Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.43 (5m) reads:
(5m) Either the court or the agency that prepared the permanency plan shall
furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years
of age or over, to the child's foster parent or treatment foster parent, the operator of the
facility in which the child is living, or the relative with whom the child is living, and, if
the order under sub. (1) involuntarily terminated parental rights to an Indian child, to
the Indian child's tribe.
SB285,17,138
48.43
(5m) Either the court or the agency that prepared the permanency plan
9shall furnish a copy of the original plan and each revised plan to the child, if he or
10she is 12 years of age or over, to the child's foster parent
or, the operator of the facility
11in which the child is living
, or the relative with whom the child is living, and, if the
12order under sub. (1) involuntarily terminated parental rights to an Indian child, to
13the Indian child's tribe.
Note: 2009 Wis. Act 94, section
158, repealed and recreated s. 48.43 (5m) without
taking cognizance of the repeal and recreation of the provision by
2009 Wis. Act 79,
section
91. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.48 (17) (c) 4. reads:
4. Is living in a foster home, treatment foster home, group home, or residential care
center for children and youth.
SB285,18,76
48.48
(17) (c) 4. Is living in a foster home, group home,
or residential care center
7for children and youth.
Note: 2009 Wis. Act 28, section
985, deleted the scored "or" without showing it as
stricken. No change was intended.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.63 (5) (d) 4. reads:
4. Not less than 10 days before the review, the agency that placed the child or that
arranged the placement of the child shall provide a copy of the revised permanency plan
or plans and the request for review submitted under subd. 3. and notice of the time and
place of the review to the child, the parent, guardian, Indian custodian, and legal
custodian of the child, and the operator of the group home in which the child is placed,
together with notice of the issues to be determined as part of the permanency plan review
and notice of the fact that those persons shall have a right to be heard at the review by
submitting written comments to that agency or the independent reviewing agency before
the review or by participating at the review.
SB285,19,712
48.651
(3) (a) If a
day child care provider certified under sub. (1) is convicted
13of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
148.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the
day 2child care provider is convicted or adjudicated delinquent for committing a serious
3crime on or after his or her 12th birthday, the department in a county having a
4population of 500,000 or more, a county department, or an agency contracted with
5under sub. (2) shall revoke the certification of the
day child care provider
6immediately upon providing written notice of revocation and the grounds for
7revocation and an explanation of the process for appealing the revocation.
SB285,19,188
(b) If a
day child care provider certified under sub. (1) is the subject of a pending
9criminal charge alleging that the person has committed a serious crime, as defined
10in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient
11resident, as defined in s. 48.685 (1) (bm), of the
day
child care provider is the subject
12of a pending criminal charge or delinquency petition alleging that the person has
13committed a serious crime on or after his or her 12th birthday, the department in a
14county having a population of 500,000 or more, a county department, or an agency
15contracted with under sub. (2) shall immediately suspend the certification of the
day 16child care provider until the department, county department, or agency obtains
17information regarding the final disposition of the charge or delinquency petition
18indicating that the person is not ineligible to be certified under sub. (1).
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285,20,321
48.685
(1) (c) 3m. For purposes of licensing a person to operate a
day child care
22center under s. 48.65, certifying a
day child care provider under s. 48.651, or
23contracting with a person under s. 120.13 (14) to operate a
day child care center, or
1of permitting a person to be a caregiver or nonclient resident of such a
day child care
2center or
day child care provider, any violation listed in subds. 1. to 3. or sub. (5) (br)
31. to 7.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 48.685 (2) (am) (intro.) reads:
(am) The department, a county department, an agency contracted with under s.
48.651 (2), a child welfare agency, or a school board shall obtain all of the following with
respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and
a person under 18 years of age, but not under 12 years of age, who is a caregiver of a child
care center that is licensed under s. 48.65 or established or contracted for under s. 120.13
(14) or of a child care provider that is certified under s. 48.651:
SB285,20,168
48.685
(2) (ar) In addition to obtaining the information specified in par. (am)
9with respect to a person who has, or is seeking, a license to operate a
day child care
10center under s. 48.65, certification as a
day child care provider under s. 48.651, or a
11contract under s. 120.13 (14) to operate a
day child care center, a nonclient resident
12of such an entity, or a person under 18 years of age, but not under 12 years of age,
13who is a caregiver of such an entity, the department, a county department, an agency
14contracted with under s. 48.651 (2), or a school board shall obtain information that
15is contained in the sex offender registry under s. 301.45 regarding whether the
16person has committed a sex offense that is a serious crime.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285,21,93
48.685
(2) (b) 2. In addition to obtaining the information specified in subd. 1.
4with respect to a caregiver specified in sub. (1) (ag) 1. a. of a
day child care center that
5is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of
6a
day child care provider that is certified under s. 48.651, the
day child care center
7or
day child care provider shall obtain information that is contained in the sex
8offender registry under s. 301.45 regarding whether the person has committed a sex
9offense that is a serious crime.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (2) (b) 4. reads:
4. Subdivisions 1. and 2. do not apply with respect to a nonclient resident or person
under 18 years of age, but not under 12 years of age, who is a caregiver of a child care
center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14)
or of a child care provider that is certified under s. 48.651 and with respect to whom the
department, a county department, an agency contracted with under s. 48.651 (2), or a
school board is required under par. (am) (intro.) to obtain the information specified in par.
(am) 1. to 5.
SB285,22,1114
48.685
(3) (am) 1. Every 3 months or at any time within that period that the
15department, a county department, an agency contracted with under s. 48.651 (2), or
16a school board considers appropriate, the department, county department,
17contracted agency, or school board shall request the information specified in sub. (2)
18(am) 1. to 5. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed
1under s. 48.65 to operate a
day child care center, certified as a
day child care provider
2under s. 48.651, or contracted under s. 120.13 (14) to operate a
day child care center.
3Beginning on January 1, 2011, and annually after that, the department shall submit
4a report to the appropriate standing committees of the legislature under s. 13.172 (3)
5describing the information collected under this subdivision, specifically any
6information indicating that a caregiver specified in sub. (1) (ag) 1. b. is ineligible
7under sub. (4m) (a) to be licensed under s. 48.65 to operate a
day child care center,
8certified under s. 48.651 as a child care provider, or contracted under s. 120.13 (14)
9to operate a
day child care center, and describing any action taken in response to the
10receipt of information under this subdivision indicating that such a caregiver is so
11ineligible.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285,22,1714
48.685
(3) (b) Subject to par. (bm), every 4 years or at any time within that
15period that an entity considers appropriate, the entity shall request the information
16specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub.
17(1) (ag) 1. a. of the entity.
child child
SB285,23,420
48.685
(3) (bm) Every year or at any time within that period that a
day child 21care center that is licensed under s. 48.65 or established or contracted for under s.
22120.13 (14) or a
day child care provider that is certified under s. 48.651 considers
1appropriate, the
day child care center or
day child care provider shall request the
2information specified in sub. (2) (b) 1. a. to e. and 2. for all persons who are caregivers
3specified in sub. (1) (ag) 1. a. of the
day child care center or
day child care provider
4who are 18 years of age or over.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (4m) (a) 1. reads:
1. That the person has been convicted of a serious crime or, if the person is an
applicant for issuance or continuation of a license to operate a child care center or for
initial certification under s. 48.651 or for renewal of that certification or if the person is
proposing to contract with a school board under s. 120.13 (14) or to renew a contract under
that subsection, that the person has been convicted of a serious crime or adjudicated
delinquent on or after his or her 12th birthday for committing a serious crime or that the
person is the subject of a pending criminal charge or delinquency petition alleging that
the person has committed a serious crime on or after his or her 12th birthday.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (4m) (ad) reads:
(ad) The department, a county department, or a child welfare agency may license
a foster home or treatment foster home under s. 48.62; the department may license a day
care center under s. 48.65; the department in a county having a population of 500,000 or
more, a county department, or an agency contracted with under s. 48.651 (2) may certify
a child care provider under s. 48.651; and a school board may contract with a person under
s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) and
(ar) indicating that the person is not ineligible to be licensed, certified, or contracted with
for a reason specified in par. (a) 1. to 5.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.685 (4m) (b) 1. reads:
1. That the person has been convicted of a serious crime or, if the person is a
caregiver or nonclient resident of a child care center that is licensed under s. 48.65 or
established or contracted for under s. 120.13 (14) or of a child care provider that is
certified under s. 48.651, that the person has been convicted of a serious crime or
adjudicated delinquent on or after his or her 12th birthday for committing a serious crime
or that the person is the subject of a pending criminal charge or delinquency petition
alleging that the person has committed a serious crime on or after his or her 12th
birthday.
SB285,24,123
48.685
(5) (br) (intro.) For purposes of licensing a person to operate a
day child 4care center under s. 48.65, certifying a
day child care provider under s. 48.651, or
5contracting with a person under s. 120.13 (14) to operate a
day child care center or
6of permitting a person to be a nonclient resident or caregiver specified in sub. (1) (ag)
71. a. of a
day child care center or
day child care provider, no person who has been
8convicted or adjudicated delinquent on or after his or her 12th birthday for
9committing any of the following offenses or who is the subject of a pending criminal
10charge or delinquency petition alleging that the person has committed any of the
11following offenses on or after his or her 12th birthday may be permitted to
12demonstrate that he or she has been rehabilitated:
SB285,24,1813
3m. Except for purposes of permitting a person to be a nonclient resident or
14caregiver specified in sub. (1) (ag) 1. a. of a
day
child care center or
day child care
15provider, a violation of s. 943.201, 943.203, 943.32 (2), or 943.38 (1) or (2); a violation
16of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455
17(2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a
18felony; or an offense under subch. IV of ch. 943 that is a felony.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
these provisions.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285,25,8
148.685
(6) (am) Except as provided in this paragraph, every 4 years an entity
2shall require all of its caregivers and nonclient residents to complete a background
3information form that is provided to the entity by the department. Every year a
day 4child care center that is licensed under s. 48.65 or established or contracted for under
5s. 120.13 (14) or a
day child care provider that is certified under s. 48.651 shall
6require all of its caregivers and nonclient residents to complete a background
7information form that is provided to the
day child care center or
day child care
8provider by the department.
Note: Inserts correct term.
2009 Wis. Act 76 inserted references to "day care."
2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without
taking account of the treatment by Act 76.
SB285,25,1911
48.715
(4g) (a) If a person who has been issued a license under s. 48.66 (1) (a)
12or a probationary license under s. 48.69 to operate a
day child care center is convicted
13of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s.
1448.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the
day 15child care center is convicted or adjudicated delinquent for committing a serious
16crime on or after his or her 12th birthday, the department shall revoke the license
17of the
day child care center immediately upon providing written notice of revocation
18and the grounds for revocation and an explanation of the process for appealing the
19revocation.
SB285,26,720
(b) If a person who has been issued a license under s. 48.66 (1) (a) or a
21probationary license under s. 48.69 to operate a
day
child care center is the subject
22of a pending criminal charge alleging that the person has committed a serious crime,
23as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a.
1or a nonclient resident, as defined in s. 48.685 (1) (bm), of the
day child care center
2is the subject of a pending criminal charge or delinquency petition alleging that the
3person has committed a serious crime on or after his or her 12th birthday, the
4department shall immediately suspend the license of the
day child care center until
5the department obtains information regarding the final disposition of the charge or
6delinquency petition indicating that the person is not ineligible to be licensed to
7operate a
day child care center.
Note: Inserts correct term.
2009 Wis. Act 76 included references to "day care" in
this provision.
2009 Wis. Act 185 changed "day care" to "child care" throughout the
statutes without taking account of the treatment by Act 76.
SB285, s. 52
8Section
52. 49.45 (5m) (ag) of the statutes is repealed.
Note: Section 49.45 (5m) (ag) defines "critical access hospital" for purposes of s.
49.45 (5m).
2009 Wis. Act 2 removed the only references to "critical access hospital" in
s. 49.45 (5m), rendering the definition superfluous.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, 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 therapy examining board, podiatry affiliated credentialing board, dentistry
examining board, pharmacy examining board, chiropractic examining board, and board
of nursing in carrying out their statutory duties and responsibilities.
SB285,27,213
66.0602
(3) (e) 8. The amount that a political subdivision levies in that year to
14pay the unreimbursed expenses related to an emergency declared under s.
166.03 (1)
15(b) 1. 323.10, including any amounts levied in that year to replenish cash reserves
16that were used to pay any unreimbursed expenses related to that emergency. A levy
1under this subdivision that relates to a particular emergency initially shall be
2imposed in the year in which the emergency is declared or in the following year.
Note: Corrects cross-reference. Section 166.03 (1) (b) 1. was consolidated with s.
166.03 (1) (b) (intro.) and renumbered to s. 323.10 by
2009 Wis. Act 42.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 66.1103 (11) (a) reads:
(a) With respect to the enforcement of any construction lien or other lien under ch.
779 arising out of the construction of projects financed under this section, no deficiency
judgment or judgment for costs may be entered against the municipality or county.
Projects financed under this section are not public works, public improvements or public
construction within the meaning of ss. 59.52 (29), 60.47, 61.54, 62.15, 779.14, 779.15 and
779.155 and contracts for the construction of the projects are not public contracts within
the meaning of ss. 59.52 (29) and 66.0901 unless factors including municipal or county
control over the costs, construction and operation of the project and the beneficial
ownership of the project warrant the conclusion that they are public contracts.
SB285,27,177
79.05
(2) (c) Its municipal budget; exclusive of principal and interest on
8long-term debt and exclusive of revenue sharing payments under s. 66.0305,
9recycling fee payments under s. 289.645, unreimbursed expenses related to an
10emergency declared under s.
166.03 (1) (b) 1. 323.10, and expenditures from moneys
11received pursuant to P.L.
111-5; for the year of the statement under s. 79.015
12increased over its municipal budget as adjusted under sub. (6); exclusive of principal
13and interest on long-term debt and exclusive of revenue sharing payments under s.
1466.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to
15an emergency declared under s.
166.03 (1) (b) 1.
323.10, and expenditures from
16moneys received pursuant to P.L.
111-5; for the year before that year by less than the
17sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.
Note: Corrects cross-reference. Section 166.03 (1) (b) 1. was consolidated with s.
166.03 (1) (b) (intro.) and renumbered to s. 323.10 by
2009 Wis. Act 42.
SB285,28,53
91.40
(3) A statement, signed by the county planning director or the chief
4elected official, certifying that the farmland preservation zoning ordinance or
5amendment complies with s. 91.38 (1)
(f) and (g)
and (h).
Note: Corrects cross-reference. Drafting records indicate that s. 91.38 (1) (f) and
(g), which were created as part of the repeal and recreation of ch. 91 by
2009 Wis. Act 28 had been numbered s. 91.38 (1) (g) and (h) in a draft of that act that also contained a
cross-reference to s. 91.38 (1) (g) and (h) in s. 91.40 (3). The numbering of s. 91.38 (1) (g)
and (h) was subsequently changed to s. 91.38 (1) (f) and (g), but the corresponding
cross-reference in s. 91.40 (3) was not.
SB285,28,98
100.187
(2) (a) 2. A summary of the results of the testing performed under subd.
91.
have has been submitted to the department and approved by the department.
Note: Corrects grammar.
SB285,28,1812
106.50
(5m) (dm) (intro.) It is not discrimination based on status as a victim
13of domestic abuse, sexual
abuse assault, or stalking for a landlord to bring an action
14for eviction of a tenant based on a violation of the rental agreement or of a statute
15that entitles the landlord to possession of the premises, unless subd. 1. or 2. applies.
16A tenant has a defense to an action for eviction brought by a landlord if the tenant
17proves by a preponderance of the evidence that the landlord knew or should have
18known any of the following:
Note: Makes terminology consistent with a defined term and with usage
throughout the statutes. The term defined in s. 106.50 (1m) (u), as created by
2009 Wis.
Act 95, is "status as a victim of domestic abuse, sexual
assault, or stalking."
SB285,29,63
106.50
(5m) (dm) 1. That the tenant is a victim of domestic abuse, sexual
abuse 4assault, or stalking and that the basis for the action for eviction is conduct that
5related to the commission of domestic abuse, sexual
abuse assault, or stalking by a
6person who was not the invited guest of the tenant.
Note: See the previous section of this bill.