SB146: Bill Text

SB146,31,17 35.84 (figure) line 22. (title) Integrated Legislative Information System Staff Technology Services Bureau

Note: 1997 Wis. Act 237 renamed the Integrated Legislative Information System Staff the Legislative Technology Services Bureau. The change is reflected in the printed volumes.

SB146, s. 97 Section 97. 38.27 (5) (a) 1m. of the statutes, as affected by 1997 Wisconsin Act 163, section 3, is renumbered 38.24 (5) (a) 1m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wisconsin Act 163 created s. 38.24 (5) (a) 1g. and renumbered s. 38.24 (5) (a) 1. to s. 38.27 (5) (a) 1m. The renumbering to s. 38.27 was unintended. There is no s. 38.27 (5). The change was made in order to keep definitions within s. 38.24 (5) in alphabetical order.

SB146, s. 98 Section 98. 40.25 (2) of the statutes is amended to read:

SB146,32,9 40.25 (2) Subject to subs. (2m) and sub. (2t), if all requirements for payment of a retirement annuity are met except attainment of age 55 or age 50 for protective occupation participants, a separation benefit may be paid, if the participant's written application for a separation benefit is received by the department prior to the participant's 55th birthday or 50th birthday for protective occupation participants, in an amount equal to the additional and employe required contribution accumulations of the participant on the date the application for a separation benefit is approved.

Note: Section 40.25 (2m) was repealed by 1997 Wis. Act 69.

SB146, s. 99 Section 99. 40.25 (2t) of the statutes is amended to read:

SB146,32,14 40.25 (2t) A protective occupation participant who is covered by the presumption under s. 891.455 and who applied for a duty disability benefit under s. 40.65 on or after May 12, 1998, may not be paid a separation benefit under sub. (2) or (2m) during the period in which he or she is receiving the duty disability benefit.

Note: Section 40.25 (2m) was repealed by 1997 Wis. Act 69.

SB146, s. 100 Section 100. The treatment of 40.51 (8m) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 252. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 101 Section 101. 44.095 of the statutes is repealed.

Note: By its terms, this section does not apply after June 30, 1998.

SB146, s. 102 Section 102. 46.86 (2m) (a) of the statutes is amended to read:

SB146,32,21 46.86 (2m) (a) In this subsection, "long-term treatment" means treatment that is, in the majority of instances, not less than 5 months and mot nor more than 12 months in duration.

Note: Inserts correct word.

SB146, s. 103 Section 103. The treatment of 48.01 (1) (a) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 104 Section 104. 48.27 (4) (b) (a) and (b) of the statutes, as created by 1997 Wisconsin Act 292, are renumbered 48.27 (4) (b) 1. and 2.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to correct the numbering of s. 48.27 (4) (b) by 1997 Wis. Act 292.

SB146, s. 105 Section 105. The treatment of 48.299 (4) (b) of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 334. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 106 Section 106. The treatment of 48.299 (5) of the statutes by 1997 Wisconsin Act 252 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 107 Section 107. The treatment of 48.365 (2m) (a) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 292. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 108 Section 108. 48.396 (1) of the statutes, as affected by 1997 Wisconsin Act 292, is amended to read:

SB146,34,11 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: Corrects word order.

SB146, s. 109 Section 109. The treatments of 48.415 (2) (a) 2. a. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 141, and 1997 Wisconsin Act 292, section 232, are not repealed by 1997 Wisconsin Act 294, section 4. All treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (b) 1. was renumbered to s. 48.415 (2) (a) 2. a. by 1997 Wis. Act 294.

SB146, s. 110 Section 110. The treatment of 48.415 (2) (a) 2. b. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 142, is not repealed by 1997 Wisconsin Act 292, section 233. Both treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (b) 2. was renumbered to s. 48.415 (2) (a) 2. b. by 1997 Wis. Act 294.

SB146, s. 111 Section 111. The treatment of 48.415 (2) (a) 3. of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 143, is not repealed by 1997 Wisconsin Act 292, section 234m. Both treatments stand.

Note: There is no conflict of substance. Section 48.415 (2) (c) was renumbered to s. 48.415 (2) (a) 3. by 1997 Wis. Act 294.

SB146, s. 112 Section 112. The treatment of 48.685 (2) (am) (intro.) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 113 Section 113. 48.685 (2) (b) 1. (intro.) of the statutes, as affected by 1997 Wisconsin Acts 237 and 281, is amended to read:

SB146,35,8 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. and, 2., and 4. and par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 237 and 281.

SB146, s. 114 Section 114. The treatment of 48.685 (2) (c) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 115 Section 115. 48.685 (3) (a) of the statutes, as affected by 1997 Wisconsin Acts 237 and 281, is amended to read:

SB146,36,2 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. sub. (2) (ag) (intro.) who are nonclient residents of an entity and shall request the information specified in sub. (2) (am) 1. to 5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

Note: Inserts correct cross-reference. There is no s. 48.685 (3) (ag). Section 48.685 (2) (ag) relates to nonclient residents of an entity.

SB146, s. 116 Section 116. The treatment of 48.685 (3) (b) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 117 Section 117. The treatment of 48.685 (5) (b) (intro.) of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 170, is not repealed by 1997 Wisconsin Act 281, section 8. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 118 Section 118. 48.685 (5c) (c) of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,36,15 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary state superintendent or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

Note: Corrects officer's title.

SB146, s. 119 Section 119. The treatment of 48.685 (5m) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 120 Section 120. The treatment of 48.685 (6) (b) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 121 Section 121. 48.715 (6) of the statutes is amended to read:

SB146,37,15 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.

Note: Inserts necessary comma omitted from 1997 Wis. Act 191.

SB146, s. 122 Section 122. 48.981 (3) (c) 1. of the statutes is amended to read:

SB146,38,16 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of child threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.

Note: Corrects word order.

SB146, s. 123 Section 123. The treatment of 48.981 (8) (a) of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 293. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 124 Section 124. The treatment of 48.981 (8) (d) 1. of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 293. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 125 Section 125. 48.988 (6) (a) of the statutes is amended to read:

SB146,39,2 48.988 (6) (a) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

Note: Inserts necessary punctuation. The change is shown in the printed volumes.

SB146, s. 126 Section 126. 49.124 (1m) (a) of the statutes is amended to read:

SB146,39,10 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in pars. (b), and (bm) and (br), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.

NOTE: The creation of par. (br) was removed from 1997 Wis. Act 27 by the governor's partial veto.

SB146, s. 127 Section 127. 49.143 (2m) (intro.) of the statutes is amended to read:

SB146,39,18 49.143 (2m) Nutrition outreach. (intro.) A Wisconsin works agency may establish a a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:

Note: Deletes repeated unnecessary "a".

SB146, s. 128 Section 128. 49.15 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB146,39,21 49.15 (3) (a) Unsubsidized employment, as defined in s. 49.147 (1) (a) (c).

NOTE: Section 49.147 (1) (a) was renumbered s. 49.147 (1) (c) by 1997 Wis. Act 27.

SB146, s. 129 Section 129. 49.175 (1) (p) of the statutes is amended to read:

SB146,40,5 49.175 (1) (p) Indirect child care services. For indirect child care services under s. 49.131 (2) (b) 49.155 (1g), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.

NOTE: Inserts correct cross-reference. Section 49.131 (2) (b) was renumbered s. 49.155 (1g) by 1997 Wis. Act 27.

SB146, s. 130 Section 130. The treatment of 49.22 (6) of the statutes by 1997 Wisconsin Act 105 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 131 Section 131. 49.225 of the statutes, as affected by 1997 Wisconsin Act 191, section 39, is renumbered 49.227.

Note: 1997 Wis. Act 191, section 39, renumbered s. 46.251 to s. 49.225. Act 191, section 65, created a different provision as s. 49.225.

SB146, s. 132 Section 132. 49.27 (6) (c) of the statutes is amended to read:

SB146,41,2 49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.

Note: Section 49.132 does not apply after November 1, 1997, and was repealed by 1997 Wis. Act 252.