2017 Wisconsin Act 59

59,1896m Section 1896m. 343.14 (2j) of the statutes is amended to read:

343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction, or to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae).

59,1897 Section 1897 . 343.21 (1) (o) of the statutes is amended to read:

343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).

59,1897m Section 1897m. 343.50 (8) (c) 3. of the statutes is created to read:

343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae) any applicant information or identification card holder information maintained by the department of transportation and identified in s. 343.14 (2).

59,1900 Section 1900 . 348.105 (4) of the statutes is amended to read:

348.105 (4) An application for a permit shall be made to the department using an electronic application process established by the department. The department shall charge a fee of $1,800 for a permit. All moneys received from fees imposed by the department under this subsection shall be deposited in the general transportation fund and credited to the appropriation account under s. 20.395 (5) (dg).

59,1900j Section 1900j. 348.15 (3) (b) of the statutes is amended to read:

348.15 (3) (b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle to or from a farm-related destination, and is operated on or before January 1, 2020, 23,000 pounds. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.

59,1900k Section 1900k. 348.15 (3) (g) (intro.) of the statutes is amended to read:

348.15 (3) (g) (intro.) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle to or from a farm-related destination, and is operated on or before January 1, 2020, the gross weight imposed on the highway by any group of 2 or more consecutive axles of the vehicle or vehicle combination may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group:

59,1900L Section 1900L. 348.15 (9) (g) of the statutes is repealed.

59,1900Lm Section 1900Lm. 348.15 (11) of the statutes is created to read:

348.15 (11) The maximum gross weight for a a vehicle or combination of vehicles having 11 axles and transporting exclusively forest products or lumber operated on a highway without a permit may not exceed 164,000 pounds. Notwithstanding sub. (3) (a), (b), (br), and (c), there is no weight limitation per wheel, axle, or group of axles for a vehicle or combination of vehicles having 11 axles and transporting exclusively forest products or lumber. This subsection applies only on the following:

(a) STH 13, from the junction of USH 2 and STH 13 in the city of Ashland to the intersection of STH 13 and Old Airport Road in Ashland County.

(b) STH 70, from the junction of STH 70 and USH 45 in the city of Eagle River to the junction of STH 70 and USH 51 in Vilas County.

59,1900m Section 1900m. 348.16 (2) of the statutes is amended to read:

348.16 (2) Except as provided in sub. (3) and s. 348.175 and subject to any modifications made by a city of the first class pursuant to s. 349.15 (3), no person, without a permit therefor, shall operate on a class “B" highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized in s. 348.15 (3). This subsection does not apply, from April 24, 2014, to January 1, 2020, to an implement of husbandry or agricultural commercial motor vehicle being operated or transported, or to a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle, as described in s. 348.15 (9) (c), (cm), (e), or (f) 1. or 1m.

59,1900n Section 1900n. 348.17 (6) (a) 3. of the statutes is repealed.

59,1900o Section 1900o. 348.21 (3t) (c) of the statutes is repealed.

59,1900og Section 1900og. 348.27 (12) of the statutes is renumbered 348.27 (12) (a) and amended to read:

348.27 (12) (a) The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 289.01 (9), or refuse, in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, “refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth and products thereof, litter and street rubbish, ashes, and lumber, concrete, and other debris resulting from the construction or demolition of structures.

59,1900om Section 1900om. 348.27 (12) (b) of the statutes is created to read:

348.27 (12) (b) The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 289.01 (9), or refuse, in any of the following vehicles that exceed statutory weight and length limitations and for the return of the vehicle when empty:

1. A self-compactor equipped vehicle.

2. A roll-off equipped truck or roll-off trailer that uses all axles while transporting garbage or refuse.

59,1900or Section 1900or. 348.27 (12) (c) of the statutes is created to read:

348.27 (12) (c) A permit under par. (b) may be issued for use on any highway within this state.

59,1900p Section 1900p. 348.27 (19) (f) of the statutes is repealed.

59,1900q Section 1900q. 348.28 (1) (a) of the statutes is amended to read:

348.28 (1) (a) Permits issued under ss. 348.25, 348.26 and 348.27, other than a permit described in s. 348.27 (19) (b) 5. b., shall be carried on the vehicle during operations so permitted. This paragraph does not apply after January 1, 2020, with respect to a permit issued under s. 348.27 (19).

59,1900r Section 1900r. 348.28 (1) (b) of the statutes is amended to read:

348.28 (1) (b) Permits issued under s. 348.27 (19) that are required to be carried on the vehicle under par. (a) may be carried and produced in either printed or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If the permit is displayed in electronic format on any cellular telephone or other electronic device, a traffic officer or inspector under s. 110.07 (3) may not view, and producing the permit in electronic format is not considered consent for the traffic officer or inspector to view, any content on the telephone or other device except the permit. This paragraph does not apply after January 1, 2020.

59,1900sg Section 1900sg. 350.12 (3j) (b) of the statutes is amended to read:

350.12 (3j) (b) Except as provided in par. (bg), the The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $34.25 $49.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and expires on June 30 of each year.

59,1900sm Section 1900sm. 350.12 (3j) (bg) 2. of the statutes is repealed.

59,1900sp Section 1900sp. 350.12 (3j) (bg) 3. of the statutes is amended to read:

350.12 (3j) (bg) 3. The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who is both a member of a snowmobile club and a member of the Association of Wisconsin Snowmobile Clubs is $9.25.

59,1900sv Section 1900sv. 350.12 (3j) (bg) 4. of the statutes is amended to read:

350.12 (3j) (bg) 4. The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who does not meet the requirements under subd. 3. is $29.25.

59,1900t Section 1900t. 350.12 (3j) (e) 2. of the statutes is amended to read:

350.12 (3j) (e) 2. Any person, including the department, who issues a trail use sticker or a temporary trail use receipt shall collect in addition to the fee under par. (b) or (bg) 2., 3., or 4. an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the temporary trail use receipt.

59,1900v Section 1900v. 350.12 (4) (b) 1. of the statutes is amended to read:

350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100 percent of the actual cost of maintaining the trail per year up to a $250 $300 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100 percent of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100 percent of eligible costs. Aids for trail rehabilitation projects may equal 100 percent of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100 percent grant basis, 75 percent at the time of approval but no later than January 1 and 25 percent upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.

59,1900vm Section 1900vm. 350.12 (4) (bg) 2. a. of the statutes is repealed.

59,1900w Section 1900w. 350.12 (4) (bg) 2. b. of the statutes is renumbered 350.12 (4) (bg) 2. and amended to read:

350.12 (4) (bg) 2. For fiscal years 2016-17 to 2019-20, the The department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year to owners of snowmobiles that are exempt from registration under sub. (2) multiplied by $47 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation account under s. 20.370 (5) (cw), the department shall make payments to the department or a county for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

59,1900wm Section 1900wm. 350.12 (4) (bm) 1. of the statutes is amended to read:

350.12 (4) (bm) 1. The actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $250 $300 per mile per year under par. (b) 1.

59,1900x Section 1900x. 350.12 (4) (bm) 2. of the statutes is amended to read:

350.12 (4) (bm) 2. Of the actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $150 $200 per mile per year.

59,1903 Section 1903 . 440.03 (1c) of the statutes is created to read:

440.03 (1c) The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

59,1904 Section 1904 . 440.03 (4m) of the statutes is created to read:

440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

59,1929 Section 1929 . 440.035 (2) of the statutes is created to read:

440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

59,1931 Section 1931 . 440.23 (2) (c) of the statutes is amended to read:

440.23 (2) (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

59,1935 Section 1935 . Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

CHAPTER 440

SUBCHAPTER V

PEDDLERS; PRIVATE schools

59,1936am Section 1936am. 440.52 (title) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

440.52 (title) Private trade, correspondence, business, and technical schools.

59,1936b Section 1936b. 440.52 (1) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

59,1936c Section 1936c. 440.52 (1) (e) 8. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (1) (e) 8. Schools accredited by accrediting agencies recognized by the board department.

59,1936d Section 1936d. 440.52 (1) (g) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (1) (g) “Teaching location" means the area and facilities designated for use by a school required to be approved by the board department under this section.

59,1936e Section 1936e. 440.52 (2) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (2) Responsibilities. The board department shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

59,1936f Section 1936f. 440.52 (3) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (3) Rule-making power. The board department shall promulgate rules and establish standards necessary to administer this section.

59,1936g Section 1936g. 440.52 (5) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is repealed.

59,1936h Section 1936h. 440.52 (7) (intro.) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (7) Approval of schools generally. (intro.) To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the board department shall do all of the following:

59,1936i Section 1936i. 440.52 (7) (g) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (7) (g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the board department and complying with rules promulgated by the board department; publish a list of the schools and courses of instruction approved and a list of the schools that are authorized to use the term “college," “university," “state," or “Wisconsin" in their names; and make those lists of the schools available on the board's department's Internet site.

59,1936j Section 1936j. 440.52 (7) (h) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (7) (h) Issue permits to solicitors when all board department requirements have been met.

59,1936k Section 1936k. 440.52 (7) (i) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (7) (i) Require schools to furnish a surety bond in an amount as provided by rule of the board department.

59,1936L Section 1936L. 440.52 (8) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (8) (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board department. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

59,1936m Section 1936m. 440.52 (8) (b) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

440.52 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board department and shall be accompanied by a fee and a surety bond acceptable to the board department in the sum of $2,000. The board department shall, by rule, specify the amount of the fee for a solicitor's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the board department shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board department and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board department requests of the applicant. The board department shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

59,1936n Section 1936n. 440.52 (8) (c) (intro.), 1., 2., 4. and 5. of the statutes, as affected by 2017 Wisconsin Act .... (this act), are amended to read: