SB301: Bill Text

SB301,17,20 (j) A Great Lakes trout and salmon stamp, and a .

SB301,17,21 (k) A sturgeon hook and line tag, and a .

SB301,17,22 (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.

SB301, s. 48 Section 48. 29.405 (a), (b) and (c) of the statutes, as created by 2005 Wisconsin Act 291, are renumbered 29.405 (1), (2) and (3).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b), correcting a numbering error.

SB301, s. 49 Section 49. 29.889 (7m) (ar) (intro.) of the statutes, as created by 2005 Wisconsin Act 82, is amended to read:

SB301,18,8 29.889 (7m) (ar) Exemption; land not required to be open to hunting. (intro.) The requirement under par. (a) does not apply to a person to whom the department grants a shooting permit for deer causing damage that is issued as an abatement measure 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.

SB301, s. 50 Section 50. 29.972 of the statutes, as created by 2005 Wisconsin Act 288, is renumbered 29.973.

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, s. 51 Section 51. 29.987 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 288, is amended to read:

SB301,18,16 29.987 (1) (a) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, other than for a violation specified under s. 29.99 29.9905 (1) (a), the court shall impose a natural resources surcharge 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.

SB301, s. 52 Section 52. 29.99 of the statutes, as created by 2005 Wisconsin Act 288, is renumbered 29.9905.

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, s. 53 Section 53. 29.99 (3) of the statutes, as created by 2005 Wisconsin Act 282, is amended to read:

SB301,19,8 29.99 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wildlife violator compact surcharge under this section. If the deposit is forfeited, the amount of the wildlife violator compact surcharge shall be transmitted to the secretary of administration under par. (d) sub. (4). If the deposit is returned, the wildlife violator compact surcharge shall also be returned.

Note: Inserts the correct cross-reference.

SB301, s. 54 Section 54. 31.385 (2) (e) of the statutes is repealed.

Note: Repeals obsolete transition provision.

SB301, s. 55 Section 55. 41.24 (2) of the statutes, as created by 2005 Wisconsin Act 260, is amended to read:

SB301,19,16 41.24 (2) The agreement under this section shall require that the WPGA Junior Foundation, Inc. provide, without fee and as a condition of receiving payments specified under this section, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group 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.

SB301, s. 56 Section 56. The treatment of 43.12 (1) of the statutes by 2005 Wisconsin Act 226 is not repealed by 2005 Wisconsin Act 420. Both treatments stand.

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. 57 Section 57. 43.15 (5) of the statutes, as created by 2005 Wisconsin Act 420, is renumbered 43.15 (5m).

Note: 2005 Wis. Act 226 also created a provision numbered s. 43.15 (5).

SB301, s. 58 Section 58. 44.45 (4) (b) of the statutes is amended to read:

SB301,20,6 44.45 (4) (b) The list is not a rule under s. 227.13 227.01 (13). The state historical society shall publish the list as an appendix to the rules promulgated under s. 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 Section 59. 46.043 (1) of the statutes is amended to read:

SB301,20,15 46.043 (1) In addition to inpatient and outpatient services provided at mental health institutes under ss. 51.05 and 51.07, the department may authorize mental health institutes to offer services other than inpatient mental health services when the department determines that community services need to be supplemented. Services that may be offered under this section include mental health outpatient treatment and services, day programming, consultation and services in residential facilities, including group homes, child caring institutions residential care centers for 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.

SB301, s. 60 Section 60. The treatment of 46.10 (2) of the statutes by 2005 Wisconsin Act 264 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

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 Section 61. 46.261 (2) (a) 2. of the statutes is amended to read:

SB301,21,10 46.261 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child caring institution residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state pursuant to subd. 1.

Note: The term "child caring institution" was changed to "residential care center for children and youth" by 2001 Wis. Act 59.

SB301, s. 62 Section 62. The treatment of 48.371 (3) (d) of the statutes by 2005 Wisconsin Act 232 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

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.

SB301, s. 63 Section 63. The treatment of 48.396 (1) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

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.

SB301, s. 64 Section 64. The treatment of 48.42 (2m) (a), as renumbered, of the statutes by 2005 Wisconsin Act 277, section 9, is not repealed by 2005 Wisconsin Act 293, section 29. Both treatments stand.

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, s. 65 Section 65 . 48.423 (1) of the statutes, as affected by 2005 Wisconsin Act 293, is amended to read:

SB301,23,12 48.423 (1) Rights to paternity determination. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) or (b) or (bm).

Note: Corrects citation error.

SB301, s. 66 Section 66. The treatment of 48.685 (1) (c) of the statutes by 2005 Wisconsin Act 184 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

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.

SB301, s. 67 Section 67. The treatment of 48.981 (1) (b) of the statutes by 2003 Wisconsin Act 33, section 1189r, is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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.

SB301, s. 68 Section 68. The treatment of 49.45 (6m) (ag) (intro.) of the statutes by 2005 Wisconsin Act 107 is not repealed by 2005 Wisconsin Act 253. Both treatments stand.

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, s. 69 Section 69. 49.497 (1m) (a) of the statutes, as affected by 2005 Wisconsin Act 254, is amended to read:

SB301,25,15 49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at the hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment. If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.

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.

SB301, s. 70 Section 70. The treatment of 50.065 (1) (e) 2. of the statutes by 2005 Wisconsin Act 184 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

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, s. 71 Section 71. 50.09 (1) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 187, is amended to read:

SB301,26,6 50.09 (1) (f) 1. `Privacy for visits by spouse.' If both spouses are residents of the same facility, they shall be permitted to share a room unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.

Note: The single quote marks were inserted without being underscored. No change was intended.

SB301, s. 72 Section 72. 50.14 (4) of the statutes, as affected by 2005 Wisconsin Acts 25 and 49, is amended to read:

SB301,26,13 50.14 (4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under s. 77.59 (7) in excess of $13,800,000 45 percent in a fiscal year shall be deposited in the Medical Assistance trust fund.

Note: The stricken text was inserted by 2005 Wis. Act 49 but rendered without effect by the treatment by 2005 Wis. Act 25.

SB301, s. 73 Section 73. The treatment of 50.39 (3) of the statutes by 2005 Wisconsin Act 22 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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.

SB301, s. 74 Section 74. The treatment of 51.05 (2) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 51.05 (2) reads:

(2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

SB301, s. 75 Section 75. The treatment of 51.30 (4) (b) 8m. of the statutes by 2005 Wisconsin Act 387 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 51.30 (4) (b) 8m. reads:

8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.

SB301, s. 76 Section 76. 51.42 (3) (aw) 1. d. of the statutes, as affected by 2005 Wisconsin Acts 431 and 434, is amended to read:

SB301,27,12 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (b) (4) (g). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

Note: Deletes the paragraph designation of a cross-reference inserted by 2005 Wis. Act 431, but rendered surplusage by the removal of the subsection portion of the cross-reference by 2005 Wis. Act 434.

SB301, s. 77 Section 77. The treatment of 51.61 (1) (o) of the statutes by 2005 Wisconsin Act 387 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 51.61 (1) (o) reads:

(o) Except as otherwise provided, have a right not to be filmed or taped, unless the patient signs an informed and voluntary consent that specifically authorizes a named individual or group to film or tape the patient for a particular purpose or project during a specified time period. The patient may specify in the consent periods during which, or situations in which, the patient may not be filmed or taped. If a patient is adjudicated incompetent, the consent shall be granted on behalf of the patient by the patient's guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a patient detained or committed under ch. 980 and placed in a facility specified under s. 980.065, may be filmed or taped for security purposes without the patient's consent, except that such a patient may not be filmed in patient bedrooms or bathrooms without the patient's consent unless the patient is engaged in dangerous or disruptive behavior. A treatment activity involving a patient committed or detained under ch. 980 may be filmed or taped if the purpose of the recording is to assess the quality of the treatment activity or to facilitate clinical supervision of the staff involved in the treatment activity.