AB651-ASA2, s. 14
8Section
14. 25.68 of the statutes, as created by 1997 Wisconsin Act .... (this
9act), is repealed and recreated to read:
AB651-ASA2,11,12
1025.68 Support collections trust fund. There is created a separate
11nonlapsible trust fund designated as the support collections trust fund, to consist of
12all of the following:
AB651-ASA2,11,14
13(1) All moneys received by the department of workforce development under s.
1449.854, except for moneys received under s. 49.854 (11) (b).
AB651-ASA2,11,16
15(2) All moneys received under ss. 767.265 and 767.29 for child or family
16support, maintenance or spousal support, health care expenses or birth expenses.
AB651-ASA2,11,19
17(3) All moneys not specified under sub. (2) that are received under a judgment
18or order in an action affecting the family, as defined in s. 767.02 (1), by the
19department of workforce development or its designee.
AB651-ASA2,11,2421
29.09
(11m) Denial and revocation of approvals based on child support
22delinquency. (a)
Social security numbers required. The department shall require
23an applicant who is an individual to provide his or her social security number as a
24condition of applying for, or applying to renew, any of the following approvals:
AB651-ASA2,11,2525
1. Any license issued under this chapter.
AB651-ASA2,12,1
12. Any permit issued under s. 29.38, 29.521, 29.525, 29.53 or 29.578.
AB651-ASA2,12,22
3. A wild rice identification card issued under s. 29.544.
AB651-ASA2,12,53
(b)
Duplicates. For purposes of this subsection, an application for a duplicate
4of an approval specified in par. (a) shall be considered an application for the issuance
5of the approval.
AB651-ASA2,12,96
(c)
Disclosure of social security numbers. The department of natural resources
7may not disclose any social security numbers received under par. (a) to any person
8except to the department of workforce development for the sole purpose of
9administering s. 49.22.
AB651-ASA2,12,1910
(d)
Denial of approvals. 1. As provided in the memorandum of understanding
11required under s. 49.857 (2), the department shall deny an application to issue or
12renew, suspend if already issued or otherwise withhold or restrict an approval
13specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is
14delinquent in making court-ordered payments of child or family support,
15maintenance, birth expenses, medical expenses or other expenses related to the
16support of a child or former spouse or if the applicant or holder fails to comply with
17a subpoena or warrant issued by the department of workforce development or a
18county child support agency under s. 59.53 (5) and relating to paternity or child
19support proceedings.
AB651-ASA2,12,2320
2. As provided in the memorandum of understanding required under s. 49.857
21(2), the department shall deny an application to issue or renew an approval specified
22in par. (a) 1. to 3. if the applicant for or the holder of the approval fails to provide his
23or her social security number as required under par. (a).
AB651-ASA2,13,4
129.1085
(3) (c) 1. The department shall issue a notice of approval to those
2qualified applicants selected to receive a Class A bear license. A person who receives
3a notice of approval and who pays the required fee shall be issued the license
subject
4to s. 29.09 (11m).
AB651-ASA2,13,97
29.1085
(3) (c) 2. A Class B bear license shall be issued subject to s. 29.09
(11m) 8by the department or by a county clerk to any resident who applies for this license
9and who pays the required fee.
AB651-ASA2,13,1311
29.134
(3) Licenses shall be issued
, subject to s. 29.09 (11m), by the department
12upon application. The form of application and license shall be prescribed by the
13department.
AB651-ASA2,13,1815
29.135
(3) Issuance. The department shall issue a wholesale fish dealer license
16to any person 18 years of age or older who applies for this license, if that person is
17not otherwise prohibited from being issued a license under s.
29.09 (11m), 29.99 or
1829.995.
AB651-ASA2,13,2220
29.138
(5m) Denial and revocation of approvals based on child support
21delinquency. (a) The band is requested to enter into a memorandum of
22understanding with the department of workforce development under s. 49.857.
AB651-ASA2,14,223
(b) The band is requested to enact tribal laws or ordinances that require each
24person, as a condition of being issued an approval under this section, to provide to
25the band his or her social security number and tribal laws or ordinances that prohibit
1the disclosure of that number by the band to any other person except to the
2department of workforce development for the purpose of administering s. 49.22.
AB651-ASA2,14,133
(c) The band is requested to enact tribal laws or ordinances that deny an
4application to issue or renew, suspend if already issued or otherwise withhold or
5restrict an approval issued under this section if the applicant for or the holder of the
6approval fails to provide the information required under tribal laws or ordinances
7enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena
8or warrant issued by the department of workforce development or a county child
9support agency under s. 59.53 (5) and related to paternity or child support
10proceedings
or if the department of workforce development certifies that the
11applicant for or the holder of the approval has failed to pay court-ordered payments
12of child or family support, maintenance, birth expenses, medical expenses or other
13expenses related to the support of a child or former spouse.
AB651-ASA2,14,1414
(d) Section 29.09 (11m) does not apply to approvals issued under this section.
AB651-ASA2, s. 21
15Section
21. 29.145 (1c) (intro.) of the statutes is amended to read:
AB651-ASA2,14,1816
29.145
(1c) Fishing license for disabled persons. (intro.) The department
17shall issue
, subject to s. 29.09 (11m), an annual disabled person fishing license to any
18resident who applies for this license and who does one of the following:
AB651-ASA2,15,620
29.33
(2) (d)
Transfer of license. The department may, upon application, permit
21the transfer of a license to any similar boat during the time a licensed boat is disabled
22or undergoing repairs or upon the sale of a licensed boat. The department shall
23promulgate rules governing the transfer of commercial fishing licenses between
24individuals equally qualified to hold the licenses and to members of a licensee's
25immediate family provided the rules assure the wise use and conservation of the fish
1resources being harvested under the license. The rules shall relate only to those
2waters in which the number of licenses is limited. The commercial fishing boards,
3under sub. (7), shall approve or deny transfers of commercial fishing licenses in
4accordance with the rules promulgated under this section.
For purposes of s. 29.09
5(11m), a transfer of a license under this section shall be considered an issuance of a
6license to the transferee.
AB651-ASA2,15,129
29.521
(2) (a) The department
, subject to s. 29.09 (11m), shall issue a permit
10under this subsection for a natural body of water specified under sub. (1) (c) 1. if the
11department determines that no substantial public interest exists in the body of water
12and that no public or private rights in the body of water will be damaged.
AB651-ASA2,15,1915
29.521
(2) (c) 1. The department
, subject to s. 29.09 (11m), shall renew a permit
16issued under this subsection unless the department determines that there has been
17a substantial change in circumstances that is related to a determination made under
18par. (a) for the natural body of water or that is related to the application of the criteria
19promulgated under par. (f) to the body of water.
AB651-ASA2,16,421
29.544
(3) License required exceptions; wild rice identification card. Every
22person over the age of 16 and under the age of 65 shall obtain the appropriate wild
23rice license to harvest or deal in wild rice but no license to harvest is required of the
24members of the immediate family of a licensee or of a recipient of old-age assistance
25or members of their immediate families. The department
, subject to s. 29.09 (11m),
1shall issue a wild rice identification card to each member of a licensee's immediate
2family, to a recipient of old-age assistance and to each member of the recipient's
3family. The term "immediate family" includes husband and wife and minor children
4having their abode and domicile with the parent or legal guardian.
AB651-ASA2,16,86
29.573
(2) No license
shall be granted
may be issued unless the applicant owns
7or has under lease the area for which the license is
granted issued. Boundaries of
8the area licensed shall be defined and posted as prescribed by the department.
AB651-ASA2,17,810
29.574
(3) Upon the filing of such declaration the department shall forthwith
11investigate the same and may require the applicant to produce satisfactory evidence
12of the facts therein stated. It will be necessary for the licensee to purchase all wild
13game within the boundaries of the proposed farm of the species designated in the
14license, and to effect this purpose the department thereupon shall appoint one
15member, the applicant one member, and these 2 shall select a 3rd member, the 3 to
16act as a board to go upon the lands embraced within the proposed license and
17determine as near as possible the number of wild birds and animals of the desired
18species thereon at the time of the
granting issuing of the license. The necessary
19expenses of all of the members of such board shall be paid by the licensee. Within
2030 days after the date of such determination as accepted by the department the
21licensee shall pay to the department a specified sum as may be determined by the
22department for those species of wild birds or wild animals on the lands that are
23desired for propagation purposes, the title of which rests in the state. If upon such
24examination it appears that the applicant is the owner or lessee of said lands, and
25the applicant intends in good faith to establish, operate and maintain a game bird
1and animal farm,
subject to s. 29.09 (11m), the department shall issue a license to
2the applicant describing such lands, and certifying that the licensee is lawfully
3entitled to use the same for the breeding, propagating, killing and selling of such
4game birds and animals thereon according to this section. When such license has
5been
granted issued, the licensee shall become the owner of all such game birds or
6animals thereon of the species licensed and of all of their offspring actually produced
7thereon and remaining thereon, subject however to the jurisdiction of the
8department over all game.
AB651-ASA2,17,1710
29.575
(3) Upon the filing of such declaration the department shall investigate
11and may require the applicant to produce satisfactory evidence of the facts stated in
12the declaration. If it appears that the applicant is the owner or lessee of the lands,
13and that the applicant intends in good faith to establish, operate and maintain a fur
14animal farm,
subject to s. 29.09 (11m), the department shall issue a license to the
15applicant. The license shall describe the lands and shall certify that the licensee is
16entitled to use the same for dealing, breeding, propagating and trapping fur animals
17on the land described in the license.
AB651-ASA2,18,819
29.575
(4) Upon issuance of the license, the department shall appoint one
20person, the applicant shall appoint one person, and these 2 shall select a 3rd person
21to enter the lands and determine the number of fur animals thereon at the time of
22the
granting issuing of the license. The necessary expenses of these persons shall
23be paid by the licensee. Within 10 days after the date of such determination, the
24licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat,
25$2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each
1skunk so found on such lands. Only those animals to be licensed under the fur animal
2farm are to be paid for. When such payment has been made the licensee shall become
3owner of such fur animals on said lands and of all of their offspring remaining
4thereon. The licensee shall have the right to manage and control said lands and the
5licensed fur animals thereon, to take the same at any time or in any manner, subject
6to s. 29.245, which the licensee sees fit and deems to the best advantage of the
7licensee's business, and to sell and transport at any time said fur animals or the pelts
8taken from them.
AB651-ASA2,19,210
29.578
(4) The licensee shall pay to the department $25 for each deer so found
11on such lands. When such payment has been made and the license issued, the
12licensee shall become the owner of all deer on said lands and of all their offspring.
13The licensee shall have the right to manage and control said lands and the deer
14thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this
15section. If upon examination it shall appear that the applicant is the owner or lessee
16of said lands, and that the applicant intends in good faith to establish, operate and
17maintain a deer farm, the department may inform the applicant that as soon as the
18applicant has built a suitable deer fence around the area to be included within the
19license, it will issue the same. Said deer-tight fence shall be built in accordance with
20specifications prescribed by the department; provided, the department may issue a
21license for such deer farms heretofore established if the fence actually inclosing said
22farm is in fact sufficient to hold deer therein. After the complete installation of such
23fence and after the department has satisfied itself that it is satisfactory and complies
24with the law, it may issue a license to the applicant describing such lands, and
25certifying that the licensee is lawfully entitled to use the same for the breeding,
1propagating, killing and selling of deer thereon according to this section.
Section
229.09 (11m) applies to the issuance of licenses under this subsection.
AB651-ASA2,19,64
29.578
(5) The deer farm license shall be renewed each year
, subject to s. 29.09
5(11m), if the licensee has not violated any of the provisions under which it was
6granted issued.
AB651-ASA2,20,58
29.578
(11) Each license shall be accepted by the licensee upon the condition
9that the licensee will comply with this section and with all provisions of law and that
10the licensee will honestly operate said deer farm for the purpose of propagating deer;
11that the title to the deer in the inclosure for which a license has been
granted issued 12and for which the applicant has paid the state at the rate of $25 per deer, shall be
13conditional upon the applicant and licensee honestly and fairly complying with this
14section and provisions of law relating to the operation of deer farms; and in the action
15to revoke the license of said licensee, or to establish the licensee's unfitness to further
16operate said deer farm, the court, in the judgment, in the event it is determined that
17the applicant and licensee has violated this section and the provisions of law relating
18to the operation of deer farms, shall provide that the title to all of the deer within said
19inclosure together with all of the increase therefrom be forfeited to the state; that the
20said tract of land shall not be used for a deer farm for a period of 5 years and until
21a new license therefor, after said 5 years, has been issued by the department as
22provided in this section; that the department shall within 30 days of the notice of
23entry of judgment enter upon said tract and open the said fences in such a manner
24as to give the inclosed animals free egress and may drive the said animals out of the
25inclosure if in the opinion of the department it is for the best interests of the state;
1said lands for which said license has been forfeited may be used by the owner thereof
2for all lawful purposes except the propagating of deer during said time, and during
3said 5 year period said lands shall be a sanctuary and no hunting or trapping of any
4kind or character shall be practiced therein or thereon. The department shall in such
5event duly post notices thereof at intervals of 10 rods around the entire tract.
AB651-ASA2,20,108
29.578
(14) (am)
The Subject to s. 29.09 (11m), the department may issue
9special retail deer sale permits authorizing a person to retail venison in the carcass
10from a deer lawfully killed under this section to any retailer of meats.
AB651-ASA2, s. 34
11Section
34. 29.578 (14) (b) (intro.) of the statutes is amended to read:
AB651-ASA2,20,1712
29.578
(14) (b) (intro.) Any person may serve venison obtained from a deer farm
13licensed under this section if the person has a venison serving permit from the
14department. The application for this permit shall be in the form and include the
15information the department requires. If the department after investigation is
16satisfied that the application is satisfactory
it, the department, subject to s. 29.09
17(11m), shall issue a venison serving permit conditioned as follows:
AB651-ASA2,20,2219
29.585
(1) The department may
grant
issue licenses for wildlife exhibits which
20are defined as any place where one or more live wild animals are kept in captivity
21for the purpose of exhibition or for advertising purposes. The form of application and
22license shall be prescribed by the department.
AB651-ASA2,21,224
29.585
(3) No wildlife exhibition license
shall be granted may be issued by the
25department until it is satisfied that the provisions for housing and caring for such
1wild animals and for protecting the public are proper and adequate and in
2accordance with the standards therefor established by the department.
AB651-ASA2,21,94
40.08
(1c) Withholding of annuity payments. Notwithstanding sub. (1), any
5monthly annuity paid under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is subject
6to s. 767.265. The board and any member or agent thereof and the department and
7any employe or agent thereof are immune from civil liability for any act or omission
8while performing official duties relating to withholding any annuity payment
9pursuant to s. 767.265.
AB651-ASA2,21,1611
40.08
(1g) Withholding of lump sum payments. Notwithstanding sub. (1), any
12lump sum payment made under s. 40.23, 40.24, 40.25 (1), (2) or (2m) or 40.63 is
13subject to s. 49.852. The board and any member or agent thereof and the department
14and any employe or agent thereof are immune from civil liability for any act or
15omission while performing official duties relating to withholding any lump sum
16payment pursuant to s. 49.852.
AB651-ASA2,21,2519
48.02
(13) "Parent" means either a biological parent, a husband who has
20consented to the artificial insemination of his wife under s. 891.40, or a parent by
21adoption. If the child is a nonmarital child who is not adopted or whose parents do
22not subsequently intermarry under s. 767.60, "parent" includes a person
adjudged
23in a judicial proceeding acknowledged under s. 767.62 (1) or a substantially similar
24law of another state or adjudicated to be the biological father. "Parent" does not
25include any person whose parental rights have been terminated.
AB651-ASA2,22,133
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
4affecting the family, an attorney responsible for support enforcement under s. 59.53
5(6) (a) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's
6attorney or the guardian ad litem for the child who is the subject of that proceeding
7to review or be provided with information from the records of the court assigned to
8exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
9for the purpose of determining the paternity of the child or for the purpose of
10rebutting the presumption of paternity under s. 891.405 or 891.41
(1), the court
11assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
12inspection by the requester its records relating to the paternity of the child or disclose
13to the requester those records.
AB651-ASA2,22,1915
48.42
(4) (b) 2. If the child is a nonmarital child who is not adopted or whose
16parents do not subsequently intermarry under s. 767.60 and paternity has not been
17acknowledged under s. 767.62 (1) or a substantially similar law of another state or 18adjudicated, the court may, as provided in s. 48.422 (6) (b), order publication of a
19notice under subd. 4.
AB651-ASA2,23,1422
48.66
(1) The Except as provided under s. 48.715 (6), the department shall
23license and supervise child welfare agencies, as required by s. 48.60, group homes,
24as required by s. 48.625, shelter care facilities, as required by s. 938.22, and day care
25centers, as required by s. 48.65. The department may license foster homes or
1treatment foster homes, as provided by s. 48.62, and may license and supervise
2county departments in accordance with the procedures specified in this section and
3in ss. 48.67 to 48.74.
The Except as provided under s. 48.715 (6), the department of
4corrections may license a child welfare agency to operate a secured child caring
5institution, as defined in s. 938.02 (15g), for holding in secure custody children who
6have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d),
7(4h) or (4m) and referred to the child welfare agency by the court or the department
8of corrections and to provide supervision, care and maintenance for those children.
9A license issued under this subsection, other than a license to operate a foster home,
10treatment foster home or secured child caring institution, is valid until revoked or
11suspended. A license issued under this subsection to operate a foster home,
12treatment foster home or secured child caring institution may be for any term not to
13exceed 2 years from the date of issuance. No license issued under this subsection is
14transferable.
AB651-ASA2,23,2016
48.66
(2) The department shall prescribe application forms to be used by all
17applicants for licenses from it.
The application forms prescribed by the department
18shall require that the social security numbers of all applicants for a license to operate
19a child welfare agency, group home, shelter care facility or day care center who are
20individuals be provided.
AB651-ASA2,24,322
48.66
(2m) (a) The department of health and family services shall require each
23applicant for a license under sub. (1) to operate a child welfare agency, group home,
24shelter care facility or day care center who is an individual, and the department of
25corrections shall require each applicant for a license under sub. (1) to operate a
1secured child caring institution who is an individual, to provide that department
2with his or her social security number when initially applying for or applying to
3renew the license.
AB651-ASA2,24,74
(b) The department of health and family services and the department of
5corrections may not issue or renew a license specified in par. (a) to or for an applicant
6who is an individual unless the applicant has provided his or her social security
7number to that department.
AB651-ASA2,24,108
(c) The department of health and family services and the department of
9corrections may disclose a social security number obtained under par. (a) only on the
10request of the department of workforce development under s. 49.22 (2m).
AB651-ASA2,25,2
1248.69 Probationary licenses. If Except as provided under s. 48.715 (6), if any
13child welfare agency, shelter care facility, group home or day care center that has not
14been previously issued a license under s. 48.66 (1) applies for a license, meets the
15minimum requirements for a license established under s. 48.67 and pays the
16applicable fee referred to in s. 48.68 (1), the department shall issue a probationary
17license to that child welfare agency, shelter care facility, group home or day care
18center. A probationary license is valid for up to 6 months after the date of issuance
19unless renewed under this section or suspended or revoked under s. 48.715. Before
20a probationary license expires, the department shall inspect the child welfare
21agency, shelter care facility, group home or day care center holding the probationary
22license and,
except as provided under s. 48.715 (6), if the child welfare agency, shelter
23care facility, group home or day care center meets the minimum requirements for a
24license established under s. 48.67, the department shall issue a license under s. 48.66
1(1). A probationary license issued under this section may be renewed for one
26-month period.
AB651-ASA2,25,184
48.715
(6) The department of health and family services shall deny, suspend,
5restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a
6probationary license under s. 48.69 to operate a child welfare agency, group home
7shelter care facility or day care center, and the department of corrections shall deny,
8suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1)
9to operate a secured child caring institution, for failure of the applicant or licensee
10to pay court-ordered payments of child or family support, maintenance, birth
11expenses, medical expenses or other expenses related to the support of a child or
12former spouse or for failure of the applicant or licensee to comply, after appropriate
13notice, with a subpoena or warrant issued by the department of workforce
14development or a county child support agency under s. 59.53 (5) and related to
15paternity or child support proceedings, as provided in a memorandum of
16understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action
17taken under this subsection is subject to review only as provided in the memorandum
18of understanding entered into under s. 49.857 and not as provided in s. 48.72.
AB651-ASA2,26,7
2148.72 Appeal procedure. Any Except as provided in s. 48.715 (6), any person
22aggrieved by the department's refusal or failure to issue, renew or continue a license
23or by any action taken by the department under s. 48.715 has the right to an
24administrative hearing provided for contested cases in ch. 227. To receive an
25administrative hearing under ch. 227, the aggrieved person shall send to the
1department a written request for a hearing under s. 227.44 within 10 days after the
2date of the department's refusal or failure to issue, renew or continue a license or the
3department's action taken under s. 48.715. The department shall hold an
4administrative hearing under s. 227.44 within 30 days after receipt of the request
5for the administrative hearing unless the aggrieved person consents to an extension
6of that time period. Judicial review of the department's decision may be had as
7provided in ch. 227.
AB651-ASA2,26,189
48.837
(4) (e) Shall, before hearing the petitions under subs. (2) and (3),
10ascertain whether the child's paternity has been
acknowledged under s. 767.62 (1)
11or a substantially similar law of another state or adjudicated in this state or another
12jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025,
13the court shall determine the rights of that person. If the child's paternity has not
14been
acknowledged or adjudicated and if no person has filed a declaration under s.
1548.025, the court shall attempt to ascertain the paternity of the child. The court may
16not proceed with the hearing on the petitions under this section unless the parental
17rights of the nonpetitioning parent, whether known or unknown, have been
18terminated.
AB651-ASA2,27,320
48.91
(2) In an adoption proceeding for a nonmarital child who is not adopted
21or whose parents do not subsequently intermarry under s. 767.60, the court shall
22establish whether the rights of any persons who have filed declarations of paternal
23interest under s. 48.025 have been determined or whether paternity has been
24acknowledged under s. 767.62 (1) or a substantially similar law of another state or 25adjudicated in this state or in another jurisdiction. If the court finds that no such
1determination has been made, the court shall proceed, prior to any action on the
2petition for adoption, to attempt to ascertain the paternity of the child and the rights
3of any person who has filed a declaration under s. 48.025.