AB573: Bill Text

AB573,9,21 20.566 (3) (gm) Reciprocity agreement and publications. The amounts in the schedule to provide services for the Minnesota income tax reciprocity agreement under s. 71.10 (7) and for publications except as provided in par. (g) and sub. (2) (b) (bm). All moneys received by the department of revenue in return for the provision of these services shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), at the end of the 2006-07 fiscal year, the unencumbered balance of this appropriation account shall lapse to the general fund.

Note: Corrects cross-reference. Section 20.566 (2) (b), as created by 2007 Wis. Act 20, is renumbered to s. 20.566 (2) (bm) by this bill.

AB573, s. 29 Section 29. The treatment of 20.907 (5) (e) 6. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 20.907 (5) (e) 6. reads:

6. Advances from residential care centers for children and youth and counties and moneys receivable from counties under s. 49.343.

AB573, s. 30 Section 30. 20.923 (4) (intro.) of the statutes is amended to read:

AB573,11,5 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i) (h). Except for positions specified in par. (c) 3m. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

Note: Corrects cross-reference. Section 20.923 (4) (i) was repealed by 2007 Wis. Act 20.

AB573, s. 31 Section 31. 29.179 (4) of the statutes, as affected by 2007 Wisconsin Act 65, section 13, is amended to read:

AB573,11,10 29.179 (4) Notwithstanding ss. 29.164 (3) (cr), 29.177 (5) (b), 29.184 (6) (b), and 29.192 (4), a minor who is transferred an approval under this section shall retain all preference points that he or she has previously accumulated for that type of approval.

Note: Inserts missing word and corrects punctuation.

AB573, s. 32 Section 32. 29.194 (title) and (1) (title) of the statutes, as affected by 2007 Wisconsin Acts 23 and 51, are amended to read:

AB573,11,16 29.194 (title) Approvals for students and members of the armed forces, or reserves, or national guard. (1) (title) Certain resident licenses may be issued to students and members of the armed forces, or reserves, or national guard.

Note: The stricken "or" was inserted by 2007 Wis. Act 51 but was rendered surplusage by the treatment by 2007 Wis. Act 23.

AB573, s. 33 Section 33. 29.194 (1) (b) of the statutes, as affected by 2007 Wisconsin Acts 23 and 51, is amended to read:

AB573,12,7 29.194 (1) (b) The department shall treat a qualified member of the armed forces, or a qualified member of a reserve unit of the U.S. armed forces, or a qualified member of the national guard as a resident for purposes of determining the member's eligibility for and cost of obtaining a hunting, trapping, or fishing approval under this chapter. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service in the U.S. armed forces or in forces incorporated in the U.S. armed forces and that he or she is stationed in this state. A qualified member of a reserve unit of the U.S. armed forces is a person who exhibits proof that he or she is a member of a reserve unit of the U.S. armed forces located in this state. A qualified member of the national guard is a person who exhibits proof that he or she is a member of the Wisconsin national guard.

Note: The stricken "or" was inserted by 2007 Wis. Act 51 but was rendered surplusage by the treatment by 2007 Wis. Act 23.

AB573, s. 34 Section 34. 29.194 (1) (c) of the statutes, as created by 2007 Wisconsin Act 51, is amended to read:

AB573,12,14 29.194 (1) (c) In addition to being able to qualify under par. (b), for purposes of qualifying for a resident hunting or fishing approval, a member of the armed forces not stationed in this state or a member of a reserve unit of the U.S. armed forces not located in this state shall be treated as a resident if the member was a resident at the time he or she entered active service.

Note: Inserts missing word.

AB573, s. 35 Section 35. 30.133 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,12,23 30.133 (1) (a) Beginning on April 9, 1994, and except as provided in s. 30.1355 30.1335, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.

Note: 2007 Wis. Act 20 inserted "(a)" without underscores or renumbering. No change was intended. A correct cross-reference is inserted. There is no s. 30.1355.

AB573, s. 36 Section 36. 30.1335 (3) (b) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,13,8 30.1335 (3) (b) If a marina condominium as described in par. (a) contains more than 300 boat slips, the declarant shall make at least 40 percent of the total number of boat slips in the marina condominium available for rent or for transient use by the public. When the declarant conveys title to, or another interest in, a condominium unit that is affected by this restriction on use, the declarant shall include a statement of the restriction in the instrument of conveyance.

Note: Inserts missing word.

AB573, s. 37 Section 37. 30.625 (1) (a) of the statutes is amended to read:

AB573,13,14 30.625 (1) (a) Rent or lease a motorboat for operation by a person who will be operating a motorboat for the first time in each calendar year and who does not hold a valid certificate issued under s. 30.74 (1) unless the person engaged in the rental or leasing gives the person instruction on how to operate a t motorboat in the manner established by the department under under s. 30.74 (1) (am).

Note: The letter "t" is left over from the incomplete striking through of the word "watercraft" by 2005 Wis Act 356, section 1d. The change was printed in the 2007-08 Statutes.

AB573, s. 38 Section 38. 35.84 (figure) line 18. of the statutes is repealed.

Note: This line provides for distribution of publications to the Revisor of Statutes Bureau, which was eliminated by 2007 Wis. Act 20.

AB573, s. 39 Section 39. 36.25 (47) of the statutes, as created by 2007 Wisconsin Act 208, is renumbered 36.25 (48).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2007 Wis. Act 20 also created a provision numbered s. 36.25 (47).

AB573, s. 40 Section 40. 36.59 (7) of the statutes, as affected by 2007 Wisconsin Act 20, section 731m, is renumbered 36.59 (7m).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2007 Wis. Act 20, section 736x, creates a provision also numbered s. 36.59 (7).

AB573, s. 41 Section 41. 40.08 (1r) of the statutes, as affected by 2007 Wisconsin Act 131, section 26, is renumbered 40.08 (1u).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Section 13 of 2007 Wis. Act 131 created a provision numbered s. 40.08 (1r), and section 26 of that act renumbered s. 40.80 (2r) (b) to s. 40.08 (1r), resulting in 2 provisions with the same number.

AB573, s. 42 Section 42. 40.08 (1u) (title) of the statutes is created to read:

AB573,14,4 40.08 (1u) (title) Deferred compensation plan assets.

Note: All other subsections in s. 40.08 have titles. 2007 Wis. Act 131, section 26, renumbered s. 40.80 (2r) (b) to s. 40.08 (1r), but did not provide a title for the renumbered subsection. This bill renumbers s. 40.08 (1r), as renumbered from s. 40.80 (2r) (b) by 2007 Wis. Act 131, section 26, to be s. 40.08 (1u).

AB573, s. 43 Section 43. The treatment of 43.30 (1b) of the statutes by 2007 Wisconsin Act 34 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 43.30 (1b) (intro.) and (a), as renumbered and amended from s. 43.30 (1b) by 2007 Wis. Act 34, read:

(1b) In this section:

(a) "Custodial parent" includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.41 (4).

AB573, s. 44 Section 44. 46.03 (38) of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB573,14,14 46.03 (38) Automatic external defibrillator instruction. Approve individuals, organizations, or institutions of higher education to provide instruction in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), for persons who are required as a condition of licensure, certification, or registration to have current proficiency in the use of an automatic external defibrillator.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 45 Section 45. 46.21 (2m) (c) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,15,19 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), and 253.07 (3) (c), a subunit of a county department of human services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 46 Section 46. 46.215 (1m) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,16,15 46.215 (1m) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this subsection shall document that a request for information was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 47 Section 47. The treatment of 46.215 (1p) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.215 (1p) reads:

(1p) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).

AB573, s. 48 Section 48. The treatment of 46.22 (1) (b) 2. e. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.22 (1) (b) 2. e. reads:

e. To make payments in such manner as the department of children and families may determine for training of recipients, former recipients and potential recipients of aid in programs established under s. 49.193, 1997 stats., and s. 49.26 (1).

AB573, s. 49 Section 49. 46.22 (1) (dm) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,17,21 46.22 (1) (dm) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 50 Section 50. The treatment of 46.22 (1) (dp) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.22 (1) (dp) reads:

(dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).

AB573, s. 51 Section 51. 46.23 (3) (e) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,19,2 46.23 (3) (e) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), a subunit of a county department of human services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 52 Section 52. The treatment of 46.23 (3) (ed) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 46.23 (3) (ed) reads:

(ed) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 48.47 (7g).

AB573, s. 53 Section 53. The treatment of 46.261 (2) (a) 2. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 48.645 (2) (a) 2., as renumbered from s. 46.261 (2) (a) 2. by 2007 Wis. Act 20, reads:

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 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 the child is placed in a licensed residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state as provided in subd. 1.

AB573, s. 54 Section 54. 46.283 (6) (a) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,20,2 46.283 (6) (a) 2. At least one-fourth of the members of the governing board shall be individuals who belong to a client group served by the resource center or their family members, guardians, or other advocates. The proportion of these board members who belong to each client group, or their family members, guardians, or advocates, shall be the same, respectively, as the proportion of individuals in this state who receive services under s. 46.2805 to 46.2895 and belong to each client group.

Note: Reinserts necessary word that was stricken by 2007 Wis. Act 20. The phrase "individuals who belong to a client group served by the resource center" was inserted by Act 20 without scoring. The insertion was intended. See also Section 218 of this bill.

AB573, s. 55 Section 55. 46.2895 (13) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,20,19 46.2895 (13) Dissolution. Subject to the performance of the contractual obligations of a long-term care district and if first approved by the secretary of the department, the long-term care district may be dissolved by the joint action of the long-term care district board and each county or tribe or band that created the long-term care district and has not withdrawn or been removed from the district under sub. (14). If the a long-term care district that is created by one county or tribe or band is dissolved, the property of the district shall be transferred to the county or tribe or band that created it. If a long-term care district is created by more than one county or tribe or band, all of the counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub. (14) shall agree on the apportioning of the long-term care district's property before the district may be dissolved. If the long-term care district operates a care management organization under s. 46.284, disposition of any remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.

Note: Deletes unnecessary word.

AB573, s. 56 Section 56. 46.40 (14m) of the statutes is amended to read:

AB573,21,5 46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under s. 46.45 (2) (a) or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

Note: Deletes obsolete cross-reference. Section 46.45 (2) (a) was renumbered s. 48.565 (2) (a) by 2007 Wis. Act 20 so as to place responsibility for the distribution of unspent children and family aids under the Department of Children and Families. As such, funds distributed under s. 48.565 (2) would not be included in a county's community aids budget submitted to the Department of Health Services under s. 46.40 (14m).

AB573, s. 57 Section 57. 48.299 (6) (b) of the statutes is amended to read:

AB573,21,9 48.299 (6) (b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s. 767.45 767.80 (5) (c) and (6r).

Note: Section 767.45 was renumbered s. 767.80 by 2005 Wis. Act 443.

AB573, s. 58 Section 58. 48.47 (7g) of the statutes, as affected by 2007 Wisconsin Act 20, section 809, and 2007 Wisconsin Act 96, section 30, is amended to read:

AB573,22,5 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b.

Note: Deletes unnecessary word.