SB146: Bill Text

SB146,82,2 302.372 (6) (d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependants dependents and may reduce the amount of the judgment entered for the county based on those obligations.

Note: Corrects spelling.

SB146, s. 273 Section 273. 302.425 (2) of the statutes is amended to read:

SB146,82,9 302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house or of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.

Note: Inserts correct word.

SB146, s. 274 Section 274. The treatment of 303.01 (2) (em) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 275 Section 275. The treatment of 303.065 (1) (b) 2. of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 276 Section 276. The treatment of 304.02 (5) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 277 Section 277. The treatments of 304.06 (1) (b) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 278 Section 278. The treatments of 304.071 (2) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 279 Section 279. The treatments of 341.14 (6r) (b) 3. of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 255. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 280 Section 280. 343.16 (6) (title) of the statutes is amended to read:

SB146,83,4 343.16 (6) (title) Special retesting of licensed operations operators.

Note: Conforms title to statute subject matter.

SB146, s. 281 Section 281. 343.23 (2) (b) of the statutes, as affected by 1997 Wisconsin Acts 84 and 237, is amended to read:

SB146,84,2 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

Note: 1997 Wis. Act 84 deleted "revocation" from the referred to power under s. 343.32 (2) and in this provision.

SB146, s. 282 Section 282. The treatment of 343.30 (2d) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 283. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 283 Section 283. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB146,84,9 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 284 Section 284. 343.44 (2s) (title) of the statutes is created to read:

SB146,84,11 343.44 (2s) (title) Citations.

Note: All other s. 344.44 subsections have titles.

SB146, s. 285 Section 285. The treatment of 343.50 (8) (b) of the statutes by 1997 Wisconsin Act 119 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 286 Section 286. 343.61 (2) (b) of the statutes is amended to read:

SB146,84,19 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 287 Section 287. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 288 Section 288. The treatment of 346.65 (5m) of the statutes by 1997 Wisconsin Act 135 is not repealed by 1997 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 289 Section 289. The treatment of 346.65 (6) (a) 1. of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 290 Section 290. The treatment of 346.65 (6) (a) 2. of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 291 Section 291. 346.65 (6) (d) of the statutes, as affected by 1997 Wisconsin Acts 237 and 295, is amended to read:

SB146,85,20 346.65 (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), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the,, (c) or (d),, (c) or (d) 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.

Note: The stricken language was inserted by 1997 Wis. Act 295, but was rendered surplusage by the treatment of this provision by 1997 Wis. Act 237.

SB146, s. 292 Section 292. The treatment of 409.203 (1) (a) of the statutes by 1997 Wisconsin Act 265 is not repealed by 1997 Wisconsin Act 297. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 293 Section 293. 423.201 of the statutes is renumbered 423.201 (1) and amended to read:

SB146,86,7 423.201 (1) "Consumer approval transaction" means a consumer transaction other than a sale or lease or listing for sale of real property or a sale of goods at auction 1) which is that:

SB146,86,10 (a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer and 2) which is

SB146,86,14 (b) Is consummated or in which the customer's offer to contract or other writing evidencing the transaction is received by the merchant away from a regular place of business of the merchant and involves the extension of credit or is a cash transaction in which the amount the customer pays exceeds $25.

SB146,86,17 (2) "Consumer approval transaction" shall in no event does not include a catalog sale which that is not accompanied by any other solicitation or a consumer loan conducted and consummated entirely by mail.

Note: The term "consumer approval transaction" only appears in subch. II of ch. 423. Removes numbering that is inconsistent with current style, replaces improperly used word and subdivides provision for greater readability.

SB146, s. 294 Section 294. 423.201 (intro.) of the statutes is created to read:

SB146,86,19 423.201 (intro.) In this subchapter:

Note: Accommodates renumbering by the previous section of this bill.

SB146, s. 295 Section 295. 440.03 (11m) (c) of the statutes is amended to read:

SB146,87,6 440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for purposes of administering s. 49.22 and, for a social security number obtained under par. (a) 1., the department of revenue for the sole purpose of making the determination required under s. 440.08 (2r) requesting certifications under s. 73.0301.

Note: 1997 Wis. Act 237 repealed s. 440.08 (2r). Conforms this provision with the other treatments in Act 237 regarding the disclosure of social security numbers to the department of revenue for the purpose of determining tax delinquencies.

SB146, s. 296 Section 296. 440.042 (1) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB146,87,18 440.042 (1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. The secretary shall appoint an advisory committee to advise the department on matters relating to carrying out the duties specified in s. 440.972 440.982 and making investigations, conducting hearings and taking disciplinary action under s. 440.976 440.986. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

Note: Sections 440.972 and 440.976, as created by 1997 Wis. Act 156, are renumbered ss. 440.982 and 440.986 by this bill.

SB146, s. 297 Section 297. 440.08 (2) (a) 67q. of the statutes, as created by 1997 Wisconsin Act 261, is renumbered 440.08 (2) (a) 67v.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 156 also created a provision numbered s. 440.08 (2) (a) 67q.

SB146, s. 298 Section 298. 440.26 (1) (a) 11. of the statutes is amended to read:

SB146,88,2 440.26 (1) (a) 11. Receive any fees or compensation for acting as any person, engaging in any business or performing any service specified in subds. 1. to 10. 4.

Note: The creation of s. 440.26 (1) (a) 5. to 10. was removed from 1995 Wis. Act 461 by the governor's partial veto.

SB146, s. 299 Section 299. Subchapter X (title) of chapter 440 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered subchapter XI (title) of chapter 440 [precedes 440.98].

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a subch. X of ch. 440.

SB146, s. 300 Section 300. 440.97 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.98.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a provision numbered s. 440.97.

SB146, s. 301 Section 301. 440.9705 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.9805.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. XI of ch. 440 as renumbered by this bill.

SB146, s. 302 Section 302. 440.971 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.981.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Moves section for proper location within subch. XI of ch. 440 as renumbered by this bill.

SB146, s. 303 Section 303. 440.972 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.982.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a provision numbered s. 440.972.

SB146, s. 304 Section 304. 440.973 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.983, and 440.983 (4), as renumbered, is amended to read:

SB146,88,18 440.983 (4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.972 440.982 (1) (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a provision numbered s. 440.973. Section 440.972, as created by 1997 Wis. Act 156, is renumbered s. 440.982 by this bill.

SB146, s. 305 Section 305. 440.974 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.984, and 440.984 (6), as renumbered, is amended to read:

SB146,89,3 440.984 (6) The person submits the evidence specified in s. 440.973 440.983 (5).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a s. 440.974. Section 440.973, as created by 1997 Wis. Act 156, is renumbered s. 440.983 by this bill.

SB146, s. 306 Section 306. 440.975 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.985, and 440.985 (2), as renumbered, is amended to read:

SB146,89,8 440.985 (2) Evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under s. 440.972 440.982 (2).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 81 also created a provision numbered s. 440.975. Section 440.972, as created by 1997 Wis. Act 156, is renumbered s. 440.982 by this bill.

SB146, s. 307 Section 307. 440.976 of the statutes, as created by 1997 Wisconsin Act 156, is renumbered 440.986, and 440.986 (2) (g) and (3) (intro.), as renumbered, are amended to read: