Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 483 also created a provision numbered s. 20.835 (2) (bm).
96,23
Section
23. 30.206 (1) (a) of the statutes is amended to read:
30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under section s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.
Note: Corrects citation form. The correction has been made in the printed volumes.
96,24
Section
24. 31.02 (4r) of the statutes is amended to read:
31.02 (4r) The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed.
Note: Inserts missing article.
40.23 (3) The initial monthly amount of any retirement annuity in the normal form shall not be less than the money purchase annuity which can be provided by applying the sum of the participant's accumulated additional and required contributions, including interest credited to the accumulations, plus an amount from the employer accumulation reserve equal to the participant's accumulated required contributions, less any accumulated contributions to purchase other governmental service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats., to fund the annuity in accordance with the actuarial tables in effect on the annuity effective date.
Note: Places cross-references in correct order according to current style.
40.73 (1) (am) 2. Accumulated contributions to purchase other governmental service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats.
Note: Places cross-references in correct order according to current style.
96,27
Section
27. 43.30 (1b) of the statutes is amended to read:
43.30 (1b) In this section, "custodial parent" includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.24 (4) 767.41 (4).
Note: Corrects cross-reference. Section 767.24 was renumbered to s. 767.41 by
2005 Wis. Act 443.
45.31 (7) "Funds" include cash on hand and liquid investments owned by the veteran and his or her spouse, individually or jointly, unless the veteran and spouse are legally separated under s. 767.07 767.35 (1).
Note: Corrects cross-reference. Section 767.07 was renumbered to s. 767.35 (1) by
2005 Wis. Act 443.
45.37 (2) (a) Applications for loans under this section for a purpose specified in s. 45.34 (1) (a), (b), or (d) shall be made to an authorized lender and applications for loans under this section for a purpose specified under s. 45.34 (1) (c) may be made to the department or to a county veterans service officer on forms approved by the department and signed by the applicant. If the applicant is married and not legally separated under s. 767.02 767.001 (1) (d) or in the process of obtaining a divorce, the applicant's spouse also shall sign the application.
Note: Corrects cross-reference. Section 767.02 was renumbered s. 767.001 by
2005 Wis. Act 443.
46.03
(7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1)
(a) and (2)
(a), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22 or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 51, 55, or 938, or
42 USC 670 to
679b to or to coordinate the delivery of services under this chapter, ch. 48, 51, 55, or 938, or
42 USC 670 to
679b.
Note: Corrects cross-references.
2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406.
46.215 (1p) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference.
2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406.
96,32
Section
32. 46.22 (1) (b) 2. e. of the statutes is amended to read:
46.22 (1) (b) 2. e. To make payments in such manner as the department of workforce development may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. s. 49.193, 1997 stats., and
s. 49.26 (1).
Note: Corrects citation form.
46.22 (1) (dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference.
2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406.
46.23 (3) (ed) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference.
2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406.
96,35
Section
35. 46.29 (3) (j) of the statutes is repealed.
Note: 46.29 (3) (intro.) provides that, "All of the following shall maintain liaison with and periodically report to the council on physical disabilities ...", and 46.29 (3) (j) states "The chairperson of the health policy council." The health policy council was abolished in
1987 Wisconsin Act 399 by the repeal of s. 14.017 (3).
48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1) , and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person's parental rights have been terminated.
Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by
2005 Wis. Act 443.
48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following:
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year of age at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition:
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.42 (2m) (b) Parent of nonmarital child. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence:
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department, or child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department, county department, or child welfare agency determines that the proposed adoptive parents are not required to complete that preparation. ,, When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department, or child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.
48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 has been acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
Note: Inserts correct cross-reference.
2005 Wis. Act 443 renumbered s. 767.60 to 767.803.
48.978 (7) (b) This section does not abridge the duties or authority of a guardian appointed under ch. 880, 2003 stats., or ch. 54 or ch. 880, 2003 stats.
Note: Places cross-references in correct order in accordance with current style.
49.855
(3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s.
767.51 (3) (e) 1. or 767.62 767.805 (4) (d) 1.
or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902 (2).
Note: Inserts correct cross-references.
2005 Wis. Act 443 renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.
49.855
(4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s.
767.51 (3) (e) 1. or 767.62 767.805 (4) (d) 1.
or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902 (2).
Note: Inserts correct cross-references.
2005 Wis. Act 443 renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.
96,47
Section
47. 49.89 (7) (c) of the statutes is amended to read:
49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.20, 1997 stats., or s. 49.19, s. 49.20, 1997 stats., and 49.30 49.785, or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.
Note: Places cross-references in correct order according to current style. Corrections have been made in the printed volumes. Section 49.30 was renumbered s. 49.785 by
2003 Wis. Act 33.
Note: There is no conflict of substance. As merged by the revisor, s. 50.06 (2) (c) reads:
(c) A petition for guardianship for the individual under s. 54.34 and a petition under s. 55.075 for protective placement of the individual are filed prior to the proposed admission.
Note: There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (a) reads:
(a) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) 1. or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.
Note: There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (g) reads:
(g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the juvenile correctional facility or secured residential care center for children and youth, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the juvenile correctional facility or secured residential care center for children and youth within 48 hours after submission of the request unless a statement is filed for emergency detention or a petition is filed for emergency commitment, involuntary commitment, or protective placement.
96,51
Section
51. 51.437 (4m) (i) of the statutes is amended to read:
51.437 (4m) (i) Annually report to the department of health and family services regarding the use of any contract entered into under s. 51.87.
Note: Inserts missing period. The change is shown in the printed volumes.
