AB768: Bill Text

AB768,61,4 15. A wild rice dealer license issued under s. 29.544 (4) (b).

AB768,61,5 16. A wild ginseng harvest or dealer license issued under s. 29.547.

AB768,61,6 17. A license issued under s. 29.573.

AB768,61,7 18. A game bird or animal farm license issued under s. 29.574.

AB768,61,8 19. A fur animal farm license issued under s. 29.575.

AB768,61,9 20. A deer farm license or a permit issued under s. 29.578.

AB768,61,10 21. A wildlife exhibit license issued under s. 29.585.

AB768,61,12 (b) Duplicates. For purposes of this subsection, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance.

AB768,61,15 (c) Disclosure of numbers. The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of making certifications required under s. 73.0301.

AB768,61,20 (d) Denial and revocation. The department shall deny an application to issue or renew, or revoke if already issued, an approval specified in par. (a) if the applicant for or the holder of the approval fails to provide the information required under par. (a) or if the department of revenue certifies that the applicant or approval holder is liable for delinquent taxes under s. 73.0301.

AB768, s. 65 Section 65. 29.134 (3) of the statutes is amended to read:

AB768,61,24 29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m), by the department upon application. The form of application and license shall be prescribed by the department.

AB768, s. 66 Section 66. 29.135 (3) of the statutes is amended to read:

AB768,62,4 29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m), 29.99 or 29.995.

AB768, s. 67 Section 67. 29.33 (2) (d) of the statutes is amended to read:

AB768,62,17 29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB768, s. 68 Section 68. 29.50 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,62,20 29.50 (1) (e) The transportation and sale of farm-raised fish.

AB768, s. 69 Section 69. 29.521 (2) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,63,2 29.521 (2) (a) The department, subject to s. 29.09 (11m), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

AB768, s. 70 Section 70. 29.521 (2) (c) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,63,9 29.521 (2) (c) 1. The department, subject to s. 29.09 (11m), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

AB768, s. 71 Section 71. 29.544 (3) of the statutes is amended to read:

AB768,63,19 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB768, s. 72 Section 72. 29.573 (2) of the statutes is amended to read:

AB768,63,23 29.573 (2) No license shall be granted may be issued unless the applicant owns or has under lease the area for which the license is granted issued. Boundaries of the area licensed shall be defined and posted as prescribed by the department.

AB768, s. 73 Section 73. 29.574 (3) of the statutes is amended to read:

AB768,64,24 29.574 (3) Upon the filing of such declaration the department shall forthwith investigate the same and may require the applicant to produce satisfactory evidence of the facts therein stated. It will be necessary for the licensee to purchase all wild game within the boundaries of the proposed farm of the species designated in the license, and to effect this purpose the department thereupon shall appoint one member, the applicant one member, and these 2 shall select a 3rd member, the 3 to act as a board to go upon the lands embraced within the proposed license and determine as near as possible the number of wild birds and animals of the desired species thereon at the time of the granting issuing of the license. The necessary expenses of all of the members of such board shall be paid by the licensee. Within 30 days after the date of such determination as accepted by the department the licensee shall pay to the department a specified sum as may be determined by the department for those species of wild birds or wild animals on the lands that are desired for propagation purposes, the title of which rests in the state. If upon such examination it appears that the applicant is the owner or lessee of said lands, and the applicant intends in good faith to establish, operate and maintain a game bird and animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of such game birds and animals thereon according to this section. When such license has been granted issued, the licensee shall become the owner of all such game birds or animals thereon of the species licensed and of all of their offspring actually produced thereon and remaining thereon, subject however to the jurisdiction of the department over all game.

AB768, s. 74 Section 74. 29.575 (3) of the statutes is amended to read:

AB768,65,8 29.575 (3) Upon the filing of such declaration the department shall investigate and may require the applicant to produce satisfactory evidence of the facts stated in the declaration. If it appears that the applicant is the owner or lessee of the lands, and that the applicant intends in good faith to establish, operate and maintain a fur animal farm, subject to s. 29.09 (11m), the department shall issue a license to the applicant. The license shall describe the lands and shall certify that the licensee is entitled to use the same for dealing, breeding, propagating and trapping fur animals on the land described in the license.

AB768, s. 75 Section 75. 29.575 (4) of the statutes is amended to read:

AB768,65,24 29.575 (4) Upon issuance of the license, the department shall appoint one person, the applicant shall appoint one person, and these 2 shall select a 3rd person to enter the lands and determine the number of fur animals thereon at the time of the granting issuing of the license. The necessary expenses of these persons shall be paid by the licensee. Within 10 days after the date of such determination, the licensee shall pay to the department $2.50 for each beaver, 50 cents for each muskrat, $2.50 for each mink, $2.50 for each otter, $1 for each raccoon, and 50 cents for each skunk so found on such lands. Only those animals to be licensed under the fur animal farm are to be paid for. When such payment has been made the licensee shall become owner of such fur animals on said lands and of all of their offspring remaining thereon. The licensee shall have the right to manage and control said lands and the licensed fur animals thereon, to take the same at any time or in any manner, subject to s. 29.245, which the licensee sees fit and deems to the best advantage of the licensee's business, and to sell and transport at any time said fur animals or the pelts taken from them.

AB768, s. 76 Section 76. 29.578 (4) of the statutes is amended to read:

AB768,66,18 29.578 (4) The licensee shall pay to the department $25 for each deer so found on such lands. When such payment has been made and the license issued, the licensee shall become the owner of all deer on said lands and of all their offspring. The licensee shall have the right to manage and control said lands and the deer thereon, to kill the deer, subject to s. 29.245, and to sell the deer as provided by this section. If upon examination it shall appear that the applicant is the owner or lessee of said lands, and that the applicant intends in good faith to establish, operate and maintain a deer farm, the department may inform the applicant that as soon as the applicant has built a suitable deer fence around the area to be included within the license, it will issue the same. Said deer-tight fence shall be built in accordance with specifications prescribed by the department; provided, the department may issue a license for such deer farms heretofore established if the fence actually inclosing said farm is in fact sufficient to hold deer therein. After the complete installation of such fence and after the department has satisfied itself that it is satisfactory and complies with the law, it may issue a license to the applicant describing such lands, and certifying that the licensee is lawfully entitled to use the same for the breeding, propagating, killing and selling of deer thereon according to this section. Section 29.09 (11m) applies to the issuance of licenses under this subsection.

AB768, s. 77 Section 77. 29.578 (5) of the statutes is amended to read:

AB768,66,22 29.578 (5) The deer farm license shall be renewed each year, subject to s. 29.09 (11m), if the licensee has not violated any of the provisions under which it was granted issued.

AB768, s. 78 Section 78. 29.578 (11) of the statutes is amended to read:

AB768,67,21 29.578 (11) Each license shall be accepted by the licensee upon the condition that the licensee will comply with this section and with all provisions of law and that the licensee will honestly operate said deer farm for the purpose of propagating deer; that the title to the deer in the inclosure for which a license has been granted issued and for which the applicant has paid the state at the rate of $25 per deer, shall be conditional upon the applicant and licensee honestly and fairly complying with this section and provisions of law relating to the operation of deer farms; and in the action to revoke the license of said licensee, or to establish the licensee's unfitness to further operate said deer farm, the court, in the judgment, in the event it is determined that the applicant and licensee has violated this section and the provisions of law relating to the operation of deer farms, shall provide that the title to all of the deer within said inclosure together with all of the increase therefrom be forfeited to the state; that the said tract of land shall not be used for a deer farm for a period of 5 years and until a new license therefor, after said 5 years, has been issued by the department as provided in this section; that the department shall within 30 days of the notice of entry of judgment enter upon said tract and open the said fences in such a manner as to give the inclosed animals free egress and may drive the said animals out of the inclosure if in the opinion of the department it is for the best interests of the state; said lands for which said license has been forfeited may be used by the owner thereof for all lawful purposes except the propagating of deer during said time, and during said 5 year period said lands shall be a sanctuary and no hunting or trapping of any kind or character shall be practiced therein or thereon. The department shall in such event duly post notices thereof at intervals of 10 rods around the entire tract.

AB768, s. 79 Section 79. 29.578 (14) (am) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB768,68,3 29.578 (14) (am) The Subject to s. 29.09 (11m), the department may issue special retail deer sale permits authorizing a person to retail venison in the carcass from a deer lawfully killed under this section to any retailer of meats.

AB768, s. 80 Section 80. 29.578 (14) (b) (intro.) of the statutes is amended to read:

AB768,68,10 29.578 (14) (b) (intro.) Any person may serve venison obtained from a deer farm licensed under this section if the person has a venison serving permit from the department. The application for this permit shall be in the form and include the information the department requires. If the department after investigation is satisfied that the application is satisfactory it, the department, subject to s. 29.09 (11m), shall issue a venison serving permit conditioned as follows:

AB768, s. 81 Section 81. 29.585 (1) of the statutes is amended to read:

AB768,68,15 29.585 (1) The department may grant issue licenses for wildlife exhibits which are defined as any place where one or more live wild animals are kept in captivity for the purpose of exhibition or for advertising purposes. The form of application and license shall be prescribed by the department.

AB768, s. 82 Section 82. 29.585 (3) of the statutes is amended to read:

AB768,68,20 29.585 (3) No wildlife exhibition license shall be granted may be issued by the department until it is satisfied that the provisions for housing and caring for such wild animals and for protecting the public are proper and adequate and in accordance with the standards therefor established by the department.

AB768, s. 83 Section 83. 38.14 (2) (d) 1. of the statutes is amended to read:

AB768,68,23 38.14 (2) (d) 1. Lease facilities to others for school purposes. The district board may not enter into a lease under this subdivision after June 30, 1991 1999.

AB768, s. 84 Section 84. 40.08 (1) of the statutes is amended to read:

AB768,69,12 40.08 (1) Exemptions. The benefits payable to, or other rights and interests of, any member, beneficiary or distributee of any estate under any of the benefit plans administered by the department, including insurance payments, shall be exempt from any tax levied by the state or any subdivision of the state and shall not be assignable, either in law or equity, or be subject to execution, levy, attachment, garnishment or other legal process except as specifically provided in this section; except that, notwithstanding s. 40.01 (2), the department of revenue may attach benefit payments to satisfy delinquent tax obligations. The board and any member or agent thereof and the department and any employe or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment under this subsection. The exemption from taxation under this section shall not apply with respect to any tax on income.

AB768, s. 85 Section 85. 40.25 (6) (a) 5. of the statutes is repealed.

AB768, s. 86 Section 86. 40.25 (7) (g) of the statutes is repealed and recreated to read:

AB768,69,16 40.25 (7) (g) The crediting of any service under this subsection is subject to any applicable requirements under section 415 of the Internal Revenue Code.

AB768, s. 87 Section 87. 40.31 (1) of the statutes is repealed and recreated to read:

AB768,69,22 40.31 (1) General limitation. The maximum retirement benefits payable to a participant in a calendar year, excluding benefits attributable to contributions subject to any limitations under s. 40.23 (2) (a), (2m) (c) and (3), may not exceed the maximum benefit limitation established under section 415 (b) of the Internal Revenue Code.

AB768, s. 88 Section 88. 40.31 (2) of the statutes is repealed.

AB768, s. 89 Section 89. 40.32 (1) of the statutes is repealed and recreated to read:

AB768,70,7 40.32 (1) The sum of all contributions allocated to a participant's account under each defined contribution plan sponsored by the employer, including all employer contributions and picked-up contributions credited with interest at the effective rate under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employe contributions made under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code.

AB768, s. 90 Section 90. 40.32 (3) of the statutes is amended to read:

AB768,70,15 40.32 (3) Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6). If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employe, either as an additional contribution under s. 40.05 (1) (a) 5. or a purchase of forfeited or creditable service under s. 40.02 (17) or 40.25 (6) (a) or (7) (a).

AB768, s. 91 Section 91. 45.74 (7) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,70,23 45.74 (7) (title) Price-of-home Amount of loan limitation. The price amount of the home loan exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing establish the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

AB768, s. 92 Section 92. 46.036 (3) (g) of the statutes is created to read:

AB768,71,6 46.036 (3) (g) Notwithstanding pars. (b) and (d), if a county has an existing system, approved by the department, to monitor and assess the outcomes of a contract and if the county is so authorized by the department, the county may contract with providers to pay in advance or after provision of services a fixed amount for each person served by the provider in return for a defined set of expected outcomes that are determined by the county.

AB768, s. 93 Section 93. 46.10 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,71,13 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB768, s. 94 Section 94. 46.10 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,72,18 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183, 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 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. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) 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.

AB768, s. 95 Section 95. 46.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,73,4 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, or 48.357, 938.183, 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, or child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB768, s. 96 Section 96. 46.10 (14) (e) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB768, s. 97 Section 97. 46.21 (5) (b) of the statutes is amended to read:

AB768,73,9 46.21 (5) (b) Sections 46.10, 49.08, 49.90, 301.12 and 767.42 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

AB768, s. 98 Section 98. 46.247 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,73,19 46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355, or 48.357, 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB768, s. 99 Section 99. 46.27 (11) (c) 3m. of the statutes is repealed.

AB768, s. 100 Section 100. 46.40 (2m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,74,2 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $9,702,400 $10,493,900 in fiscal year 1997-98 and not more than $8,641,100 $10,224,100 in fiscal year 1998-99.

AB768, s. 101 Section 101. 48.01 (1) (a) of the statutes is amended to read:

AB768,74,17 48.01 (1) (a) While recognizing that the paramount goal of this chapter is to protect children, to preserve the unity of the family, whenever appropriate, by strengthening family life through assisting parents, whenever appropriate, in fulfilling their parental responsibilities. The courts and agencies responsible for child welfare, while assuring that a child's health and safety are the paramount concerns, should assist parents in changing any circumstances in the home which might harm the child or which may require the child to be placed outside the home. The courts should recognize that they have the authority, in appropriate cases, not to reunite a child with his or her family. The courts and agencies responsible for child welfare should also recognize that instability and impermanence in family relationships are contrary to the welfare of children and should therefore recognize the importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their safe return to the family.

AB768, s. 102 Section 102. 48.01 (1) (gg) of the statutes is amended to read:

AB768,74,21 48.01 (1) (gg) To promote the adoption of children into safe and stable families rather than allowing children to remain in the impermanence of foster or treatment foster care.

AB768, s. 103 Section 103. 48.21 (5) (b) of the statutes is amended to read:

AB768,75,2 48.21 (5) (b) An order relating to a child held in custody outside of his or her home shall also describe any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home and to involve the parents in planning for the child.

AB768, s. 104 Section 104. 48.235 (8) of the statutes is repealed and recreated to read:

AB768,75,8 48.235 (8) Compensation. (a) A guardian ad litem appointed under this chapter shall be compensated at a rate that the court determines is reasonable, except that, if the court orders a county to pay the compensation of the guardian ad litem under par. (b) or (c) 2., the amount ordered may not exceed the compensation payable to a private attorney under s. 977.08 (4m) (b).

AB768,75,20 (b) Subject to par. (c), the court may order either or both of the parents of a child for whom a guardian ad litem is appointed under this chapter to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court may order either or both of the parents of the child to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If one or both parents are indigent or if the court determines that it would be unfair to a parent to require him or her to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court orders the county of venue to pay because a parent is indigent, the court may also order either or both of the parents to reimburse the county, in whole or in part, for the payment.

AB768,75,23 (c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833, the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

AB768,76,4 2. In an uncontested termination of parental rights and adoption proceeding under s. 48.835 or 48.837, the court shall order the proposed adoptive parents to pay the compensation of the child's guardian ad litem. If the proposed adoptive parents are indigent, the court may order the county of venue to pay the compensation, in whole or in part, and may order the proposed adoptive parents to reimburse the county, in whole or in part, for the payment.