AB150: Bill Text Engrossed

AB150-engrossed, s. 3270m Section 3270m. 51.62 (3m) of the statutes is created to read:

AB150-engrossed,1069,23 51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the department shall distribute $75,000 in each fiscal year to the protection and advocacy agency for performance of community mental health protection and advocacy services.

AB150-engrossed, s. 3271 Section 3271. 55.06 (8) (intro.) of the statutes is amended to read:

AB150-engrossed,1070,18 55.06 (8) (intro.)  Before ordering the protective placement of any individual, the court shall direct a comprehensive evaluation of the person in need of placement, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for placement. The board designated under s. 55.02 or an agency designated by it shall cooperate with the court in securing available resources. Where applicable by reason of the particular disability, the appropriate board designated under s. 55.02 or an agency designated by it having responsibility for the place of legal residence of the individual as provided in s. 49.01 (8g) 49.001 (6) shall make a recommendation for placement. If the court is considering placement of the individual in a center for the developmentally disabled, the court shall request a statement from the department regarding whether the placement is appropriate for the person's needs and whether it is consistent with the purpose of the center under s. 51.06 (1) unless testimony was provided by the department under sub. (5). A copy of the comprehensive evaluation shall be provided to the guardian, the guardian ad litem, and to the individual or attorney at least 96 hours in advance of the hearing to determine placement. The court or the cooperating agency obtaining the evaluation shall request appropriate information which shall include at least the following:

AB150-engrossed, s. 3274s Section 3274s. 59.07 (97) of the statutes is amended to read:

AB150-engrossed,1071,8 59.07 (97) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services revenue to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and social services revenue. The attorneys responsible for support enforcement under s. 59.458 (1), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of revenue as necessary to provide the services required under the programs. The county shall charge the fee established by the department of revenue under s. 46.25 73.25 for services provided under this subsection to persons not receiving assistance under s. 49.19 or 49.47.

AB150-engrossed, s. 3275 Section 3275. 59.07 (98) of the statutes is amended to read:

AB150-engrossed,1071,14 59.07 (98) Emergency energy relief. Regardless of the type of general relief system used within whether a county operates a relief program under sub. (154), appropriate money for making payments to individuals or providing grants to community action agencies, cities, villages and towns to assist persons and families in the purchase of emergency energy supplies.

AB150-engrossed, s. 3276 Section 3276. 59.07 (109) of the statutes is amended to read:

AB150-engrossed,1071,19 59.07 (109) Public assistance; false representation. Enact and enforce an ordinance to prohibit conduct that is the same as or similar to conduct that is prohibited by s. 49.12 49.95 (1) and provide a forfeiture for a violation of the ordinance.

AB150-engrossed, s. 3277 Section 3277. 59.07 (153) (a) of the statutes is amended to read:

AB150-engrossed,1072,5 59.07 (153) (a) In counties having a population of 500,000 or more, determine policy for the operation, maintenance and improvement of the county hospital under s. 49.16 (2) 49.71 (2) and, notwithstanding the powers and duties specified under s. 46.21 (2) (k), (3r) and (6) with respect to the county hospital and the administrator and specified under s. 46.21 (2) (b), (L), (m), (n), (nm), (o), (p) and (q) and (3g), provide for the management of the county hospital as the board considers appropriate, except that the employe positions at the hospital will be county employe positions. If the board acts under this subsection, the board may not discontinue operation, maintenance and improvement of the county hospital under s. 49.16 49.71 (2) and shall exercise the duties under s. 46.21 (4m).

AB150-engrossed, s. 3278 Section 3278. 59.07 (153) (b) of the statutes is amended to read:

AB150-engrossed,1072,8 59.07 (153) (b) This subsection does not apply if the board acts under s. 46.21 with respect to the county hospital under s. 49.16 (2) 49.71 (2).

AB150-engrossed, s. 3279 Section 3279. 59.07 (154) of the statutes is created to read:

AB150-engrossed,1072,17 59.07 (154) Operation of relief programs. Operate a program of relief to dependent persons residing in a county. The program may provide dependent persons with such services, commodities or money as the county determines to be reasonable and necessary under the circumstances. The program may include work components. The county may enact any ordinances necessary or useful to the operation of a relief program under this subsection. Counties may use vehicle registration information from the department of transportation in determining eligibility for relief programs under this subsection.

AB150-engrossed, s. 3279g Section 3279g. 59.07 (155) of the statutes is created to read:

AB150-engrossed,1072,21 59.07 (155) Collection of court imposed penalties. Adopt a resolution authorizing the clerk of circuit court, under s. 59.396, to contract with a collection agency for the collection of unpaid fines and forfeitures.

AB150-engrossed, s. 3280 Section 3280. 59.145 (title) of the statutes is amended to read:

AB150-engrossed,1072,23 59.145 (title) Optical disk and electronic storage.

AB150-engrossed, s. 3281 Section 3281. 59.145 (1) of the statutes is amended to read:

AB150-engrossed,1073,7 59.145 (1) Upon request of any office, department, commission, board or agency of the county, the board may authorize any county record that is in the custody of the office, department, commission, board or agency to be transferred to, or maintained in, optical disk or electronic storage in accordance with rules of the department of administration under s. 16.612. The board may thereafter authorize destruction of the original record, if appropriate, in accordance with ss. 16.61 (3) (e), 19.21 (5) and 59.715 to 59.717 unless preservation is required by law.

AB150-engrossed, s. 3282 Section 3282. 59.145 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,1073,11 59.145 (2) (intro.)  Any copy of a county record generated from optical imaging or electronic formatting of an original record is deemed an original record if all of the following conditions are met:

AB150-engrossed, s. 3283 Section 3283. 59.145 (2) (a) of the statutes is amended to read:

AB150-engrossed,1073,15 59.145 (2) (a) The devices used to transform the record to optical disk or electronic format and to generate a copy of the record from optical disk or electronic format are ones which accurately reproduce the content of the original.

AB150-engrossed, s. 3284 Section 3284. 59.145 (2) (b) of the statutes is amended to read:

AB150-engrossed,1073,20 59.145 (2) (b) The optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by the rule of the department of administration under s. 16.612.

AB150-engrossed, s. 3285 Section 3285. 59.145 (2) (d) of the statutes is amended to read:

AB150-engrossed,1074,2 59.145 (2) (d) The legal custodian of the record executes a statement of intent and purpose describing the record to be transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and transferred to optical disk or electronic format in the normal course of business and that the statement of intent and purpose is properly recorded in his or her office.

AB150-engrossed, s. 3286 Section 3286. 59.145 (4) of the statutes is amended to read:

AB150-engrossed,1074,14 59.145 (4) A copy of a record generated from an original record stored on an optical disk or in electronic format which conforms with the standards prescribed under sub. (2) shall be taken as and stand in lieu of and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification or certified copy of such a record so generated, for the purposes specified in this subsection, is deemed to be a transcript, exemplification or certified copy of the original. An enlarged copy of any record so generated, made in accordance with the standards prescribed under sub. (2) and certified by the custodian as provided in s. 889.18 (2), has the same effect as an actual-size copy.

AB150-engrossed, s. 3287 Section 3287. 59.15 (2) (c) of the statutes is amended to read:

AB150-engrossed,1074,25 59.15 (2) (c) The board may provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers without regard to the tenure of the incumbent (except as provided in par. (d)) and also establish the number of employes in any department or office including deputies to elective officers, and may establish regulations of employment for any person paid from the county treasury, but no action of the board shall be contrary to or in derogation of the rules and regulations of the department of health and social services pursuant to s. 49.50 (2) to (5) 49.33 (4) to (7) relating to employes administering old-age assistance, aid to dependent children, aid to the blind and aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

AB150-engrossed, s. 3287b Section 3287b. 59.175 of the statutes is amended to read:

AB150-engrossed,1075,15 59.175 Clerks of counties containing state institutions to make claims in certain cases. The county 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 county board, in all cases where the reimbursement is directed in that subsection, 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 claim is for reimbursement of expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall be filed with the department of corrections. If the claim is for reimbursement of expenses involving a child in a secured correctional facility, as defined in s. 48.02 (15m), the form shall be filed with the department of health and social services. If the claims are approved by the department of corrections or the department of health and social services, they shall be certified to the department of administration and paid from the appropriation made by under s. 20.410 (1) (c) or 20.435 (3) (c).

AB150-engrossed, s. 3287bm Section 3287bm. 59.175 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1076,5 59.175 Clerks of counties containing state institutions to make claims in certain cases. The county 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 county board, in all cases where the reimbursement is directed in that subsection, 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 in a secured correctional facility, as defined in s. 48.02 (15m).

AB150-engrossed, s. 3288 Section 3288. 59.23 (8) of the statutes is amended to read:

AB150-engrossed,1076,11 59.23 (8) The sheriff is authorized to destroy all sheriff's dockets, daily jail records and cash books dated prior to 1901. It shall be the duty of the sheriff to hereafter retain and safely keep all such records for a period of 8 years, or a shorter period authorized by the public records and forms board under s. 16.61 (3) (b), after which the records may be destroyed.

AB150-engrossed, s. 3289 Section 3289. 59.23 (10) of the statutes is amended to read:

AB150-engrossed,1076,15 59.23 (10) To enforce in the county all general orders of the department of industry, labor and human relations development relating to the sale, transportation and storage of explosives.

AB150-engrossed, s. 3290 Section 3290. 59.39 (1) of the statutes is amended to read:

AB150-engrossed,1076,21 59.39 (1) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit such papers. Such papers may be microfilmed or microphotographed, or transferred to optical disks or electronic format if authorized under s. 59.145, and the originals may thereafter be destroyed upon compliance with SCR chapter 72.

AB150-engrossed, s. 3291 Section 3291. 59.39 (2) of the statutes is amended to read:

AB150-engrossed,1077,7 59.39 (2) Keep a court record and write therein names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file wherein the papers can be found, the time when put on the calendar for trial, and when and how disposed of; the location where minutes in every case can be found and the place in the judgment record or microfilm or optical disk or electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.

AB150-engrossed, s. 3291c Section 3291c. 59.395 (7) of the statutes is amended to read:

AB150-engrossed,1077,13 59.395 (7) Cooperate with the department of health and social services revenue with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 46.25 and 59.07 (97) and 73.25, and provide that department with any information from court records which it requires to administer that program.

AB150-engrossed, s. 3291g Section 3291g. 59.396 of the statutes is created to read:

AB150-engrossed,1077,22 59.396 Clerk of circuit court; collection agency contract. If authorized by the county board under s. 59.07 (155), the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under s. 59.395 (5).

AB150-engrossed, s. 3291m Section 3291m. 59.458 (2) of the statutes is amended to read:

AB150-engrossed,1078,2 59.458 (2) Attorneys responsible for support enforcement under sub. (1) shall institute, commence, appear in or perform other prescribed duties in actions or proceedings under ss. 46.25 (7), 59.07 (97), 73.25 (7), 767.075, 767.08 and 767.45 and ch. 769.

AB150-engrossed, s. 3292 Section 3292. 59.51 (1) of the statutes is amended to read:

AB150-engrossed,1078,20 59.51 (1) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, maps, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. Any county, by board resolution duly adopted, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes are maintained. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting pursuant to ch. 228 may substitute the headings, reel, or disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, or disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated.

AB150-engrossed, s. 3293b Section 3293b. 59.51 (11) of the statutes is amended to read:

AB150-engrossed,1079,14 59.51 (11) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the secretary of state department of financial institutions pursuant to ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8-1/2 inches wide and 5, 7, 10-1/2 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the secretary of state department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by s. 59.57. No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.

AB150-engrossed, s. 3294 Section 3294. 59.512 (title) of the statutes is amended to read:

AB150-engrossed,1079,17 59.512 (title) Register of deeds; microfilming and optical imaging disk and electronic storage.

AB150-engrossed, s. 3295 Section 3295. 59.512 (1) of the statutes is amended to read:

AB150-engrossed,1080,11 59.512 (1) Except as provided in sub. (2), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.145 and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this subsection. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from an optical disk or electronic storage or from the original records.

AB150-engrossed, s. 3296 Section 3296. 59.512 (2) of the statutes is amended to read:

AB150-engrossed,1080,25 59.512 (2) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.145 (2) to (4). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from an optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this subsection.

AB150-engrossed, s. 3297 Section 3297. 59.57 (6) of the statutes is amended to read:

AB150-engrossed,1081,10 59.57 (6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in that section s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection. Whenever there is offered for filing any document that is not on a standard form prescribed by the secretary of state or that varies more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

AB150-engrossed, s. 3298b Section 3298b. 59.57 (6) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,1081,21 59.57 (6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions or that varies more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

AB150-engrossed, s. 3300 Section 3300. 59.90 (1) (a) of the statutes is amended to read:

AB150-engrossed,1082,10 59.90 (1) (a) On or before January 10 of every odd-numbered year, each city, village, town and county officer, and each clerk of every court of record, shall file with the treasurer of that person's county a written report under oath giving the names and the last-known addresses of all persons for whom any such officer or clerk holds money or security, and which has not been claimed for at least one year, and showing the amount of the money or the nature of the security in detail. A duplicate report shall also be mailed to the secretary of state department of financial institutions. Upon receiving the reports the treasurer shall cause to be published a class 3 notice, under ch. 985, on or before February 1 of the same year, which contains the names and last-known addresses of the owners of such unclaimed money or security, and shall state that unless the owners call for and prove their ownership of the money or security, within 6 months from the time of the completed publication, the treasurer will take possession or control of the money or security.

AB150-engrossed, s. 3300d Section 3300d. 59.971 (1) (c) of the statutes is amended to read:

AB150-engrossed,1082,13 59.971 (1) (c) "Shoreland zoning standard" means a standard for ordinances enacted under this section that are is promulgated as rules a rule by the department.

AB150-engrossed, s. 3300g Section 3300g. 59.971 (2m) of the statutes is created to read:

AB150-engrossed,1082,19 59.971 (2m) (a) A county may enact an ordinance under this section to regulate the setback of a building or structure from a body of water. A county may amend an ordinance that is enacted under this section and that is in effect on the effective date of this paragraph .... [revisor inserts date] in order to change or repeal any provision of the ordinance related to the setback of a building or structure from a body of water.

AB150-engrossed,1082,22 (b) The department may not establish by rule any shoreland zoning standard, or otherwise maintain any standard or criterion, that regulates the setback of buildings or structures from a body of water in the unincorporated area of a county.

AB150-engrossed, s. 3300m Section 3300m. 60.23 (5) of the statutes is amended to read:

AB150-engrossed,1082,25 60.23 (5) Cooperation in county planning. Cooperate with the county in rural planning under ss. 27.015 27.019, 59.07 (65) and 59.97.

AB150-engrossed, s. 3301 Section 3301. 60.33 (9) (a) of the statutes is amended to read:

AB150-engrossed,1083,3 60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to public instruction education.

AB150-engrossed, s. 3302 Section 3302. 60.71 (4) (b) of the statutes is amended to read:

AB150-engrossed,1083,9 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of industry, labor and human relations development and the department of natural resources at least 10 days prior to the hearing.

AB150-engrossed, s. 3303 Section 3303. 60.71 (4) (c) of the statutes is amended to read:

AB150-engrossed,1083,18 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of industry, labor and human relations development and of the department of natural resources may attend the hearing and advise the town board.

AB150-engrossed, s. 3304 Section 3304. 61.34 (4) of the statutes is amended to read:

AB150-engrossed,1084,7 61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the village board.

AB150-engrossed, s. 3305 Section 3305. 62.12 (9) of the statutes is amended to read:

AB150-engrossed,1084,17 62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the city council.

AB150-engrossed, s. 3305m Section 3305m. 65.07 (1) (e) of the statutes is amended to read:

AB150-engrossed,1084,20 65.07 (1) (e) A school operations fund, as constituted and for the purposes specified in s. 119.46 (1).

AB150-engrossed, s. 3306 Section 3306. 66.013 (2) (a) of the statutes is amended to read:

AB150-engrossed,1084,23 66.013 (2) (a) "Department" means the department of administration development.