Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,407,24 2. Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the intensive sanctions program, the court shall modify the inmate's bifurcated sentence as follows:

AB1-SSA1-SA2,408,4 a. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under subd. 1.

AB1-SSA1-SA2,408,6 b. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.".

AB1-SSA1-SA2,408,7 432. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,408,8 " Section 377cm. 301.12 (8) (d) of the statutes is amended to read:

AB1-SSA1-SA2,408,13 301.12 (8) (d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2) is liable, but not any claim payable by an insurer under s. 632.89 (2) or (2m) (4m) or by any other 3rd party.

AB1-SSA1-SA2, s. 377dm Section 377dm. 301.12 (14) (a) of the statutes is amended to read:

AB1-SSA1-SA2,409,2 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) (4m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.".

AB1-SSA1-SA2,409,3 433. Page 187, line 7: after that line insert:

AB1-SSA1-SA2,409,4 " Section 377b. 301.205 (title) of the statutes is repealed and recreated to read:

AB1-SSA1-SA2,409,5 301.205 (title) Transportation for visits.

AB1-SSA1-SA2, s. 377c Section 377c. 301.205 of the statutes is renumbered 301.205 (2).

AB1-SSA1-SA2, s. 377d Section 377d. 301.205 (1) of the statutes is created to read:

AB1-SSA1-SA2,409,9 301.205 (1) (a) Except as provided in par. (b), the department may not use state funds to transport persons visiting inmates in state prisons.

AB1-SSA1-SA2,409,11 (b) The department may do any of the following to pay for the cost of transporting persons visiting inmates in state prisons:

AB1-SSA1-SA2,409,12 1. Charge a reasonable fee to persons to whom the transportation is provided.

AB1-SSA1-SA2,409,14 2. Use money received from gifts, grants, donations, and burial trusts that is provided for the purpose of paying for the cost of such transportation.".

AB1-SSA1-SA2,409,15 434. Page 189, line 18: after that line insert:

AB1-SSA1-SA2,409,16 " Section 383m. 302.11 (1i) of the statutes is repealed.".

AB1-SSA1-SA2,409,17 435. Page 191, line 22: after "302.045 (3m) (b) 1." insert "or 973.195 (1)".

AB1-SSA1-SA2,409,18 436. Page 191, line 23: after that line insert:

AB1-SSA1-SA2,409,19 " Section 392m. 302.113 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,410,2 302.113 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison, or refuses or neglects to perform required or assigned duties, the department may extend the term of confinement in prison portion of the inmate's bifurcated sentence as follows:".

AB1-SSA1-SA2,410,5 437. Page 194, line 20: delete that line and substitute "sentence. The Except as provided in s. 301.048 (4) (ar), the time remaining on the bifurcated sentence is the total length of the".

AB1-SSA1-SA2,410,6 438. Page 201, line 13: after that line insert:

AB1-SSA1-SA2,410,7 " Section 406s. 302.114 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,410,14 302.114 (3) (a) (intro.) The warden or superintendent shall keep a record of the conduct of each inmate subject to this section, specifying each infraction of the rules. If any an inmate subject to this section violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any regulation of the prison, or refuses or neglects to perform required or assigned duties, the department may extend the extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, as follows:".

AB1-SSA1-SA2,410,15 439. Page 205, line 20: after that line insert:

AB1-SSA1-SA2,410,16 " Section 420h. 302.46 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,411,2 302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations, headlamp violations under s. 347.065 (1), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail assessment in proportion to the suspension.".

AB1-SSA1-SA2,411,3 440. Page 205, line 20: after that line insert:

AB1-SSA1-SA2,411,4 " Section 420m. 302.43 of the statutes is amended to read:

AB1-SSA1-SA2,411,17 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates an order under s. 973.031 requiring him or her to participate in a drug treatment program, violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3).".

AB1-SSA1-SA2,411,18 441. Page 207, line 19: after that line insert:

AB1-SSA1-SA2,411,19 " Section 428n. 304.02 (4) of the statutes is repealed.".

AB1-SSA1-SA2,411,20 442. Page 208, line 10: after that line insert:

AB1-SSA1-SA2,411,21 " Section 430m. 304.06 (1y) of the statutes is repealed.".

AB1-SSA1-SA2,411,23 443. Page 208, line 13: delete that line and substitute "or s. 939.62 (2m) (c), 961.49 (2), 973.01 (6), or 973.014 (1) (c) or (1g) or 973.032 (5), he".

AB1-SSA1-SA2,411,24 444. Page 209, line 22: after that line insert:

AB1-SSA1-SA2,412,1 " Section 432pb. 340.01 (74v) of the statutes is created to read:

AB1-SSA1-SA2,412,4 340.01 (74v) "Windshield" means the shield of safety glass, glass, or another material, mounted forward of the passenger compartment of a motor vehicle, other than a motor-driven cycle.

AB1-SSA1-SA2, s. 432pd Section 432pd. 340.01 (74x) of the statutes is created to read:

AB1-SSA1-SA2,412,7 340.01 (74x) "Windshield wiper" means a mechanical device for cleaning rain, snow, or other moisture from the windshield of a vehicle.".

AB1-SSA1-SA2,412,8 445. Page 209, line 22: after that line insert:

AB1-SSA1-SA2,412,9 " Section 432p. 340.01 (20m) of the statutes is created to read:

AB1-SSA1-SA2,412,13 340.01 (20m) "Hail-damaged vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which is damaged solely by hail to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.

AB1-SSA1-SA2, s. 432s Section 432s. 340.01 (55g) of the statutes is amended to read:

AB1-SSA1-SA2,412,20 340.01 (55g) "Salvage vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value. The term does not include a hail-damaged vehicle unless the vehicle is repaired with any replacement part, as defined in s. 632.38 (1) (e).".

AB1-SSA1-SA2,412,21 446. Page 210, line 11: after that line insert:

AB1-SSA1-SA2,412,22 " Section 435m. 342.10 (3) (h) of the statutes is created to read:

AB1-SSA1-SA2,413,3 342.10 (3) (h) That the vehicle was a hail-damaged vehicle. This paragraph does not apply to a hail-damaged vehicle that was repaired with any replacement part, as defined in s. 632.38 (1) (e).".

AB1-SSA1-SA2,413,4 447. Page 211, line 3: after that line insert:

AB1-SSA1-SA2,413,5 " Section 439s. 343.23 (2) (c) of the statutes is created to read:

AB1-SSA1-SA2,413,12 343.23 (2) (c) The file for a licensee under par. (a) shall not include any conviction under s. 347.065 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 347.065 (1) or the law of another jurisdiction prohibiting operating a vehicle at any time that a windshield wiper is being used without lighted headlamps, tail lamps, or clearance lamps, as those or substantially similar terms are used in that jurisdiction's laws.".

AB1-SSA1-SA2,413,13 448. Page 211, line 13: after that line insert:

AB1-SSA1-SA2,413,14 " Section 442g. 344.576 (3) (a) 5. of the statutes is amended to read:

AB1-SSA1-SA2,413,16 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

AB1-SSA1-SA2, s. 442m Section 442m. 344.576 (3) (c) of the statutes is amended to read:

AB1-SSA1-SA2,413,22 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

AB1-SSA1-SA2, s. 442r Section 442r. 344.579 (2) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,414,4 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:".

AB1-SSA1-SA2,414,5 449. Page 215, line 7: after that line insert:

AB1-SSA1-SA2,414,6 " Section 461j. 346.94 (19) of the statutes is created to read:

AB1-SSA1-SA2,414,10 346.94 (19) Engine braking. (a) In this subsection, "engine brake" means a hydraulically operated device that converts a power-producing diesel engine into a power-absorbing, retarding mechanism that is used to augment or replace the use of the primary brake system or mechanism on a motor vehicle.

AB1-SSA1-SA2,414,16 (b) No operator of a motor vehicle may use engine brakes on the exit ramps from I 94 to STH 25 proceeding northerly in the city of Menomonie in Dunn County. The department shall erect a sign approaching each exit ramp on I 94 indicating the prohibition to give adequate warning to motorists. This paragraph is not effective until official signs giving notice of the prohibition have been erected by the department.

AB1-SSA1-SA2,414,17 (c) Paragraph (b) does not apply to any of the following:

AB1-SSA1-SA2,414,20 1. The operator of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.

AB1-SSA1-SA2,414,22 2. The use of engine brakes in an emergency situation that poses a significant risk of death or bodily harm.

AB1-SSA1-SA2, s. 461no Section 461no. 346.95 (1) of the statutes is amended to read:

AB1-SSA1-SA2,415,4 346.95 (1) Any person violating s. ss. 346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or, (15), or (19) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.".

AB1-SSA1-SA2,415,5 450. Page 215, line 7: after that line insert:

AB1-SSA1-SA2,415,6 " Section 461b. 347.06 (1) of the statutes is amended to read:

AB1-SSA1-SA2,415,10 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a vehicle upon a highway during hours of darkness unless all headlamps, tail lamps and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as defined described in s. 347.27 shall not be used for this purpose.

AB1-SSA1-SA2, s. 461d Section 461d. 347.065 of the statutes is created to read:

AB1-SSA1-SA2,415,17 347.065 Lighted headlamps required; windshield wipers. (1) Except as provided in subs. (2) to (4), no person may operate a vehicle upon a highway at any time that a windshield wiper is being used on the windshield of the vehicle unless all headlamps, tail lamps, and clearance lamps with which such vehicle is required to be equipped are lighted. Parking lamps as described in s. 347.27 shall not be used for this purpose.

AB1-SSA1-SA2,415,22 (2) Subsection (1) does not apply to temporary use of a windshield wiper for the sole purpose of cleaning the windshield or if lamps that are automatically activated whenever the vehicle is started are in use, if the headlamps are of sufficient intensity to satisfy the requirements for daytime running lamps under 49 CFR 571.108, S5.5.11 (a).

AB1-SSA1-SA2,416,3 (3) Headlamps need not be lighted on a towed vehicle or on a vehicle having at least 2 lighted adverse weather lamps on the front thereof and being operated under the circumstances described in s. 347.26 (3) (b).

AB1-SSA1-SA2,416,8 (4) A duly authorized warden, as defined in s. 24.01 (11), may operate a vehicle owned or leased by the department of natural resources upon a highway at any time that a windshield wiper is being used on the windshield of the vehicle without lighted headlamps, tail lamps, or clearance lamps in the performance of the warden's duties under s. 29.924 (2).

AB1-SSA1-SA2,416,16 (5) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this section or a local ordinance in conformity with this section. This subsection does not limit the authority of a law enforcement officer to issue a citation for a violation of this section or a local ordinance in conformity with this section observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of this section or a local ordinance in conformity with this section.

AB1-SSA1-SA2, s. 461f Section 461f. 347.09 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,416,21 347.09 (1) (intro.) No person shall operate a motor vehicle on a highway, during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time that a windshield wiper is being used on the windshield of the vehicle, unless such vehicle is equipped as follows:

AB1-SSA1-SA2, s. 461i Section 461i. 347.10 (4) of the statutes is amended to read:

AB1-SSA1-SA2,417,6 347.10 (4) Any motor vehicle may be operated during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time that a windshield wiper is being used on the windshield of the vehicle, when equipped with 2 lighted lamps upon the front thereof capable of revealing persons and objects 75 feet ahead in lieu of lamps required by subs. (1) to (3) if such vehicle at no time is operated at a speed in excess of 20 miles per hour. No lighted lamp under this subsection shall have any type of decorative covering that restricts the amount of light emitted when the lighted lamp is in use. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB1-SSA1-SA2, s. 461k Section 461k. 347.12 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,417,13 347.12 (1) (intro.) Whenever a motor vehicle is being operated on a highway, during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time that a windshield wiper is being used on the windshield of the vehicle, the operator shall use a distribution of light or composite beam directed high enough and of sufficient intensity to reveal a person or vehicle at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

AB1-SSA1-SA2, s. 461m Section 461m. 347.13 (1) of the statutes is amended to read:

AB1-SSA1-SA2,418,3 347.13 (1) No person shall operate a motor vehicle, mobile home or trailer or semitrailer upon a highway, during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time that a windshield wiper is being used on the windshield of the vehicle, unless such motor vehicle, mobile home or trailer or semitrailer is equipped with at least one tail lamp mounted on the rear which, when lighted during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time a windshield wiper is being used on the windshield of the vehicle, emits a red light plainly visible from a distance of 500 feet to the rear. No tail lamp shall have any type of decorative covering that restricts the amount of light emitted when the tail lamp is in use. No vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated upon a highway during hours of darkness unless both such lamps are in good working order. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB1-SSA1-SA2, s. 461p Section 461p. 347.16 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,418,9 347.16 (1) (intro.) No person shall operate on a highway during hours of darkness any vehicle, except automobiles, having a width at any part in excess of 80 inches during hours of darkness or, subject to the exceptions contained in s. 347.065 (2), at any time that a windshield wiper is being used on the windshield of the vehicle, unless such vehicle is equipped with: