SB301,17,108
29.235
(2m) Authorization; nonresident hunting, fishing, and trapping
9privileges. (intro.) A nonresident conservation patron license confers upon the
10licensee
all the combined privileges conferred by
a all of the following:
SB301,17,11
11(a) A nonresident small game hunting license
, a .
SB301,17,12
12(b) A nonresident deer hunting license
, a .
SB301,17,13
13(c) A nonresident wild turkey hunting license
, a .
SB301,17,14
14(d) A nonresident archer hunting license
, a .
SB301,17,15
15(e) A waterfowl hunting stamp
, a .
SB301,17,16
16(f) A pheasant hunting stamp
, a .
SB301,17,17
17(g) A wild turkey hunting stamp
, a
.
SB301,17,18
18(h) A nonresident annual fishing license
, an.
SB301,17,19
19(i) An inland waters trout stamp
, a
.
SB301,17,20
20(j) A Great Lakes trout and salmon stamp
, and a .
SB301,17,21
21(k) A sturgeon hook and line tag
, and a .
SB301,17,22
22(L) A trapping license.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b), correcting a
numbering error.
SB301,18,85
29.889
(7m) (ar)
Exemption; land not required to be open to hunting. (intro.)
6The requirement under par. (a) does not apply
to a person to whom the department
7grants a shooting permit for deer causing damage that is issued as an abatement
8measure recommended under this section if all of the following apply:
Note: Inserts missing text as shown by drafting records and consistent with the
creation of s. 29.885 (4r) by
2005 Wis. Act 82.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
282 also created a provision numbered s. 29.972.
SB301,18,1613
29.987
(1) (a) If a court imposes a fine or forfeiture for a violation of a provision
14of this chapter or an order issued under this chapter, other than for a violation
15specified under s.
29.99 29.9905 (1) (a), the court shall impose a natural resources
16surcharge under ch. 814 equal to 75 percent of the amount of the fine or forfeiture.
Note: Section 29.99, as created by
2005 Wis. Act 288, is renumbered to s. 29.9905
by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
282 also created a provision numbered s. 29.99.
SB301,19,83
29.99
(3) If any deposit is made for an offense to which this section applies, the
4person making the deposit shall also deposit a sufficient amount to include the
5wildlife violator compact surcharge under this section. If the deposit is forfeited, the
6amount of the wildlife violator compact surcharge shall be transmitted to the
7secretary of administration under
par. (d) sub. (4). If the deposit is returned, the
8wildlife violator compact surcharge shall also be returned.
Note: Inserts the correct cross-reference.
SB301, s. 54
9Section
54. 31.385 (2) (e) of the statutes is repealed.
Note: Repeals obsolete transition provision.
SB301,19,1612
41.24
(2) The agreement under this section shall require that the WPGA Junior
13Foundation, Inc. provide, without fee and as a condition of receiving payments
14specified under this section, any license or other approval required for use of any logo,
15trademark, trade name, word, or symbol to be used on or in association with special
16group registration plates under s. 341.14 (6r) (f)
56
55m.
Note: Section 341.14 (6r) (f) 56., as created by
2005 Wis. Act 260, is renumbered
s. 341.14 (6r) (f) 55m. by this bill.
Note: There is no conflict of substance. As merged by the revisor s. 43.12 (1) reads:
(1) By March 1 of each year, a county that does not maintain a consolidated public
library for the county under s. 43.57 and that contains residents who are not residents
of a municipality that maintains a public library under s. 43.52 or 43.53 shall pay to each
public library in the county and to each public library in an adjacent county, other than
a county with a population of at least 500,000, an amount that is equal to at least 70%
of the amount computed by multiplying the number of loans reported under sub. (2) by
the amount that results from dividing the total operational expenditures of the library
during the calendar year for which the number of loans are reported, not including capital
expenditures or expenditures of federal funds, by the total number of loans of material
made by the public library during the calendar year for which the loans are reported. The
library board of the public library entitled to a payment under this subsection may direct
the county to credit all or a portion of the payment to a county library service or library
system for shared services.
SB301, s. 58
3Section
58. 44.45 (4) (b) of the statutes is amended to read:
SB301,20,64
44.45
(4) (b) The list is not a rule under s.
227.13 227.01 (13). The state
5historical society shall publish the list as an appendix to the rules promulgated under
6s. 44.36.
Note: Corrects cross-reference. "Rule" is defined at s. 227.01 (13). Section 227.13
is not related to defining or determining what a rule is, but rather provides for agencies
to use informal conferences and consultations to obtain the viewpoint and advice of
interested persons and to appoint committees to advise it with respect to contemplated
rule making.
SB301, s. 59
7Section
59. 46.043 (1) of the statutes is amended to read:
SB301,20,158
46.043
(1) In addition to inpatient and outpatient services provided at mental
9health institutes under ss. 51.05 and 51.07, the department may authorize mental
10health institutes to offer services other than inpatient mental health services when
11the department determines that community services need to be supplemented.
12Services that may be offered under this section include mental health outpatient
13treatment and services, day programming, consultation and services in residential
14facilities, including group homes,
child caring institutions residential care centers
15for children and youth, and community-based residential facilities.
Note: The term "child caring institution" was changed to "residential care center
for children and youth" by
2001 Wis. Act 59.
Note: There is no conflict of substance. As merged by the revisor s. 46.10 (2) reads:
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but
not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977
stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and 55.06,
2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and
(13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06,
receiving care, maintenance, services and supplies provided by any institution in this
state including University of Wisconsin Hospitals and Clinics, in which the state is
chargeable with all or part of the person's care, maintenance, services and supplies, any
person receiving care and services from a county department established under s. 51.42
or 51.437 or from a facility established under s. 49.73, and any person receiving treatment
and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08
(5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and
estate, including the homestead, and the spouse of the person, and the spouse's property
and estate, including the homestead, and, in the case of a minor child, the parents of the
person, and their property and estates, including their homestead, and, in the case of a
foreign child described in s. 48.839 (1) who became dependent on public funds for his or
her primary support before an order granting his or her adoption, the resident of this
state appointed guardian of the child by a foreign court who brought the child into this
state for the purpose of adoption, and his or her property and estate, including his or her
homestead, shall be liable for the cost of the care, maintenance, services and supplies in
accordance with the fee schedule established by the department under s. 46.03 (18). If
a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the
property for their support, the court shall release all or such part of the property and
estate from the charges that may be necessary to provide for those persons. The
department shall make every reasonable effort to notify the liable persons as soon as
possible after the beginning of the maintenance, but the notice or the receipt thereof is
not a condition of liability.
SB301, s. 61
1Section
61. 46.261 (2) (a) 2. of the statutes is amended to read:
SB301,21,102
46.261
(2) (a) 2. A county or, in a county having a population of 500,000 or more,
3the department, on behalf of a child in the legal custody of a county department under
4s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child
5who was removed from the home of a relative, as defined under s. 48.02 (15), as a
6result of a judicial determination that continuance in the home of a relative would
7be contrary to the child's welfare for any reason when such child is placed in a
8licensed
child caring institution residential care center for children and youth by the
9county department or the department. Reimbursement shall be made by the state
10pursuant to subd. 1.
Note: The term "child caring institution" was changed to "residential care center
for children and youth" by
2001 Wis. Act 59.
Note: There is no conflict of substance. As merged by the revisor, s. 48.371 (3) (d)
reads:
(d) Any involvement of the child, whether as victim or perpetrator, in sexual
intercourse or sexual contact in violation of s. 940.225, 948.02, 948.025, or 948.085,
prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05,
or causing a child to view or listen to sexual activity in violation of s. 948.055, if the
information is necessary for the care of the child or for the protection of any person living
in the foster home, treatment foster home, group home, or residential care center for
children and youth.
Note: There is no conflict of substance. As merged by the revisor s. 48.396 (1)
reads:
(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), (5), or (6) 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
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). 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: There is no conflict of substance. As merged by the revisor, effective
7-1-2006, s. 48.42 (2m) (a), as renumbered from s. 48.42 (2m) by
2005 Wis. Act 293, reads:
(a) Parent as a result of sexual assault. Except as provided in this paragraph,
notice is not required to be given to a person who may be the father of a child conceived
as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2),
948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as
specified in this paragraph has occurred or if the person who may be the father of the child
has been convicted of sexual assault as specified in this paragraph for conduct which may
have led to the child's conception. A person who under this paragraph is not given notice
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. This paragraph does not apply to a person who may be
the father of a child conceived as a result of a sexual assault in violation of s. 948.02 (1)
or (2) if that person was under 18 years of age at the time of the sexual assault.
SB301,23,123
48.423
(1) Rights to paternity determination. If a person appears at the
4hearing and claims that he is the father of the child, the court shall set a date for a
5hearing on the issue of paternity or, if all parties agree, the court may immediately
6commence hearing testimony concerning the issue of paternity. The court shall
7inform the person claiming to be the father of the child of any right to counsel under
8s. 48.23. The person claiming to be the father of the child must prove paternity by
9clear and convincing evidence. A person who establishes his paternity of the child
10under this section may further participate in the termination of parental rights
11proceeding only if the person meets the conditions specified in sub. (2) or meets a
12condition specified in s. 48.42 (2)
or (b) or (bm).
Note: Corrects citation error.
Note: There is no conflict of substance. As merged by the revisor, s. 48.685 (1) (c)
reads:
(c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s.
940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225
(1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05,
948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1),
948.30, or 948.53 or a violation of the law of any other state or United States jurisdiction
that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02,
940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055,
948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30,
or 948.53 if committed in this state.
Note: There is no conflict of substance. As merged by the revisor s. 48.981 (1) (b)
reads:
(b) "Community placement" means probation; extended supervision; parole;
aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer
or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children
and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5);
conditional release under s. 971.17; supervised release under s. 980.06 or 980.08;
participation in the community residential confinement program under s. 301.046, the
intensive sanctions program under s. 301.048, the corrective sanctions program under s.
938.533, the intensive supervision program under s. 938.534, or the serious juvenile
offender program under s. 938.538; or any other placement of an adult or juvenile
offender in the community under the custody or supervision of the department of
corrections, the department of health and family services, a county department under s.
46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the
department of corrections, the department of health and family services or a county
department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or
supervision over the offender.
Note: There is no conflict of substance. As merged by the revisor, s. 49.45 (6m) (ag)
(intro.) reads:
(ag) Payment for care provided in a facility under this subsection made under s.
20.435 (4) (b), (gp), (o), (pa), or (w) shall, except as provided in pars. (bg), (bm), and (br),
be determined according to a prospective payment system updated annually by the
department. The payment system shall implement standards that are necessary and
proper for providing patient care and that meet quality and safety standards established
under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following:
SB301,25,158
49.497
(1m) (a) If, after notice that an incorrect payment was made, a recipient,
9or parent of a minor recipient, who is liable for repayment of an incorrect payment
10fails to repay the incorrect payment or enter into, or comply with, an agreement for
11repayment, the department may bring an action to enforce the liability or may issue
12an order to compel payment of the liability. Any person aggrieved by an order issued
1by the department under this paragraph may appeal the order as a contested case
2under ch. 227 by filing with the department a request for a hearing within 30 days
3after the date of the order. The only issue at the hearing shall be the determination
4by the department that the person has not repaid the incorrect payment or entered
5into, or complied with, an agreement for repayment.
If, after notice that an incorrect
6payment was made, a recipient, or parent of a minor recipient, who is liable for
7repayment of an incorrect payment fails to repay the incorrect payment or enter into,
8or comply with, an agreement for repayment, the department may bring an action
9to enforce the liability or may issue an order to compel payment of the liability. Any
10person aggrieved by an order issued by the department under this paragraph may
11appeal the order as a contested case under ch. 227 by filing with the department a
12request for a hearing within 30 days after the date of the order. The only issue at
13hearing shall be the determination by the department that the person has not repaid
14the incorrect payment or entered into, or complied with, an agreement for
15repayment.
Note: The text of s. 49.497 (1m) (a) was inadvertently repeated in the treatment
of that provision by
2005 Wis. Act 254. The repeated language is not shown in the printed
statutes.
Note: There is no conflict of substance. As merged by the revisor, s. 50.065 (1) (e)
2. reads:
2. For the purposes of an entity that serves persons under the age of 18, "serious
crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06,
948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or
948.53 or a violation of the law of any other state or United States jurisdiction that would
be a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07, 948.08,
948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 if committed
in this state.
SB301,26,63
50.09
(1) (f) 1.
`Privacy for visits by spouse.
' If both spouses are residents of the
4same facility, they shall be permitted to share a room unless medically
5contraindicated as documented by the resident's physician or advanced practice
6nurse prescriber in the resident's medical record.
Note: The single quote marks were inserted without being underscored. No
change was intended.
SB301,26,139
50.14
(4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60
10(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
11under subch. III of ch. 77, apply to the assessment under this section, except that the
12amount of any assessment collected under s. 77.59 (7) in excess of $13,800,000
45
13percent in a fiscal year shall be deposited in the Medical Assistance trust fund.
Note: There is no conflict of substance. As merged by the revisor, s. 50.39 (3) reads:
(3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10,
juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions
governed by the department of corrections under s. 301.02, and the offices and clinics of
persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32
to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board,
physical therapists affiliated credentialing board, podiatrists affiliated credentialing
board, dentistry examining board, pharmacy examining board, chiropractic examining
board, and board of nursing in carrying out their statutory duties and responsibilities.