AB561: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.002 (2) reads:

(2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB561,10 Section 10. The treatment of 16.045 (1) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229.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. 16.045 (1) (a) reads:

(a) "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.

AB561,11 Section 11. The treatment of 16.417 (1) (b) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229.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. 16.417 (1) (b) reads:

(b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

AB561,12 Section 12. The treatment of 16.70 (2) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229.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 Section 13. The treatment of 16.865 (8) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229.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 Section 14. The treatment of 20.395 (3) (cr) of the statutes by 2011 Wisconsin 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. 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 Section 15. The treatment of 20.395 (3) (cy) of the statutes by 2011 Wisconsin 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. 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 Section 16. 20.505 (8) (hm) 5. of the statutes is amended to read:

AB561,7,2 20.505 (8) (hm) 5. The amount transferred to s. 20.255 (2) (km) shall be the amount 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 Section 17. The treatment of 20.566 (1) (hp) of the statutes by 2011 Wisconsin Act 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 Section 18. 23.293 (20) (title) of the statutes is amended to read:

AB561,7,6 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 Section 19. 26.21 (1) of the statutes is amended to read:

AB561,7,13 26.21 (1) In addition to the penalties provided in s. 26.20, the United States, the state, the county or private owners, whose property is injured or destroyed by forest fires, may recover, in a civil action, double the amount of damages suffered, if the fires occurred through willfulness, malice or negligence. In a civil action, a court may award reasonable costs for legal representation to provide private owners recovering damages under this subsection.

Note: Inserts correct word consistent with the previous sentence.

AB561,20 Section 20. 29.171 (4) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 169 and 252, is amended to read:

AB561,8,3 29.171 (4) (b) (intro.) Except as provided in par. (bc), no person may use a crossbow in hunting as authorized by any license or permit issued under this 29.185 (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 Section 21. 29.182 (4) (g) of the statutes is amended to read:

AB561,8,9 29.182 (4) (g) The organization known as the Rocky Mountain Elk Foundation shall transfer the license awarded or under par. (f) only to a person who is qualified to receive a resident elk hunting license and shall transfer to that person the carcass tag and back tag that was issued by the department to the organization under subs. (6) and (7).

Note: Deletes unnecessary word.

AB561,22 Section 22. 29.185 (7) (b) of the statutes, as created by 2011 Wisconsin Act 169, is amended to read:

AB561,8,16 29.185 (7) (b) A person who harvests a wolf that has an attached or implanted radio telemetry device shall return the device to the department. The department shall inform the person, upon his or her request, of any information that has been collected through the telemetry device or otherwise by the department that relates that to the wolf that was harvested.

Note: Inserts correct word.

AB561,23 Section 23. The treatment of 48.32 (1) (b) 1. c. of the statutes by 2011 Wisconsin 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 Section 24. The treatment of 48.33 (4) (c) of the statutes by 2011 Wisconsin 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. 48.33 (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 Section 25. The treatment of 48.335 (3g) (c) of the statutes by 2011 Wisconsin 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. 48.335 (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 Section 26. The treatment of 48.355 (2) (b) 6. of the statutes by 2011 Wisconsin 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. 48.355 (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 Section 27. The treatment of 48.365 (2m) (a) 1. of the statutes by 2011 Wisconsin 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 Section 28. The treatment of 48.365 (2m) (a) 1m. of the statutes by 2011 Wisconsin 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 Section 29. 48.38 (4m) (title) of the statutes, as affected by 2011 Wisconsin Acts 181 and 285, is amended to read:

AB561,10,8 48.38 (4m) (title) Reasonable efforts not required; permanency plan determination 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 Section 30. The treatment of 48.38 (5) (c) 7. of the statutes by 2011 Wisconsin 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. 48.38 (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 Section 31. The treatment of 48.38 (5m) (b) of the statutes by 2011 Wisconsin 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. 48.38 (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 Section 32. The treatment of 48.43 (5m) of the statutes by 2011 Wisconsin 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. 48.43 (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 Section 33. The treatment of 48.685 (1) (b) of the statutes by 2011 Wisconsin 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 (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 Section 34. The treatment of 48.685 (2) (am) 5. of the statutes by 2011 Wisconsin 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 Section 35. The treatment of 48.685 (2) (b) 1. e. of the statutes by 2011 Wisconsin 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 Section 36. The treatment of 48.685 (3) (b) of the statutes by 2011 Wisconsin Act 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 Section 37. The treatment of 48.685 (5) (a) of the statutes by 2011 Wisconsin 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 (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 Section 38. The treatment of 48.685 (5m) of the statutes by 2011 Wisconsin 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 (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.