Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,137,19 289.645 (7) (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

AB75-SSA1-SA1, s. 2657f Section 2657f. 289.67 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,138,9 289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to the construction landfill to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2657h Section 2657h. 289.67 (1) (b) of the statutes is amended to read:

AB75-SSA1-SA1,138,17 289.67 (1) (b) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility or of a construction landfill shall collect the environmental repair fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.".

AB75-SSA1-SA1,138,18 458. Page 1399, line 9: after that line insert:

AB75-SSA1-SA1,138,19 " Section 2658g. 289.67 (1) (g) of the statutes is amended to read:

AB75-SSA1-SA1,138,24 289.67 (1) (g) Reporting period. The reporting period under this subsection is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility or of any construction landfill shall pay environmental repair fees required to be collected under par. (b) at the same time as any tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2658m Section 2658m. 289.67 (1) (i) 1. of the statutes is amended to read:

AB75-SSA1-SA1,139,7 289.67 (1) (i) 1. If a person required under par. (a) to pay an environmental repair fee to a licensed solid or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under par. (b) an affidavit stating facts sufficient to show the person's failure to comply with par. (a).".

AB75-SSA1-SA1,139,8 459. Page 1402, line 9: after that line insert:

AB75-SSA1-SA1,139,9 " Section 2666r. 301.03 (21) of the statutes is created to read:

AB75-SSA1-SA1,139,12 301.03 (21) Notify the director of the office of state employee relations whenever a unit supervisor position in the division of adult institutions becomes vacant.".

AB75-SSA1-SA1,139,14 460. Page 1422, line 2: delete the material beginning with ", committed" and ending with "date]," on line 3.

AB75-SSA1-SA1,139,16 461. Page 1422, line 7: delete the material beginning with ", committed" and ending with "date]," on line 8.

AB75-SSA1-SA1,139,17 462. Page 1422, line 13: after that line insert:

AB75-SSA1-SA1,139,19 "1d. A person sentenced on or after the effective date of this subdivision .... [LRB inserts date].".

AB75-SSA1-SA1,139,20 463. Page 1422, line 14: delete "1." and substitute "1m.".

AB75-SSA1-SA1,139,21 464. Page 1423, line 4: after that line insert:

AB75-SSA1-SA1,139,23 "10. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,140,2 11. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,140,4 12. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,140,5 13. A person who is serving a sentence for a felony murder under of s. 940.03.

AB75-SSA1-SA1,140,6 14. A person who is serving a sentence for a violation of s. 940.11 (1).

AB75-SSA1-SA1,140,7 15. A person who is serving a sentence for a violation of s. 940.235 (1).

AB75-SSA1-SA1,140,8 16. A person who is serving a sentence for a violation of s. 940.32 (3).

AB75-SSA1-SA1,140,9 17. A person who is serving a sentence for a violation of s. 941.21.

AB75-SSA1-SA1,140,10 18. A person who is serving a sentence for a violation of s. 946.465.".

AB75-SSA1-SA1,140,11 465. Page 1434, line 11: after that line insert:

AB75-SSA1-SA1,140,17 "(em) 1. When a person is within 90 days of release to extended supervision under par. (e), the department shall notify the sentencing court that it intends to modify the person's sentence and release the person to extended supervision under par. (e), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the department may proceed under par. (e).

AB75-SSA1-SA1,140,20 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the person's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.

AB75-SSA1-SA1,141,2 b. At the hearing, the court may consider the person's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the person. The court may accept the department's modification of the person's sentence, reject the department's modification of the person's sentence, or order the person to remain in prison for a period that does not exceed the time remaining on the person's term of confinement.".

AB75-SSA1-SA1,141,3 466. Page 1437, line 7: after that line insert:

AB75-SSA1-SA1,141,4 " Section 2740y. 302.46 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,141,18 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.62 (2), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.".

AB75-SSA1-SA1,141,20 467. Page 1439, line 15: delete the material beginning with ", committed" and ending with "date]," on line 16.

AB75-SSA1-SA1,141,21 468. Page 1440, line 2: after that line insert:

AB75-SSA1-SA1,141,23 "ad. A person sentenced on or after the effective date of this subd. 1. ad. .... [LRB inserts date].".

AB75-SSA1-SA1,141,24 469. Page 1440, line 3: delete "a." and substitute "am.".

AB75-SSA1-SA1,141,25 470. Page 1440, line 11: after that line insert:

AB75-SSA1-SA1,142,3 "g. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,142,5 h. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,142,7 i. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,142,8 j. A person who is serving a sentence for a felony murder under s. 940.03.

AB75-SSA1-SA1,142,9 k. A person who is serving a sentence for a violation of s. 940.11 (1).

AB75-SSA1-SA1,142,10 L. A person who is serving a sentence for a violation of s. 940.235 (1).

AB75-SSA1-SA1,142,11 m. A person who is serving a sentence for a violation of s. 940.32 (3).

AB75-SSA1-SA1,142,12 n. A person who is serving a sentence for a violation of s. 941.21.

AB75-SSA1-SA1,142,13 o. A person who is serving a sentence for a violation of s. 946.465.".

AB75-SSA1-SA1,142,15 471. Page 1440, line 12: delete the material beginning with "committed" and ending with "date]," on line 13.

AB75-SSA1-SA1,142,16 472. Page 1440, line 21: after that line insert:

AB75-SSA1-SA1,142,18 "ad. A person sentenced on or after the effective date of this subd. 2. ad. .... [LRB inserts date].".

AB75-SSA1-SA1,142,19 473. Page 1440, line 22: delete "a." and substitute "am.".

AB75-SSA1-SA1,142,20 474. Page 1441, line 4: after that line insert:

AB75-SSA1-SA1,142,22 "f. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,142,24 g. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,143,2 h. A person who is serving a sentence related school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,143,3 i. A person who is serving a sentence for a felony murder under s. 940.03.

AB75-SSA1-SA1,143,4 j. A person who is serving a sentence for a violation of s. 940.06.

AB75-SSA1-SA1,143,5 k. A person who is serving a sentence for a violation of s. 940.302.

AB75-SSA1-SA1,143,6 L. A person who is serving a sentence for a violation of s. 940.31 (1).

AB75-SSA1-SA1,143,7 m. A person who is serving a sentence for a violation of s. 948.03 (2) (a).

AB75-SSA1-SA1,143,8 n. A person who is serving a sentence for a violation of s. 948.40 (4) (a).".

AB75-SSA1-SA1,143,9 475. Page 1450, line 17: delete lines 17 to 21.

AB75-SSA1-SA1,143,10 476. Page 1459, line 23: delete "50" and substitute "10".

AB75-SSA1-SA1,143,11 477. Page 1467, line 1: delete lines 1 to 10.

AB75-SSA1-SA1,143,13 478. Page 1468, line 21: delete the material beginning with that line and ending with page 1473, line 16.

AB75-SSA1-SA1,143,15 479. Page 1477, line 3: delete the material beginning with that line and ending with page 1478, line 15.

AB75-SSA1-SA1,143,16 480. Page 1495, line 5: after that line insert:

AB75-SSA1-SA1,143,17 " Section 2963t. 344.14 (2) (L) of the statutes is created to read:

AB75-SSA1-SA1,143,20 344.14 (2) (L) To the operator or owner involved in an accident if, at the time of the accident, the operator was complying with s. 344.62 (1) or s. 344.63 (1) applies.".

AB75-SSA1-SA1,143,21 481. Page 1495, line 20: after that line insert:

AB75-SSA1-SA1,143,22 " Section 2964e. 344.25 (7) of the statutes is created to read:

AB75-SSA1-SA1,144,2 344.25 (7) At the time of the motor vehicle accident giving rise to the judgment, the person was complying with s. 344.62 (1) or s. 344.63 (1) applies.".

AB75-SSA1-SA1,144,3 482. Page 1496, line 17: after that line insert:

AB75-SSA1-SA1,144,5 " Section 2967r. Subchapter VI of chapter 344 [precedes 344.61] of the statutes is created to read:

AB75-SSA1-SA1,144,6 Chapter 344

AB75-SSA1-SA1,144,8 Subchapter VI MANDATORY LIABILITY INSURANCE

AB75-SSA1-SA1,144,9 344.61 Definitions. In this subchapter:

AB75-SSA1-SA1,144,11 (1) Notwithstanding s. 344.01 (2) (b), "motor vehicle" does not include trailers, semitrailers, and all-terrain vehicles.

AB75-SSA1-SA1,144,13 (2) Notwithstanding s. 344.33 (1), "motor vehicle liability policy" means a motor vehicle policy of liability insurance to which all of the following apply:

AB75-SSA1-SA1,144,17 (a) The policy is issued by an insurer authorized to do a motor vehicle liability business in this state or, if the policy covers a vehicle that was not registered in this state at the time of the policy's effective date, in another state in which the vehicle was registered or the owner or operator of the vehicle resided at that time.

AB75-SSA1-SA1,144,19 (b) The policy is to or for the benefit of the person named in the policy as the insured.

AB75-SSA1-SA1,144,21 (c) The policy satisfies, as of the date of motor vehicle operation, all requirements specified in s. 344.33 (2) and (3).

AB75-SSA1-SA1,145,2 344.62 Motor vehicle liability insurance required. (1) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.

AB75-SSA1-SA1,145,7 (2) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the person, while operating the vehicle, has in his or her immediate possession proof that he or she is in compliance with sub. (1). The operator of the motor vehicle shall display the proof required under this subsection upon demand from any traffic officer.

AB75-SSA1-SA1,145,9 (3) Nothing in this subchapter prohibits a person who violates this section from also being subject to any provision in subchs. I to IV of this chapter.

AB75-SSA1-SA1,145,12 344.63 Exceptions to motor vehicle liability insurance requirement. (1) A person operating a motor vehicle is not subject to s. 344.62 if any of the following apply:

AB75-SSA1-SA1,145,16 (a) The owner or operator of the motor vehicle has in effect a bond with respect to the vehicle that meets the requirements under s. 344.36 (1), including the filing of the bond with the secretary, and the vehicle is being operated with the permission of the person who filed the bond.