SB300, s. 15 12Section 15. 7.53 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 451,
13is amended to read:
SB300,10,2114 7.53 (2) (a) 3. If the clerk is a candidate at an election being canvassed, the clerk
15may perform his or her duties on the board of canvassers only if the clerk does not
16have an opponent whose name appears on the ballot, or in the case of a recount, if
17the office the clerk is seeking is not a subject of the recount. If the clerk is a candidate
18at the election being canvassed and has an opponent whose name appears on the
19ballot or if the office the clerk is seeking is a subject of a recount, the mayor, president
20of or board chairperson of the municipality shall designate another qualified elector
21of the municipality to serve in lieu of the elector for that election.
Note: Inserts correct word.
SB300, s. 16 22Section 16. The treatment of 9.01 (1) (a) of the statutes by 2005 Wisconsin Act
23149
is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 9.01 (1) (a)
reads:
(a) 1. Any candidate voted for at any election or any elector who voted upon any
referendum question at any election may petition for a recount. The petitioner shall file
a verified petition or petitions with the proper clerk or body under par. (ar) not earlier
than the time of completion of the canvass and not later than 5 p.m. on the 3rd business
day following the last meeting day of the municipal or county board of canvassers
determining the election for that office or on that referendum question prior to issuance
of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers
makes the determination, not later than 5 p.m. on the 3rd business day following the last
meeting day of the last board of canvassers which makes a determination prior to
issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or
chairperson's designee makes the determination for the office or the referendum
question, the petitioner shall file the petition not earlier than the last meeting day of the
last county board of canvassers to make a statement in the election or referendum and
not later than 5 p.m. on the 3rd business day following the day on which the elections
board receives the last statement from a county board of canvassers for the election or
referendum.
2. Each verified petition under subd. 1. shall state all of the following:
a. That at the election the petitioner was a candidate for the office in question or
that the petitioner voted on the referendum question in issue.
b. That the petitioner is informed and believes that a mistake or fraud has been
committed in a specified ward or municipality in the counting and return of the votes cast
for the office or upon the question or that another specified defect, irregularity, or
illegality occurred in the conduct of the election.
3. The petition under subd. 1. shall specify each ward, or each municipality where
no wards exist, in which a recount is desired. If a recount is requested for all wards within
a jurisdiction, each ward need not be specified.
4. The petition under subd. 1. may be amended to include information discovered
as a result of the investigation of the board of canvassers or the chairperson of the board,
or chairperson's designee, after the filing of the petition if the petitioner moves to amend
the petition as soon as possible after the petitioner discovers, or reasonably should have
discovered, the information that is the subject of the amendment and if the petitioner was
unable to include the information in the original petition.
SB300, s. 17 1Section 17. The treatment of 13.94 (4) (a) 1. of the statutes by 2005 Wisconsin
2Act 335
is not repealed by 2005 Wisconsin Act 441. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 13.94 (4) (a)
1. reads:
1. Every state department, board, examining board, affiliated credentialing board,
commission, independent agency, council or office in the executive branch of state
government; all bodies created by the legislature in the legislative or judicial branch of
state government; any public body corporate and politic created by the legislature
including specifically the Fox River Navigational System Authority and the Wisconsin
Aerospace Authority, a professional baseball park district, a local professional football
stadium district, a local cultural arts district and a family care district under s. 46.2895;
every Wisconsin works agency under subch. III of ch. 49; every provider of medical
assistance under subch. IV of ch. 49; technical college district boards; development zones
designated under s. 560.71; every county department under s. 51.42 or 51.437; every
nonprofit corporation or cooperative or unincorporated cooperative association to which
moneys are specifically appropriated by state law; and every corporation, institution,
association or other organization which receives more than 50% of its annual budget from

appropriations made by state law, including subgrantee or subcontractor recipients of
such funds.
SB300, s. 18 1Section 18. 16.964 (12) (k) of the statutes, as created by 2005 Wisconsin Act
225
, is amended to read:
SB300,12,93 16.964 (12) (k) By December 31, 2011, the office, in collaboration with the
4departments of corrections and health and family services, shall submit a report to
5the chief clerk of each house of the legislature, for distribution to the appropriate
6standing committees under section s. 13.172 (3), regarding savings that have been
7generated through the implementation of the grant program. The report shall also
8include recommendations regarding how the grant program should be structured in
9the future.
Note: Corrects citation form. The change is shown in the printed volumes.
SB300, s. 19 10Section 19. 19.01 (4) (g) of the statutes is amended to read:
SB300,12,1411 19.01 (4) (g) Official oaths and bonds of all elected or appointed village officers
12shall be filed in the office of the village clerk for the village in which the officers officer
13serves, except that oaths and bonds of village clerks shall be filed in the office of the
14village treasurer.
Note: Inserts missing word and correct word form.
SB300, s. 20 15Section 20. 19.82 (2) of the statutes is amended to read:
SB300,13,416 19.82 (2) "Meeting" means the convening of members of a governmental body
17for the purpose of exercising the responsibilities, authority, power or duties
18delegated to or vested in the body. If one-half or more of the members of a
19governmental body are present, the meeting is rebuttably presumed to be for the
20purpose of exercising the responsibilities, authority, power or duties delegated to or
21vested in the body. The term does not include any social or chance gathering or
22conference which is not intended to avoid this subchapter, any gathering of the

1members of a town board for the purpose specified in s. 60.50 (6), any gathering of
2the commissioners of a town sanitary district for the purpose specified in s. 60.77 (5)
3(k), or any gathering of the members of a drainage board created under s. 88.16, 1991
4stats., or under s. 88.17, for a purpose specified in s. 88.065 (5) (a).
Note: Inserts serial comma. The change is shown in the printed volumes.
SB300, s. 21 5Section 21. The treatment of 20.566 (1) (hp) of the statutes by 2005 Wisconsin
6Act 323
is not repealed by 2005 Wisconsin Act 460. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 20.566 (1) (hp)
reads:
(hp) Administration of endangered resources; professional football district; breast
cancer research; fire fighters memorial; veterans trust fund; multiple sclerosis programs;
prostate cancer research voluntary payments.
The amounts in the schedule for the
payment of all administrative costs, including data processing costs, incurred in
administering ss. 71.10 (5), (5e), (5f), (5fm), (5g), (5h), and (5m), and 71.30 (10). All
moneys specified for deposit in this appropriation under ss. 71.10 (5) (h) 5., (5e) (h) 4., (5f)
(i), (5fm) (i), (5g) (i), (5h) (i), and (5m) (i), and 71.30 (10) (i) and (11) (i) shall be credited
to this appropriation.
SB300, s. 22 7Section 22. 20.835 (2) (bm) of the statutes, as created by 2005 Wisconsin Act
8405
, is renumbered 20.835 (2) (br).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act
483
also created a provision numbered s. 20.835 (2) (bm).
SB300, s. 23 9Section 23. 30.206 (1) (a) of the statutes is amended to read:
SB300,14,210 30.206 (1) (a) The department shall issue the statewide general permits as
11rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and
1230.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123
13(7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6,
142004. The department shall submit in proposed form the rule containing the
15statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to
16the legislative council staff under section s. 227.15 (1) no later than August 1, 2004.
17General permits issued under s. 30.206, 2001 stats., shall remain valid until the date

1upon which the rules issuing these statewide general permits are promulgated
2under this paragraph.
Note: Corrects citation form. The correction has been made in the printed
volumes.
SB300, s. 24 3Section 24. 31.02 (4r) of the statutes is amended to read:
SB300,14,74 31.02 (4r) The department shall promulgate rules specifying the rights held
5by the public in navigable waters that are dammed. The rules shall include
6provisions on the rights held by the public that affect the placement of fishways or
7fish ladders in navigable waters that are dammed.
Note: Inserts missing article.
SB300, s. 25 8Section 25. 40.23 (3) of the statutes, as affected by 2005 Wisconsin Act 154,
9is amended to read:
SB300,14,1810 40.23 (3) The initial monthly amount of any retirement annuity in the normal
11form shall not be less than the money purchase annuity which can be provided by
12applying the sum of the participant's accumulated additional and required
13contributions, including interest credited to the accumulations, plus an amount from
14the employer accumulation reserve equal to the participant's accumulated required
15contributions, less any accumulated contributions to purchase other governmental
16service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats., to
17fund the annuity in accordance with the actuarial tables in effect on the annuity
18effective date.
Note: Places cross-references in correct order according to current style.
SB300, s. 26 19Section 26. 40.73 (1) (am) 2. of the statutes, as created by 2005 Wisconsin Act
2022
, is amended to read:
SB300,14,2221 40.73 (1) (am) 2. Accumulated contributions to purchase other governmental
22service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats.

Note: Places cross-references in correct order according to current style.
SB300, s. 27 1Section 27. 43.30 (1b) of the statutes is amended to read:
SB300,15,42 43.30 (1b) In this section, "custodial parent" includes any parent other than
3a parent who has been denied periods of physical placement with a child under s.
4767.24 (4) 767.41 (4).
Note: Corrects cross-reference. Section 767.24 was renumbered to s. 767.41 by
2005 Wis. Act 443.
SB300, s. 28 5Section 28. 45.31 (7) of the statutes, as affected by 2005 Wisconsin Act 22, is
6amended to read:
SB300,15,97 45.31 (7) "Funds" include cash on hand and liquid investments owned by the
8veteran and his or her spouse, individually or jointly, unless the veteran and spouse
9are legally separated under s. 767.07 767.35 (1).
Note: Corrects cross-reference. Section 767.07 was renumbered to s. 767.35 (1)
by 2005 Wis. Act 443.
SB300, s. 29 10Section 29. 45.37 (2) (a) of the statutes, as affected by 2005 Wisconsin Act 22,
11is amended to read:
SB300,15,1812 45.37 (2) (a) Applications for loans under this section for a purpose specified
13in s. 45.34 (1) (a), (b), or (d) shall be made to an authorized lender and applications
14for loans under this section for a purpose specified under s. 45.34 (1) (c) may be made
15to the department or to a county veterans service officer on forms approved by the
16department and signed by the applicant. If the applicant is married and not legally
17separated under s. 767.02 767.001 (1) (d) or in the process of obtaining a divorce, the
18applicant's spouse also shall sign the application.
Note: Corrects cross-reference. Section 767.02 was renumbered s. 767.001 by
2005 Wis. Act 443.
SB300, s. 30 19Section 30. 46.03 (7g) of the statutes, as affected by 2005 Wisconsin Act 406,
20section 2, is amended to read:
SB300,16,15
146.03 (7g) Statewide automated child welfare information system. Establish
2a statewide automated child welfare information system. Notwithstanding ss.
346.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
451.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396
5(1) (a) and (2) (a), and 938.78 (2) (a), the department may enter the content of any
6record kept or information received by the department into the statewide automated
7child welfare information system, and a county department under s. 46.215, 46.22
8or 46.23, the department, or any other organization that has entered into an
9information sharing and access agreement with the department or any of those
10county departments and that has been approved for access to the statewide
11automated child welfare information system by the department may have access to
12information that is maintained in that system, if necessary to enable the county
13department, department, or organization to perform its duties under this chapter,
14ch. 48, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services
15under this chapter, ch. 48, 51, 55, or 938, or 42 USC 670 to 679b.
Note: Corrects cross-references. 2005 Wis. Act 264 renumbered s. 55.06 (17) to
s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396
(2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2),
but did not take account of the cross-references inserted by 2005 Wis. Act 406.
SB300, s. 31 16Section 31. 46.215 (1p) of the statutes, as created by 2005 Wisconsin Act 406,
17is amended to read:
SB300,17,218 46.215 (1p) Exchange of information; statewide automated child welfare
19information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78
20(2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82,
21252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county
22department under this section may enter the content of any record kept or

1information received by that county department into the statewide automated child
2welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s.
55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396
(2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2),
but did not take account of the cross-references inserted by 2005 Wis. Act 406.
SB300, s. 32 3Section 32. 46.22 (1) (b) 2. e. of the statutes is amended to read:
SB300,17,74 46.22 (1) (b) 2. e. To make payments in such manner as the department of
5workforce development may determine for training of recipients, former recipients
6and potential recipients of aid in programs established under ss. s. 49.193, 1997
7stats., and s. 49.26 (1).
Note: Corrects citation form.
SB300, s. 33 8Section 33. 46.22 (1) (dp) of the statutes, as created by 2005 Wisconsin Act 406,
9is amended to read:
SB300,17,1610 46.22 (1) (dp) Exchange of information; statewide automated child welfare
11information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2)
12(a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82,
13252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county
14department under this section may enter the content of any record kept or
15information received by that county department into the statewide automated child
16welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s.
55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396
(2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2),
but did not take account of the cross-references inserted by 2005 Wis. Act 406.
SB300, s. 34 17Section 34. 46.23 (3) (ed) of the statutes, as created by 2005 Wisconsin Act 406,
18is amended to read:
SB300,18,519 46.23 (3) (ed) Exchange of information; statewide automated child welfare
20information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2)

1(a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82,
2252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county
3department under this section may enter the content of any record kept or
4information received by that county department into the statewide automated child
5welfare information system established under s. 46.03 (7g).
Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s.
55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396
(2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2),
but did not take account of the cross-references inserted by 2005 Wis. Act 406.
SB300, s. 35 6Section 35. 46.29 (3) (j) of the statutes is repealed.
Note: 46.29 (3) (intro.) provides that, "All of the following shall maintain liaison
with and periodically report to the council on physical disabilities ...", and 46.29 (3) (j)
states "The chairperson of the health policy council." The health policy council was
abolished in 1987 Wisconsin Act 399 by the repeal of s. 14.017 (3).
SB300, s. 36 7Section 36. 48.27 (5) of the statutes, as affected by 2005 Wisconsin Act 293,
8is amended to read:
SB300,18,149 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort
10to identify and notify any person who has filed a declaration of paternal interest
11under s. 48.025, any person who has acknowledged paternity of the child under s.
12767.62 767.805 (1) , and any person who has been adjudged to be the father of the
13child in a judicial proceeding unless the person's parental rights have been
14terminated.
Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by
2005 Wis. Act 443.
SB300, s. 37 15Section 37. 48.40 (1r) of the statutes, as created by 2005 Wisconsin Act 293,
16is amended to read:
SB300,19,517 48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for
18purposes of filing a petition seeking the involuntary termination of parental rights
19under s. 48.415 to a nonmarital child who is not adopted or whose parents do not

1subsequently intermarry under s. 767.60 767.803 and whose paternity has not been
2established, of finding grounds under s. 48.415 for the involuntary termination of
3parental rights to such a child, and of terminating the parental rights to such a child
4on a ground specified in s. 48.415, "parent" includes a person who may be the parent
5of such a child.
Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to
767.803.
SB300, s. 38 6Section 38. 48.42 (1g) (a) (intro.) of the statutes, as created by 2005 Wisconsin
7Act 293
, is amended to read:
SB300,19,178 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition is filed by a
9person or agency other than the district attorney, corporation counsel, or other
10appropriate official under s. 48.09; if the petition seeks to terminate the parental
11rights of a person who may be the father of a nonmarital child who is under one year
12of age at the time the petition is filed, who is not adopted or whose parents do not
13subsequently intermarry under s. 767.60 767.803, and whose paternity has not been
14established; and if the mother of the child has voluntarily consented to or seeks to
15voluntarily consent to the termination of her parental rights to the child, the
16petitioner may file with the petition an affidavit signed by the mother that includes
17all of the following:
Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to
767.803.
SB300, s. 39 18Section 39. 48.42 (2) (bm) (intro.) of the statutes, as created by 2005 Wisconsin
19Act 293
, is amended to read:
SB300,20,220 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year
21of age at the time the petition is filed and who is not adopted or whose parents do not

1subsequently intermarry under s. 767.60 767.803 and whose paternity has not been
2established and if an affidavit under sub. (1g) (a) is filed with the petition:
Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to
767.803.
SB300, s. 40 3Section 40. 48.42 (2m) (b) of the statutes, as created by 2005 Wisconsin Act
4293
, is amended to read:
SB300,20,155 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father of
6a nonmarital child who is not adopted or whose parents do not subsequently
7intermarry under s. 767.60 767.803 and whose paternity has not been established,
8by virtue of the fact that he has engaged in sexual intercourse with the mother of the
9child, is considered to be on notice that a pregnancy and a termination of parental
10rights proceeding concerning the child may occur, and has the duty to protect his own
11rights and interests. He is therefore entitled to actual notice of such a proceeding
12only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under
13sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the
14termination of his parental rights, present evidence relevant to the issue of
15disposition, or make alternative dispositional recommendations.
Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to
767.803.
SB300, s. 41 16Section 41. 48.423 (2) (intro.) of the statutes, as created by 2005 Wisconsin Act
17293
, is amended to read:
SB300,21,218 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the
19father of a nonmarital child who is not adopted or whose parents do not subsequently
20intermarry under s. 767.60 767.803 and whose paternity has not been established
21may contest the petition, present evidence relevant to the issue of disposition, and
22make alternative dispositional recommendations if the person appears at the

1hearing, establishes paternity under sub. (1), and proves all of the following by a
2preponderance of the evidence:
Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to
767.803.
SB300, s. 42 3Section 42. 48.833 of the statutes, as affected by 2005 Wisconsin Acts 293 and
4448, is amended to read:
SB300,21,20 548.833 Placement of children for adoption by the department, county
6departments, and child welfare agencies.
The department, a county
7department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under
8s. 48.60 may place a child for adoption in a licensed foster home or a licensed
9treatment foster home without a court order if the department, county department,
10or child welfare agency is the guardian of the child or makes the placement at the
11request of another agency that is the guardian of the child and if the proposed
12adoptive parents have completed the preadoption preparation required under s.
1348.84 (1) or the department, county department, or child welfare agency determines
14that the proposed adoptive parents are not required to complete that preparation. ,,
15When a child is placed under this section in a licensed foster home or a licensed
16treatment foster home for adoption, the department, county department, or child
17welfare agency making the placement shall enter into a written agreement with the
18proposed adoptive parent, which shall state the date on which the child is placed in
19the licensed foster home or licensed treatment foster home for adoption by the
20proposed adoptive parent.
Note: The stricken commas were inserted by 2005 Wis. Act 293 but rendered
surplusage by 2005 Wis. Act 448.
SB300, s. 43 21Section 43. 48.837 (4) (e) of the statutes, as affected by 2005 Wisconsin Act 293
22and 2005 Wisconsin Act 443, section 265, is amended to read:
SB300,22,10
148.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3),
2ascertain whether the paternity of a nonmarital child who is not adopted or whose
3parents do not subsequently intermarry under s. 767.60 767.803 has been
4acknowledged under s. 767.805 or a substantially similar law of another state or
5adjudicated in this state or another jurisdiction. If the child's paternity has not been
6acknowledged or adjudicated, the court shall attempt to ascertain the paternity of
7the child and shall determine the rights of any person who may be the father of the
8child as provided under s. 48.423. The court may not proceed with the hearing on
9the petitions under this section unless the parental rights of the nonpetitioning
10parent, whether known or unknown, have been terminated.
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