SB1,815,21 19(3) Retained counsel. Notwithstanding subs. (1) and (2), an individual subject
20to proceedings under this chapter is entitled to retain counsel of his or her own
21choosing at his or her own expense.
SB1, s. 1835 22Section 1835. 51.605 of the statutes is created to read:
SB1,816,7 2351.605 Reimbursement for counsel provided by the state. (1) Inquiry.
24At or after the conclusion of a proceeding under this chapter in which the state public
25defender has provided counsel for an adult individual, the court may inquire as to

1the individual's ability to reimburse the state for the costs of representation. If the
2court determines that the individual is able to make reimbursement for all or part
3of the costs of representation, the court may order the individual to reimburse the
4state an amount not to exceed the maximum amount established by the public
5defender board under s. 977.075 (4). Upon the court's request, the state public
6defender shall conduct a determination of indigency under s. 977.07 and report the
7results of the determination to the court.
SB1,816,14 8(2) Payment. Reimbursement ordered under this section shall be made to the
9clerk of courts of the county where the proceedings took place. The clerk of courts
10shall transmit payments under this section to the county treasurer, who shall deposit
1125 percent of the payment amount in the county treasury and transmit the
12remainder to the secretary of administration. Payments transmitted to the
13secretary of administration shall be deposited in the general fund and credited to the
14appropriation account under s. 20.550 (1) (L).
SB1,816,18 15(3) Report. By January 31st of each year, the clerk of courts for each county
16shall report to the state public defender the total amount of reimbursements ordered
17under sub. (1) in the previous calendar year and the total amount of reimbursements
18paid to the clerk under sub. (2) in the previous year.
SB1, s. 1835c 19Section 1835c. 51.62 (3m) of the statutes is amended to read:
SB1,816,2320 51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the
21department may not shall distribute more than $75,000 in each fiscal year to the
22protection and advocacy agency for performance of community mental health
23protection and advocacy services.
SB1, s. 1836 24Section 1836. 55.10 (4) (a) of the statutes is amended to read:
SB1,817,19
155.10 (4) (a) Counsel; costs. The individual sought to be protected has the right
2to counsel whether or not the individual is present at the hearing on the petition.
3The court shall require representation by full legal counsel whenever the petition
4alleges that the individual is not competent to refuse psychotropic medication under
5s. 55.14, the individual sought to be protected requested such representation at least
672 hours before the hearing, the guardian ad litem or any other person states that
7the individual sought to be protected is opposed to the petition, or the court
8determines that the interests of justice require it. If the individual sought to be
9protected or any other person on his or her behalf requests but is unable to obtain
10legal counsel, the court shall appoint refer the individual to the state public defender
11as provided under s. 55.105 for appointment of
legal counsel. Counsel shall be
12provided at public expense, as provided under s. 967.06 and ch. 977, if the individual
13is indigent. If the individual sought to be protected is an adult who is indigent, and
14if counsel was not appointed under s. 977.08, the county in which the hearing is held
15is liable for any fees due the individual's legal counsel.
If the individual sought to
16be protected is represented by counsel appointed under s. 977.08 in a proceeding for
17the appointment of a guardian under s. 880.33 ch. 54, the court shall order the
18counsel appointed under s. 977.08 to represent under this section the individual
19sought to be protected.
SB1, s. 1837 20Section 1837. 55.105 of the statutes is created to read:
SB1,817,25 2155.105 Appointment of counsel. (1) In any situation under this chapter in
22which an adult individual has a right to be represented by legal counsel, the
23individual shall be referred as soon as practicable to the state public defender, who
24shall appoint counsel for the individual under s. 977.08 without a determination of
25indigency.
SB1,818,3
1(2) In any situation under this chapter in which a minor has a right to be
2represented by legal counsel, legal counsel for the minor shall be appointed as
3provided in s. 48.23 (4).
SB1,818,6 4(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings
5under this chapter is entitled to retain counsel of his or her own choosing at his or
6her own expense.
SB1, s. 1838 7Section 1838. 55.107 of the statutes is created to read:
SB1,818,17 855.107 Reimbursement of counsel provided by the state. (1) At or after
9the conclusion of a proceeding under this chapter in which the state public defender
10has provided legal counsel for an adult individual, the court may inquire as to the
11individual's ability to reimburse the state for the costs of representation. If the court
12determines that the individual is able to make reimbursement for all or part of the
13costs of representation, the court may order the individual to reimburse the state an
14amount not to exceed the maximum amount established by the public defender board
15under s. 977.075 (4). Upon the court's request, the state public defender shall
16conduct a determination of indigency under s. 977.07 and report the results of the
17determination to the court.
SB1,818,24 18(2) Reimbursement ordered under this section shall be made to the clerk of
19courts of the county where the proceedings took place. The clerk of courts shall
20transmit payments under this section to the county treasurer, who shall deposit 25
21percent of the payment amount in the county treasury and transmit the remainder
22to the secretary of administration. Payments transmitted to the secretary of
23administration shall be deposited in the general fund and credited to the
24appropriation account under s. 20.550 (1) (L).
SB1,819,4
1(3) By January 31st of each year, the clerk of courts for each county shall report
2to the state public defender the total amount of reimbursements ordered under sub.
3(1) in the previous calendar year and the total amount of reimbursements paid to the
4clerk under sub. (2) in the previous year.
SB1, s. 1839 5Section 1839. 55.135 (1) of the statutes is amended to read:
SB1,820,26 55.135 (1) If, upon a credible report to or, from personal observation of, or a
7reliable report made by a person who identifies himself or herself to, a sheriff, police
8officer, fire fighter, guardian, if any, or authorized representative of a county
9department or an agency with which it contracts under s. 55.02 (2), it appears
10probable that an individual is so totally incapable of providing for his or her own care
11or custody as to create a substantial risk of serious physical harm to himself or herself
12or others as a result of developmental disabilities, degenerative brain disorder,
13serious and persistent mental illness, or other like incapacities if not immediately
14placed, the individual under this paragraph who received the credible report or who
15personally made the observation or to whom the report is made may take into custody
16and transport the individual to an appropriate medical or protective placement
17facility. The person making emergency protective placement shall prepare a
18statement at the time of detention providing specific factual information concerning
19the person's observations or reports made to the person and the basis for emergency
20placement. The statement shall be filed with the director of the facility and with any
21petition under s. 55.075. At the time of emergency protective placement the
22individual shall be informed by the director of the facility or the director's designee,
23orally and in writing, of his or her right to contact an attorney and a member of his
24or her immediate family and the right to have an attorney provided at public
25expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is

1indigent
s. 55.105. The director or designee shall also provide the individual with
2a copy of the statement by the person making emergency protective placement.
SB1, s. 1840 3Section 1840. 55.14 (7) of the statutes is amended to read:
SB1,820,74 55.14 (7) Upon the filing of a petition under this section, the court shall appoint
5make a referral for appointment of legal counsel as provided under s. 55.105. A
6petition under this section shall be heard under s. 55.10 (4) (a) s. 55.06 within 30 days
7after it is filed.
SB1, s. 1841 8Section 1841. 55.15 (7) (cm) of the statutes is amended to read:
SB1,820,129 55.15 (7) (cm) The court shall appoint counsel for refer the individual under
10protective placement for appointment of legal counsel as provided under s. 55.105 if
11the individual, the individual's guardian ad litem, or anyone on the individual's
12behalf requests that counsel be appointed for the individual,.
SB1, s. 1842 13Section 1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:
SB1,820,1714 55.18 (3) (c) (intro.) The court shall order legal counsel for refer an individual
15and, if the individual appears to be indigent, refer him or her to the authority for
16indigency determinations under s. 977.07 (1)
for appointment of legal counsel under
17s. 55.105
if any of the following apply:
SB1, s. 1843 18Section 1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:
SB1,820,2219 55.19 (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:
SB1, s. 1844 23Section 1844. 59.22 (2) (c) 2. of the statutes is amended to read:
SB1,821,324 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the
25rules of the department of workforce development children and families under s.

149.78 (4) to (7) relating to employees administering old-age assistance, aid to
2families with dependent children, aid to the blind, or aid to totally and permanently
3disabled persons or ss. 63.01 to 63.17.
SB1, s. 1845 4Section 1845. 59.40 (2) (p) of the statutes is amended to read:
SB1,821,95 59.40 (2) (p) Cooperate with the department of workforce development children
6and families
with respect to the child and spousal support and establishment of
7paternity and medical support liability program under ss. 49.22 and 59.53 (5), and
8provide that department with any information from court records which it requires
9to administer that program.
SB1, s. 1846 10Section 1846. 59.52 (4) (a) 18. of the statutes is amended to read:
SB1,821,2111 59.52 (4) (a) 18. Case records and other record material of all public assistance
12that are kept as required under ch. 49, if no payments have been made for at least
133 years and if a face sheet or similar record of each case and a financial record of all
14payments for each aid account are preserved in accordance with rules adopted by the
15department of health and family services or by the department of workforce
16development
children and families. If the department of health and family services
17or the department of workforce development children and families has preserved
18such case records and other record material on computer disc or tape or similar
19device, a county may destroy the original records and record material under rules
20adopted by the department that has preserved those case records or other record
21material.
SB1, s. 1847 22Section 1847. 59.53 (3) of the statutes is amended to read:
SB1,821,2423 59.53 (3) Community action agencies. The board may appropriate funds for
24promoting and assisting any community action agency under s. 46.30 49.265.
SB1, s. 1848 25Section 1848 . 59.53 (5) (a) of the statutes is amended to read:
SB1,822,16
159.53 (5) (a) The board shall contract with the department of workforce
2development
children and families to implement and administer the child and
3spousal support and establishment of paternity and the medical support liability
4programs provided for by Title IV of the federal social security act. The board may
5designate by board resolution any office, officer, board, department , or agency, except
6the clerk of circuit court, as the county child support agency. The board or county
7child support agency shall implement and administer the programs in accordance
8with the contract with the department of workforce development children and
9families
. The attorneys responsible for support enforcement under sub. (6) (a),
10circuit court commissioners, and all other county officials shall cooperate with the
11county and the department of workforce development children and families as
12necessary to provide the services required under the programs. The county shall
13charge the fee established by the department of workforce development children and
14families
under s. 49.22 for services provided under this paragraph to persons not
15receiving benefits under s. 49.148 or 49.155 or assistance under s. 46.261 48.645,
1649.19, or 49.47.
SB1, s. 1849 17Section 1849 . 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act
18.... (this act), is amended to read:
SB1,823,819 59.53 (5) (a) The board shall contract with the department of children and
20families to implement and administer the child and spousal support and
21establishment of paternity and the medical support liability programs provided for
22by Title IV of the federal social security act. The board may designate by board
23resolution any office, officer, board, department or agency, except the clerk of circuit
24court, as the county child support agency. The board or county child support agency
25shall implement and administer the programs in accordance with the contract with

1the department of children and families. The attorneys responsible for support
2enforcement under sub. (6) (a), circuit court commissioners and all other county
3officials shall cooperate with the county and the department of children and families
4as necessary to provide the services required under the programs. The county shall
5charge the fee established by the department of children and families under s. 49.22
6for services provided under this paragraph to persons not receiving benefits under
7s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, or 49.46, 49.465, 49.47,
849.471, or 49.472
.
SB1, s. 1850 9Section 1850. 59.53 (5) (b) of the statutes is amended to read:
SB1,823,1910 59.53 (5) (b) The county child support agency under par. (a) shall electronically
11enter into the statewide data system related to child and spousal support payments
12that is operated by the department of workforce development children and families
13the terms of any order made or judgment granted in the circuit court of the county
14requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s.
15767.57 (1) to be paid to the department of workforce development children and
16families
or its designee. The county child support agency shall enter the terms of any
17such order or judgment within the time required by federal law and shall enter
18revisions ordered by the court to any order or judgment the terms of which are
19maintained on the data system.
SB1, s. 1852 20Section 1852. 59.69 (15) (intro.) of the statutes is amended to read:
SB1,824,221 59.69 (15) Community and other living arrangements. (intro.) For purposes
22of this section, the location of a community living arrangement for adults, as defined
23in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
24(1),
a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in

1s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality,
2shall be subject to the following criteria:
SB1, s. 1853 3Section 1853. 59.69 (15) (c) of the statutes is amended to read:
SB1,824,94 59.69 (15) (c) Where If the community living arrangement has capacity for 8
5or fewer persons being served by the program, meets the criteria listed in pars. (a)
6and (b), and is licensed, operated, or permitted under the authority of the department
7of health and family services or the department of children and families, that facility
8is entitled to locate in any residential zone, without being required to obtain special
9zoning permission except as provided in par. (i).
SB1, s. 1854 10Section 1854. 59.69 (15) (d) of the statutes is amended to read:
SB1,824,1911 59.69 (15) (d) Where If the community living arrangement has capacity for 9
12to 15 persons being served by the program, meets the criteria listed in pars. (a) and
13(b), and is licensed, or operated, or permitted under the authority of the department
14of health and family services or the department of children and families, the facility
15is entitled to locate in any residential area except areas zoned exclusively for
16single-family or 2-family residences, except as provided in par. (i), but is entitled to
17apply for special zoning permission to locate in those areas. The municipality may
18grant special zoning permission at its discretion and shall make a procedure
19available to enable such facilities to request such permission.
SB1, s. 1855 20Section 1855. 59.69 (15) (e) of the statutes is amended to read:
SB1,825,221 59.69 (15) (e) Where If the community living arrangement has capacity for
22serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is
23licensed, operated, or permitted under the authority of the department of health and
24family services or the department of children and families, that facility is entitled to
25apply for special zoning permission to locate in areas zoned for residential use. The

1municipality may grant special zoning permission at its discretion and shall make
2a procedure available to enable such facilities to request such permission.
SB1, s. 1856 3Section 1856. 59.69 (15) (f) of the statutes is amended to read:
SB1,825,114 59.69 (15) (f) The department of health and family services shall designate a
5single subunit within the that department to maintain appropriate records
6indicating the location and the capacity of each community living arrangement for
7adults
, and the information shall be available to the public. The department of
8children and families shall designate a single subunit within that department to
9maintain appropriate records indicating the location and the capacity of each
10community living arrangement for children, and the information shall be available
11to the public.
SB1, s. 1857 12Section 1857. 59.69 (15) (h) of the statutes is amended to read:
SB1,825,1513 59.69 (15) (h) The attorney general shall take action, upon the request of the
14department of health and family services or the department of children and families,
15to enforce compliance with this subsection.
SB1, s. 1860m 16Section 1860m. 60.37 (4) (a) of the statutes is amended to read:
SB1,826,317 60.37 (4) (a) An elected town officer, other than a town clerk, a town treasurer,
18or an officer serving in a combined office of town clerk and town treasurer,
who also
19serves as a town employee may be paid an hourly wage for serving as a town
20employee, not exceeding a total of $5,000 each year. An elected town officer, who is
21a town clerk, a town treasurer, or an officer serving in a combined office of town clerk
22and town treasurer, who also serves as a town employee may be paid an hourly wage
23for serving as a town employee, not exceeding a total of $15,000 each year.
Amounts
24that are paid under this paragraph may be paid in addition to any amount that an
25individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical

1technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this
2paragraph includes amounts paid to a town board supervisor who is acting as
3superintendent of highways under s. 82.03 (1).
SB1, s. 1861 4Section 1861. 60.63 (intro.) of the statutes is amended to read:
SB1,826,10 560.63 Community and other living arrangements. (intro.) For purposes
6of s. 60.61, the location of a community living arrangement for adults, as defined in
7s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
8(1),
a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
9s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any town shall
10be subject to the following criteria:
SB1, s. 1862 11Section 1862. 60.63 (4) of the statutes is amended to read:
SB1,826,1812 60.63 (4) If the community living arrangement has capacity for 8 or fewer
13persons being served by the program, meets the criteria listed in subs. (1) and (2),
14and is licensed, operated, or permitted under the authority of the department of
15health and family services or the department of children and families, the
16community living arrangement is entitled to locate in any residential zone, without
17being required to obtain special zoning permission except as provided under sub.
18(10).
SB1, s. 1863 19Section 1863. 60.63 (5) of the statutes is amended to read:
SB1,827,320 60.63 (5) In all cases where the community living arrangement has capacity
21for 9 to 15 persons being served by the program, meets the criteria listed in subs. (1)
22and (2), and is licensed, operated, or permitted under the authority of the department
23of health and family services or the department of children and families, that facility
24is entitled to locate in any residential area except areas zoned exclusively for
25single-family or 2-family residences except as provided in sub. (10), but is entitled

1to apply for special zoning permission to locate in those areas. The town may grant
2such special zoning permission at its discretion and shall make a procedure available
3to enable such facilities to request such permission.
SB1, s. 1864 4Section 1864. 60.63 (6) of the statutes is amended to read:
SB1,827,115 60.63 (6) In all cases where the community living arrangement has capacity
6for serving 16 or more persons, meets the criteria listed in subs. (1) and (2), and is
7licensed, operated, or permitted under the authority of the department of health and
8family services or the department of children and families, that facility is entitled to
9apply for special zoning permission to locate in areas zoned for residential use. The
10town may grant such special zoning permission at its discretion and shall make a
11procedure available to enable such facilities to request such permission.
SB1, s. 1865 12Section 1865. 60.63 (7) of the statutes is amended to read:
SB1,827,1913 60.63 (7) The department of health and family services shall designate a single
14subunit within the that department to maintain appropriate records indicating the
15location and the capacity of each community living arrangement for adults, and such
16information shall be available to the public. The department of children and families
17shall designate a single subunit within that department to maintain appropriate
18records indicating the location and the capacity of each community living
19arrangement for children, and such information shall be available to the public.
SB1, s. 1866 20Section 1866. 60.63 (9) of the statutes is amended to read:
SB1,827,2321 60.63 (9) The attorney general shall take all necessary action, upon the request
22of the department of health and family services or the department of children and
23families
, to enforce compliance with this section.
SB1, s. 1868 24Section 1868. 62.23 (7) (i) (intro.) of the statutes is amended to read:
SB1,828,6
162.23 (7) (i) Community and other living arrangements. (intro.) For purposes
2of this section, the location of a community living arrangement for adults, as defined
3in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
4(1),
a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
5s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city shall be
6subject to the following criteria:
SB1, s. 1869 7Section 1869. 62.23 (7) (i) 3. of the statutes is amended to read:
SB1,828,138 62.23 (7) (i) 3. In all cases where the community living arrangement has
9capacity for 8 or fewer persons being served by the program, meets the criteria listed
10in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the
11department of health and family services or the department of children and families,
12that facility is entitled to locate in any residential zone, without being required to
13obtain special zoning permission except as provided in subd. 9.
SB1, s. 1870 14Section 1870. 62.23 (7) (i) 4. of the statutes is amended to read:
SB1,828,2315 62.23 (7) (i) 4. In all cases where the community living arrangement has
16capacity for 9 to 15 persons being served by the program, meets the criteria listed in
17subds. 1. and 2., and is licensed, operated, or permitted under the authority of the
18department of health and family services or the department of children and families,
19that facility is entitled to locate in any residential area except areas zoned exclusively
20for single-family or 2-family residences except as provided in subd. 9., but is entitled
21to apply for special zoning permission to locate in those areas. The city may grant
22such special zoning permission at its discretion and shall make a procedure available
23to enable such facilities to request such permission.
SB1, s. 1871 24Section 1871. 62.23 (7) (i) 5. of the statutes is amended to read:
SB1,829,8
162.23 (7) (i) 5. In all cases where the community living arrangement has
2capacity for serving 16 or more persons, meets the criteria listed in subds. 1. and 2.,
3and is licensed, operated, or permitted under the authority of the department of
4health and family services or the department of children and families, that facility
5is entitled to apply for special zoning permission to locate in areas zoned for
6residential use. The city may grant such special zoning permission at its discretion
7and shall make a procedure available to enable such facilities to request such
8permission.
SB1, s. 1872 9Section 1872. 62.23 (7) (i) 6. of the statutes is amended to read:
SB1,829,1710 62.23 (7) (i) 6. The department of health and family services shall designate
11a single subunit within the that department to maintain appropriate records
12indicating the location and number of persons served by each community living
13arrangement for adults, and such information shall be available to the public. The
14department of children and families shall designate a single subunit within that
15department to maintain appropriate records indicating the location and number of
16persons served by each community living arrangement for children, and such
17information shall be available to the public.
SB1, s. 1873 18Section 1873. 62.23 (7) (i) 8. of the statutes is amended to read:
SB1,829,2119 62.23 (7) (i) 8. The attorney general shall take all necessary action, upon the
20request of the department of health and family services or the department of children
21and families
, to enforce compliance with this paragraph.
SB1, s. 1874 22Section 1874. 66.0137 (3) of the statutes is amended to read:
SB1,830,223 66.0137 (3) Health insurance for unemployed persons. Any city, village,
24town, or county may purchase health or dental insurance for unemployed persons

1residing in the city, village, town, or county who are not eligible for medical
2assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a) or (b).
SB1, s. 1874c 3Section 1874c. 66.0137 (4) of the statutes is amended to read:
SB1,830,94 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
5a village provides health care benefits under its home rule power, or if a town
6provides health care benefits, to its officers and employees on a self-insured basis,
7the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
8632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4), (5),
9and (6), 632.895 (9) to (14) (15), 632.896, and 767.513 (4).
SB1, s. 1875m 10Section 1875m. 66.0203 (11) of the statutes is created to read:
SB1,830,1611 66.0203 (11) Town of Ledgeview in Brown County may become a village. (a)
12The town of Ledgeview, in Brown County, may become a village if the town holds, and
13approves, an incorporation referendum as described in s. 66.0211 (3). None of the
14other procedures contained in ss. 66.0201 to 66.0213 need to be fulfilled, and no
15approval by the department's incorporation review board under s. 66.0207 is
16necessary for the town to become a village.
SB1,830,2017 (b) The town of Ledgeview, in Brown County, shall enter into a boundary
18agreement with the city of De Pere, under s. 66.0307, except that the agreement need
19not be completed before the town holds a referendum on incorporation, as described
20in s. 66.0211 (3).
SB1, s. 1875p 21Section 1875p. 66.0229 of the statutes is renumbered 66.0229 (1).
SB1, s. 1875r 22Section 1875r. 66.0229 (1) (title) of the statutes is created to read:
SB1,830,2323 66.0229 (1) (title) General procedures.
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