Amendment ASA1-AB768

AB768-ASA1,404,15 346.65 (6) (a) 1. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB768-ASA1, s. 527yv Section 527yv. 346.65 (6) (a) 2. of the statutes is amended to read:

AB768-ASA1,404,23 346.65 (6) (a) 2. The court shall order a law enforcement officer to seize a motor vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10) or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 3 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1).

AB768-ASA1, s. 527yw Section 527yw. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB768-ASA1,405,19 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB768-ASA1, s. 527yx Section 527yx. 346.65 (6) (d) of the statutes is amended to read:

AB768-ASA1,406,11 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB768-ASA1, s. 528 Section 528. 348.27 (9m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,406,22 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.

AB768-ASA1, s. 529 Section 529. 350.12 (3j) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,407,4 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10 $12.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and is valid for one year.

AB768-ASA1, s. 530 Section 530. 350.12 (3j) (e) of the statutes is created to read:

AB768-ASA1,407,8 350.12 (3j) (e) 1. The department may appoint any person who is not an employe of the department as the department's agent to issue trail use stickers and collect the fees for these stickers.

AB768-ASA1,407,12 2. Any person, including the department, who issues a trail use sticker shall collect in addition to the fee under par. (b) 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 sticker.

AB768-ASA1,407,15 3. The department shall establish by rule, procedures for issuing trail use stickers, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

AB768-ASA1, s. 531 Section 531. 350.12 (3m) (a) of the statutes is amended to read:

AB768-ASA1,407,20 350.12 (3m) (a) Deposited in the conservation fund. All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under s. 25.29 (1m).

AB768-ASA1, s. 531g Section 531g. 350.12 (4) (b) 1. of the statutes is amended to read:

AB768-ASA1,408,8 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $200 $250 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% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% 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.

AB768-ASA1, s. 531r Section 531r. 350.12 (4) (bm) 1. of the statutes is amended to read:

AB768-ASA1,408,12 350.12 (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 $200 $250 per mile per year under par. (b) 1.

AB768-ASA1, s. 532 Section 532. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and amended to read:

AB768-ASA1,408,21 73.0301 (1) (c) "Liable for delinquent taxes" means that a person has been finally determined to be delinquent in the payment of exhausted all legal remedies to challenge the assertion that the person owes taxes, including penalties, interest, fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and sufficient time has elapsed so that the person remains is delinquent in the payment of those taxes at the time the department requests a certification under s. 440.08 (2r) of liability for delinquent taxes.

AB768-ASA1, s. 533r Section 533r. 440.03 (11m) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

AB768-ASA1, s. 534 Section 534. 440.03 (12) of the statutes is repealed.

AB768-ASA1, s. 534g Section 534g. 440.035 (5) of the statutes, as created by 1997 Wisconsin Act .... (1997 Senate Bill 494), is repealed.

AB768-ASA1, s. 537 Section 537. 440.08 (2r) of the statutes is repealed.

AB768-ASA1, s. 537m Section 537m. 440.08 (4) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,409,19 440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential. This paragraph does not apply to a denial of an application for credential renewal under s. 440.13 (2) (b).

AB768-ASA1, s. 538 Section 538. 440.08 (4) (b) of the statutes is repealed and recreated to read:

AB768-ASA1,409,22 440.08 (4) (b) Applicability. This subsection does not apply to a denial of a credential renewal under s. 440.12 or 440.13 (2) (b).

AB768-ASA1, s. 539 Section 539. 440.12 of the statutes is created to read:

AB768-ASA1,410,4 440.12 Credential denial, nonrenewal and revocation based on tax delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes, as defined in s. 73.0301 (1) (c).

AB768-ASA1, s. 539m Section 539m. 440.13 (1) (a) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 440.01 (2) (bm).

AB768-ASA1, s. 540 Section 540. 441.07 (2) of the statutes is amended to read:

AB768-ASA1,410,10 441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12.

AB768-ASA1, s. 541m Section 541m. 442.12 (7) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,410,17 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 542 Section 542. 443.11 (6) of the statutes is amended to read:

AB768-ASA1,411,3 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12, providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

AB768-ASA1, s. 543 Section 543. 443.12 (4) of the statutes is amended to read:

AB768-ASA1,411,8 443.12 (4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under s. 440.12.

AB768-ASA1, s. 544d Section 544d. 445.13 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,411,15 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 545d Section 545d. 446.05 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,411,22 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 546 Section 546. 447.07 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB768-ASA1,412,4 447.07 (5) The examining board may reinstate a license or certificate that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12.

AB768-ASA1, s. 547g Section 547g. 449.07 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,412,11 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 548g Section 548g. 452.12 (6) (e) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,412,16 452.12 (6) (e) (intro.) Except as provided in ss. 440.03 (11m) (b), 440.12 and 440.13 (2) (a), the department shall reinstate an inactive licensee's original license as follows:

AB768-ASA1, s. 549 Section 549. 452.18 of the statutes is amended to read:

AB768-ASA1,412,20 452.18 Court review. Orders Except as provided in s. 73.0301 (2) (b) 1. a. and 2., orders of the board and department shall be subject to review as provided in ch. 227.

AB768-ASA1, s. 550 Section 550. 455.09 (3) of the statutes is amended to read:

AB768-ASA1,413,2 455.09 (3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12.

AB768-ASA1, s. 550m Section 550m. 456.10 (1) (d) of the statutes is created to read:

AB768-ASA1,413,6 456.10 (1) (d) Proof is submitted that while the licensee was the administrator of a nursing home, that nursing home engaged in conduct that constituted a pattern of serious violations of federal or state statutes, rules or regulations.

AB768-ASA1, s. 551 Section 551. 456.11 (1) and (2) of the statutes are amended to read:

AB768-ASA1,413,10 456.11 (1) The examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s. 440.12.

AB768-ASA1,413,14 (2) Application for the reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s. 440.12.

AB768-ASA1, s. 552d Section 552d. 551.32 (1) (bm) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,413,18 551.32 (1) (bm) 1. In addition to information required under par. (b), an application under par. (a) shall contain the following:

AB768-ASA1,413,19 a. In the case of an individual, the individual's social security number.

AB768-ASA1,413,21 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768-ASA1,413,23 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB768-ASA1,413,25 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,414,3 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1, s. 553d Section 553d. 551.34 (1m) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,414,7 551.34 (1m) (a) The division shall deny an application for the issuance or renewal of a license if any of the following applies:

AB768-ASA1,414,9 1. The applicant fails to provide the information required under s. 551.32 (1) (bm) 1.

AB768-ASA1,414,14 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for the issuance or renewal of a license is denied under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this subchapter.

AB768-ASA1,414,24 3. The applicant is an individual who fails to provide his or her social security number, who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB768-ASA1,415,11 (b) The division shall restrict or suspend a license under this subchapter if the licensee is an individual who fails to provide his or her social security number, who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

AB768-ASA1,415,15 (c) The division shall revoke a license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this subchapter.

AB768-ASA1, s. 554 Section 554. 560.145 of the statutes is created to read:

AB768-ASA1,415,20 560.145 Revolving loan fund capitalization. (1) Grants. Subject to sub. (3), the department may make a grant to a person from the appropriation under s. 20.143 (1) (c) for the capitalization of a revolving loan fund if all of the following apply:

AB768-ASA1,415,22 (a) The purpose of the revolving loan fund is to promote local or regional economic development.

AB768-ASA1,415,24 (b) The person submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB768-ASA1,416,3 (c) The person enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB768-ASA1,416,5 (d) The person agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).

AB768-ASA1,416,8 (2) Report on use of proceeds. A person receiving a grant under this section shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB768-ASA1,416,10 (3) Limit on grants. The department may not award in a fiscal biennium more than $500,000 in grants under this section.

AB768-ASA1, s. 555 Section 555. 560.147 of the statutes is created to read:

AB768-ASA1,416,14 560.147 Rapid response fund. (1) Loans. Subject to sub. (4), the department may make a loan to a person from the appropriations under s. 20.143 (1) (c) and (ie) for a project described in sub. (2) if all of the following apply:

AB768-ASA1,416,16 (a) The person submits a plan to the department detailing the proposed use of the loan and the secretary approves the plan.

AB768-ASA1,416,19 (b) The person enters into a written agreement with the department that specifies the conditions for use of the loan proceeds, including reporting and auditing requirements, and the loan repayment terms.

AB768-ASA1,416,21 (c) The person agrees in writing to submit to the department the report required under sub. (3) by the time required under sub. (3).

AB768-ASA1,416,23 (d) The person contributes, from funds not provided by the state, not less than 25% of the cost of the project.