AB378,55,74
51.20
(7) (d) 1. b. The individual is substantially incapable of applying an
5understanding of the advantages, disadvantages and alternatives to his or her
6chronic mental illness in order to make an informed choice as to whether to accept
7or refuse psychotropic medication.
AB378,55,11
82. A finding by the court that there is probable cause to believe that the subject
9individual meets the commitment standard under sub. (1) (a) 2. e. constitutes a
10finding that the individual is not competent to refuse medication or treatment under
11this paragraph.
Note: This provision was previously numbered s. 51.62 (1) (a) and was
inadvertently renumbered to s. 51.30 (1) (am) by
1995 Wisconsin Act 169. The intended
result was to renumber it to be s. 51.62 (1) (am).
AB378,55,1716
51.35
(3) (title)
Transfer of certain
children juveniles from juvenile
17correctional facilities and secured child caring institutions.
Note: Replaces "children" with "juveniles" for consistency of references with
language of ch. 938.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,56,95
51.437
(4m) (m) If the county board of supervisors establishes an integrated
6service program for children with severe disabilities under s. 59.53 (7), participate
7in an integrated service program for children with severe disabilities under s.
59.07
8(147) 59.53 (7), including entering into any written interagency agreements or
9contracts.
Note: There is no conflict of substance.
AB378,57,2016
51.437
(4rm) (a) A county department of developmental disabilities services
17shall authorize all care of any patient in a state, local or private facility under a
18contractual agreement between the county department of developmental disabilities
19services and the facility, unless the county department of developmental disabilities
20services governs the facility. The need for inpatient care shall be determined by the
21program director or designee in consultation with and upon the recommendation of
22a licensed physician trained in psychiatry and employed by the county department
1of developmental disabilities services or its contract agency prior to the admission
2of a patient to the facility except in the case of emergency services. In cases of
3emergency, a facility under contract with any county department of developmental
4disabilities services shall charge the county department of developmental
5disabilities services having jurisdiction in the county where the individual receiving
6care is found. The county department of developmental disabilities services shall
7reimburse the facility for the actual cost of all authorized care and services less
8applicable collections under s. 46.036, unless the department of health and family
9services determines that a charge is administratively infeasible, or unless the
10department of health and family services, after individual review, determines that
11the charge is not attributable to the cost of basic care and services. The exclusionary
12provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
13attributable to care and treatment of the client. County departments of
14developmental disabilities services may not reimburse any state institution or
15receive credit for collections for care received therein by nonresidents of this state,
16interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
17975.01, 1977 stats., or s. 975.02, 1977 stats.
, or s. 971.14, 971.17 or 975.06,
18admissions under s. 975.17, 1977 stats.,
or children placed in the guardianship of the
19department of health and family services under s. 48.427 or 48.43 or
juveniles under
20the supervision of the department of corrections under s. 938.183 (2) or 938.355.
Note: Inserts "juveniles" for consistency of references with language of ch. 938.
AB378,58,223
51.45
(11) (bm) If the person who appears to be incapacitated by alcohol under
24par. (b) is a minor, either a law enforcement officer or a person authorized to take a
1child into custody under ch. 48 or
to take a juvenile into custody under ch. 938 may
2take the minor into custody as provided in par. (b).
Note: Inserts reference to "juvenile" for consistency of references with language
of ch. 938.
Note: Corrects numbering consistent with current style.
AB378,58,187
59.05
(2) If two-fifths of the legal voters of any county, to be determined by the
8registration or poll lists of the last previous general election held in the county, the
9names of which voters shall appear on some one of the registration or poll lists of such
10election, present to the board a petition conforming to the requirements of s. 8.40
11asking
for a change of the county seat to some other place designated in the petition,
12the board shall submit the question of removal of the county seat to a vote of the
13qualified voters of the county. The election shall be held only on the day of the general
14election, notice of the election shall be given and the election shall be conducted as
15in the case of the election of officers on that day, and the votes shall be canvassed,
16certified and returned in the same manner as other votes at that election. The
17question to be submitted shall be "Shall the county seat of .... county be removed
18to ....
?".
Note: Inserts "for" to improve clarity and readability. Inserts a question mark for
correct punctuation. Deletes unnecessary word.
Note: There is no conflict of substance. This provision was renumbered s. 59.07
(1) by
1995 Wis. Act 201.
AB378, s. 163
1Section
163. 59.07 (97m) of the statutes, as created by
1995 Wisconsin Act
2279, is renumbered 59.53 (5m), and 59.53 (5m) (b) 2., as renumbered, is amended to
3read:
AB378,59,84
59.53
(5m) (b) 2. Cooperate with the department of health and family services
5with respect to the child and spousal support and establishment of paternity and
6medical liability support program under sub.
(97)
(5) and s.
46.25 49.22, and provide
7that department with any information from the record under subd. 1. that it requires
8to administer that program.
Note: 1995 Wis. Act 279 created s. 59.07 (97m) to follow s. 59.07 (97).
1995 Wis.
Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5). This renumbering carries out the
original intent of Act 279. The cross-references are amended to reflect renumbering by
Act 201 and
1995 Wis. Act 404.
Note: There is no conflict of substance. This provision is renumbered to s. 59.08
(6) by
1995 Wis. Act 201.
AB378,59,1814
59.08
(7) (a) When publication of the consolidation agreement in each of the
15counties included in the agreement is completed,
judges courts the judges of the
16circuit courts of those counties shall, by order entered of record in each of the
17counties, require the clerks of each of the counties to submit the question of the
18consolidation of the counties to a vote of the qualified electors of the counties.
AB378,60,113
59.08
(10) If a majority of the votes cast in each county upon the question of
4consolidation are in favor of the consolidation of the counties, the judge of the circuit
5courts for those counties court shall enter
the that fact of record in each county. If
6in any one of the counties less than a majority of the votes cast upon the question of
7consolidation are in favor of the proposed consolidation, the consolidation shall be
8declared to have failed for all purposes. If a majority of the votes cast upon the
9question of consolidation in any county are opposed to consolidation, the question of
10consolidation shall not be again submitted to the electors of
the that county for a
11period of 2 years.
AB378,60,1714
59.10
(2) (b)
Election; term. Supervisors shall be elected for 4-year terms
of 15at the election to be held on the first Tuesday in April next preceding the expiration
16of their respective terms, and shall take office on the 3rd Monday in April following
17their election.
Note: There is no conflict of substance. This provision was renumbered to s. 59.15
by
1995 Wis. Act 201.
AB378,61,83
59.20
(3) (b) If any officer described in
sub. (1) par. (a) neglects or refuses to
4comply with any of the provisions of this subsection, the officer shall forfeit $5 for
5each day that the noncompliance continues. Actions for the collection of a forfeiture
6under this
subsection paragraph may be brought upon the complaint of the district
7attorney of the proper county or of any party aggrieved by the officer's refusal or
8neglect.
AB378,61,1211
59.21
(1) (c) Sheriff, not less than
$5 $5,000 nor more than $25,000, with not
12less than 3 sureties.
Note: 1995 Wis. Acts 201 and
225 both replaced the word form of numbers with
digits in this provision. Act 201 inserted $5 to replace "five"; and Act 225 inserted $5,000
to replace "five" — "$5,000" was intended.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(2) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.21
(3) by
1995 Wis. Act 201.
Note: There is no conflict of substance. This provision was renumbered to s. 59.22
(1) (a) 1. by
1995 Wis. Act 201.
AB378,62,18
659.24 Clerks of counties containing state institutions to make claims
7in certain cases. The clerk of any county which is entitled to reimbursement under
8s. 16.51 (7) shall make a certified claim against the state, without direction from the
9board, in all cases where the reimbursement is directed in s. 16.51 (7), upon forms
10prescribed by the department of administration. The forms shall contain
11information required by the clerk and shall be filed annually with the department
12of corrections on or before June 1. If the claims are approved by the department of
13corrections, they shall be certified to the department of administration and paid from
14the appropriation made by s. 20.410 (1) (c), if the claim is for reimbursement of
15expenses involving a prisoner in a state prison named in s. 302.01, or from the
16appropriation under s. 20.410 (3) (c), if the claim is for reimbursement of expenses
17involving a
child juvenile in a secured correctional facility, as defined in s. 938.02
18(15m).
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,63,721
59.25
(3) (c) Pay all county orders described in
sub. (2) par. (b) in the order of
22time in which they are presented for payment; but where 2 or more are presented at
1the same time, give precedence to the order of the oldest date, but the treasurer shall
2receive of municipal treasurers all county orders issued in the county, which the
3town, city and village municipal treasurers may present in payment of county taxes,
4to the amount of the county taxes actually collected by
any municipal
the town, city
5or village treasurer in the year for which the orders are offered in payment, which
6amount shall be determined by the affidavit of the municipal
town, city and village 7treasurer.
Note: There is no conflict of substance.
Note: There is no conflict of substance. This provision was renumbered to s. 59.25
(3) (f) 2. by
1995 Wisconsin Act 201.
AB378,64,216
59.25
(3) (i) Make annually, on the 3rd Monday of March, a certified statement,
17and forward
it the statement to each municipal clerk in the county, showing the
18amount of money paid from the county treasury during the year next preceding to
19each municipal treasurer in the county. The statement shall specify the date of each
20payment, the amount thereof and the account upon which the payment was made.
21It shall be unlawful for any county treasurer to pay to the treasurer of any town any
22money in the hands of the county treasurer belonging to the town from the 3rd
1Monday of March until 10 days after the annual town meeting except upon the
2written order of the town board.
AB378,64,105
59.27
(5) Deliver on demand to the sheriff's successor in office, when the
6sheriff's successor has qualified according to law, the jail and other property of the
7county and all prisoners in the jail, and all books, records, writs, processes, orders
8and other papers belonging to the sheriff's office and in the possession of the sheriff,
9undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery
10of these items the successor in office shall execute
a receipt to the sheriff
therefor.
Note: Through an error in transcribing
1991 Wis. Act 316, "a receipt" was
inadvertently deleted. This language was included in
1995 Wis. Act 201. It is
underscored in this bill to confirm that its presence is correct.
1995 Wis. Act 201 deleted
"therefor" without showing it as stricken. A change was not intended.
AB378,65,513
59.29
(2) (a) In all cases where by the laws of this state the governor is
14authorized to demand of the executive authority of any other state any fugitive from
15justice or any person charged with
a crime in this state and to appoint an agent to
16receive such person, and such person is apprehended in any other state by the sheriff
17or deputy sheriff of the county in this state where the warrant for such fugitive from
18justice is properly issued, or such crime was committed, and such person voluntarily
19returns with said sheriff to this state without requisition, such sheriff shall be
20entitled to $8 per day for the time necessarily expended in traveling to, apprehending
21and returning with such person and the sheriff's actual and necessary expenses for
22such time, which compensation and expenses shall be allowed by the board of such
1county upon the presentation thereto of an itemized and verified account, stating the
2number of days that the sheriff was engaged, the number of miles traveled and each
3item of expense incurred in rendering such services, including the transportation
4and board of the person in custody. No allowance whatever shall be made to the
5sheriff as mileage.
Note: Inserts "a" for improved readability.
AB378,65,13
859.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or
9medical examiner shall appear or practice as
an attorney in any court, draw or fill
10up any writ, pleading or proceeding for a party in any action, nor, with the intent to
11be employed in the collection of any demand or the service of any process, advise or
12counsel any person to commence an action or proceeding; and for violation of this
13section every such officer shall forfeit not more than $50.
Note: Inserts "an" for improved readability.
AB378,66,816
59.34
(1) (a) Participate in inquest proceedings when required by law, except
17that in any county with a population of 500,000 or more and all counties which have
18instituted the medical examiner system this duty and the powers incident thereto
19shall be vested exclusively in the office of the medical examiner. Except as provided
20under s. 59.38 (5), the board shall appoint the medical examiner. The office may be
21occupied on a full-time or part-time basis and
the officeholder shall be paid
22compensation as the board by ordinance provides. The duties performed by the
23county coroner and not vested in the medical examiner shall be performed by the
1clerk. The medical examiner may appoint such assistants as the board authorizes.
2Whenever requested by the court or district attorney, the medical examiner shall
3testify to facts and conclusions disclosed by autopsies performed by him or her, at his
4or her direction or in his or her presence; shall make physical examinations and tests
5incident to any matter of a criminal nature up for consideration before either the
6court or district attorney upon request; shall testify as an expert for either the court
7or the state in all matters where the examinations or tests have been made; and shall
8perform such other duties of a pathological or medicolegal nature as may be required.
Note: Inserts "officeholder" for improved readability.
AB378,66,1611
59.35
(2) The coroner shall be responsible for every default or misconduct in
12office of a deputy coroner during the
coroner's term of office, and after the death,
13resignation or removal from office of the coroner as well as before; and an action for
14any such default or misconduct may be prosecuted against the coroner and the
15sureties on the coroner's official bond or against the executors and administrators of
16the coroner.
Note: The word "coroner's" was deleted by
1995 Wis. Act 201 without being
stricken. No change was intended.