SB365: Bill Text

SB365, s. 120 Section 120. 108.02 (15) (k) (intro.), 2., 6., 7., 10., 14., 15., 16. and 19. (intro.) and b. of the statutes are amended to read:

SB365,63,13 108.02 (15) (k) (intro.) "Employment" as applied to work for a given employer other than a government unit or nonprofit organization, except as such the employer duly elects otherwise with the department's approval, does not include service:

SB365,63,17 2. As a domestic in the employ of an individual in such the individual's private home, or as a domestic in the employ of a local college club or of a local chapter of a college fraternity or sorority, unless performed for an individual, club, or chapter which that is an employer subject to this chapter under sub. (13) (d) or (i);

SB365,63,21 6. By an individual for a person as an insurance agent or an insurance solicitor, if all such of the service performed as an insurance agent or solicitor by such the individual for such the person is performed for remuneration solely by way of commissions;

SB365,64,2 7. By an individual for a person as a real estate agent or as a real estate salesperson, if all such of the service performed as a real estate agent or sales person by such the individual for such the person is performed for remuneration solely by way of commission;

SB365,64,7 10. For an employer who would otherwise be subject to this chapter solely because of sub. (13) (f), if and while the employer, with written notice to and approval by the department, duly covers under the unemployment insurance law of another jurisdiction all services for such the employer which that would otherwise be covered under this chapter;

SB365,64,19 14. By an individual for an employer which that is engaged in the processing of fresh perishable fruits or vegetables within a given calendar year if the individual has been employed by the employer solely within the active processing season or seasons, as determined by the department, of the establishment in which the individual has been employed by the employer, and the individual's base period wages with the employer are less than the wages required to start a benefit year under s. 108.04 (4) (a), unless the individual was paid wages of $200 or more for services performed in employment or other work covered by the unemployment insurance law of any state or the federal government, other than work performed for the processing employer, during the 4 most recently completed quarters preceding the individual's first week of employment by the processing employer within that year;

SB365,64,21 15. By an individual as a court reporter if the individual receives wages on a per diem basis; or

SB365,64,25 16. By an individual whose remuneration consists solely of commissions, overrides, bonuses, or differentials directly related to sales or other output derived from in-person sales to or solicitation of orders from ultimate consumers, primarily in the home; or

SB365,65,4 19. (intro.) Performed by an individual for a seasonal employer if the individual received written notice from the seasonal employer prior to performing any service for the employer that such the service is potentially excludable under this subdivision unless:

SB365,65,8 b. The individual has been paid or is treated as having been paid wages or other remuneration of $500 or more during his or her base period for services performed for at least one employer other than the seasonal employer which that is subject to the 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 Section 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 Section 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 Section 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 Section 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 Section 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 Section 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 Section 127. 343.06 (1) (c) of the statutes is amended to read:

SB365,66,22 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1) (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

Note: Section 343.07 (1) is renumbered 343.07 (1g) by this bill.

SB365, s. 128 Section 128. 343.06 (1) (cm) of the statutes is amended to read:

SB365,67,12 343.06 (1) (cm) To operate "Class D" vehicles to any person under 18 years of age, unless the person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 hours of which were during hours of darkness. Each hour of behind-the-wheel driving experience while accompanied by a qualified instructor, as defined in s. 343.07 (5) (1c), shall be considered to be 2 hours of behind-the-wheel driving experience, except that no more than 5 hours of behind-the-wheel driving experience while accompanied by a qualified instructor may be counted in this manner. This paragraph does not apply to applicants for a restricted license under s. 343.08 or a special restricted operator's license under s. 343.135. The department may promulgate rules that waive the requirement of accumulating at least 30 hours of behind-the-wheel experience for qualified applicants 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 Section 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 Section 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 Section 131. 343.085 (2m) (a) 1. b. of the statutes is amended to read:

SB365,67,17 343.085 (2m) (a) 1. b. A person who meets the requirements under s. 343.07 (1) (1g) (a).

Note: Section 343.07 (1) is renumbered 343.07 (1g) by this bill.

SB365, s. 132 Section 132. 343.085 (2m) (a) 2. of the statutes is amended to read:

SB365,68,2 343.085 (2m) (a) 2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (1g) (a), occupies the seat beside the licensee, or unless the licensee is traveling 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 Section 133. 344.52 (1) of the statutes is renumbered 344.52 (1r) and amended to read:

SB365,68,17 344.52 (1r) Whenever any motor vehicle rented for compensation outside this state is operated in this state, the lessor of such the motor vehicle is directly liable for all damages to persons or property caused by the negligent operation of such the rented vehicle unless, at the time when such the damage or injury occurs, the operation of the rented vehicle is effectively covered by a policy of insurance which that provides coverage at least in the amounts specified in s. 344.01 (2) (d) for property damage, personal injury, or death suffered by any person on account of the negligent operation of such the rented vehicle. The amount of liability imposed upon the lessor by this section in the absence of insurance coverage shall not exceed the limits set forth in s. 344.01 (2) (d) with respect to the acceptable limits of liability when furnishing proof of financial responsibility. The fact that the rented vehicle is operated in this state contrary to any understanding or agreement with the lessor is 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 Section 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 Section 135. 346.65 (2) (intro.) of the statutes is renumbered 346.65 (2) (am) (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 Section 136 . 346.65 (2) (a) to (e) of the statutes are renumbered 346.65 (2) (am) 1. to 5., and 346.65 (2) (am) 1., as renumbered, is amended to read:

SB365,69,4 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except as 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 Section 137. 346.65 (2) (f) of the statutes is amended to read:

SB365,69,12 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and maximum forfeitures, fines, or imprisonment under par. (a), (b), (c), (d) or (e) (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (c), (d) or (e) (am) 3., 4., or 5. when there is a minor passenger under 16 years of age in the motor vehicle is a felony 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 Section 138. 346.65 (2) (g) of the statutes is amended to read:

SB365,69,16 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under pars. (c) to (e) par. (am) 3. to 5. are doubled.

SB365,69,19 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (c) to (e) par. (am) 3. to 5. are tripled.

SB365,70,3 3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (c) to (e) par. (am) 3. to 5. are quadrupled.

Note: Changes cross-references to accommodate renumbering by Section 136 of this bill.

SB365, s. 139 Section 139. 346.65 (2c) of the statutes is amended to read:

SB365,70,10 346.65 (2c) In sub. (2) (b) to (e) (am) 2., 3., 4., and 5., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, 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 Section 140. 346.65 (2e) of the statutes is amended to read:

SB365,70,18 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) (am), (f), or (g), the court may reduce the costs, fine , and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (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 Section 141. 346.65 (2g) (a) of the statutes is amended to read:

SB365,71,7 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (b) to (am) 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) (am) 1. or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).

Note: Changes cross-references to accommodate renumbering by Section 136 of this bill.

SB365, s. 142 Section 142. 346.65 (2g) (ag) of the statutes is amended to read:

SB365,71,16 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (b) to (am) 2., 3., 4., or 5., (f), or (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.

Note: Changes cross-references to accommodate renumbering by Section 136 of this bill.

SB365, s. 143 Section 143. 346.65 (2g) (am) of the statutes is amended to read:

SB365,72,5 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only apply only if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) (am) 1. to representation 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 Section 144. 346.65 (2g) (d) of the statutes is amended to read:

SB365,72,9 346.65 (2g) (d) With respect to imprisonment under sub. (2) (b) (am) 2., the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work under s. 973.03 (3) (a).

Note: Changes cross-reference to accommodate renumbering by Section 136 of this bill.

SB365, s. 145 Section 145. 346.65 (2i) of the statutes is amended to read:

SB365,73,13 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining, and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) (am) 1. to representation by counsel under ch. 977.

Note: Changes cross-reference to accommodate renumbering by Section 136 of this bill.

SB365, s. 146 Section 146. 346.65 (2j) (intro.) of the statutes is renumbered 346.65 (2j) (am) (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. 147 Section 147 . 346.65 (2j) (a), (b) and (c) of the statutes are renumbered 346.65 (2j) (am) 1., 2. and 3., and 346.65 (2j) (am) 1., as renumbered, is amended to read:

SB365,73,19 346.65 (2j) (am) 1. Shall forfeit not less than $150 nor more than $300 except as provided in par. (b), (c) subd. 2. or 3. or par. (d).

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. 148 Section 148. 346.65 (2j) (d) of the statutes is amended to read:

SB365,74,7 346.65 (2j) (d) If there was a minor passenger under 16 years of age in the commercial motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (5), the applicable minimum and maximum forfeitures, fines, or imprisonment under par. (a), (b) or (c) (am) 1., 2., or 3. for the conviction are doubled. An offense under s. 346.63 (5) that subjects a person to a penalty under par. (c) (am) 3. when there is a minor passenger under 16 years of age in the commercial motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.

Note: Changes cross-references to accommodate renumbering by Section 147 of this bill.

SB365, s. 149 Section 149. 346.65 (7) of the statutes is amended to read:

SB365,74,11 346.65 (7) A person convicted under sub. (2) (b), (c), (d) or (e) (am) 2., 3., 4., or 5. or (2j) (b) or (c) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.