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.
AB651-ASA2,27,146
49.124
(1g) (a) The individual is a custodial parent of a child who is under the
7age of 18 and who has an absent parent, or the individual lives with and exercises
8parental control over a child who is under the age of 18 and who has an absent parent,
9and the individual does not fully cooperate in
good faith with efforts directed at
10establishing the paternity of the child, if necessary, and obtaining support payments,
11if any, or other payments or property, if any, to which that individual or the child may
12have rights. This paragraph does not apply if the individual has good cause for
13refusing to cooperate, as determined by the department in accordance with federal
14law and regulations.
AB651-ASA2, s. 52
15Section
52. 49.145 (2) (f) 1. of the statutes is renumbered 49.145 (2) (f) 1.
16(intro.) and amended to read:
AB651-ASA2,27,1817
49.145
(2) (f) 1. (intro.) Subject to subd. 2.,
the individual all of the following
18conditions are met:
AB651-ASA2,28,2
19a. Every parent in the individual's Wisconsin works group fully cooperates in
20good faith with efforts directed at establishing the paternity of
the dependent any
21minor child
and of that parent regardless of whether the parent is the custodial or
22noncustodial parent of that child. Such cooperation shall be in accordance with
23federal law and regulations and rules promulgated by the department applicable to
24paternity establishment and may not be required if the parent has good cause for
1refusing to cooperate, as determined by the department in accordance with federal
2law and regulations.
AB651-ASA2,28,12
3b. Every parent in the individual's Wisconsin works group fully cooperates in
4good faith with efforts directed at obtaining support payments or any other payments
5or property to which that
individual parent and
the dependent any minor child
of
6that parent may have rights
or for which that parent may be responsible, regardless
7of whether the parent is the custodial or noncustodial parent of the minor child. Such
8cooperation shall be in accordance with federal law and regulations and rules
9promulgated by the department applicable to
paternity establishment and collection
10of support payments
and may not be required if the parent has good cause for
11refusing to cooperate, as determined by the department in accordance with federal
12law and regulations.
AB651-ASA2, s. 53
13Section
53. 49.145 (2) (f) 2. of the statutes is amended to read:
AB651-ASA2,28,1714
49.145
(2) (f) 2. An individual who
is a member of a Wisconsin works group that 15fails 3 times to meet the requirements under subd. 1. remains ineligible until
the 16individual cooperates all of the members of Wisconsin works group cooperate or for
17a period of 6 months, whichever is later.
AB651-ASA2,29,820
49.22
(2m) (a) The department may request from any person
in this state any
21information it determines appropriate and necessary for the administration of this
22section, ss.
49.145, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the
23purposes of
7 USC 2011 to
2029.
Any person in this state Unless access to the
24information is prohibited or restricted by law, or unless the person has good cause,
25as determined by the department in accordance with federal law and regulations, for
1refusing to cooperate, the person shall
make a good faith effort to provide this
2information within 7 days after receiving a request under this
subsection paragraph.
3Except as provided in sub. (2p) and subject to sub. (12), the department or the county
4child support agency under s. 59.53 (5) may disclose information obtained under this
5subsection paragraph only in the administration of this section, ss.
49.145, 49.19,
649.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
7Employes of the department or a county child support agency under s. 59.53 (5) are
8subject to s. 49.83.
AB651-ASA2,29,1410
49.22
(2m) (am) In conjunction with any request for information under par. (a),
11including a request made by subpoena under par. (b), the department or county child
12support agency under s. 59.53 (5) shall advise the person of the time by which the
13information must be provided and of any consequences to the person under par. (d)
14that may result from a failure to respond or comply with the request.
AB651-ASA2,29,2016
49.22
(2m) (b) The department or county child support agency under s. 59.53
17(5) may issue a subpoena, in substantially the form authorized under s. 885.02, to
18compel the production of financial information and other documentary evidence in
19the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs
20carrying out the purposes of
7 USC 2011 to
2029.
AB651-ASA2,29,2522
49.22
(2m) (bc) A person in this state shall comply with an administrative
23subpoena that is issued from another state to compel the production of financial
24information or other documentary evidence for purposes comparable to those
25specified in par. (b).
AB651-ASA2,30,22
49.22
(2m) (c) A person is not liable to any person for any of the following:
AB651-ASA2,30,53
1. Allowing access to financial or other records by the department or a county
4child support agency under s. 59.53 (5) in response to a request under par. (a) or a
5subpoena described in par. (bc).
AB651-ASA2,30,86
2. Disclosing information from financial or other records to the department or
7a county child support agency under s. 59.53 (5) in response to a request under par.
8(a) or a subpoena described in par. (bc).
AB651-ASA2,30,139
3. Any other action taken in good faith to comply with this section or a subpoena
10described in par. (bc) or to comply with a request for information or access to records
11from the department or a county child support agency under s. 59.53 (5) in the
12administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs
13carrying out the purposes of
7 USC 2011 to
2029.
AB651-ASA2,30,1815
49.22
(2m) (d) Any person who fails to respond to or comply with a subpoena
16described in par. (bc) or a request under par. (a) by the department or a county child
17support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount
18determined by the department by rule.
AB651-ASA2,31,421
49.22
(6) The department shall establish, pursuant to federal and state laws,
22rules and regulations, a uniform system of fees for services provided under this
23section to individuals not receiving aid under s. 46.261, 49.19 or 49.47
or; benefits
24under s.
49.124, 49.148 or 49.155
and to individuals not receiving; foster care
25maintenance payments under 42 USC 670 to 679a; or kinship care payments under
1s. 48.57 (3m). The system of fees may take into account an individual's ability to pay.
2Any fee paid and collected under this subsection may be retained by the county
3providing the service except for the fee specified in
42 USC 653 (e) (2) for federal
4parent locator services.
AB651-ASA2,31,66
49.22
(7g) The department shall provide all of the following:
AB651-ASA2,31,97
(a) Training to hospital staff members concerning the form that is prescribed
8by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and
9benefits of, and alternatives to, of establishing paternity.
AB651-ASA2,31,1110
(b) The written information that is required to be provided to parents under s.
1169.14 (1) (cm).
AB651-ASA2, s. 62
12Section
62. 49.22 (11) of the statutes is renumbered 49.22 (11) (a) and
13amended to read:
AB651-ASA2,31,2014
49.22
(11) (a) The department
may, upon request, shall disclose to a consumer
15reporting agency, as defined under
45 CFR 303.105 (a), the amount of overdue child
16support owed by a parent.
The At least 20 business days before disclosing the
17information to the consumer reporting agency, the department shall notify the
18parent
prior to disclosing the information to the consumer reporting agency and
19inform the parent of the methods available for contesting the accuracy of the
20information.
AB651-ASA2,31,2522
49.22
(11) (b) The department shall notify a consumer reporting agency within
2330 days if any amounts reported to the consumer reporting agency under par. (a)
24were erroneous. Within 30 days of notification under this paragraph, the consumer
25reporting agency shall correct the erroneous amount in its records.
AB651-ASA2,32,52
49.22
(11) (c) The department shall notify a consumer reporting agency within
330 days if any amounts reported to the consumer reporting agency under par. (a) are
4paid in full. Within 30 days of notification under this paragraph, the consumer
5reporting agency shall indicate the payment in full in its records.
AB651-ASA2,32,8
749.225 Ordering genetic tests. (1) In this section, "genetic test" has the
8meaning given in s. 767.001 (1m).
AB651-ASA2,32,16
9(2) (a) A county child support agency under s. 59.53 (5) may require, by
10subpoena in substantially the form authorized under s. 885.02 or by other means, a
11child, the child's mother and a male alleged, or alleging himself, to be the child's
12father to submit to genetic tests if there is probable cause to believe that the male
13had sexual intercourse with the child's mother during a possible time of the child's
14conception. Probable cause of sexual intercourse during a possible time of conception
15may be established by a sufficient affidavit of the child's mother or the male alleged,
16or alleging himself, to be the child's father.