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SB70-AA10,216,147 165.95 (3) (j) The program is developed with input from, and implemented in
8collaboration with, one or more circuit court judges, the district attorney, the state
9public defender, local and, if applicable, tribal law enforcement officials, county
10agencies and, if applicable, tribal agencies responsible for providing social services,
11including services relating to alcohol and other drug addiction substance use
12disorder
, child welfare, mental health, and the Wisconsin Works program, the
13departments of corrections, children and families, and health services, private social
14services agencies, and substance abuse use disorder treatment providers.
SB70-AA10,410 15Section 410. 165.95 (3) (k) of the statutes is amended to read:
SB70-AA10,216,1816 165.95 (3) (k) The county or tribe complies with other eligibility requirements
17established by the department of justice to promote the objectives listed in pars. (a)
18and (b)
this subsection.
SB70-AA10,411 19Section 411. 302.43 of the statutes is amended to read:
SB70-AA10,217,9 20302.43 Good time. Every inmate of a county jail is eligible to earn good time
21in the amount of one-fourth of his or her term for good behavior if sentenced to at
22least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
23for time served prior to sentencing under s. 973.155, including good time under s.
24973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
25or refuses to perform any duty lawfully required of him or her, may be deprived by

1the sheriff of good time under this section, except that the sheriff shall not deprive
2the inmate of more than 2 days good time for any one offense without the approval
3of the court. An inmate who files an action or special proceeding, including a petition
4for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
5the number of days of good time specified in the court order prepared under s. 807.15
6(3). This section does not apply to a person who is confined in the county jail in
7connection with his or her participation in a substance abuse treatment program
8that meets the requirements of s. 165.95 (3), as determined by the department of
9justice under s. 165.95 (9) and (10).
SB70-AA10,412 10Section 412 . 961.472 (5) (b) of the statutes is amended to read:
SB70-AA10,217,1311 961.472 (5) (b) The person is participating in a an evidence-based substance
12abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
13as determined by the department of justice under s. 165.95 (9) and (10).
SB70-AA10,413 14Section 413. 967.11 (1) of the statutes is amended to read:
SB70-AA10,217,1715 967.11 (1) In this section, “approved substance abuse treatment program"
16means a substance abuse treatment program that meets the requirements of s.
17165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
SB70-AA10,414 18Section 414. 967.11 (2) of the statutes is amended to read:
SB70-AA10,217,2419 967.11 (2) If a county establishes an approved substance abuse treatment
20program and the approved program authorizes the use of surveillance and
21monitoring technology or day reporting programs, a court or a district attorney may
22require a person participating in an the approved substance abuse treatment
23program to submit to surveillance and monitoring technology or a day reporting
24program as a condition of participation.
SB70-AA10,415 25Section 415. 973.155 (1m) of the statutes is amended to read:
SB70-AA10,218,5
1973.155 (1m) A convicted offender shall be given credit toward the service of
2his or her sentence for all days spent in custody as part of a substance abuse
3treatment program that meets the requirements of s. 165.95 (3), as determined by
4the department of justice under s. 165.95 (9) and (10), for any offense arising out of
5the course of conduct that led to the person's placement in that program.
SB70-AA10,9227 6Section 9227. Fiscal changes; Justice.
SB70-AA10,218,107 (1) Transfer of moneys for grants for alternatives to prosecution and
8incarceration.
There is transferred the unencumbered balance in the appropriation
9account under s. 20.455 (2) (kr), 2021 stats., to the appropriation account under s.
1020.455 (2) (jd) on the effective date of this subsection.
SB70-AA10,9327 11Section 9327. Initial applicability; Justice.
SB70-AA10,218,1412 (1) Treatment alternatives and diversions. The treatment of s. 165.95 (1) (ac),
13(2), (2r), and (3) (a), (ag), (bd), (d), (e), (g), (h), (j), and (k), first applies to grants
14awarded under s. 165.95 (2) on the effective date of this subsection.”.
SB70-AA10,218,15 15283. Page 374, line 11: after that line insert:
SB70-AA10,218,16 16 Section 416. 23.09 (2) (d) (intro.) of the statutes is amended to read:
SB70-AA10,218,2317 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or
18agreement, and receive by gifts or devise, lands or waters suitable for the purposes
19enumerated in this paragraph, and maintain such lands and waters for such
20purposes; and, except for the purpose specified under subd. 12., may condemn lands
21or waters suitable for such purposes after obtaining approval of the appropriate
22standing committees of each house of the legislature as determined by the presiding
23officer thereof:
SB70-AA10,417 24Section 417. 27.01 (2) (a) of the statutes is amended to read:
SB70-AA10,219,7
127.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
2for state park purposes and may acquire such lands and waters by condemnation
3after obtaining approval of the senate and assembly committees on natural
4resources. The power of condemnation may not be used for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a).
SB70-AA10,418 8Section 418. 27.019 (10) of the statutes is amended to read:
SB70-AA10,219,199 27.019 (10) Acquisition of land. Any county in which there does not exist a
10county park commission acting through its rural planning committee may acquire
11by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
12consent of the county board, a sufficient tract or tracts of land for the reservation for
13public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
14places of special historic interest, memorial grounds, parks, playgrounds, sites for
15public buildings, and reservations in and about and along and leading to any or all
16of the same, and to develop and maintain the same for public use. The power of
17condemnation may not be used for the purpose of establishing or extending a
18recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
19in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,419 20Section 419. 27.05 (3) of the statutes is amended to read:
SB70-AA10,220,521 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
22condemnation, or otherwise, with the approval and consent of the county board, such
23tracts of land or public ways as it deems suitable for park purposes; including lands
24in any other county not more than three-fourths of a mile from the county line; but
25no land so acquired shall be disposed of by the county without the consent of said

1commission, and all moneys received for any such lands, or any materials, so
2disposed of, shall be paid into the county park fund hereinafter established. The
3power of condemnation may not be used for the purpose of establishing or extending
4a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
5defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,420 6Section 420. 27.065 (1) (a) of the statutes is amended to read:
SB70-AA10,220,247 27.065 (1) (a) The county board of any county which shall have adopted a
8county system of parks or a county system of streets and parkways, pursuant to s.
927.04, may acquire the lands necessary for carrying out all or part of such plan by
10gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
11acquired by condemnation unless and until the common council of the city or the
12board of trustees of the village or the board of supervisors of the town wherein such
13land is situated shall consent thereto. The power of condemnation may not be used
14for the purpose of establishing or extending a recreational trail; a bicycle way, as
15defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
16way, as defined in s. 346.02 (8) (a).
The cost of acquiring such lands by purchase or
17condemnation may be paid in whole or in part by the county or by the property to be
18benefited thereby, as the county board shall direct but in no case shall the amount
19assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
20that no assessment for paying the cost of acquiring lands may be levied or collected
21against the property to be benefited until the governing body of the city, village or
22town where such lands are located has by resolution determined that the public
23welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
24estate in fee simple.
SB70-AA10,421 25Section 421. 27.08 (2) (b) of the statutes is amended to read:
SB70-AA10,221,13
127.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
2pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
3or in trust, money, real or personal property, or any incorporeal right or privilege;
4except that no lands may be acquired by condemnation for the purpose of
5establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
6(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
7346.02 (8) (a)
. Gifts to any city of money or other property, real or personal, either
8absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
9be accepted only after they shall have been recommended by the board to the common
10council and approved by said council by resolution. Subject to the approval of the
11common council the board may execute every trust imposed upon the use of property
12or property rights by the deed, testament or other conveyance transferring the title
13of such property to the city for park, parkway, boulevard or pleasure drive purposes.
SB70-AA10,422 14Section 422. 27.08 (2) (c) of the statutes is amended to read:
SB70-AA10,221,2515 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands
16in the name of the city for park, parkway, boulevard or pleasure drive purposes
17within or without the city and, with the approval of the common council, to sell or
18exchange property no longer required for its purposes. Every city is authorized, upon
19recommendation of its officers, board or body having the control and management
20of its public parks, to acquire by condemnation in the name of the city such lands
21within or without its corporate boundaries as it may need for public parks, parkways,
22boulevards and pleasure drives. The power of condemnation may not be used for the
23purpose of establishing or extending a recreational trail; a bicycle way, as defined in
24s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
25defined in s. 346.02 (8) (a).
SB70-AA10,423
1Section 423. 32.015 of the statutes is repealed.
SB70-AA10,424 2Section 424. 32.51 (1) (intro.) of the statutes is amended to read:
SB70-AA10,222,53 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I
4and subject to the limitations under s. 32.015, any city may condemn or otherwise
5acquire property under this subchapter for:
SB70-AA10,425 6Section 425. 59.52 (6) (a) of the statutes is amended to read:
SB70-AA10,222,197 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
875 and acquire, lease or rent property, real and personal, for public uses or purposes
9of any nature, including without limitation acquisitions for county buildings,
10airports, parks, recreation, highways, dam sites in parks, parkways and
11playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
12for operation under s. 59.70 (24), equipment for clearing and draining land and
13controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
14transfer of real property to the state for new collegiate institutions or research
15facilities, and for transfer to the state for state parks and for the uses and purposes
16specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire
17property for the purpose of establishing or extending a recreational trail; a bicycle
18way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
19pedestrian way, as defined in s. 346.02 (8) (a).
SB70-AA10,426 20Section 426. 60.782 (2) (d) of the statutes is amended to read:
SB70-AA10,223,221 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
22situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
23or 30.275 (4). The power of condemnation may not used to acquire property for the
24purpose of establishing or extending a recreational trail; a bicycle way, as defined in

1s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
2defined in s. 346.02 (8) (a).
SB70-AA10,427 3Section 427. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
4to read:
SB70-AA10,223,145 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b),
6the
The village board may acquire property, real or personal, within or outside the
7village, for parks, libraries, recreation, beautification, streets, water systems,
8sewage or waste disposal, harbors, improvement of watercourses, public grounds,
9vehicle parking areas, and for any other public purpose; may acquire real property
10within or contiguous to the village, by means other than condemnation, for industrial
11sites; may improve and beautify the same; may construct, own, lease and maintain
12buildings on such property for instruction, recreation, amusement and other public
13purposes; and may sell and convey such property. Condemnation shall be as
14provided by ch. 32.
SB70-AA10,428 15Section 428. 61.34 (3) (b) of the statutes is repealed.
SB70-AA10,429 16Section 429. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
17to read:
SB70-AA10,224,218 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of
19any city may by gift, purchase or condemnation acquire property, real or personal,
20within or outside the city, for parks, recreation, water systems, sewage or waste
21disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
22any other public purpose; may acquire real property within or contiguous to the city,
23by means other than condemnation, for industrial sites; may improve and beautify
24the same; may construct, own, lease and maintain buildings on such property for

1public purposes; and may sell and convey such property. The power of condemnation
2for any such purpose shall be as provided by ch. 32.
SB70-AA10,430 3Section 430. 62.22 (1) (b) of the statutes is repealed.
SB70-AA10,431 4Section 431. 62.23 (17) (a) (intro.) of the statutes is amended to read:
SB70-AA10,224,115 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire
6by gift, lease, purchase, or condemnation any lands within its corporate limits for
7establishing, laying out, widening, enlarging, extending, and maintaining memorial
8grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
9buildings, and reservations in and about and along and leading to any or all of the
10same or any lands adjoining or near to such city for use, sublease, or sale for any of
11the following purposes:
SB70-AA10,432 12Section 432. 62.23 (17) (am) of the statutes is repealed.
SB70-AA10,433 13Section 433. 85.09 (2) (a) of the statutes is amended to read:
SB70-AA10,225,1814 85.09 (2) (a) The department of transportation shall have the first right to
15acquire, for present or future transportational or recreational purposes, any
16property used in operating a railroad or railway, including land and rails, ties,
17switches, trestles, bridges, and the like located on that property, that has been
18abandoned. The department of transportation may, in connection with abandoned
19rail property, assign this right to a state agency, the board of regents of the University
20of Wisconsin System, any county or municipality, or any transit commission.
21Acquisition by the department of transportation may be by gift, purchase, or
22condemnation in accordance with the procedure under s. 32.05, except that the power
23of condemnation may not be used to acquire property for the purpose of establishing
24or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle
25lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a)
.

1In addition to its property management authority under s. 85.15, the department of
2transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
3lease and collect rents and fees for any use of rail property pending discharge of the
4department's duty to convey property that is not necessary for a public purpose. No
5person owning abandoned rail property, including any person to whom ownership
6reverts upon abandonment, may convey or dispose of any abandoned rail property
7without first obtaining a written release from the department of transportation
8indicating that the first right of acquisition under this subsection will not be
9exercised or assigned. No railroad or railway may convey any rail property prior to
10abandonment if the rail property is part of a rail line shown on the railroad's system
11map as in the process of abandonment, expected to be abandoned, or under study for
12possible abandonment unless the conveyance or disposal is for the purpose of
13providing continued rail service under another company or agency. Any conveyance
14made without obtaining such release is void. The first right of acquisition of the
15department of transportation under this subsection does not apply to any rail
16property declared by the department to be abandoned before January 1, 1977. The
17department of transportation may acquire any abandoned rail property under this
18section regardless of the date of its abandonment.
SB70-AA10,434 19Section 434. 990.01 (2) of the statutes is amended to read:
SB70-AA10,225,2320 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power
21to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
22the power to condemn only in the cases specified in s. 32.02 and subject to the
23limitations under s. 32.015
.
SB70-AA10,9351 24Section 9351. Initial applicability; Other.
SB70-AA10,226,6
1(1) Condemnation authority for nonmotorized paths. The treatment of ss.
223.09 (2) (d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b)
3and (c), 32.015, 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (a) and (b),
462.22 (1) (a) and (b), 62.23 (17) (a) (intro.) and (am), 85.09 (2) (a), and 990.01 (2) first
5applies to condemnation proceedings in which title to the subject property has not
6vested in the condemnor on the effective date of this subsection.”.
SB70-AA10,226,7 7284. Page 374, line 11: after that line insert:
SB70-AA10,226,8 8 Section 435. 29.219 (4) of the statutes is amended to read:
SB70-AA10,226,129 29.219 (4) Husband and wife Spouses resident licenses. A combined husband
10and wife
spouses resident fishing license shall be issued subject to s. 29.024 by the
11department to residents applying for this license. This license confers upon both
12husband and wife spouses the privileges of resident fishing licenses.
SB70-AA10,436 13Section 436. 29.228 (5) of the statutes is amended to read:
SB70-AA10,226,1714 29.228 (5) Annual family fishing license. The department shall issue a
15nonresident annual family fishing license, subject to s. 29.024, to any nonresident
16who applies for this license. This license entitles the husband, wife spouses and any
17minor children to fish under this license.
SB70-AA10,437 18Section 437. 29.228 (6) of the statutes is amended to read:
SB70-AA10,226,2219 29.228 (6) Fifteen-day family fishing license. The department shall issue a
20nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
21who applies for this license. This license entitles the husband, wife spouses and any
22minor children to fish under this license.
SB70-AA10,438 23Section 438. 29.229 (2) (i) of the statutes is amended to read:
SB70-AA10,226,2424 29.229 (2) (i) Husband and wife Spouses fishing licenses.
SB70-AA10,439
1Section 439. 29.2295 (2) (i) of the statutes is amended to read:
SB70-AA10,227,22 29.2295 (2) (i) Husband and wife Spouses fishing licenses.
SB70-AA10,440 3Section 440. 29.563 (3) (a) 3. of the statutes is amended to read:
SB70-AA10,227,44 29.563 (3) (a) 3. Husband and wife Spouses: $30.25.
SB70-AA10,441 5Section 441. 29.607 (3) of the statutes is amended to read:
SB70-AA10,227,156 29.607 (3) License required; exceptions; wild rice identification card. Every
7person over the age of 16 and under the age of 65 shall obtain the appropriate wild
8rice license to harvest or deal in wild rice but no license to harvest is required of the
9members of the immediate family of a licensee or of a recipient of old-age assistance
10or members of their immediate families. The department, subject to s. 29.024 (2g)
11and (2r), shall issue a wild rice identification card to each member of a licensee's
12immediate family, to a recipient of old-age assistance and to each member of the
13recipient's family. The term “immediate family" includes husband and wife spouses
14and minor children having their abode and domicile with the parent or legal
15guardian.
SB70-AA10,442 16Section 442. 45.01 (6) (c) of the statutes is amended to read:
SB70-AA10,227,1917 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in
18the place of a parent and who has so acted for not less than 12 months prior to the
19veteran's entrance into active service.
SB70-AA10,443 20Section 443. 45.51 (3) (c) 2. of the statutes is amended to read:
SB70-AA10,227,2221 45.51 (3) (c) 2. The department may deviate from this sequence upon order of
22the board to prevent the separation of a husband and wife spouses.
SB70-AA10,444 23Section 444. 45.51 (5) (a) 1. b. of the statutes is amended to read:
SB70-AA10,228,224 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
25the person entered the service and who became a widow or widower surviving spouse

1by the death of the person while in the service or as a result of physical disability of
2the person incurred during the service.
SB70-AA10,445 3Section 445. 45.51 (5) (a) 1. c. of the statutes is amended to read:
SB70-AA10,228,74 45.51 (5) (a) 1. c. The period during which the surviving spouse was married
5to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of
6widowhood or widowerhood
after the death of the deceased person is 6 months or
7more.
SB70-AA10,446 8Section 446. 45.55 of the statutes is amended to read:
SB70-AA10,228,23 945.55 Notes and mortgages of minor veterans. Notwithstanding any
10provision of this chapter or any other law to the contrary, any minor who served in
11the active armed forces of the United States at any time after August 27, 1940, and
12the husband or wife spouse of such a minor may execute, in his or her own right, notes
13or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
14by the U.S. department of veterans affairs or the federal housing administrator
15under the servicemen's readjustment act of 1944, the national housing act, or any
16acts supplementing or amending these acts. In connection with these transactions,
17the minors may sell, release, or convey the mortgaged property and litigate or settle
18controversies arising therefrom, including the execution of releases, deeds, and other
19necessary papers or instruments. The notes, mortgages, releases, deeds, and other
20necessary papers or instruments when so executed are not subject to avoidance by
21the minor or the husband or wife spouse of the minor upon either or both of them
22attaining the age of 18 because of the minority of either or both of them at the time
23of the execution thereof.
SB70-AA10,447 24Section 447. 46.10 (2) of the statutes is amended to read:
SB70-AA10,230,4
146.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
2including but not limited to a person admitted, committed, protected, or placed under
3s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
4stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
551.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
6971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies
7provided by any institution in this state including University of Wisconsin Hospitals
8and Clinics, in which the state is chargeable with all or part of the person's care,
9maintenance, services, and supplies, any person receiving care and services from a
10county department established under s. 51.42 or 51.437 or from a facility established
11under s. 49.73, and any person receiving treatment and services from a public or
12private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
13971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
14the homestead, and the spouse of the person, and the spouse's property and estate,
15including the homestead, and, in the case of a minor child, the parents of the person,
16and their property and estates, including their homestead, and, in the case of a
17foreign child described in s. 48.839 (1) who became dependent on public funds for his
18or her primary support before an order granting his or her adoption, the resident of
19this state appointed guardian of the child by a foreign court who brought the child
20into this state for the purpose of adoption, and his or her property and estate,
21including his or her homestead, shall be liable for the cost of the care, maintenance,
22services, and supplies in accordance with the fee schedule established by the
23department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an
24incapacitated person may be lawfully dependent upon the property for their support,
25the court shall release all or such part of the property and estate from the charges

1that may be necessary to provide for those persons. The department shall make
2every reasonable effort to notify the liable persons as soon as possible after the
3beginning of the maintenance, but the notice or the receipt thereof is not a condition
4of liability.
SB70-AA10,448 5Section 448. 48.02 (13) of the statutes is amended to read:
SB70-AA10,230,256 48.02 (13) “Parent" means a biological natural parent, a husband who has
7consented to the artificial insemination of his wife under s. 891.40,
or a parent by
8adoption. If the child is a nonmarital child who is not adopted or whose parents do
9not subsequently intermarry under s. 767.803, “parent" includes a person
10conclusively determined from genetic test results to be the father under s. 767.804
11or, a person acknowledged under s. 767.805 or a substantially similar law of another
12state to be a natural parent, or a person adjudicated to be the biological father a
13natural parent
. “Parent" does not include any person whose parental rights have
14been terminated. For purposes of the application of s. 48.028 and the federal Indian
15Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent
16of an Indian child, an Indian husband spouse who has consented to the artificial
17insemination of his wife or her spouse under s. 891.40, or an Indian person who has
18lawfully adopted an Indian child, including an adoption under tribal law or custom,
19and includes, in the case of a nonmarital Indian child who is not adopted or whose
20parents do not subsequently intermarry under s. 767.803, a person conclusively
21determined from genetic test results to be the father under s. 767.804, a person
22acknowledged under s. 767.805, a substantially similar law of another state, or tribal
23law or custom to be the biological father natural parent, or a person adjudicated to
24be the biological father natural parent, but does not include any person whose
25parental rights have been terminated.
SB70-AA10,449
1Section 449. 48.025 (title) of the statutes is amended to read:
SB70-AA10,231,3 248.025 (title) Declaration of paternal parental interest in matters
3affecting children.
SB70-AA10,450 4Section 450. 48.025 (2) (b) of the statutes is amended to read:
SB70-AA10,231,95 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the
6birth of the child or within 14 days after the birth of the child, except that a man
7person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
8days after the date on which the notice was mailed. This paragraph does not apply
9to a declaration filed before July 1, 2006.
SB70-AA10,451 10Section 451. 48.025 (3) (c) of the statutes is amended to read:
SB70-AA10,231,2411 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
12or under a substantially similar law of another state or a person authorized to file
13a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
14law of another state may request the department to search its files to determine
15whether a person who may be the father parent of the child who is the subject of the
16proceeding has filed a declaration under this section. If the department has on file
17a declaration of paternal parental interest in matters affecting the child, the
18department shall issue to the requester a copy of the declaration. If the department
19does not have on file a declaration of paternal parental interest in matters affecting
20the child, the department shall issue to the requester a statement that no declaration
21could be located. The department may require a person who requests a search under
22this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
23department of maintaining its file of declarations and publicizing information
24relating to declarations of paternal parental interest under this section.
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