SB300: Bill Text

SB300, s. 42 Section 42. 48.833 of the statutes, as affected by 2005 Wisconsin Acts 293 and 448, is amended to read:

SB300,21,20 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.

Note: The stricken commas were inserted by 2005 Wis. Act 293 but rendered surplusage by 2005 Wis. Act 448.

SB300, s. 43 Section 43. 48.837 (4) (e) of the statutes, as affected by 2005 Wisconsin Act 293 and 2005 Wisconsin Act 443, section 265, is amended to read:

SB300,22,10 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.

SB300, s. 44 Section 44. 48.978 (7) (b) of the statutes, as affected by 2005 Wisconsin Act 387, is amended to read:

SB300,22,14 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.

SB300, s. 45 Section 45. 49.855 (3) of the statutes, as affected by 2005 Wisconsin Act 304, is amended to read:

SB300,23,17 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.

SB300, s. 46 Section 46. 49.855 (4m) (b) of the statutes, as affected by 2005 Wisconsin Acts 22 and 304, is amended to read:

SB300,24,25 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.

SB300, s. 47 Section 47. 49.89 (7) (c) of the statutes is amended to read:

SB300,25,7 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.

SB300, s. 48 Section 48. The treatment of 50.06 (2) (c) of the statutes by 2005 Wisconsin Act 264 is not repealed by 2005 Wisconsin Act 387. Both treatments stand.

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.

SB300, s. 49 Section 49. The treatment of 51.35 (3) (a) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 444. Both treatments stand.

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.

SB300, s. 50 Section 50. The treatment of 51.35 (3) (g) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 444. Both treatments stand.

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.

SB300, s. 51 Section 51. 51.437 (4m) (i) of the statutes is amended to read:

SB300,26,5 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.

SB300, s. 52 Section 52. 54.12 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act 387, section 310, is amended to read:

SB300,27,2 54.12 (1) Small estates. (intro.) If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding involving the assets is pending may, without requiring the appointment of a guardian, order that the register i in probate do one of the following:

Note: Corrects spelling. The change is shown in the printed volumes.

SB300, s. 53 Section 53. The treatment of 54.25 (2) (c) 1. g. of the statutes, as renumbered, by 2005 Wisconsin Act 387, section 476, is not repealed by 2005 Wisconsin Act 451, section 177. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 54.25 (2) (c) 1. g., as renumbered from s. 880.33 (9) by 2005 Wis. Act 387, reads:

g. The right to register to vote or to vote in an election, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB300, s. 54 Section 54. 55.01 (4g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (4i).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered s. 55.01 (4g) previously existed.

SB300, s. 55 Section 55. 55.01 (6) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6u).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6).

SB300, s. 56 Section 56. 55.01 (6d) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6vm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Maintains alphabetical order for definitions.

SB300, s. 57 Section 57. 55.01 (6g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6w).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Renumbers provision to maintain alphabetical order of definitions.

SB300, s. 58 Section 58. 55.01 (6t) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.01 (6s).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6t).

SB300, s. 59 Section 59. 55.06 (3) (d) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.075 (5) (bm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 renumbered s. 55.06 (3) (c) to s. 55.075 (5) (a).

SB300, s. 60 Section 60. 66.0216 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 66.0216 (1) (intro.).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). This provision is introductory to paragraphs (b) to (h) and should have been created as a subsection (intro.) provision.

SB300, s. 61 Section 61. 66.0617 (9) (a) of the statutes, as affected by 2005 Wisconsin Act 477, is amended to read:

SB300,29,3 66.0617 (9) (a) Subject to par. (b), an ordinance enacted under this section shall specify that impact fees that are imposed and collected by a municipality but are not used within 7 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, in as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 7-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

Note: Inserts correct word.

SB300, s. 62 Section 62. 66.0617 (9) (b) of the statutes, as created by 2005 Wisconsin Act 203, is amended to read:

SB300,29,11 66.0617 (9) (b) The 7-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the political subdivision municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 7-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.

Note: 2005 Wis. Act 203 created this provision. 2005 Wis. Act 477 changed the term "political subdivision" to "municipality" throughout all of the previously existing s. 66.0617 without taking the creation of sub. (9) (b) into account.

SB300, s. 63 Section 63. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

SB300,29,17 66.1105 (4) (gm) 4. a. Not less than 50%, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (b) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

Note: Corrects cross-reference. "Rehabilitation or conservation work" is defined in s. 66.1337 (2m) (a).

SB300, s. 64 Section 64. 66.1333 (5r) (b) 2. b. of the statutes, as affected by 2005 Wisconsin Act 453, section 4, is renumbered 66.1333 (5r) (b) 1. b.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 453 renumbered s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 2. b. but renumbered the remainder of s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 1. (intro.) and a. It did not renumber or create any other provision as a part of s. 66.1333 (5r) (b) 2.

SB300, s. 65 Section 65. 70.511 (2) (bm) of the statutes, as created by 2005 Wisconsin Act 405, is amended to read:

SB300,30,12 70.511 (2) (bm) No later than July 1 of each year, each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 shall notify the department of administration of the amount of all such refunds paid by the municipality in the previous fiscal year. Annually, no later than the 3rd Monday in November, from the appropriation account under s. 20.835 (2) (bm) (br), the department of administration shall pay to each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 an amount that is equal to 20 percent of the interest on such refunds paid by the municipality in the previous fiscal year and that has accrued up to the date of the determination by the tax appeals commission of the municipality's obligation.

Note: Section 20.835 (2) (bm), as created by 2004 Wisconsin Act 405, is renumbered 20.835 (2) (br) by this bill.

SB300, s. 66 Section 66. 71.05 (6) (a) 15. of the statutes, as affected by 2005 Wisconsin Acts 361, 479 and 483, is amended to read:

SB300,30,19 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5d), and (5e), (5f), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

Note: Deletes extra "and".

SB300, s. 67 Section 67. 71.07 (2dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,30,23 71.07 (2dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 68 Section 68. 71.07 (2dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,31,5 71.07 (2dm) (a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 69 Section 69. 71.07 (2dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,31,10 71.07 (2dm) (f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 70 Section 70. 71.07 (2dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,2 71.07 (2dm) (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 71 Section 71. 71.07 (2dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,10 71.07 (2dm) (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 72 Section 72. 71.07 (2dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,16 71.07 (2dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795, an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 73 Section 73. 71.07 (2dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,33,2 71.07 (2dx) (b) Credit. (intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 74 Section 74. 71.07 (2dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read: