SB301, s. 170
6Section
170. 343.16 (1) (b) 3. (intro.) and b. of the statutes are amended to read:
SB301,64,127
343.16
(1) (b) 3. (intro.) At least annually, the department shall conduct an
8on-site inspection of the 3rd-party tester to determine compliance with the contract
9and with department and federal standards for testing applicants for commercial
10driver licenses and with department standards for testing applicants for school bus
11endorsements. At least annually, the department shall also evaluate testing given
12by the 3rd-party
tester by one of the following means:
SB301,64,1413
b. The department shall retest a sample of drivers who were examined by the
143rd-party
tester to compare the pass and fail results.
Note: Inserts missing term.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
397 renumbered s. 343.61 (6) to also be s. 343.71 (5).
SB301,65,619
346.65
(2) (bm) In Winnebago County, if the number of convictions under ss.
20940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
21revocations, and other convictions counted under s. 343.307 (1) within a 10-year
22period, equals 2, except that suspensions, revocations, or convictions arising out of
1the same incident or occurrence shall be counted as one, the fine shall be the same
2as under par.
(b) (am) 2., but the period of imprisonment shall be not less than 5 days,
3except that if the person successfully completes a period of probation that includes
4alcohol and other drug treatment, the period of imprisonment shall be not less than
55 nor more than 7 days. A person may be sentenced under this paragraph or under
6par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
SB301,65,167
(cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and
8940.25 in the person's lifetime, plus the total number of suspensions, revocations,
9and other convictions counted under s. 343.307 (1) within a 10-year period, equals
103, except that suspensions, revocations, or convictions arising out of the same
11incident or occurrence shall be counted as one, the fine shall be the same as under
12par.
(c) (am) 3., but the period of imprisonment shall be not less than 30 days, except
13that if the person successfully completes a period of probation that includes alcohol
14and other drug treatment, the period of imprisonment shall be not less than 10 days.
15A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm)
16or (cm) or (3r) once in his or her lifetime.
Note: Inserts correct cross-references. Section 346.65 (2) (a) to (e) was
renumbered s. 346.65 (2) (am) 1. to 5. by
2005 Wis. Act 149.
SB301,66,519
346.65
(2j) (bm) In Winnebago County, if the number of convictions under ss.
20940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
21revocations, and other convictions counted under s. 343.307 (1) within a 10-year
22period, equals 2, except that suspensions, revocations, or convictions arising out of
23the same incident or occurrence shall be counted as one, the fine shall be the same
1as under par.
(b) (am) 2., but the period of imprisonment shall be not less than 5 days,
2except that if the person successfully completes a period of probation that includes
3alcohol and other drug treatment, the period of imprisonment shall be not less than
45 nor more than 7 days. A person may be sentenced under this paragraph or under
5par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
SB301,66,156
(cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and
7940.25 in the person's lifetime, plus the total number of suspensions, revocations,
8and other convictions counted under s. 343.307 (1) within a 10-year period, equals
93 or more, except that suspensions, revocations, or convictions arising out of the same
10incident or occurrence shall be counted as one, the fine shall be the same as under
11par.
(c) (am) 3., but the period of imprisonment shall be not less than 30 days, except
12that if the person successfully completes a period of probation that includes alcohol
13and other drug treatment, the period of imprisonment shall be not less than 10 days.
14A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm)
15or (cm) or (3r) once in his or her lifetime.
Note: Inserts correct cross-references. Section 346.65 (2j) (a) to (c) was
renumbered s. 346.65 (2j) (am) 1. to 3. by
2005 Wis. Act 149.
Note: There is no conflict of substance. As merged by the revisor, effective
6-1-2006, s. 347.50 (1) reads:
(1) Any person violating ss. 347.35 to 347.49, except s. 347.385 (5), s. 347.413 (1)
or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4)
or s. 347.489, may be required to forfeit not less than $10 nor more than $200.
Note: There is no conflict of substance. As merged by the revisor, s. 348.21 (3)
(intro.) reads:
(3) Except as provided in sub. (3g), any person violating s. 348.15 or 348.16 or any
weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s.
348.175 or authorized under s. 348.17 (3) or (5) or in an overweight permit issued under
s. 348.26 or 348.27 may be penalized as follows:
SB301, s. 176
1Section
176. 348.21 (3) (b) 1. of the statutes is renumbered 348.21 (3) (b) 1.
2(intro.) and amended to read:
SB301,67,43
348.21
(3) (b) 1. (intro.) For the first conviction, a forfeiture of not less than $50
4nor more than $200 plus an amount equal to
: 1 whichever of the following applies:
SB301,67,6
5a. One cent for each pound of total excess load when the total excess is not over
62,000 pounds
; 2.
SB301,67,8
7b. Two cents for each pound of total excess load if the excess is over 2,000 pounds
8and not over 3,000 pounds
; 3.
SB301,67,10
9c. Three cents for each pound of total excess load if the excess is over 3,000
10pounds and not over 4,000 pounds
; 5.
SB301,67,12
11d. Five cents for each pound of total excess load if the excess is over 4,000
12pounds and not over 5,000 pounds
; 7.
SB301,67,14
13e. Seven cents for each pound of total excess load if the excess is over 5,000
14pounds.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301, s. 177
15Section
177. 348.21 (3) (b) 2. of the statutes is renumbered 348.21 (3) (b) 2.
16(intro.) and amended to read:
SB301,67,1917
348.21
(3) (b) 2. (intro.) For the 2nd and each subsequent conviction within a
1812-month period, a forfeiture of not less than $100 nor more than $300, plus an
19amount equal to
: 2 whichever of the following applies:
SB301,67,21
20a. Two cents for each pound of total excess load when the total excess is not over
212,000 pounds
; 4 .
SB301,68,2
1b. Four cents for each pound of total excess load if the excess is over 2,000
2pounds and not over 3,000 pounds
; 6.
SB301,68,4
3c. Six cents for each pound of total excess load if the excess is over 3,000 and
4not over 4,000 pounds
; 8.
SB301,68,6
5d. Eight cents for each pound of total excess load if the excess is over 4,000
6pounds and not over 5,000 pounds
; 10.
SB301,68,7
7e. Ten cents for each pound of total excess load if the excess is over 5,000 pounds.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301,68,1410
348.21
(3g) (intro.) Any person who, while operating a vehicle combination that
11has 6 or more axles and that is transporting raw forest products, violates s. 348.15
12or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a
13declaration issued under s. 348.175 or authorized
under s. 348.17 (4) or in an
14overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:
SB301,68,2117
348.21
(3g) (intro.) Any person who, while operating a vehicle combination that
18has 6 or more axles and that is transporting raw forest products, violates s. 348.15
19or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or authorized
20under s. 348.17 (4) or in an overweight permit issued under s. 348.26 or 348.27 may
21be penalized as follows:
SB301,69,53
348.21
(3g) (a) (intro.) For a first conviction or a 2nd conviction within a
412-month period, a forfeiture of not less than $150 nor more than $250 plus an
5amount equal to
: 6 whichever of the following applies:
SB301,69,7
61. Six cents for each pound of total excess load when the total excess is less than
72,000 pounds
; 8.
SB301,69,9
82. Eight cents for each pound of total excess load if the excess is 2,000 pounds
9or more and not over 3,000 pounds
; 9.
SB301,69,11
103. Nine cents for each pound of total excess load if the excess is over 3,000
11pounds and not over 4,000 pounds
; 10.
SB301,69,13
124. Ten cents for each pound of total excess load if the excess is over 4,000 pounds
13and not over 5,000 pounds
; 11.
SB301,69,15
145. Eleven cents for each pound of total excess load if the excess is over 5,000
15pounds.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301,69,2018
348.21
(3g) (b) (intro.) For the 3rd and each subsequent conviction within a
1912-month period, a forfeiture of not less than $500 nor more than $550, plus an
20amount equal to
: 20 whichever of the following applies:
SB301,69,22
211. Twenty cents for each pound of total excess load when the total excess is 3,000
22pounds or less
; 21.
SB301,70,2
12. Twenty-one cents for each pound of total excess load if the excess is over
23,000 pounds and not over 4,000 pounds
; 22.
SB301,70,4
33. Twenty-two cents for each pound of total excess load if the excess is over
44,000 pounds and not over 5,000 pounds
; 23.
SB301,70,6
54. Twenty-three cents for each pound of total excess load if the excess is over
65,000 pounds.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301, s. 182
7Section
182. 402.318 (title) of the statutes is amended to read:
SB301,70,9
8402.318 (title)
Third party
Third-party beneficiaries of warranties,
9express or implied.
Note: Corrects spelling.
SB301,70,1512
450.145
(1m) Except as provided in
s. 450.145 sub. (2), a pharmacist or
13pharmacy may not report personally identifying information concerning an
14individual who is dispensed a prescription or who purchases a nonprescription drug
15product as specified in sub. (1) (a), (b), or (c).
Note: The remainder of s. 440.142 was renumbered to s. 450.145.
SB301, s. 184
16Section
184. Subchapter XI of chapter 440 [precedes 440.980] of the statutes,
17as created by
2005 Wisconsin Act 292, is renumbered subchapter XII of chapter 440
18[precedes 440.9805].
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter VII
of chapter 440, as created by
2005 Wis. Act 25, was renumbered subchapter XI of chapter
440 by the revisor under s. 13.93 (1) (b).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Section 440.70
as created by
2005 Wis. Act 25, was renumbered 440.98 by the revisor under s. 13.93 (1)
(b).
SB301, s. 186
1Section
186. Subchapter XII of chapter 440 [precedes 440.99] of the statutes
2is renumbered subchapter XIII of chapter 440 [precedes 440.99].
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter XII
of chapter 440 is renumbered subchapter XIII of chapter 440 to accommodate the
renumbering of subchapter XI of chapter 440 by this bill.
SB301,71,75
441.15
(2) (intro.) Except as provided in sub. (2m)
and s. 250.042 (4) (b), no
6person may engage in the practice of nurse-midwifery unless each of the following
7conditions is satisfied:
Note: Inserts "and" required by the merger of the treatments of s. 441.15 (2) (intro.)
by
2005 Wis. Acts 96 and
292.
SB301,71,1110
441.15
(2m) Subsection (2) does not apply to a person granted a license to
11practice midwifery under subch.
XI XII of ch. 440.
Note: Subchapter XI of chapter 440, as created by
2005 Wis. Act 477, is
renumbered to subchapter XII of chapter 440 by this bill.
SB301,72,214
448.03
(2) (a) Any person lawfully practicing within the scope of a license,
15permit, registration, certificate or certification granted to practice midwifery under
16subch.
XI XII of ch. 440, to practice professional or practical nursing or
17nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
18dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to
1practice acupuncture under ch. 451 or under any other statutory provision, or as
2otherwise provided by statute.
Note: Subchapter XI of chapter 440, as created by
2005 Wis. Act 292, is
renumbered to subchapter XII of chapter 440 by this bill.
SB301, s. 190
3Section
190. 448.08 (3) of the statutes is amended to read:
SB301,72,84
448.08
(3) Billing for tests performed by the state laboratory of hygiene. 5A person other than a state or local government agency who charges a patient, other
6person or
3rd party 3rd-party payer for services performed by the state laboratory
7of hygiene shall identify the actual amount charged by the state laboratory of
8hygiene and shall restrict charges for those services to that amount.
Note: Corrects spelling.
SB301, s. 191
9Section
191. 449.18 (8) of the statutes is renumbered 449.18 (6) (cm).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
297 changed cross-references to s. 449.18 (8) to s. 449.18 (6) (cm), but did not treat s.
449.18 (8).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
196 also created a provision numbered s. 450.11 (4m).
SB301,72,1614
452.135
(2) (a) (intro.) Except as provided in
sub. par. (b), a broker shall provide
15to a client a copy of the following written disclosure statement not later than the time
16the broker enters into an agency agreement with the client:
Note: Corrects cross-reference. The cross-reference is shown correctly in the
printed statutes.