Wisconsin Legislature: 20,2656

102.29 (8r) No participant in a food stamp employment and training program under s. 49.13 49.79 (9) who, under s. 49.13 (2) (d) 49.79 (9) (a) 5., is provided worker's compensation coverage by the department of health and family services or by a Wisconsin works Works agency, as defined in s. 49.001 (9), or other provider under contract with the department of health and family services or a county department under s. 46.215, 46.22, or 46.23 or tribal governing body to administer the food stamp employment and training program and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

20,2647 Section 2647. 103.001 (6) of the statutes is amended to read:

103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

20,2648 Section 2648. 103.005 (17) of the statutes is repealed.

20,2649 Section 2649. 103.005 (18) of the statutes is repealed.

20,2650 Section 2650. 106.18 of the statutes is created to read:

106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

20,2650e Section 2650e. 108.05 (2) (f) of the statutes is amended to read:

108.05 (2) (f) The department shall certify such schedule to the revisor of statutes, who legislative reference bureau, which shall when publishing the statutes include the latest such schedule then available.

20,2650r Section 2650r. 108.10 (7) (b) of the statutes is amended to read:

108.10 (7) (b) The department may choose not to appeal and to nonacquiesce in the decision by sending a notice of nonacquiescence to the commission, to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register and to the employer before the time expires for seeking a judicial review of the decision under sub. (4). The effect of this action is that, although the decision is binding on the parties to the case, the commission's conclusions of law, the rationale and construction of statutes in the case are not binding on the department in other cases.

20,2651 Section 2651. 108.20 (2m) of the statutes is amended to read:

108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf), (gg), and (gi) which that are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m), and may expend the remainder to pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may to conduct research relating to the condition of the unemployment reserve fund under s. 108.14 (6), to administer the unemployment insurance program and federal or state unemployment insurance programs authorized by the governor under s. 16.54, to assist the department of justice in the enforcement of this chapter, to make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may to make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

20,2651g Section 2651g. 110.08 (1m) of the statutes is amended to read:

110.08 (1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in s. 343.01 (2) (dg) 340.01 (41k), in cooperation with the department.

20,2651r Section 2651r. 110.08 (5) of the statutes is created to read:

110.08 (5) (a) Unless an alternative plan has been approved under par. (b), after the effective date of this paragraph .... [revisor inserts date], the department shall maintain a local examining center in each municipality in which a local examining center was located on December 1, 2006. If the department closed any local examining center in a municipality between December 1, 2006, and the effective date of this paragraph .... [revisor inserts date], and the department maintains no other local examining center in that municipality on the effective date of this paragraph .... [revisor inserts date], the department shall, as soon as possible, open a local examining center in that municipality. Any local examining center required to be opened under this paragraph may not be closed by the department.

(b) In lieu of maintaining or opening a local examining center in a municipality under par. (a), the department may submit to the joint committee on finance an alternative plan for providing services that would otherwise be provided at the local examining center in the municipality. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan as proposed. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may implement the plan only upon approval of the committee.

20,2652 Section 2652. 110.09 of the statutes is created to read:

110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

(b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

(2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

20,2653 Section 2653. 110.20 (7) of the statutes is amended to read:

110.20 (7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub. (8) (bm), the vehicle may be inspected.

20,2654 Section 2654. 110.20 (8) (title) of the statutes is amended to read:

110.20 (8) (title) Contractors and other inspection methods.

20,2655 Section 2655. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20 (8) (am) 1., as renumbered, is amended to read:

110.20 (8) (am) 1. The emissions test and equipment inspection of nonexempt vehicles shall may be performed by persons under contract with the department. The Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5).

20,2656 Section 2656. 110.20 (8) (am) 1m. of the statutes is created to read:

110.20 (8) (am) 1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par. (bm), than those used at inspection stations that are not self-service.

20,2657 Section 2657. 110.20 (8) (bm) of the statutes is created to read:

110.20 (8) (bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.

20,2658 Section 2658. 110.20 (9) (k) of the statutes is created to read:

110.20 (9) (k) Prescribe a procedure for any method for emissions testing and equipment inspection established under sub. (8) (bm).

20,2659 Section 2659. 110.20 (10m) of the statutes is amended to read:

110.20 (10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by a contractor under sub. (8) (am), or at any other location where, as established under sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.

20,2660 Section 2660. 110.20 (11) of the statutes is amended to read:

110.20 (11) Inspection tests; results. (a) The A contractor shall perform the tests required under the federal act, and any testing and inspection method established under sub. (8) (bm) shall include the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require the contractor contractors to provide information on the fuel efficiency of the motor vehicle.

(b) The department shall require the each contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. For emissions inspections not conducted by a contractor, the department shall require any testing and inspection method established under sub. (8) (bm) to include the contemporaneous furnishing of the results of the emissions inspection in writing to the person having the vehicle inspected. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.

20,2661 Section 2661. 110.21 of the statutes is amended to read:

110.21 Education and training related to motor vehicle emissions. The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.

20,2665 Section 2665. 111.70 (1) (j) of the statutes is amended to read:

111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family long-term care district, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

20,2666e Section 2666e. 111.70 (4) (c) 2. of the statutes is renumbered 111.70 (4) (c) 2. a.

20,2666f Section 2666f. 111.70 (4) (c) 2. b. of the statutes is created to read:

111.70 (4) (c) 2. b. A collective bargaining agreement entered into between fire fighting personnel and a municipal employer may, notwithstanding s. 62.13 (5), contain dispute resolution procedures, including arbitration, that address the suspension, reduction in rank, suspension and reduction in rank, or removal of such personnel. If the procedures include arbitration, the arbitration hearing shall be public and the decision of the arbitrator shall be issued within 180 days of the conclusion of the hearing.

20,2679g Section 2679g. 111.70 (4) (m) (title) of the statutes is amended to read:

111.70 (4) (m) (title) Prohibited subjects of bargaining; school district municipal employers.

20,2679i Section 2679i. 111.70 (4) (mc) of the statutes is created to read:

111.70 (4) (mc) Prohibited subjects of bargaining ; fire fighting personnel . In a bargaining unit containing fire fighting personnel, the municipal employer is prohibited from bargaining collectively with respect to:

1. The prohibition of access to arbitration as an alternative to the procedures in s. 62.13 (5).

2. The reduction of standards in s. 62.13 (5) (em) 1. to 7.

3. The payment of compensation in a way that is inconsistent with s. 62.13 (5) (h).

20,2665g Section 2665g. 114.09 (title) of the statutes is amended to read:

114.09 (title) Reckless Intoxicated and reckless flying; penalty.

20,2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

114.09 (1) (a) (intro.) In this subsection, "drug":

1. "Drug" has the meaning specified in s. 450.01 (10).

20,2665j Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:

114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00 if there is a passenger in the aircraft.

20,2665L Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and amended to read:

114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor.

2. No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

20,2665n Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:

114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground if the person has a prohibited alcohol concentration.

20,2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

2. Except as provided in subd. 6., shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

6. If there was a minor passenger under 16 years of age in the aircraft at the time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the applicable minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or 1m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under 16 years of age in the aircraft is a felony and the place of imprisonment shall be determined under s. 973.02.

7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under subd. 3. to 5. are doubled.

b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under subd. 3. to 5. are tripled.

c. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.

(b) In par. (a) 1. to 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 par. (a) 1. to 5.

(bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that, if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

c. Require a person who is referred to a treatment facility in another state under subd. 1. a. or b. to furnish the department written verification of his or her compliance from the agency that administers the assessment and airman safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency that administers the assessment and airman safety plan program.

2. The department of health and family services shall establish standards for assessment procedures and the airman safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.

3. Prior to developing a plan that specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the airman safety plan within 14 days to the county department under s. 51.42, the plan provider, the department of transportation, the appropriate federal agency, and the person, except that, upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.

4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.