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).
Note: Changes cross-reference to accommodate renumbering by Section 136 of
this bill.
SB365, s. 145
10Section
145. 346.65 (2i) of the statutes is amended to read:
SB365,73,1311
346.65
(2i) In addition to the authority of the court under sub. (2g) and s. 973.05
12(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
13s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1)
, or 940.25, to visit a site that
14demonstrates the adverse effects of substance abuse or of operating a vehicle while
15under the influence of an intoxicant or other drug, including an alcoholism treatment
16facility approved under s. 51.45 or an emergency room of a general hospital in lieu
17of part or all of any forfeiture imposed or in addition to any penalty imposed. The
18court may order the defendant to pay a reasonable fee, based on the person's ability
19to pay, to offset the costs of establishing, maintaining
, and monitoring the visits
20ordered under this subsection. The court may order a visit to the site only if agreed
21to by the person responsible for the site. If the opportunities available to visit sites
22under this subsection are fewer than the number of defendants eligible for a visit,
1the court shall, when making an order under this subsection, give preference to
2defendants who were under 21 years of age at the time of the offense. The court shall
3ensure that the visit is monitored. A visit to a site may be ordered for a specific time
4and a specific day to allow the defendant to observe victims of vehicle accidents
5involving intoxicated drivers. If it appears to the court that the defendant has not
6complied with the court order to visit a site or to pay a reasonable fee, the court may
7order the defendant to show cause why he or she should not be held in contempt of
8court. Any organization or agency acting in good faith to which a defendant is
9assigned pursuant to an order under this subsection has immunity from any civil
10liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
11The issuance or possibility of the issuance of an order under this subsection does not
12entitle an indigent defendant who is subject to sub. (2)
(a) (am) 1. to representation
13by counsel under ch. 977.
Note: Changes cross-reference to accommodate renumbering by Section 136 of
this bill.
SB365, s. 146
14Section
146. 346.65 (2j) (intro.) of the statutes is renumbered 346.65 (2j) (am)
15(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
16Section
147
. 346.65 (2j) (a), (b) and (c) of the statutes are renumbered 346.65
17(2j) (am) 1., 2. and 3., and 346.65 (2j) (am) 1., as renumbered, is amended to read:
SB365,73,1918
346.65
(2j) (am) 1. Shall forfeit not less than $150 nor more than $300 except
19as 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
20Section
148. 346.65 (2j) (d) of the statutes is amended to read:
SB365,74,7
1346.65
(2j) (d) If there was a minor passenger under 16 years of age in the
2commercial motor vehicle at the time of the violation that gave rise to the conviction
3under s. 346.63 (5), the applicable minimum and maximum forfeitures, fines
, or
4imprisonment under par.
(a), (b) or (c) (am) 1., 2., or 3. for the conviction are doubled.
5An offense under s. 346.63 (5) that subjects a person to a penalty under par.
(c) (am)
63. when there is a minor passenger under 16 years of age in the commercial motor
7vehicle 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
8Section
149. 346.65 (7) of the statutes is amended to read:
SB365,74,119
346.65
(7) A person convicted under sub. (2)
(b), (c), (d) or (e) (am) 2., 3., 4., or
105. or (2j)
(b) or (c) (am) 2. or 3. shall be required to remain in the county jail for not
11less than a 48-consecutive-hour period.
Note: Changes cross-references to accommodate renumbering by Sections 136
and 147 of this bill.
SB365, s. 150
12Section
150. 441.001 (4) (b) of the statutes is amended to read:
SB365,74,1913
441.001
(4) (b) The execution of procedures and techniques in the treatment
14of the sick under the general or special supervision or direction of a physician,
15podiatrist licensed under ch. 448, dentist licensed under ch. 447
, or optometrist
16licensed under ch. 449, or under an order of a person who is licensed to practice
17medicine, podiatry, dentistry
, or optometry in another state if the person making the
18order prepared the order after examining the patient in that other state and directs
19that the order be carried out in this state.
Note: Inserts serial comma consistent with current style.
SB365, s. 151
20Section
151. 758.13 (1) of the statutes is renumbered 758.13 (1) (a) (intro.) and
21amended to read:
SB365,75,2
1758.13
(1) (a) (intro.) There is created a judicial council of 21 members as
2follows:
a
SB365,75,3
31. One supreme court justice designated by the supreme court
; a .
SB365,75,4
42. One court of appeals judge designated by the court of appeals
; the.
SB365,75,5
53. The director of state courts or his or her designee
; 4.
SB365,75,6
64. Four circuit judges designated by the judicial conference
; the.
SB365,75,9
75. The chairpersons of the senate and the assembly committees dealing with
8judicial affairs or a member of each such committee designated by the respective
9chairperson
; the.
SB365,75,10
106. The attorney general or his or her designee
; the.
SB365,75,11
117. The revisor of statutes or an assistant designated by the revisor
; the.
SB365,75,14
128. The deans of the law schools of the University of Wisconsin and Marquette
13University or a member of the respective law school faculties designated by the
14deans
; the.
SB365,75,15
159. The state public defender or his or her designee
; the.
SB365,75,17
1610. The president-elect of the
state bar State Bar of Wisconsin or a member of
17the board of governors of the state bar designated by the president-elect
and 3.
SB365,75,19
1811. Three additional members
thereof
of the state bar selected by the state bar
19to serve 3-year terms
; one.
SB365,75,20
2012. One district attorney appointed by the governor
; and 2.
SB365,75,21
2113. Two citizens at large appointed by the governor to serve 3-year terms.
SB365,76,2
22(b) The names of the
judicial council members shall be certified to the secretary
23of state by the executive secretary of the judicial commission. Members shall hold
24office until their successors have been selected. Members shall receive no
1compensation, but shall be reimbursed from the appropriation made by s. 20.665 (1)
2for expenses necessarily incurred by
them members in attending council meetings.
Note: Subdivides a long provision by placing a list in tabular form. Inserts specific
references and changes capitalization.
SB365, s. 152
3Section
152. 895.42 (title) of the statutes is amended to read:
SB365,76,5
4895.42 (title)
Deposit of undistributed money and property by
5administrators personal representatives and others.
SB365, s. 153
6Section
153. 973.05 (2m) of the statutes is renumbered 973.05 (2m) (intro.) and
7amended to read:
SB365,76,98
973.05
(2m) (intro.) Payments under this section shall be applied
first to as
9applicable in the following order:
SB365,76,11
10(a) To payment of the penalty surcharge until paid in full
, shall then be applied
11to the.