(b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233,
234, 237, 238, or 279.
AB561,12 7Section 12. The treatment of 16.70 (2) of the statutes by 2011 Wisconsin Act
810
is not repealed by 2011 Wisconsin Act 229. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 16.70 (2) reads:
(2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch.
149 or under ch. 231, 232, 233, 234, 237, or 279.
AB561,13 9Section 13. The treatment of 16.865 (8) of the statutes by 2011 Wisconsin Act
1010
is not repealed by 2011 Wisconsin Act 229. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 16.865 (8) reads:
(8) Annually in each fiscal year, allocate as a charge to each agency a proportionate
share of the estimated costs attributable to programs administered by the agency to be
paid from the appropriation under s. 20.505 (2) (k). The department may charge

premiums to agencies to finance costs under this subsection and pay the costs from the
appropriation on an actual basis. The department shall deposit all collections under this
subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this
subsection may include judgments, investigative and adjustment fees, data processing
and staff support costs, program administration costs, litigation costs, and the cost of
insurance contracts under sub. (5). In this subsection, "agency" means an office,
department, independent agency, institution of higher education, association, society, or
other body in state government created or authorized to be created by the constitution
or any law, that is entitled to expend moneys appropriated by law, including the
legislature and the courts, but not including an authority created in subch. II of ch. 114
or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279.
AB561,14 1Section 14. The treatment of 20.395 (3) (cr) of the statutes by 2011 Wisconsin
2Act 32
is not repealed by 2011 Wisconsin Act 257. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 20.395 (3) (cr) reads:
(cr) Southeast Wisconsin freeway rehabilitation, state funds. As a continuing
appropriation, the amounts in the schedule for rehabilitation of southeast Wisconsin
freeways, including reconstruction and interim repair of the Marquette interchange in
Milwaukee County. This paragraph does not apply to the installation, replacement,
rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting,
pavement markings, or intelligent transportation systems, unless incidental to
rehabilitation of southeast Wisconsin freeways. No moneys may be encumbered from this
appropriation account after June 30, 2011. Notwithstanding s. 20.001 (3) (c), any
unencumbered balance in this appropriation account on July 1, 2011, shall be transferred
to the appropriation account under par. (cq) except that the amount specified in 2011
Wisconsin Act 32
, section 9148 (7f) (a), shall be transferred to the appropriation account
under par. (aq).
AB561,15 3Section 15. The treatment of 20.395 (3) (cy) of the statutes by 2011 Wisconsin
4Act 32
is not repealed by 2011 Wisconsin Act 257. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 20.395 (3) (cy) reads:
(cy) Southeast Wisconsin freeway rehabilitation, federal funds. All moneys
received from the federal government for rehabilitation of southeast Wisconsin freeways,
including reconstruction and interim repair of the Marquette interchange in Milwaukee
County, for such purposes. This paragraph does not apply to the installation,
replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
highway lighting, pavement markings, or intelligent transportation systems, unless
incidental to rehabilitation of southeast Wisconsin freeways. No moneys may be
encumbered from this appropriation account after June 30, 2011. Notwithstanding s.
20.001 (3) (c), any unencumbered balance in this appropriation account on July 1, 2011,
shall be transferred to the appropriation account under par. (cx) except that the amount
specified in 2011 Wisconsin Act 32, section 9148 (7f) (c), shall be transferred to the
appropriation account under par. (ax).
AB561,16 5Section 16. 20.505 (8) (hm) 5. of the statutes is amended to read:
AB561,7,2
120.505 (8) (hm) 5. The amount transferred to s. 20.255 (2) (km) shall be the
2amount in the schedule under s. 20.255 (1) (2) (km).
Note: Corrects cross-reference. Section 20.255 (2) (km) is the appropriation that
relates to moneys transferred under s. 20.505 (8) (hm) 5. Section 20.255 (1) (km) relates
to the state agency library processing center.
AB561,17 3Section 17. The treatment of 20.566 (1) (hp) of the statutes by 2011 Wisconsin
4Act 32
is not repealed by 2011 Wisconsin Act 76. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 20.566 (1) (hp) reads as follows. See also Section 114 of this bill.
(hp) Administration of income tax checkoff voluntary payments. The amounts in
the schedule for the payment of all administrative costs, including data processing costs,
incurred in administering ss. 71.10 (5), (5e), (5f), (5fm), (5g), (5h), (5i), (5j), (5k), (5km),
and (5m), and 71.30 (10). All moneys specified for deposit in this appropriation under ss.
71.10 (5) (h) 5., (5e) (h) 4., (5f) (i), (5fm) (i), (5g) (i), (5h) (i), (5i) (i), (5j) (i), (5k) (i), (5km)
(i), and (5m) (i) and 71.30 (10) (i) and (11) (i) shall be credited to this appropriation
account.
AB561,18 5Section 18. 23.293 (20) (title) of the statutes is amended to read:
AB561,7,66 23.293 (20) (title) Injunctive relief ; recovery of costs.
Note: Conforms title to the subject matter of s. 23.293 (20), which contains no
provision regarding the recovery of costs.
AB561,19 7Section 19. 26.21 (1) of the statutes is amended to read:
AB561,7,138 26.21 (1) In addition to the penalties provided in s. 26.20, the United States,
9the state, the county or private owners, whose property is injured or destroyed by
10forest fires, may recover, in a civil action, double the amount of damages suffered, if
11the fires occurred through willfulness, malice or negligence. In a civil action, a court
12may award reasonable costs for legal representation to provide private owners
13recovering damages under this subsection.
Note: Inserts correct word consistent with the previous sentence.
AB561,20 14Section 20. 29.171 (4) (b) (intro.) of the statutes, as affected by 2011 Wisconsin
15Acts 169
and 252, is amended to read:
AB561,8,3
129.171 (4) (b) (intro.) Except as provided in par. (bc), no person may use a
2crossbow in hunting as authorized by any license or permit issued under this 29.185
3(6),
chapter unless the crossbow meets all of the following specifications:
Note: The stricken text was inserted by 2011 Wis. Act 169 but was rendered
surplusage by the treatment by 2011 Wis. Act 252.
AB561,21 4Section 21. 29.182 (4) (g) of the statutes is amended to read:
AB561,8,95 29.182 (4) (g) The organization known as the Rocky Mountain Elk Foundation
6shall transfer the license awarded or under par. (f) only to a person who is qualified
7to receive a resident elk hunting license and shall transfer to that person the carcass
8tag and back tag that was issued by the department to the organization under subs.
9(6) and (7).
Note: Deletes unnecessary word.
AB561,22 10Section 22. 29.185 (7) (b) of the statutes, as created by 2011 Wisconsin Act 169,
11is amended to read:
AB561,8,1612 29.185 (7) (b) A person who harvests a wolf that has an attached or implanted
13radio telemetry device shall return the device to the department. The department
14shall inform the person, upon his or her request, of any information that has been
15collected through the telemetry device or otherwise by the department that relates
16that to the wolf that was harvested.
Note: Inserts correct word.
AB561,23 17Section 23. The treatment of 48.32 (1) (b) 1. c. of the statutes by 2011
18Wisconsin Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.32 (1) (b) 1. c. reads:
c. If a permanency plan has previously been prepared for the child, a finding as to
whether the county department, department, or agency has made reasonable efforts to
achieve the permanency goal of the child's permanency plan, including, if appropriate,
through an out-of-state placement.
AB561,24
1Section 24. The treatment of 48.33 (4) (c) of the statutes by 2011 Wisconsin
2Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.33 (4) (c) reads:
(c) Specific information showing that continued placement of the child in his or her
home would be contrary to the welfare of the child, specific information showing that the
county department, the department, in a county having a population of 500,000 or more,
or the agency primarily responsible for providing services to the child has made
reasonable efforts to prevent the removal of the child from the home, while assuring that
the child's health and safety are the paramount concerns, unless any of the circumstances
specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously
been prepared for the child, specific information showing that the county department,
department, or agency has made reasonable efforts to achieve the permanency goal of the
child's permanency plan, including, if appropriate, through an out-of-state placement.
AB561,25 3Section 25. The treatment of 48.335 (3g) (c) of the statutes by 2011 Wisconsin
4Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.335 (3g) (c) reads:
(c) That, if a permanency plan has previously been prepared for the child, the
county department, department, or agency has made reasonable efforts to achieve the
permanency goal of the child's permanency plan, including, if appropriate, through an
out-of-state placement.
AB561,26 5Section 26. The treatment of 48.355 (2) (b) 6. of the statutes by 2011 Wisconsin
6Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.355 (2) (b) 6. reads:
6. If the child is placed outside the home, a finding that continued placement of the
child in his or her home would be contrary to the welfare of the child, a finding as to
whether the county department, the department, in a county having a population of
500,000 or more, or the agency primarily responsible for providing services under a court
order has made reasonable efforts to prevent the removal of the child from the home,
while assuring that the child's health and safety are the paramount concerns, unless the
court finds that any of the circumstances specified in sub. (2d) (b) 1. to 5. applies, and, if
a permanency plan has previously been prepared for the child, a finding as to whether
the county department, department, or agency has made reasonable efforts to achieve the
permanency goal of the child's permanency plan, including, if appropriate, through an
out-of-state placement. The court shall make the findings specified in this subdivision
on a case-by-case basis based on circumstances specific to the child and shall document
or reference the specific information on which those findings are based in the court order.
A court order that merely references this subdivision without documenting or referencing
that specific information in the court order or an amended court order that retroactively
corrects an earlier court order that does not comply with this subdivision is not sufficient
to comply with this subdivision.
AB561,27
1Section 27. The treatment of 48.365 (2m) (a) 1. of the statutes by 2011
2Wisconsin Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.365 (2m) (a) 1. reads:
1. Any party may present evidence relevant to the issue of extension. If the child
is placed outside of his or her home, the person or agency primarily responsible for
providing services to the child shall present as evidence specific information showing that
the person or agency has made reasonable efforts to achieve the permanency goal of the
child's permanency plan, including, if appropriate, through an out-of-state placement.
If an Indian child is placed outside the home of his or her parent or Indian custodian, the
person or agency primarily responsible for providing services to the Indian child shall also
present as evidence specific information showing that active efforts under s. 48.028 (4)
(d) 2. have been made to prevent the breakup of the Indian child's family and that those
efforts have proved unsuccessful.
AB561,28 3Section 28. The treatment of 48.365 (2m) (a) 1m. of the statutes by 2011
4Wisconsin Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.365 (2m) (a) 1m. reads:
1m. The judge shall make findings of fact and conclusions of law based on the
evidence. The findings of fact shall include a finding as to whether reasonable efforts
were made by the person or agency primarily responsible for providing services to the
child to achieve the permanency goal of the child's permanency plan, including, if
appropriate, through an out-of-state placement. If the child is an Indian child who is
placed outside the home of his or her parent or Indian custodian, the findings of fact shall
also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to prevent
the breakup of the Indian child's family and that those efforts have proved unsuccessful.
An order shall be issued under s. 48.355.
AB561,29 5Section 29. 48.38 (4m) (title) of the statutes, as affected by 2011 Wisconsin
6Acts 181
and 285, is amended to read:
AB561,10,87 48.38 (4m) (title) Reasonable efforts not required; permanency plan
8determination hearing.
Note: 2011 Wis. Act 258 repealed and recreated all of s. 48.38 (4m), including the
title as it previously existed. 2011 Wis. Act 181 amended the title to remove "plan." This
section gives effect to the Act 181 treatment.
AB561,30 9Section 30. The treatment of 48.38 (5) (c) 7. of the statutes by 2011 Wisconsin
10Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5) (c) 7. reads:

7. Whether reasonable efforts were made by the agency to achieve the permanency
goal of the permanency plan, including, if appropriate, through an out-of-state
placement.
AB561,31 1Section 31. The treatment of 48.38 (5m) (b) of the statutes by 2011 Wisconsin
2Act 181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5m) (b) reads:
(b) Not less than 30 days before the date of the hearing, the court shall notify the
child; the child's parent, guardian, and legal custodian; and the child's foster parent, the
operator of the facility in which the child is living, or the relative with whom the child is
living of the time, place, and purpose of the hearing, of the issues to be determined at the
hearing, and of the fact that they shall have a right to be heard at the hearing as provided
in par. (c) 1. and shall notify the child's counsel, the child's guardian ad litem, and the
child's court-appointed special advocate; the agency that prepared the permanency plan;
the person representing the interests of the public; and, if the child is an Indian child who
is placed outside the home of his or her parent or Indian custodian, the Indian child's
Indian custodian and tribe of the time, place, and purpose of the hearing, of the issues to
be determined at the hearing, and of the fact that they may have an opportunity to be
heard at the hearing as provided in par. (c) 1.
AB561,32 3Section 32. The treatment of 48.43 (5m) of the statutes by 2011 Wisconsin Act
4181
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.43 (5m) reads:
(5m) Either the court or the agency that prepared the permanency plan shall
furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years
of age or over, to the child's guardian, to the child's foster parent, the operator of the
facility in which the child is living, or the relative with whom the child is living, and, if
the order under sub. (1) involuntarily terminated parental rights to an Indian child, to
the Indian child's tribe.
AB561,33 5Section 33. The treatment of 48.685 (1) (b) of the statutes by 2011 Wisconsin
6Act 32
is not repealed by 2011 Wisconsin Act 87. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (1) (b) reads:
(b) "Entity" means a child welfare agency that is licensed under s. 48.60 to provide
care and maintenance for children, to place children for adoption, or to license foster
homes; a foster home that is licensed under s. 48.62; an interim caretaker to whom
subsidized guardianship payments are made under s. 48.623 (6); a group home that is
licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care
center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14);
a child care provider that is certified under s. 48.651; an organization that facilitates
delegations of the care and custody of children under s. 48.979; or a temporary
employment agency that provides caregivers to another entity.
AB561,34
1Section 34. The treatment of 48.685 (2) (am) 5. of the statutes by 2011
2Wisconsin Act 32
is not repealed by 2011 Wisconsin Act 87. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (2) (am) 5. reads:
5. Information maintained by the department of health services under this section
and under ss. 48.623 (6) (b), 48.651 (2m), 48.75 (1m), 48.979 (1) (b), and 120.13 (14)
regarding any denial to the person of a license, continuation or renewal of a license,
certification, or a contract to operate an entity, or of payments under s. 48.623 (6) for
operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial
to the person of employment at, a contract with, or permission to reside at an entity or
of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason
specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision
indicates that the person has been denied a license, continuation or renewal of a license,
certification, a contract, payments, employment, or permission to reside as described in
this subdivision, the department, a county department, an agency contracted with under
s. 48.651 (2), a child welfare agency, or a school board need not obtain the information
specified in subds. 1. to 4.
AB561,35 3Section 35. The treatment of 48.685 (2) (b) 1. e. of the statutes by 2011
4Wisconsin Act 32
is not repealed by 2011 Wisconsin Act 87. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (2) (b) 1. e. reads:
e. Information maintained by the department of health services under this section
and under ss. 48.623 (6) (b), 48.651 (2m), 48.75 (1m), 48.979 (1) (b), and 120.13 (14)
regarding any denial to the person of a license, continuation or renewal of a license,
certification, or a contract to operate an entity, or of payments under s. 48.623 (6) for
operating an entity, for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial
to the person of employment at, a contract with, or permission to reside at an entity or
of permission to reside with a caregiver specified in sub. (1) (ag) 1. am. for a reason
specified in sub. (4m) (b) 1. to 5. If the information obtained under this subd. 1. e. indicates
that the person has been denied a license, continuation or renewal of a license,
certification, a contract, payments, employment, or permission to reside as described in
this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
AB561,36 5Section 36. The treatment of 48.685 (3) (b) of the statutes by 2011 Wisconsin
6Act 87
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (3) (b) reads:
(b) Subject to par. (bm), every 4 years or at any time within that period that an
entity considers appropriate, the entity shall request the information specified in sub. (2)
(b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. or am. of the
entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1. am. of the
entity.
AB561,37 7Section 37. The treatment of 48.685 (5) (a) of the statutes by 2011 Wisconsin
8Act 32
is not repealed by 2011 Wisconsin Act 87. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (5) (a) reads:
(a) Subject to pars. (bm) and (br), the department may license to operate an entity,
the department in a county having a population of 500,000 or more, a county department,
or an agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county
department or a child welfare agency may license under s. 48.62, the department in a
county having a population of 750,000 or more or a county department may provide
subsidized guardianship payments under s. 48.623 (6), and a school board may contract
with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or
contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ,
contract with, or permit to reside at the entity or permit to reside with a caregiver
specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be employed,
provided payments, contracted with, or permitted to reside at the entity or with that
caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the
department, the county department, the contracted agency, the child welfare agency, or
the school board or, in the case of an entity that is located within the boundaries of a
reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3.,
by clear and convincing evidence and in accordance with procedures established by the
department by rule or by the tribe that he or she has been rehabilitated.
AB561,38 1Section 38. The treatment of 48.685 (5m) of the statutes by 2011 Wisconsin
2Act 32
is not repealed by 2011 Wisconsin Act 87. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (5m) reads:
(5m) Notwithstanding s. 111.335, the department may refuse to license a person
to operate an entity, a county department or a child welfare agency may refuse to license
a foster home under s. 48.62, the department in a county having a population of 750,000
or more or a county department may refuse to provide subsidized guardianship payments
to a person under s. 48.623 (6), and an entity may refuse to employ or contract with a
caregiver or permit a nonclient resident to reside at the entity or with a caregiver
specified in sub. (1) (ag) 1. am. of the entity if the person has been convicted of an offense
that is not a serious crime, but that is, in the estimation of the department, county
department, child welfare agency, or entity, substantially related to the care of a client.
Notwithstanding s. 111.335, the department may refuse to license a person to operate a
child care center, the department in a county having a population of 500,000 or more, a
county department, or an agency contracted with under s. 48.651 (2) may refuse to certify
a child care provider under s. 48.651, a school board may refuse to contract with a person
under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established
or contracted for under s. 120.13 (14) or a child care provider that is certified under s.
48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident
to reside at the child care center or child care provider if the person has been convicted
of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not
a serious crime, but that is, in the estimation of the department, county department,
contracted agency, school board, child care center, or child care provider, substantially
related to the care of a client.
AB561,39 3Section 39. The treatment of 48.685 (6) (am) of the statutes by 2011 Wisconsin
4Act 87
is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (6) (am) reads:
(am) Except as provided in this paragraph, every 4 years an entity shall require
all of its caregivers and all nonclient residents of the entity or of a caregiver specified in
sub. (1) (ag) 1. am. of the entity to complete a background information form that is
provided to the entity by the department. Every year a child care center that is licensed
under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider
that is certified under s. 48.651 shall require all of its caregivers and nonclient residents
to complete a background information form that is provided to the child care center or
child care provider by the department.
AB561,40 1Section 40. The treatment of 49.148 (1m) (a) 1. of the statutes by 2011
2Wisconsin Act 32
is not repealed by 2011 Wisconsin Act 257. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 49.148 (1m) (a) 1. reads:
1. A custodial parent of a child 8 weeks old or less who meets the eligibility
requirements under s. 49.145 (2) and (3), unless another adult member of the custodial
parent's Wisconsin Works group is participating in, or is eligible to participate in, a
Wisconsin Works employment position or is employed in unsubsidized employment, as
defined in s. 49.147 (1).
AB561,41 3Section 41. The treatment of 59.70 (1) of the statutes by 2011 Wisconsin Act
4146
is not repealed by 2011 Wisconsin Act 150. Both treatments stand.
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