AB100, s. 2128 16Section 2128. 51.42 (7) (a) 9. of the statutes is repealed.
AB100, s. 2129 17Section 2129. 51.42 (7) (b) 11. (intro.) of the statutes is amended to read:
AB100,928,2018 51.42 (7) (b) 11. (intro.) Prescribe requirements for certification of community
19mental health programs, except as provided in s. 51.032, including all of the
20following:
AB100, s. 2130 21Section 2130. 51.421 (3) (a) of the statutes is amended to read:
AB100,929,422 51.421 (3) (a) Promulgate rules establishing standards for the certified
23provision of community support programs by county departments under s. 51.42,
24except as provided in s. 51.032
. The department shall establish standards that
25ensure that providers of services meet federal standards for certification of providers

1of community support program services under the medical assistance program, 42
2USC 1396
to 1397e. The department shall develop the standards in consultation
3with representatives of county departments under s. 51.42, elected county officials
4and consumer advocates.
AB100, s. 2131 5Section 2131. 51.423 (1) of the statutes is amended to read:
AB100,929,166 51.423 (1) The department shall fund, within the limits of the department's
7allocation for mental health services under s. 20.435 (3) (nL) and (7) (b), (kw) and (o)
8and subject to this section, services for mental illness, developmental disability,
9alcoholism and drug abuse to meet standards of service quality and accessibility. The
10department's primary responsibility is to guarantee that county departments
11established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
12level of funding and its secondary responsibility is to fund programs which meet
13exceptional community needs or provide specialized or innovative services. Moneys
14appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
15health services under s. 20.435 (7) (o) shall be allocated by the department to county
16departments under s. 51.42 or 51.437 in the manner set forth in this section.
AB100, s. 2132 17Section 2132. 51.423 (2) of the statutes is amended to read:
AB100,930,718 51.423 (2) From the appropriations under s. 20.435 (3) (nL) and (7) (b), (kw) and
19(o), the department shall distribute the funding for services provided or purchased
20by county departments under s. 46.23, 51.42 or 51.437 to such county departments
21as provided under s. 46.40. County matching funds are required for the distributions
22under s. 46.40 (2). Each county's required match for a year equals 9.89% of the total
23of the county's distributions for that year for which matching funds are required plus
24the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for
25juvenile delinquency-related services from its distribution for 1987. Matching funds

1may be from county tax levies, federal and state revenue sharing funds or private
2donations to the counties that meet the requirements specified in sub. (5). Private
3donations may not exceed 25% of the total county match. If the county match is less
4than the amount required to generate the full amount of state and federal funds
5distributed for this period, the decrease in the amount of state and federal funds
6equals the difference between the required and the actual amount of county
7matching funds.
AB100, s. 2133 8Section 2133. 51.437 (4r) (a) 1. of the statutes is amended to read:
AB100,930,109 51.437 (4r) (a) 1. May not furnish services and programs provided by the
10department of education public instruction and local educational agencies.
AB100, s. 2134 11Section 2134. 51.437 (4rm) (a) of the statutes is amended to read:
AB100,931,1412 51.437 (4rm) (a) A county department of developmental disabilities services
13shall authorize all care of any patient in a state, local or private facility under a
14contractual agreement between the county department of developmental disabilities
15services and the facility, unless the county department of developmental disabilities
16services governs the facility. The need for inpatient care shall be determined by the
17program director or designee in consultation with and upon the recommendation of
18a licensed physician trained in psychiatry and employed by the county department
19of developmental disabilities services or its contract agency prior to the admission
20of a patient to the facility except in the case of emergency services. In cases of
21emergency, a facility under contract with any county department of developmental
22disabilities services shall charge the county department of developmental
23disabilities services having jurisdiction in the county where the individual receiving
24care is found. The county department of developmental disabilities services shall
25reimburse the facility, except as provided under par. (c), for the actual cost of all

1authorized care and services less applicable collections under s. 46.036, unless the
2department of health and family services determines that a charge is
3administratively infeasible, or unless the department of health and family services,
4after individual review, determines that the charge is not attributable to the cost of
5basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to
6direct and indirect costs which are attributable to care and treatment of the client.
7County departments of developmental disabilities services may not reimburse any
8state institution or receive credit for collections for care received therein by
9nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a),
10commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14,
11971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the
12guardianship of the department of health and family services under s. 48.427 or
1348.43 or under the supervision of the department of corrections under s. 938.183 (2)
14or 938.355.
AB100, s. 2135 15Section 2135. 51.437 (4rm) (c) 1. of the statutes is amended to read:
AB100,932,1516 51.437 (4rm) (c) 1. Regularly bill the county department of developmental
17disabilities services for services provided prior to January 1, 1982 as specified in par.
18(c) 2. a. and 2m
. If collections for care received by the department of health and family
19services prior to January 1, 1982, exceed current billings, the difference shall be
20remitted to the county department of developmental disabilities services through the
21appropriation under s. 20.435 (2) (gk). If billings for the quarter ending December
2231, 1981, exceed collections for care received by the department of health and family
23services during the quarter ending December 31, 1981, collections for care provided
24prior to January 1, 1982, shall be remitted to the county department of
25developmental disabilities services through the appropriation under s. 20.435 (2)

1(gk), up to the level of the net amount billed the county department of developmental
2disabilities services for the quarter ending December 31, 1981.
Under this section,
3collections on or after January 1, 1976, from medical assistance shall be the approved
4amounts listed by the patient on remittance advices from the medical assistance
5carrier, not including adjustments due to retroactive rate approval and less any
6refunds to the medical assistance program. For care provided on and after January
71, 1978, the department of health and family services shall adjust collections from
8medical assistance to compensate for differences between specific rate scales for care
9charged to the county department of developmental disabilities services and the
10average daily medical assistance reimbursement rate. Payment shall be due from
11the county department of developmental disabilities services within 60 days of the
12billing date subject to provisions of the contract. If any payment has not been
13received within 60 days, the department of health and family services shall deduct
14all or part of the amount due from any payment due from the department of health
15and family services to the county department of developmental disabilities services.
AB100, s. 2136 16Section 2136. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:
AB100,933,1317 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities
18services for services provided on or after January 1, 1982, at 10% of the rate paid by
19medical assistance, excluding any retroactive rate adjustment
December 31, 1997,
20at $184 per day
, if an independent professional review established under 42 USC
211396a
(a) (31) designates the person served as appropriate for community care,
22including persons who have been admitted for more than 180 consecutive days and
23for whom the cost of care in the community would be less than $184 per day
. The
24department of health and family services shall use money it receives from the county
25department of developmental disabilities services to offset the state's share of

1medical assistance. Payment is due from the county department of developmental
2disabilities services within 60 days of the billing date, subject to provisions of the
3contract. If the department of health and family services does not receive any
4payment within 60 days, it shall deduct all or part of the amount due from any
5payment the department of health and family services is required to make to the
6county department of developmental disabilities services. The department of health
7and family services shall first use collections received under s. 46.10 as a result of
8care at a center for the developmentally disabled to reduce the costs paid by medical
9assistance, and shall remit the remainder to the county department of
10developmental disabilities services up to the portion billed. The department of
11health and family services shall use the appropriation under s. 20.435 (2) (gk) to
12remit collection credits and other appropriate refunds to county departments of
13developmental disabilities services.
AB100, s. 2137 14Section 2137. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
AB100,933,1815 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities
16services for services provided under s. 51.06 (1) (d) to individuals who are eligible for
17medical assistance that are not provided by the federal government , using the
18procedure established under subd. 1
.
AB100, s. 2138 19Section 2138. 51.437 (14) (g) of the statutes is amended to read:
AB100,933,2320 51.437 (14) (g) Ensure that any county department of developmental
21disabilities services which elects to provide special education programs to children
22aged 3 years and under complies with requirements established by the department
23of education public instruction.
AB100, s. 2139 24Section 2139. 51.44 (3) (a) of the statutes is amended to read:
AB100,934,4
151.44 (3) (a) From the appropriations under s. 20.435 (3) (bt) and (nL) and (7)
2(bt)
the department shall allocate and distribute funds to counties to provide or
3contract for the provision of early intervention services to individuals eligible to
4receive the early intervention services.
AB100, s. 2140 5Section 2140. 51.44 (5) (c) of the statutes is repealed.
AB100, s. 2141 6Section 2141. 51.45 (4) (d) of the statutes is amended to read:
AB100,934,117 51.45 (4) (d) Cooperate with the department of education public instruction,
8local boards of education, schools, police departments, courts, and other public and
9private agencies, organizations and individuals in establishing programs for the
10prevention of alcoholism and treatment of alcoholics and intoxicated persons, and
11preparing curriculum materials thereon for use at all levels of school education.
AB100, s. 2142 12Section 2142. 51.45 (5) (b) (intro.) of the statutes is amended to read:
AB100,934,2213 51.45 (5) (b) (intro.) The department shall select, upon application by counties,
14county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties
15representing various geographical regions and populations and shall, from the
16appropriations under s. 20.435 (7) (f) and (mb) (3) (fm) and (nL), award a total of not
17more than $500,000 in grants in each fiscal year to the selected county departments
18to participate in a program to implement and coordinate alcohol and other drug
19abuse programs and services relating to primary prevention. The county
20department in each county receiving funding under this paragraph shall appoint or
21contract with an alcohol and other drug abuse prevention specialist whose duties
22shall include all of the following:
AB100, s. 2143 23Section 2143. 51.45 (8) (a) of the statutes is amended to read:
AB100,935,924 51.45 (8) (a) The department shall establish minimum standards for approved
25treatment facilities that must be met for a treatment facility to be approved as a

1public or private treatment facility, except as provided in s. 51.032, and fix the fees
2to be charged by the department for the required inspections. The standards may
3concern only the health standards to be met and standards of treatment to be
4afforded patients and shall distinguish between facilities rendering different modes
5of treatment. In setting standards, the department shall consider the residents'
6needs and abilities, the services to be provided by the facility, and the relationship
7between the physical structure and the objectives of the program. Nothing in this
8subsection shall prevent county departments from establishing reasonable higher
9standards.
AB100, s. 2144 10Section 2144. 51.45 (8) (e) of the statutes is amended to read:
AB100,935,1311 51.45 (8) (e) The department, after notice and hearing, may under this
12subsection
suspend, revoke, limit, or restrict an approval, or refuse to grant an
13approval, for failure to meet its standards.
AB100, s. 2145 14Section 2145. 51.45 (8) (f) of the statutes is amended to read:
AB100,935,1715 51.45 (8) (f) The circuit court may restrain any violation of this section, review
16any denial, restriction, or revocation of approval under this subsection, and grant
17other relief required to enforce its provisions.
AB100, s. 2146 18Section 2146. 51.61 (1) (e) of the statutes is amended to read:
AB100,935,2519 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under
20s. 51.35 (3) or 51.37 or under ch. 971 or 975 or who is transferred under par. (g) 5. b.,
21have the right to the least restrictive conditions necessary to achieve the purposes
22of admission, commitment or protective placement, under programs, services and
23resources that the county board of supervisors is reasonably able to provide within
24the limits of available state and federal funds and of county funds required to be
25appropriated to match state funds.
AB100, s. 2147
1Section 2147. 51.61 (1) (g) (intro.) of the statutes is amended to read:
AB100,936,32 51.61 (1) (g) (intro.) Have the following rights, under the following procedures
3and subject to the following limitations, to refuse medication and treatment:
AB100, s. 2148 4Section 2148. 51.61 (1) (g) 1. of the statutes is amended to read:
AB100,936,95 51.61 (1) (g) 1. Have the right to refuse all medication and treatment except
6as ordered by the court under subd. 2., 3., 3m. or 5. c., or in a situation in which the
7medication or treatment is necessary to prevent serious physical harm to the patient
8or to others. Medication and treatment during this period may be refused on
9religious grounds only as provided in par. (h).
AB100, s. 2149 10Section 2149. 51.61 (1) (g) 2. of the statutes is amended to read:
AB100,937,211 51.61 (1) (g) 2. At or after the hearing to determine probable cause for
12commitment but prior to the final commitment order, other than for a subject
13individual who is alleged to meet the commitment standard under s. 51.20 (1) (a) 2.
14e., the court shall, upon the motion of any interested person, and may, upon its own
15motion, hold a hearing to determine whether there is probable cause to believe that
16the individual is not competent to refuse medication or treatment and whether the
17medication or treatment will have therapeutic value and will not unreasonably
18impair the ability of the individual to prepare for or participate in subsequent legal
19proceedings. If the court determines that there is probable cause to believe the
20allegations under this subdivision, the court shall issue an order permitting
21medication or treatment to be administered to the individual regardless of his or her
22consent, under the conditions specified in subd. 3r. The order shall apply to the
23period between the date of the issuance of the order and the date of the final order
24under s. 51.20 (13), unless the court dismisses the petition for commitment or

1specifies a shorter period. The hearing under this subdivision shall meet the
2requirements of s. 51.20 (5), except for the right to a jury trial.
AB100, s. 2150 3Section 2150. 51.61 (1) (g) 3. of the statutes is amended to read:
AB100,937,254 51.61 (1) (g) 3. Following a final commitment order, other than for a subject
5individual who is determined to meet the commitment standard under s. 51.20 (1)
6(a) 2. e., have the right to exercise informed consent with regard to all medication and
7treatment unless the committing court or the court in the county in which the
8individual is located, within 10 days after the filing of the motion of any interested
9person and with notice of the motion to the individual's counsel, if any, the individual
10and the applicable counsel under s. 51.20 (4), makes a determination, following a
11hearing, that the individual is not competent to refuse medication or treatment or
12unless a situation exists in which the medication or treatment is necessary to prevent
13serious physical harm to the individual or others
. A report, if any, on which the
14motion is based shall accompany the motion and notice of motion and shall include
15a statement signed by a licensed physician that asserts that the subject individual
16needs medication or treatment and that
the individual is not competent to refuse
17medication or treatment, based on an examination of the individual by a licensed
18physician. The hearing under this subdivision shall meet the requirements of s.
1951.20 (5), except for the right to a jury trial. At the request of the subject individual,
20the individual's counsel or applicable counsel under s. 51.20 (4), the hearing may be
21postponed, but in no case may the postponed hearing be held more than 20 days after
22a motion is filed. If the court determines that the patient is not competent to refuse
23medication or treatment, the court shall issue an order permitting medication or
24treatment to be administered to the patient regardless of his or her consent, under
25the conditions specified in subd. 3r.
AB100, s. 2151
1Section 2151. 51.61 (1) (g) 3r. of the statutes is created to read:
AB100,938,132 51.61 (1) (g) 3r. If the court enters an order under subd. 2. or 3. or s. 971.14 (4)
3(b) or (5) (am) or 971.17 (3) (b) or (c), medication or treatment may be administered
4to the patient regardless of consent if the facility staff who are primarily responsible
5for developing the patient's treatment plan determine, under standards and
6procedures established by the department and subject to review by treatment
7professionals who are not involved in the patient's care, that the medication or
8treatment is appropriate for the purpose of ameliorating the patient's condition and
9represents exercise of treatment techniques and procedures that are reasonable and
10appropriate to the patient and that there would be a current risk of harm to the
11patient or others if the medication or treatment were not administered. The
12standards and procedures adopted by the department under this subdivision need
13not be promulgated as rules under ch. 227.
AB100, s. 2152 14Section 2152. 51.61 (1) (g) 5. of the statutes is created to read:
AB100,939,1915 51.61 (1) (g) 5. A patient who has not been found incompetent under s. 880.33
16and who is not subject to a court order under subd. 2. or 3. or s. 971.14 (4) (b) or (5)
17(am) or 971.17 (3) (b) or (c) and who refuses medication or treatment that is offered
18to him or her under his or her treatment plan has the right, within 10 days after the
19date on which the medication or treatment is offered, to request review of the
20medication or treatment. If requested, the review shall be conducted by a panel of
21at least 3 treatment professionals, at least one of whom is a physician, at least one
22of whom is a psychologist and none of whom is at the time involved in treatment
23decisions for the patient. A patient who requests review has the right to meet with
24the review panel, to receive at least 24 hours' advance written notice of the meeting,
25to present information to the review panel, including statements of others in person

1or by telephone, to require any facility staff who are primarily responsible for
2developing the patient's treatment plan to attend the meeting and to answer
3questions regarding the offered medication or treatment, to receive assistance at the
4meeting from a staff adviser who did not participate in the decision to offer the
5medication or treatment and who understands the treatment issues involved and to
6receive a copy of written minutes of the meeting. The review panel shall determine
7whether the offered medication or treatment is appropriate for the purpose of
8ameliorating the patient's condition and represents exercise of treatment techniques
9and procedures that are reasonable and appropriate to the patient. The review panel
10shall issue its determination in writing within 5 days after the meeting. A
11determination by the review panel that the offered medication or treatment is
12reasonable and appropriate, under the standard under this subdivision, need not be
13unanimous, but if the offered medication or treatment includes psychotropic
14medication, the physician must be a member of the majority for the determination.
15If the patient does not request review of offered medication or treatment within the
16time specified under this subdivision or if the review panel determines that the
17offered medication or treatment is reasonable and appropriate, under the standard
18under this subdivision, and if the patient is thereafter given not less than 5 days to
19consent to the offered medication or treatment, any of the following may apply:
AB100,939,2520 a. For a patient under this subdivision who is detained, committed or admitted
21under this chapter or ch. 55, the treatment facility or treatment program may
22terminate the contractual agreement with the county department under s. 51.42 (3)
23(as) 1. or 51.437 (4rm) (a) and return the patient to the care and custody of the county
24department, request reexamination of the patient under s. 51.20 (16) or discharge
25the patient under s. 51.35 (4).
AB100,940,8
1b. For any patient under this subdivision in a mental health institute or other
2inpatient facility for treatment of mental illness, the institute or other facility may
3transfer the patient to a nontreatment unit or facility established under s. 51.055
4until the patient is released from the institute or other facility under s. 51.15 (6),
551.20 (8) (a), (13) (dm) or (16), 971.14 (4) (d) or (5) or 971.17 (4) or (5), discharged from
6commitment under s. 51.10, 51.13 (7), 51.15 (5), 51.20 (13) (g), 51.35 (4) or (4m), 51.37
7(8) (a) or (9), 51.83 (2), 51.87 (10), 971.14 (6) (a) or 971.17 (6) or consents to the
8medication or treatment that is offered under a treatment plan.
AB100,941,29 c. For any patient under this subdivision, the treatment facility or treatment
10program may file a motion requesting the committing court or the court in the county
11in which the individual is located to enter an order requiring the patient to
12participate in the treatment that is offered, regardless of his or her consent, except
13that the court may not order involuntary administration of psychotropic medication.
14Within 10 days after the filing of the motion and with notice of the motion to the
15patient's counsel, if any, the patient and the applicable counsel under s. 51.20 (4), the
16court may enter the order if the court determines that the patient's interest in not
17consenting to the treatment in question is outweighed by the interest of the public
18and the patient in effective treatment of the conditions for which the patient was
19admitted to the system. The hearing under this subd. 1. c. shall meet the
20requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the
21patient, the patient's counsel or applicable counsel under s. 51.20 (4), the hearing
22may be postponed, but in no case may the postponed hearing be held more than 20
23days after a motion is filed. If the court determines that the patient's interest in not
24consenting to the treatment in question is outweighed by the interest of the public
25and the patient in effective treatment of the conditions for which the patient was

1admitted to the system, the court shall enter an order requiring the patient to
2participate in the offered treatment regardless of his or her consent.
AB100, s. 2153 3Section 2153. 51.61 (1) (i) 2. of the statutes is amended to read:
AB100,942,54 51.61 (1) (i) 2. Patients in the maximum security facility at the Mendota mental
5health institute and patients who are transferred under par. (g) 5. b. may be locked
6in their rooms during the night shift and for a period of no longer than one hour and
730 minutes during each change of shift by staff to permit staff review of patient
8needs. Patients in the maximum security facility at the Mendota mental health
9institute and patients who are transferred under par. (g) 5. b. may also be locked in
10their rooms on a unit-wide or facility-wide basis as an emergency measure as needed
11for security purposes to deal with an escape or attempted escape, the discovery of a
12dangerous weapon in the unit or facility or the receipt of reliable information that
13a dangerous weapon is in the unit or facility or to prevent or control a riot or the
14taking of a hostage. A unit-wide or facility-wide emergency isolation order may only
15be authorized by the director of the unit or maximum security facility or his or her
16designee and shall be approved within one hour after it is authorized by the director
17of the Mendota mental health facility or the director's designee. An emergency order
18for unit-wide or facility-wide isolation may only be in effect for the period of time
19needed to preserve order while dealing with the situation and may not be used as a
20substitute for adequate staffing. During a period of unit-wide or facility-wide
21isolation, the status of each patient shall be reviewed every 30 minutes to ensure the
22safety and comfort of the patient and each patient who is locked in a room without
23a toilet shall be given an opportunity to use a toilet at least once every hour, or more
24frequently if medically indicated. Each unit in the maximum security facility at the
25Mendota mental health institute and each nontreatment unit or facility established

1under s. 51.055
shall have a written policy covering the use of isolation which ensures
2that the dignity of the individual is protected, that the safety of the individual is
3secured and that there is regular, frequent monitoring by trained staff to care for
4bodily needs as may be required. Each policy shall be reviewed and approved by the
5director of the Mendota mental health institute facility or the director's designee.
AB100, s. 2154 6Section 2154. 51.61 (1) (m) of the statutes is amended to read:
AB100,942,147 51.61 (1) (m) Have a right to a humane psychological and physical environment
8within the hospital facilities. These facilities shall be designed to afford patients
9with comfort and safety, to promote dignity and ensure privacy. Facilities shall also
10be designed to make a positive contribution to the effective attainment of the
11treatment goals of the hospital. Nothing under this paragraph entitles a patient who
12is transferred under par. (g) 5. b. to conditions or facilities that are identical or
13substantially similar to those in which patients who consent to treatment are
14housed.
AB100, s. 2155 15Section 2155. 51.61 (1) (x) of the statutes is amended to read:
AB100,942,2216 51.61 (1) (x) Have the right to be treated with respect and recognition of the
17patient's dignity and individuality by all employes of the treatment facility or
18community mental health program and by licensed, certified, registered or
19permitted providers of health care with whom the patient comes in contact. Nothing
20under this paragraph entitles a patient who is transferred under par. (g) 5. b. to
21conditions or facilities that are identical or substantially similar to those in which
22patients who consent to treatment are housed.
AB100, s. 2156 23Section 2156. 51.61 (6) of the statutes is amended to read:
AB100,943,1424 51.61 (6) Subject to the rights of patients provided under this chapter, the
25department, county departments under s. 51.42 or 51.437 and any agency providing

1services under an agreement with the department or those county departments have
2the right to use customary and usual treatment techniques and procedures in a
3reasonable and appropriate manner in the treatment of patients who are receiving
4services under the mental health system, for the purpose of ameliorating the
5conditions for which the patients were admitted to the system. The written,
6informed consent of any patient shall first be obtained, unless the person has been
7found not competent to refuse medication and treatment as specified under sub. (1)
8(g) 2., 3., 3m. or 3r. or if sub. (1) (g) 5. c. applies
. In the case of a minor, the written,
9informed consent of the parent or guardian is required. Except as provided under
10an order issued under s. 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older,
11the written, informed consent of the minor and the minor's parent or guardian is
12required. A refusal of either a minor 14 years of age or older or the minor's parent
13or guardian to provide written, informed consent for outpatient mental health
14treatment is reviewable under s. 51.14.
AB100, s. 2157 15Section 2157. 51.62 (3m) of the statutes is amended to read:
AB100,943,1916 51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the
17department shall may not distribute more than $75,000 in each fiscal year to the
18protection and advocacy agency for performance of community mental health
19protection and advocacy services.
AB100, s. 2158 20Section 2158. 59.07 (1) of the statutes is amended to read:
AB100,943,2321 59.07 (1) No action may be brought or maintained against a county upon a
22claim or upon a cause of action unless the claimant complies with s. 893.80. This
23subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
AB100, s. 2159 24Section 2159. 59.23 (2) (j) of the statutes is amended to read:
AB100,944,6
159.23 (2) (j) (title) School taxes, records to department of education public
2instruction
. Transmit to the department of education public instruction on the last
3Monday in December in each year certified copies of all resolutions adopted and
4proceedings of the board passed or had during the preceding year relating to the
5raising of any money for school purposes, and report the amount to be raised in each
6town in the county.
AB100, s. 2160 7Section 2160. 59.25 (3) (f) 2. of the statutes is amended to read:
AB100,945,68 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be
9deposited in the state treasury, the amounts required by s. 165.87 for the penalty
10assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
11assessment,
the amounts required by s. 167.31 (5) for the weapons assessment, the
12amounts required by s. 973.045 for the crime victim and witness assistance
13surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and
14witness assistance surcharge,
the amounts required by s. 973.046 for the
15deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for
16the drug abuse program improvement surcharge, the amounts authorized by s.
17971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the
18amounts required by s. 253.06 (4) (c) for the enforcement assessment under the
19supplemental food program for women, infants and children,
the amounts required
20by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts
21required by s. 102.85 (4) for the uninsured employer assessment, the amounts
22required by s. 299.93 for the environmental assessment, the amounts required by s.
2329.9965 for the wild animal protection assessment, the amounts required by s.
2429.997 for the natural resources assessment surcharge, the amounts required by s.
2529.9967 for the fishing shelter removal assessment, the amounts required by s.

1350.115 for the snowmobile registration restitution payment and the amounts
2required by s. 29.998 for natural resources restitution payments, transmit to the
3state treasurer a statement of all moneys required by law to be paid on the actions
4entered during the preceding month on or before the first day of the next succeeding
5month, certified by the county treasurer's personal signature affixed or attached
6thereto, and at the same time pay to the state treasurer the amount thereof.
AB100, s. 2161 7Section 2161. 59.40 (2) (h) of the statutes is amended to read:
AB100,945,158 59.40 (2) (h) Except in counties that have designated a county support
9collection designee under s. 59.07 (97m) 59.53 (5m), keep a record of all payments and
10arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and
11directed under s. 767.29 (1) to be paid to the clerk or county support collection
12designee or ordered by a court in another county or jurisdiction but enforced or
13received by the court of the clerk's county. If the department of health and family
14services
industry, labor and job development operates a data system relating to those
15payments and arrearages, the clerk shall use that system to keep this record.
AB100, s. 2162 16Section 2162. 59.40 (2) (h) of the statutes, as affected by 1997 Wisconsin Act
17.... (this act), is repealed.
AB100, s. 2163 18Section 2163. 59.40 (2) (m) of the statutes is amended to read:
AB100,946,1819 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's
20percentage of the fees required to be paid on each civil action, criminal action and
21special proceeding filed during the preceding month and pay monthly to the
22treasurer for the use of the state the percentage of court imposed fines and forfeitures
23required by law to be deposited in the state treasury, the amounts required by s.
24165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
25165.755 for the crime laboratories assessment,
the amounts required by s. 167.31 (5)

1for the weapons assessment, the amounts required by s. 973.045 for the crime victim
2and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the
3delinquency victim and witness assistance surcharge,
the amounts required by s.
4973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
5s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
6authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse
7assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement
8assessment under the supplemental food program for women, infants and children,

9the amounts required by s. 346.655 for the driver improvement surcharge, the
10amounts required by s. 102.85 (4) for the uninsured employer assessment, the
11amounts required by s. 299.93 for the environmental assessment, the amounts
12required under s. 29.9965 for the wild animal protection assessment, the amounts
13required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the
14amounts required by s. 29.9967 for the fishing shelter removal assessment, the
15amounts required by s. 350.115 for the snowmobile registration restitution payment
16and the amounts required under s. 29.998 (1) (d) for the natural resources restitution
17payments. The payments shall be made by the 15th day of the month following
18receipt thereof.
AB100, s. 2164 19Section 2164. 59.43 (1) (u) of the statutes is amended to read:
AB100,946,2220 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag)
211. and (e) and not retained by the county to the land information board department
22of administration
under s. 59.72 (5).
AB100, s. 2165 23Section 2165. 59.53 (5) of the statutes is amended to read:
AB100,947,1424 59.53 (5) Child and spousal support; paternity program; medical support
25liability program.
The board shall contract with the department of industry, labor

1and job development to implement and administer the child and spousal support and
2establishment of paternity and the medical support liability programs provided for
3by Title IV of the federal social security act. The board may designate by board
4resolution any office, officer, board, department or agency, except the clerk of circuit
5court,
as the county designee child support agency. The board or its designee county
6child support agency
shall implement and administer the programs in accordance
7with the contract with the department of industry, labor and job development. The
8attorneys responsible for support enforcement under sub. (6) (a), family court
9commissioner, clerk of court and all other county officials shall cooperate with the
10county and the department of industry, labor and job development as necessary to
11provide the services required under the programs. The county shall charge the fee
12established by the department of industry, labor and job development under s. 49.22
13for services provided under this subsection to persons not receiving benefits under
14s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.
AB100, s. 2166 15Section 2166. 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act ....
16(this act), is renumbered 59.53 (5) (a) and amended to read:
AB100,948,617 59.53 (5) (a) The board shall contract with the department of industry, labor
18and job development to implement and administer the child and spousal support and
19establishment of paternity and the medical support liability programs provided for
20by Title IV of the federal social security act. The board may designate by board
21resolution any office, officer, board, department or agency except the clerk of circuit
22court, as the county child support agency. The board or county child support agency
23shall implement and administer the programs in accordance with the contract with
24the department of industry, labor and job development. The attorneys responsible
25for support enforcement under sub. (6) (a), family court commissioner and all other

1county officials shall cooperate with the county and the department of industry, labor
2and job development as necessary to provide the services required under the
3programs. The county shall charge the fee established by the department of industry,
4labor and job development under s. 49.22 for services provided under this subsection
5paragraph to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or
6assistance under s. 46.261, 49.19 or 49.47.
AB100, s. 2167 7Section 2167. 59.53 (5) (b) of the statutes is created to read:
AB100,948,168 59.53 (5) (b) The county child support agency under par. (a) shall electronically
9enter into the statewide data system related to child and spousal support payments
10that is operated by the department of industry, labor and job development the terms
11of any order made or judgment granted in the circuit court of the county requiring
12payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s. 767.29 (1)
13to be paid to the department of industry, labor and job development or its designee.
14The county child support agency shall enter the terms of any such order or judgment
15within the time required by federal law and shall enter revisions ordered by the court
16to any order or judgment the terms of which are maintained on the data system.
AB100, s. 2168 17Section 2168. 59.53 (5m) of the statutes, as affected by 1997 Wisconsin Act ....
18(this act), is repealed.
AB100, s. 2169 19Section 2169. 59.53 (5m) (a) of the statutes is amended to read:
AB100,949,220 59.53 (5m) (a) Subject to approval of the department of health and family
21services
industry, labor and job development under par. (am), designate by resolution
22any office, officer, board, department or agency as the county support collection
23designee to receive and disburse child and spousal support payments ordered by the
24court under s. 948.22 (7) and child and family support payments and maintenance
25payments ordered by the court or the family court commissioner under ch. 767 or

1ordered by a court in another county or jurisdiction but enforced or received by the
2court of the support collection designee's county.
AB100, s. 2170 3Section 2170. 59.53 (5m) (am) of the statutes is amended to read:
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