SB21: Bill Text

SB21,1604,15 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2013 2015, $2,124,800 in 2014 2016, and $1,062,400 in the first 6 months of 2015 2017 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB21,4292 Section 4292 . 301.26 (7) (h) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (h).

SB21,4293 Section 4293. 301.26 (8) of the statutes is amended to read:

SB21,1604,22 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2013 2015, $1,333,400 in 2014 2016, and $666,700 in the first 6 months of 2015 2017 for alcohol and other drug abuse treatment programs.

SB21,4294 Section 4294. 301.26 (8) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (8).

SB21,4295 Section 4295. 301.263 (title) of the statutes is renumbered 48.528 (title).

SB21,4296 Section 4296. 301.263 (1) of the statutes is amended to read:

SB21,1605,6 301.263 (1) From the appropriation In each fiscal year, the department shall distribute the amount appropriated under s. 20.410 (3) (f), the department shall distribute $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

SB21,4297 Section 4297. 301.263 (1) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.528 (1) and amended to read:

SB21,1605,12 48.528 (1) In each fiscal year, the department shall distribute the amount appropriated under s. 20.410 (3) (f) 20.437 (1) (cm) to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

SB21,4298 Section 4298. 301.263 (2) of the statutes is renumbered 48.528 (2).

SB21,4299 Section 4299. 301.263 (3) of the statutes is renumbered 48.528 (3).

SB21,4300 Section 4300. 301.28 (2) (b) of the statutes is amended to read:

SB21,1605,20 301.28 (2) (b) No person may be permanently appointed as a correctional officer unless the person has satisfactorily completed a preservice training program approved by the department preservice training standards board. The preservice training standards board shall establish a process to certify persons as having met the professional standards that qualify them to be correctional officers.

SB21,4301 Section 4301. 301.45 (1g) (b) of the statutes is amended to read:

SB21,1605,25 301.45 (1g) (b) Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision on or after December 25, 1993, for a sex offense.

SB21,4302 Section 4302. 301.45 (1g) (bm) of the statutes is amended to read:

SB21,1606,6 301.45 (1g) (bm) Is in prison, a juvenile correctional facility, or a secured residential care center for children and youth or is on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy, or attempt to commit a violation, of a law of this state that is comparable to a sex offense.

SB21,4303 Section 4303. 301.45 (2) (e) 1. of the statutes is amended to read:

SB21,1606,10 301.45 (2) (e) 1. Within 10 days after the person is placed on probation, supervision, community supervision, aftercare supervision, conditional release, or supervised release.

SB21,4304 Section 4304. 301.45 (3) (a) 2. of the statutes is amended to read:

SB21,1606,15 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a juvenile correctional facility or a secured residential care center for children and youth, he or she is subject to this subsection upon being released on parole, extended supervision, community supervision, or aftercare supervision.

SB21,4305 Section 4305. 301.45 (3) (b) 2. of the statutes is amended to read:

SB21,1607,2 301.45 (3) (b) 2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, community supervision agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under s. 304.13 (1m), 304.135, 304.16, or 938.988, when the client enters this state.

SB21,4306 Section 4306. 301.45 (3) (b) 4. of the statutes is amended to read:

SB21,1607,11 301.45 (3) (b) 4. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) was not required to read and sign a form under subd. 3m., was not provided with a form to read and sign under subd. 3m. or failed or refused to read or sign a form under subd. 3m. It is not a defense to liability under sub. (6) (a) or (ag) that the person subject to sub. (1g) did not receive notice under this paragraph from the department of health services, the department of corrections, a probation, extended supervision, and parole agent, a community supervision agent, an aftercare agent, or an agency providing supervision.

SB21,4307 Section 4307. 301.45 (5) (a) 2. of the statutes is amended to read:

SB21,1607,16 301.45 (5) (a) 2. If the person has been sentenced to prison for a sex offense or placed in a juvenile correctional facility or a secured residential care center for children and youth for a sex offense, 15 years after discharge from parole, extended supervision, community supervision, or aftercare supervision for the sex offense.

SB21,4308 Section 4308. 302.31 (7) of the statutes is amended to read:

SB21,1607,23 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age, and persons who have attained the age of 17 years but have not attained the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

SB21,4309 Section 4309. 302.386 (5) (c) of the statutes is amended to read:

SB21,1608,3 302.386 (5) (c) Any participant in the corrective sanctions program person who is subject to community supervision under s. 938.533 unless the participant person is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).

SB21,4310 Section 4310. 303.07 (7) of the statutes is amended to read:

SB21,1608,14 303.07 (7) If any inmate of a reforestation camp, in the performance of work in connection with the maintenance of the camp, is injured so as to be permanently incapacitated, or to have materially reduced earning power, the inmate may upon discharge be allowed and paid such compensation as the department of workforce development office of the commissioner of insurance finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any such the inmate shall not exceed $1,000 and may be paid in installments. If the inmate is from an adjoining county such that county shall pay such the compensation. In case of dispute the procedure for hearing, award, and appeal shall be as set forth in ss. 102.16 to 102.26.

SB21,4311 Section 4311. 303.21 (1) (a) of the statutes is amended to read:

SB21,1609,3 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development office of the commissioner of insurance finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in installments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award, and appeal shall be as set forth in ss. 102.16 to 102.26.

SB21,4312 Section 4312. 304.074 (2) of the statutes is amended to read:

SB21,1609,14 304.074 (2) The department shall charge a reasonable fee as determined by the department to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, parolees, or persons on extended supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer, parolee, and person on extended supervision. The department shall not charge a fee while the probationer, parolee, or person on extended supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

SB21,4313 Section 4313. 304.074 (3) (intro.) of the statutes is renumbered 304.074 (3) and amended to read:

SB21,1609,21 304.074 (3) The department may decide not to charge waive for a period a fee under sub. (2) to any probationer, parolee or person on extended supervision while he or she meets any of the following conditions: for reasons established under department policy, including if the person is unemployed, has a health issue or is disabled, or is participating in education or treatment-related programming.

SB21,4314 Section 4314. 304.074 (3) (a), (b), (c) and (d) of the statutes are repealed.

SB21,4315 Section 4315. 304.074 (5) of the statutes is amended to read:

SB21,1609,25 304.074 (5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).

SB21,4316 Section 4316. 321.40 (1) (c) 2. of the statutes is amended to read:

SB21,1610,3 321.40 (1) (c) 2. A public institution of higher education under the a Minnesota-Wisconsin student reciprocity agreement under s. 39.47 36.27 (7).

SB21,4317 Section 4317 . 321.60 (1) (a) 4. of the statutes is amended to read:

SB21,1610,10 321.60 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

SB21,4318 Section 4318 . 321.60 (1) (a) 4. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1610,19 321.60 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 97.33 (2), 97.605 (1) (a) or (b), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit license for the operation of a campground specified in s. 254.47 (1) 97.67 (1).

SB21,4319 Section 4319. 321.60 (1) (a) 6m. of the statutes is created to read:

SB21,1610,22 321.60 (1) (a) 6m. A license, certification, or permit issued under s. 89.06 or 89.072.

SB21,4320 Section 4320. 321.60 (1) (a) 8. of the statutes is amended to read:

SB21,1610,24 321.60 (1) (a) 8. A license issued under s. 102.17 (1) (c), 104.07, or 105.05.

SB21,4321 Section 4321. 321.60 (1) (a) 12. of the statutes is amended to read:

SB21,1611,4 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, and professional standards under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

SB21,4322 Section 4322. 321.60 (1) (a) 20. of the statutes is amended to read:

SB21,1611,7 321.60 (1) (a) 20. A license issued under s. 102.17 (1) (c), 628.04, 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.

SB21,4323 Section 4323. 321.62 (1) (bm) of the statutes is created to read:

SB21,1611,12 321.62 (1) (bm) "Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district, or school district or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district, or school district.

SB21,4324 Section 4324. 321.62 (9) of the statutes is amended to read:

SB21,1611,19 321.62 (9) Statutes of limitations. The period of state active duty may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in state active duty or by or against his or her heirs, personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of state active duty.

SB21,4325 Section 4325. 321.62 (22) (d) 1. (intro.) of the statutes is amended to read:

SB21,1611,25 321.62 (22) (d) 1. (intro.) Any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., based on the alleged professional negligence or other professional liability of a service member whose professional liability insurance coverage has been suspended under par. (a) shall be stayed until the end of the period of suspension if all of the following apply:

SB21,4326 Section 4326. 321.64 (1) (c) of the statutes is amended to read:

SB21,1612,7 321.64 (1) (c) If a dispute arises regarding a classified employee of the state relating to the provisions of par. (a), the complaint shall be filed with the director administrator of the office division of state employment relations personnel management. A decision of the director administrator of the office division of state employment relations personnel management in the department of administration may be reviewed under ch. 227.

SB21,4327 Section 4327. 321.65 (1) (a) 2. of the statutes is amended to read:

SB21,1612,12 321.65 (1) (a) 2. Active service with the state laboratory of hygiene under s. 36.25 (11) (em) 250.08 (5m) for the purpose of assisting the department of health services under s. 250.042 during a state of emergency relating to public health declared by the governor under s. 323.10.

SB21,4328 Section 4328. 340.01 (23g) (a) of the statutes is amended to read:

SB21,1612,19 340.01 (23g) (a) Means a motor vehicle which is not painted in accordance with s. 347.44 (1) and which is used for the purpose of transporting disabled persons individuals with disabilities as defined in s. 85.21 (2) (cm) 85.22 (2) (bm) or elderly persons seniors as defined in s. 85.22 (2) (b) (d) in connection with any transportation assistance program for elderly seniors or disabled persons individuals with disabilities.

SB21,4329 Section 4329. 340.01 (56) (am) of the statutes is amended to read:

SB21,1613,2 340.01 (56) (am) Means a motor vehicle which is painted in accordance with s. 347.44 (1) and is used for the purpose of transporting disabled persons individuals with disabilities as defined in s. 85.21 (2) (cm) 85.22 (2) (bm) or elderly persons seniors as defined in s. 85.22 (2) (b) (d) in connection with any transportation assistance program for elderly seniors or disabled persons individuals with disabilities.

SB21,4330 Section 4330. 341.14 (6r) (b) 4. of the statutes is amended to read:

SB21,1613,15 341.14 (6r) (b) 4. An additional fee of $20 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. An additional fee of $40 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47. if the plate is issued or renewed during the first year of the biennial registration period or $20 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. The fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. The department shall pay all moneys received under this subdivision to the Board of Regents of the University of Wisconsin system System Authority to fund the scholarship programs under s. 36.44.

SB21,4331 Section 4331. 341.14 (6r) (c) of the statutes is amended to read:

SB21,1615,4 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. Except as provided in this paragraph, the department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System Authority before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special groups under par. (f) 50. and 59., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61r., the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Special group plates issued under par. (f) 62. shall display the words "In God We Trust". The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61m. shall display a logo or image of the lion associated with the Lions Clubs International. Special group plates under par. (f) 61r. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words "share the road" on the bottom portion of the plates. Special group plates under par. (f) 63. shall display the words "Trout Unlimited." Notwithstanding par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and design that was specified by the department for special group plates under par. (f) 33. and 48., respectively, immediately prior to January 1, 2007. The design for special group plates under par. (f) 33. and 48. shall be different from the design of special group plates under par. (f) 33m. and 48m., respectively.

SB21,4332 Section 4332. 341.14 (6r) (e) of the statutes is amended to read:

SB21,1615,20 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47., 50., and 59., for each professional football team under par. (f) 55., and for each professional baseball team under par. (f) 60. The department shall specify one combination of colors for special group plates under par. (f) 35. to 47. Subject to par. (c), the department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the University of Wisconsin System Authority specifies. The department shall consult the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the colors for the special group plate under par. (f) 61r.

SB21,4333 Section 4333. 342.40 (4) (a) of the statutes is amended to read:

SB21,1615,24 342.40 (4) (a) In this subsection, "state agency" has the meaning given for "agency" in s. 227.01 (1) and includes the Board of Regents of the University of Wisconsin System Authority.

SB21,4334 Section 4334. 343.14 (3) of the statutes is amended to read:

SB21,1616,8 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (am), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except as provided in sub. (3m) and s. 343.16 (3) (am), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (am) and 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).

SB21,4335 Section 4335. 343.16 (3) (am) of the statutes is created to read:

SB21,1616,16 343.16 (3) (am) 1. If an applicant for the renewal of a license authorizing operation of only "Class D" vehicles satisfies eligibility criteria established by the department under subd. 2., the applicant may apply for renewal of the license, and the department may renew the license, by any electronic means offered by the department. A license may be renewed under this paragraph without the applicant's photograph being taken. An applicant may not apply for renewal under this paragraph more than once in a 16-year period.

SB21,1616,18 2. The department shall establish criteria for eligibility for license renewal by electronic means under this paragraph.

SB21,4336 Section 4336. 343.165 (1) (intro.) of the statutes is amended to read:

SB21,1617,2 343.165 (1) (intro.) Subject to ss. 343.14 (3m), 343.16 (3) (am), and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

SB21,4337 Section 4337. 343.20 (1) (a) of the statutes is amended to read: