SB365,61,22
218. An optometrist who is licensed under ch. 449
if the medicine may not be
22dispensed without a prescription.
Note: Subdivides a long provision by placing a list in tabular form and reorders text
to accommodate the numbering of the subdivided list.
SB365, s. 117
1Section
117. 77.54 (20) (bg) 1. of the statutes is renumbered 77.54 (20) (bg) 1.
2a. and amended to read:
SB365,62,73
77.54
(20) (bg) 1. a. "Meal" includes, but is not limited to, a diversified selection
4of food, food products
, or beverages that are customarily consumed as a breakfast,
5lunch
, or dinner, that may not easily be consumed without an article of tableware
, 6and that may not conveniently be consumed while standing or walking
; except that
7"meal".
SB365,62,11
8b. "Meal" does not include frozen items that are sold to a consumer, items that
9are customarily heated or cooked after the retail sale and before they are consumed
, 10or a diversified selection of food, food products
, and beverages that is packaged
11together by a person other than the retailer before the sale to the consumer.
Note: Subdivides provision.
SB365, s. 118
12Section
118. 77.54 (20) (bg) 2. of the statutes is renumbered 77.54 (20) (bg) 2.
13a. and amended to read:
SB365,62,1714
77.54
(20) (bg) 2. a. "Sandwich" means food that consists of a filling
;, such as
15meat, cheese
, or a savory mixture
;, that is placed on a slice, or between 2 slices
;, of
16a variety of bread or something that takes the place of bread
;, such as a roll, croissant
, 17or bagel.
SB365,62,19
18b. "Sandwich" includes, but is not limited to, burritos, tacos, enchiladas,
19chimichangas, pita sandwiches, gyros
, and pocket sandwiches.
SB365,62,21
20c. "Sandwich" does not include hors d'oeuvres, canapes, egg rolls, cookies,
21cakes, pies
, and similar desserts and pastries
, and food that is sold frozen.
Note: Subdivides provision, inserts serial commas, and otherwise modifies
punctuation for improved readability and conformity with current style.
SB365, s. 119
22Section
119. 84.30 (10m) of the statutes is amended to read:
SB365,63,8
184.30
(10m) Annual permit fee requirement. The department may
2promulgate a rule requiring persons specified in the rule to pay annual permit fees
3for signs. The rule shall specify that no permit fee may be charged for an
4off-premises advertising sign that is owned by a nonprofit organization. If the
5department establishes an annual permit fee under this subsection, failure to pay
6the fee within 2 months after the date on which payment is due is evidence that the
7sign has been abandoned for the purposes of s.
TRANS
Trans 201.10 (2) (f), Wis. Adm.
8Code.
Note: Corrects capitalization, as already reflected in the printed volumes.
SB365, s. 120
9Section
120. 108.02 (15) (k) (intro.), 2., 6., 7., 10., 14., 15., 16. and 19. (intro.)
10and b. of the statutes are amended to read:
SB365,63,1311
108.02
(15) (k) (intro.) "Employment" as applied to work for a given employer
12other than a government unit or nonprofit organization, except as
such the employer
13duly elects otherwise with the department's approval, does not include service:
SB365,63,1714
2. As a domestic in the employ of an individual in
such the individual's private
15home, or as a domestic in the employ of a local college club or of a local chapter of a
16college fraternity or sorority, unless performed for an individual, club
, or chapter
17which that is an employer subject to this chapter under sub. (13) (d) or (i);
SB365,63,2118
6. By an individual for a person as an insurance agent or an insurance solicitor,
19if all
such of the service performed
as an insurance agent or solicitor by
such the 20individual for
such the person is performed for remuneration solely by way of
21commissions;
SB365,64,222
7. By an individual for a person as a real estate agent or as a real estate
23salesperson, if all
such of the service performed
as a real estate agent or sales person
1by
such the individual for
such the person is performed for remuneration solely by
2way of commission;
SB365,64,73
10. For an employer who would otherwise be subject to this chapter solely
4because of sub. (13) (f), if and while the employer, with written notice to and approval
5by the department,
duly covers under the unemployment insurance law of another
6jurisdiction all services for
such the employer
which that would otherwise be covered
7under this chapter;
SB365,64,198
14. By an individual for an employer
which that is engaged in the processing
9of fresh perishable fruits or vegetables within a given calendar year if the individual
10has been employed by the employer solely within the active processing season or
11seasons, as determined by the department, of the establishment in which the
12individual has been employed by the employer, and the individual's base period
13wages with the employer are less than the wages required to start a benefit year
14under s. 108.04 (4) (a), unless the individual was paid wages of $200 or more for
15services performed in employment or other work covered by the unemployment
16insurance law of any state or the federal government, other than work performed for
17the processing employer, during the 4 most recently completed quarters preceding
18the individual's first week of employment by the processing employer within that
19year;
SB365,64,2120
15. By an individual as a court reporter if the individual receives wages on a
21per diem basis;
or
SB365,64,2522
16. By an individual whose remuneration consists solely of commissions,
23overrides, bonuses
, or differentials directly related to sales or other output derived
24from in-person sales to or solicitation of orders from ultimate consumers, primarily
25in the home;
or
SB365,65,4
119. (intro.) Performed by an individual for a seasonal employer if the individual
2received written notice from the seasonal employer prior to performing any service
3for the employer that
such the service is potentially excludable under this
4subdivision unless:
SB365,65,85
b. The individual has been paid or is treated as having been paid wages or other
6remuneration of $500 or more during his or her base period for services performed
7for at least one employer other than the seasonal employer
which that is subject to
8the unemployment insurance law of any state or the federal government; or
Note: Deletes unnecessary "or" in two places, replaces "such" with "the" as
appropriate, and deletes "duly" as it has no substantive effect.
SB365, s. 121
9Section
121. 118.02 (14) of the statutes is renumbered 118.02 (9g).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 122
10Section
122. 118.02 (15) of the statutes is renumbered 118.02 (7r).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 123
11Section
123. 118.02 (16) of the statutes is renumbered 118.02 (7g).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 124
12Section
124. 118.02 (17) of the statutes is renumbered 118.02 (6m).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 125
13Section
125. 118.02 (17m) of the statutes is renumbered 118.02 (5r).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 126
14Section
126. 118.02 (17r) of the statutes is renumbered 118.02 (9r).
Note: Places subsection in chronological order within list, consistent with the
remainder of the section.
SB365, s. 127
15Section
127. 343.06 (1) (c) of the statutes is amended to read:
SB365,66,2216
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
17school program or high school equivalency program and is not a habitual truant as
1defined in s. 118.16 (1) (a), has graduated from high school or been granted a
2declaration of high school graduation equivalency
, or is enrolled in a home-based
3private educational program, as defined in s. 115.001 (3g), and has satisfactorily
4completed a course in driver education in public schools approved by the department
5of public instruction, or in technical colleges approved by the technical college system
6board, or in nonpublic and private schools
which
that meet the minimum standards
7set by the department of public instruction, or has satisfactorily completed a
8substantially equivalent course in driver training approved by the department and
9given by a school licensed by the department under s. 343.61, or has satisfactorily
10completed a substantially equivalent course in driver education or training approved
11by another state and has attained the age of 16, except as provided in s. 343.07
(1) 12(1g). The department shall not issue a license to any person under the age of 18
13authorizing the operation of "Class M" vehicles unless the person has successfully
14completed a basic rider course approved by the department. The department may,
15by rule, exempt certain persons from the basic rider course requirement of this
16paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
17driver education, basic rider or driver training course requirement. The secretary
18shall prescribe rules for licensing of schools and instructors to qualify under this
19paragraph. The driver education course shall be made available to every eligible
20student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no
21operator's license may be issued unless a driver's examination has been
22administered by the department.
Note: Section 343.07 (1) is renumbered 343.07 (1g) by this bill.
SB365, s. 128
23Section
128. 343.06 (1) (cm) of the statutes is amended to read:
SB365,67,12
1343.06
(1) (cm) To operate "Class D" vehicles to any person under 18 years of
2age, unless the person has accumulated at least 30 hours of behind-the-wheel
3driving experience, at least 10 hours of which were during hours of darkness. Each
4hour of behind-the-wheel driving experience while accompanied by a qualified
5instructor, as defined in s. 343.07
(5) (1c), shall be considered to be 2 hours of
6behind-the-wheel driving experience, except that no more than 5 hours of
7behind-the-wheel driving experience while accompanied by a qualified instructor
8may be counted in this manner. This paragraph does not apply to applicants for a
9restricted license under s. 343.08 or a special restricted operator's license under s.
10343.135. The department may promulgate rules that waive the requirement of
11accumulating at least 30 hours of behind-the-wheel experience for qualified
12applicants who are licensed by another jurisdiction to operate "Class D" vehicles.
Note: Section 343.07 (5) is renumbered 343.07 (1c) by this bill.
SB365, s. 129
13Section
129. 343.07 (1) of the statutes is renumbered 343.07 (1g).
Note: Accommodates the renumbering of s. 343.07 (5) by this bill.
SB365, s. 130
14Section
130. 343.07 (5) of the statutes is renumbered 343.07 (1c).
Note: Moves a definition to the beginning of the section in conformity with current
style.
SB365, s. 131
15Section
131. 343.085 (2m) (a) 1. b. of the statutes is amended to read:
SB365,67,1716
343.085
(2m) (a) 1. b. A person who meets the requirements under s. 343.07
17(1) (1g) (a).
Note: Section 343.07 (1) is renumbered 343.07 (1g) by this bill.
SB365, s. 132
18Section
132. 343.085 (2m) (a) 2. of the statutes is amended to read:
SB365,68,219
343.085
(2m) (a) 2. Between the hours of 12 midnight and 5 a.m., unless the
20licensee's parent or guardian, or a person who meets the requirements under s.
1343.07
(1) (1g) (a), occupies the seat beside the licensee, or unless the licensee is
2traveling between his or her place of residence, school
, and place of employment.
Note: Section 343.07 (1) is renumbered 343.07 (1g) by this bill.
SB365, s. 133
3Section
133. 344.52 (1) of the statutes is renumbered 344.52 (1r) and amended
4to read:
SB365,68,175
344.52
(1r) Whenever any motor vehicle rented for compensation outside this
6state is operated in this state, the lessor of
such
the motor vehicle is directly liable
7for all damages to persons or property caused by the negligent operation of
such the 8rented vehicle unless, at the time when
such the damage or injury occurs, the
9operation of the
rented vehicle is effectively covered by a policy of insurance
which 10that provides coverage at least in the amounts specified in s. 344.01 (2) (d) for
11property damage, personal injury
, or death suffered by any person on account of the
12negligent operation of
such the rented vehicle. The amount of liability imposed upon
13the lessor by this section in the absence of insurance coverage shall not exceed the
14limits set forth in s. 344.01 (2) (d) with respect to the acceptable limits of liability
15when furnishing proof of financial responsibility. The fact that the rented vehicle is
16operated in this state contrary to any understanding or agreement with the lessor
17is not a defense to any liability imposed by this section.
Note: Renumbers provision to accommodate the renumbering of s. 344.52 (3) by
this bill. Disfavored terms are replaced, specific references added, and serial commas
inserted for improved readability and conformity with current style.
SB365, s. 134
18Section
134. 344.52 (3) of the statutes is renumbered 344.52 (1g).
Note: Renumbers definition to beginning of section in conformity with current
style.
SB365, s. 135
19Section
135. 346.65 (2) (intro.) of the statutes is renumbered 346.65 (2) (am)
20(intro.).
Note: Renumbers provision to conform with current style that requires each
statutory unit that follows an introduction to form a complete sentence when read with
the introduction.
SB365, s. 136
1Section
136
. 346.65 (2) (a) to (e) of the statutes are renumbered 346.65 (2) (am)
21. to 5., and 346.65 (2) (am) 1., as renumbered, is amended to read:
SB365,69,43
346.65
(2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
4as provided in
pars. (b) to subds. 2. to 5. and par. (f).
Note: Renumbers provision to conform with current style that requires each
statutory unit that follows an introduction to form a complete sentence when read with
the introduction. Changes cross-references to accommodate renumbering.
SB365, s. 137
5Section
137. 346.65 (2) (f) of the statutes is amended to read:
SB365,69,126
346.65
(2) (f) If there was a minor passenger under 16 years of age in the motor
7vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
8the applicable minimum and maximum forfeitures, fines
, or imprisonment under
9par.
(a), (b), (c), (d) or (e) (am) for the conviction are doubled. An offense under s.
10346.63 (1) that subjects a person to a penalty under par.
(c), (d) or (e) (am) 3., 4., or
115. when there is a minor passenger under 16 years of age in the motor vehicle is a
12felony and the place of imprisonment shall be determined under s. 973.02.
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 138
13Section
138. 346.65 (2) (g) of the statutes is amended to read:
SB365,69,1614
346.65
(2) (g) 1. If a person convicted had an alcohol concentration of 0.17 to
150.199, the applicable minimum and maximum fines under
pars. (c) to (e) par. (am)
163. to 5. are doubled.
SB365,69,1917
2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
18applicable minimum and maximum fines under
pars. (c) to (e) par. (am) 3. to 5. are
19tripled.
SB365,70,3
13. If a person convicted had an alcohol concentration of 0.25 or above, the
2applicable minimum and maximum fines under
pars. (c) to (e) par. (am) 3. to 5. are
3quadrupled.
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 139
4Section
139. 346.65 (2c) of the statutes is amended to read:
SB365,70,105
346.65
(2c) In sub. (2)
(b) to (e)
(am) 2., 3., 4., and 5., the time period shall be
6measured from the dates of the refusals or violations that resulted in the revocation
7or convictions. If a person has a suspension, revocation
, or conviction for any offense
8under a local ordinance or a state statute of another state that would be counted
9under s. 343.307 (1), that suspension, revocation
, or conviction shall count as a prior
10suspension, revocation
, or conviction under sub. (2)
(b) to (e) (am) 2., 3., 4., and 5.
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 140
11Section
140. 346.65 (2e) of the statutes is amended to read:
SB365,70,1812
346.65
(2e) If the court determines that a person does not have the ability to
13pay the costs and fine or forfeiture imposed under sub. (2)
(a), (b), (c), (d), (e) (am),
14(f)
, or (g), the court may reduce the costs, fine
, and forfeiture imposed and order the
15person to pay, toward the cost of the assessment and driver safety plan imposed
16under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and
17fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
18(2)
(a), (b), (c), (d), (e) (am), (f)
, or (g).
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 141
19Section
141. 346.65 (2g) (a) of the statutes is amended to read:
SB365,71,720
346.65
(2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
21to provide that a defendant perform community service work for a public agency or
1a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
2(2)
(b) to (am) 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court
3may provide that a defendant perform community service work for a public agency
4or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
5(2)
(a) (am) 1. or may require a person who is subject to sub. (2) to perform community
6service work for a public agency or a nonprofit charitable organization in addition
7to the penalties specified under sub. (2).
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 142
8Section
142. 346.65 (2g) (ag) of the statutes is amended to read:
SB365,71,169
346.65
(2g) (ag) If the court determines that a person does not have the ability
10to pay a fine imposed under sub. (2)
(b) to (am) 2., 3., 4., or 5., (f), or (g), the court shall
11require the defendant to perform community service work for a public agency or a
12nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
13of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
14fine. Each hour of community service performed in compliance with an order under
15this paragraph shall reduce the amount of the fine owed by an amount determined
16by the court.
Note: Changes cross-references to accommodate renumbering by Section 136 of
this bill.
SB365, s. 143
17Section
143. 346.65 (2g) (am) of the statutes is amended to read:
SB365,72,518
346.65
(2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
19(ag) may
only apply
only if agreed to by the organization or agency. The court shall
20ensure that the defendant is provided a written statement of the terms of the
21community service order and that the community service order is monitored. Any
22organization or agency acting in good faith to which a defendant is assigned pursuant
1to an order under this subsection has immunity from any civil liability in excess of
2$25,000 for acts or omissions by or impacting on the defendant. The issuance or
3possibility of the issuance of a community service order under this subsection does
4not entitle an indigent defendant who is subject to sub. (2)
(a) (am) 1. to
5representation by counsel under ch. 977.
Note: Changes cross-reference to accommodate renumbering by Section 136 of
this bill. Corrects placement of adverb.
SB365, s. 144
6Section
144. 346.65 (2g) (d) of the statutes is amended to read:
SB365,72,97
346.65
(2g) (d) With respect to imprisonment under sub. (2)
(b) (am) 2., the
8court shall ensure that the person is imprisoned for not less than 5 days or ordered
9to perform not less than 30 days of community service work under s. 973.03 (3) (a).