1997 Wisconsin Act 191

191,16 Section 16 . 29.1085 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.1085 (3) (c) 1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the required fee shall be issued the license subject to s. 29.09 (11m).

191,17 Section 17 . 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

29.1085 (3) (c) 2. A Class B bear license shall be issued subject to s. 29.09 (11m) by the department or by a county clerk to any resident who applies for this license and who pays the required fee.

191,18 Section 18 . 29.134 (3) of the statutes is amended to read:

29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m), by the department upon application. The form of application and license shall be prescribed by the department.

191,19 Section 19 . 29.135 (3) of the statutes is amended to read:

29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m), 29.99 or 29.995.

191,20 Section 20 . 29.138 (5m) of the statutes is created to read:

29.138 (5m) Denial and revocation of approvals based on child support delinquency. (a) The band is requested to enter into a memorandum of understanding with the department of workforce development under s. 49.857.

(b) The band is requested to enact tribal laws or ordinances that require each person, as a condition of being issued an approval under this section, to provide to the band his or her social security number and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of workforce development for the purpose of administering s. 49.22.

(c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development certifies that the applicant for or the holder of the approval has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

(d) Section 29.09 (11m) does not apply to approvals issued under this section.

191,21 Section 21 . 29.145 (1c) (intro.) of the statutes is amended to read:

29.145 (1c) Fishing license for disabled persons. (intro.) The department shall issue, subject to s. 29.09 (11m), an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

191,22 Section 22 . 29.33 (2) (d) of the statutes is amended to read:

29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

191,23 Section 23 . 29.521 (2) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.521 (2) (a) The department, subject to s. 29.09 (11m), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

191,24 Section 24. 29.521 (2) (c) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

29.521 (2) (c) 1. The department, subject to s. 29.09 (11m), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

191,25 Section 25 . 29.544 (3) of the statutes is amended to read:

29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term “immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

191,26 Section 26 . 29.573 (2) of the statutes is amended to read:

29.573 (2) No license shall be granted may be issued unless the applicant owns or has under lease the area for which the license is granted issued. Boundaries of the area licensed shall be defined and posted as prescribed by the department.

191,27 Section 27 . 29.574 (3) of the statutes is amended to read:

29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

191,28 Section 28 . 29.575 (3) of the statutes is amended to read:

29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

191,29 Section 29 . 29.575 (4) of the statutes is amended to read:

29.575 (4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.

191,30 Section 30 . 29.578 (4) of the statutes is amended to read:

29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) applies to the issuance of licenses under this subsection.

191,31 Section 31 . 29.578 (5) of the statutes is amended to read:

29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m), if the licensee has not violated any of the provisions under which it was granted issued.

191,32 Section 32 . 29.578 (11) of the statutes is amended to read:

29.578 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted issued and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.

191,33 Section 33 . 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

29.578 (14) (am) The Subject to s. 29.09 (11m), the department may issue special retail deer sale permits authorizing a person to retail venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

191,34 Section 34 . 29.578 (14) (b) (intro.) of the statutes is amended to read:

29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory it, the department, subject to s. 29.09 (11m), shall issue a venison serving permit conditioned as follows:

191,35 Section 35 . 29.585 (1) of the statutes is amended to read:

29.585 (1) The department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The form of application and license shall be prescribed by the department.

191,36 Section 36 . 29.585 (3) of the statutes is amended to read:

29.585 (3) No wildlife exhibition license shall be granted may be issued by the department until it is satisfied that the provisions for housing and caring for such wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

191,37 Section 37 . 40.08 (1c) of the statutes is created to read:

40.08 (1c) Withholding of annuity payments. Notwithstanding sub. (1), any monthly annuity paid under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject to s. 767.265. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment pursuant to s. 767.265.

191,38 Section 38 . 40.08 (1g) of the statutes is created to read:

40.08 (1g) Withholding of lump sum payments. Notwithstanding sub. (1), any lump sum payment made under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject to s. 49.852. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any lump sum payment pursuant to s. 49.852.

191,39 Section 39 . 46.251 of the statutes is renumbered 49.225.

191,40 Section 40 . 48.02 (13) of the statutes is amended to read:

48.02 (13) “Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, “parent" includes a person adjudged in a judicial proceeding acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. “Parent" does not include any person whose parental rights have been terminated.

191,41 Section 41 . 48.396 (2) (dm) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

191,42 Section 42 . 48.42 (4) (b) 2. of the statutes is amended to read:

48.42 (4) (b) 2. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and paternity has not been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated, the court may, as provided in s. 48.422 (6) (b), order publication of a notice under subd. 4.

191,43 Section 43 . 48.66 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

48.66 (1) The Except as provided under s. 48.715 (6), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The Except as provided under s. 48.715 (6), the department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children. A license issued under this subsection, other than a license to operate a foster home, treatment foster home or secured child caring institution, is valid until revoked or suspended. A license issued under this subsection to operate a foster home, treatment foster home or secured child caring institution may be for any term not to exceed 2 years from the date of issuance. No license issued under this subsection is transferable.

191,44 Section 44 . 48.66 (2) of the statutes is amended to read:

48.66 (2) The department shall prescribe application forms to be used by all applicants for licenses from it. The application forms prescribed by the department shall require that the social security numbers of all applicants for a license to operate a child welfare agency, group home, shelter care facility or day care center who are individuals be provided.

191,45 Section 45 . 48.66 (2m) of the statutes is created to read:

48.66 (2m) (a) The department of health and family services shall require each applicant for a license under sub. (1) to operate a child welfare agency, group home, shelter care facility or day care center who is an individual, and the department of corrections shall require each applicant for a license under sub. (1) to operate a secured child caring institution who is an individual, to provide that department with his or her social security number when initially applying for or applying to renew the license.

(b) The department of health and family services and the department of corrections may not issue or renew a license specified in par. (a) to or for an applicant who is an individual unless the applicant has provided his or her social security number to that department.

(c) The department of health and family services and the department of corrections may disclose a social security number obtained under par. (a) only on the request of the department of workforce development under s. 49.22 (2m).

191,46 Section 46 . 48.69 of the statutes is amended to read:

48.69 Probationary licenses. If Except as provided under s. 48.715 (6), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.

191,47 Section 47 . 48.715 (6) of the statutes is created to read:

48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

191,48 Section 48 . 48.72 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

48.72 Appeal procedure. Any Except as provided in s. 48.715 (6), any person aggrieved by the department's refusal or failure to issue, renew or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

191,49 Section 49 . 48.837 (4) (e) of the statutes is amended to read:

48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

191,50 Section 50 . 48.91 (2) of the statutes is amended to read:

48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether paternity has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or in another jurisdiction. If the court finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025.

191,51 Section 51 . 49.124 (1g) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

49.124 (1g) (a) The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, and obtaining support payments, if any, or other payments or property, if any, to which that individual or the child may have rights. This paragraph does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

191,52 Section 52 . 49.145 (2) (f) 1. of the statutes is renumbered 49.145 (2) (f) 1. (intro.) and amended to read:

49.145 (2) (f) 1. (intro.) Subject to subd. 2., the individual all of the following conditions are met:

a. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing the paternity of the dependent any minor child and of that parent regardless of whether the parent is the custodial or noncustodial parent of that child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

b. Every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at obtaining support payments or any other payments or property to which that individual parent and the dependent any minor child of that parent may have rights or for which that parent may be responsible, regardless of whether the parent is the custodial or noncustodial parent of the minor child. Such cooperation shall be in accordance with federal law and regulations and rules promulgated by the department applicable to paternity establishment and collection of support payments and may not be required if the parent has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

191,53 Section 53 . 49.145 (2) (f) 2. of the statutes is amended to read:

49.145 (2) (f) 2. An individual who is a member of a Wisconsin works group that fails 3 times to meet the requirements under subd. 1. remains ineligible until the individual cooperates all of the members of Wisconsin works group cooperate or for a period of 6 months, whichever is later.

191,54 Section 54 . 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 49.22 (2m) (a) and amended to read:

49.22 (2m) (a) The department may request from any person in this state any information it determines appropriate and necessary for the administration of this section, ss. 49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this subsection paragraph. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this subsection paragraph only in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Employes of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83.

191,55 Section 55 . 49.22 (2m) (am) of the statutes is created to read:

49.22 (2m) (am) In conjunction with any request for information under par. (a), including a request made by subpoena under par. (b), the department or county child support agency under s. 59.53 (5) shall advise the person of the time by which the information must be provided and of any consequences to the person under par. (d) that may result from a failure to respond or comply with the request.

191,56 Section 56 . 49.22 (2m) (b) of the statutes is created to read:

49.22 (2m) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

191,57 Section 57 . 49.22 (2m) (bc) of the statutes is created to read: