or to contract for lobbying services.
SB40-CSA1,837,127
59.69
(15) Community and other living arrangements. (intro.) For purposes
8of this section, the location of a community living arrangement
for adults, as defined
9in s. 46.03 (22),
a community living arrangement for children, as defined in s. 48.743
10(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
11s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality,
12shall be subject to the following criteria:
SB40-CSA1,837,1914
59.69
(15) (c)
Where If the community living arrangement has capacity for 8
15or fewer persons being served by the program, meets the criteria listed in pars. (a)
16and (b), and is licensed, operated
, or permitted under the authority of the department
17of health and family services
or the department of children and families, that facility
18is entitled to locate in any residential zone, without being required to obtain special
19zoning permission except as provided in par. (i).
SB40-CSA1,838,421
59.69
(15) (d)
Where If the community living arrangement has capacity for 9
22to 15 persons being served by the program, meets the criteria listed in pars. (a) and
23(b), and is licensed, or operated
, or permitted under the authority of the department
24of health and family services
or the department of children and families, the facility
25is entitled to locate in any residential area except areas zoned exclusively for
1single-family or 2-family residences, except as provided in par. (i), but is entitled to
2apply for special zoning permission to locate in those areas. The municipality may
3grant special zoning permission at its discretion and shall make a procedure
4available to enable such facilities to request such permission.
SB40-CSA1,838,126
59.69
(15) (e)
Where If the community living arrangement has capacity for
7serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is
8licensed, operated
, or permitted under the authority of the department of health and
9family services
or the department of children and families, that facility is entitled to
10apply for special zoning permission to locate in areas zoned for residential use. The
11municipality may grant special zoning permission at its discretion and shall make
12a procedure available to enable such facilities to request such permission.
SB40-CSA1,838,2114
59.69
(15) (f) The department of health and family services shall designate a
15single subunit within
the that department to maintain appropriate records
16indicating the location and the capacity of each community living arrangement
for
17adults, and the information shall be available to the public.
The department of
18children and families shall designate a single subunit within that department to
19maintain appropriate records indicating the location and the capacity of each
20community living arrangement for children, and the information shall be available
21to the public.
SB40-CSA1,838,2523
59.69
(15) (h) The attorney general shall take action, upon the request of the
24department of health and family services
or the department of children and families,
25to enforce compliance with this subsection.
SB40-CSA1,839,132
60.37
(4) (a) An elected town officer
, other than a town clerk, a town treasurer,
3or an officer serving in a combined office of town clerk and town treasurer, who also
4serves as a town employee may be paid an hourly wage for serving as a town
5employee, not exceeding a total of $5,000 each year.
An elected town officer, who is
6a town clerk, a town treasurer, or an officer serving in a combined office of town clerk
7and town treasurer, who also serves as a town employee may be paid an hourly wage
8for serving as a town employee, not exceeding a total of $15,000 each year. Amounts
9that are paid under this paragraph may be paid in addition to any amount that an
10individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical
11technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this
12paragraph includes amounts paid to a town board supervisor who is acting as
13superintendent of highways under s. 82.03 (1).
SB40-CSA1,839,20
1560.63 Community and other living arrangements. (intro.) For purposes
16of s. 60.61, the location of a community living arrangement
for adults, as defined in
17s. 46.03 (22),
a community living arrangement for children, as defined in s. 48.743
18(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
19s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any town shall
20be subject to the following criteria:
SB40-CSA1,840,322
60.63
(4) If the community living arrangement has capacity for 8 or fewer
23persons being served by the program, meets the criteria listed in subs. (1) and (2),
24and is licensed, operated
, or permitted under the authority of the department of
25health and family services
or the department of children and families, the
1community living arrangement is entitled to locate in any residential zone, without
2being required to obtain special zoning permission except as provided under sub.
3(10).
SB40-CSA1,840,135
60.63
(5) In all cases where the community living arrangement has capacity
6for 9 to 15 persons being served by the program, meets the criteria listed in subs. (1)
7and (2), and is licensed, operated
, or permitted under the authority of the department
8of health and family services
or the department of children and families, that facility
9is entitled to locate in any residential area except areas zoned exclusively for
10single-family or 2-family residences except as provided in sub. (10), but is entitled
11to apply for special zoning permission to locate in those areas. The town may grant
12such special zoning permission at its discretion and shall make a procedure available
13to enable such facilities to request such permission.
SB40-CSA1,840,2115
60.63
(6) In all cases where the community living arrangement has capacity
16for serving 16 or more persons, meets the criteria listed in subs. (1) and (2), and is
17licensed, operated
, or permitted under the authority of the department of health and
18family services
or the department of children and families, that facility is entitled to
19apply for special zoning permission to locate in areas zoned for residential use. The
20town may grant such special zoning permission at its discretion and shall make a
21procedure available to enable such facilities to request such permission.
SB40-CSA1,841,423
60.63
(7) The department of health and family services shall designate a single
24subunit within
the that department to maintain appropriate records indicating the
25location and the capacity of each community living arrangement
for adults, and such
1information shall be available to the public.
The department of children and families
2shall designate a single subunit within that department to maintain appropriate
3records indicating the location and the capacity of each community living
4arrangement for children, and such information shall be available to the public.
SB40-CSA1,841,86
60.63
(9) The attorney general shall take all necessary action, upon the request
7of the department of health and family services
or the department of children and
8families, to enforce compliance with this section.
SB40-CSA1,842,210
62.13
(5) (i) Any person suspended, reduced, suspended and reduced, or
11removed by the board may appeal from the order of the board to the circuit court by
12serving written notice of the appeal on the secretary of the board within 10 days after
13the order is filed. Within 5 days after receiving written notice of the appeal, the board
14shall certify to the clerk of the circuit court the record of the proceedings, including
15all documents, testimony and minutes. The action shall then be at issue and shall
16have precedence over any other cause of a different nature pending in the court,
17which shall always be open to the trial thereof. The court shall upon application of
18the accused or of the board fix a date of trial, which shall not be later than 15 days
19after such application except by agreement. The trial shall be by the court and upon
20the return of the board, except that the court may require further return or the taking
21and return of further evidence by the board. The question to be determined by the
22court shall be: Upon the evidence is there just cause, as described under par. (em),
23to sustain the charges against the accused? No costs shall be allowed either party and
24the clerk's fees shall be paid by the city. If the order of the board is reversed, the
25accused shall be forthwith reinstated and entitled to pay as though in continuous
1service. If the order of the board
relating to a police officer is sustained it shall be
2final and conclusive.
SB40-CSA1, s. 1868
3Section
1868. 62.23 (7) (i) (intro.) of the statutes is amended to read:
SB40-CSA1,842,94
62.23
(7) (i)
Community and other living arrangements. (intro.) For purposes
5of this section, the location of a community living arrangement
for adults, as defined
6in s. 46.03 (22),
a community living arrangement for children, as defined in s. 48.743
7(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
8s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city shall be
9subject to the following criteria:
SB40-CSA1,842,1611
62.23
(7) (i) 3. In all cases where the community living arrangement has
12capacity for 8 or fewer persons being served by the program, meets the criteria listed
13in subds. 1. and 2., and is licensed, operated
, or permitted under the authority of the
14department of health and family services
or the department of children and families,
15that facility is entitled to locate in any residential zone, without being required to
16obtain special zoning permission except as provided in subd. 9.
SB40-CSA1,843,218
62.23
(7) (i) 4. In all cases where the community living arrangement has
19capacity for 9 to 15 persons being served by the program, meets the criteria listed in
20subds. 1. and 2., and is licensed, operated
, or permitted under the authority of the
21department of health and family services
or the department of children and families,
22that facility is entitled to locate in any residential area except areas zoned exclusively
23for single-family or 2-family residences except as provided in subd. 9., but is entitled
24to apply for special zoning permission to locate in those areas. The city may grant
1such special zoning permission at its discretion and shall make a procedure available
2to enable such facilities to request such permission.
SB40-CSA1,843,114
62.23
(7) (i) 5. In all cases where the community living arrangement has
5capacity for serving 16 or more persons, meets the criteria listed in subds. 1. and 2.,
6and is licensed, operated
, or permitted under the authority of the department of
7health and family services
or the department of children and families, that facility
8is entitled to apply for special zoning permission to locate in areas zoned for
9residential use. The city may grant such special zoning permission at its discretion
10and shall make a procedure available to enable such facilities to request such
11permission.
SB40-CSA1,843,2013
62.23
(7) (i) 6. The department of health and family services shall designate
14a single subunit within
the that department to maintain appropriate records
15indicating the location and number of persons served by each community living
16arrangement
for adults, and such information shall be available to the public.
The
17department of children and families shall designate a single subunit within that
18department to maintain appropriate records indicating the location and number of
19persons served by each community living arrangement for children, and such
20information shall be available to the public.
SB40-CSA1,843,2422
62.23
(7) (i) 8. The attorney general shall take all necessary action, upon the
23request of the department of health and family services
or the department of children
24and families, to enforce compliance with this paragraph.
SB40-CSA1,844,4
166.0137
(3) Health insurance for unemployed persons. Any city, village,
2town
, or county may purchase health or dental insurance for unemployed persons
3residing in the city, village, town
, or county who are not eligible for medical
4assistance under s. 49.46, 49.468
or, 49.47
, or 49.471 (4) (a) or (b).
SB40-CSA1,844,116
66.0203
(11) Town of Ledgeview in Brown County may become a village. (a)
7The town of Ledgeview, in Brown County, may become a village if the town holds, and
8approves, an incorporation referendum as described in s. 66.0211 (3). None of the
9other procedures contained in ss. 66.0201 to 66.0213 need to be fulfilled, and no
10approval by the department's incorporation review board under s. 66.0207 is
11necessary for the town to become a village.
SB40-CSA1,844,1512
(b) The town of Ledgeview, in Brown County, shall enter into a boundary
13agreement with the city of De Pere, under s. 66.0307, except that the agreement need
14not be completed before the town holds a referendum on incorporation, as described
15in s. 66.0211 (3).