AB64: Bill Text

AB64,1873 Section 1873. 304.06 (1) (b) of the statutes is amended to read:

AB64,816,4 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission department may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission department may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB64,1874 Section 1874. 304.06 (1) (c) (intro.) of the statutes is amended to read:

AB64,816,8 304.06 (1) (c) (intro.) If an inmate applies for parole under this subsection, the parole commission department shall make a reasonable attempt to notify the following, if they can be found, in accordance with par. (d):

AB64,1875 Section 1875. 304.06 (1) (d) 1. of the statutes is amended to read:

AB64,816,19 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em). The parole commission department shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.

AB64,1876 Section 1876. 304.06 (1) (e) of the statutes is amended to read:

AB64,817,2 304.06 (1) (e) The parole commission department shall permit any office or person under par. (c) 1. to 3. to provide written statements. The parole commission department shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole commission department to consider other statements or information that it receives in a timely fashion.

AB64,1877 Section 1877. 304.06 (1) (eg) of the statutes is amended to read:

AB64,817,6 304.06 (1) (eg) The parole commission department shall permit any person under par. (c) 3. to attend any interview or hearing on the application for parole of an applicable inmate and to make a statement at that interview or hearing.

AB64,1878 Section 1878. 304.06 (1) (em) of the statutes is amended to read:

AB64,817,12 304.06 (1) (em) The parole commission department shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s. 940.01, 940.03, 940.05, 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.06, or 948.07 to have direct input in the decision-making process for parole.

AB64,1879 Section 1879. 304.06 (1) (f) of the statutes is amended to read:

AB64,818,4 304.06 (1) (f) The parole commission department shall design and prepare cards for persons specified in par. (c) 3. to send to the commission department. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole commission department determines is necessary. The parole commission department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole commission department. All commission department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing under this section, the parole commission department shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

AB64,1880 Section 1880. 304.06 (1) (g) of the statutes is amended to read:

AB64,818,12 304.06 (1) (g) Before a person is released on parole under this subsection, the parole commission department shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole commission department a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

AB64,1881 Section 1881. 304.06 (1m) (intro.) of the statutes is amended to read:

AB64,818,16 304.06 (1m) (intro.) The parole commission department may waive the 25 percent or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

AB64,1882 Section 1882. 304.06 (1m) (b) of the statutes is amended to read:

AB64,818,20 304.06 (1m) (b) If the department recommends orders that the person be placed on parole that includes the condition under sub. (1x) and the commission orders that condition.

AB64,1883 Section 1883. 304.06 (1q) (b) of the statutes is amended to read:

AB64,819,2 304.06 (1q) (b) The parole commission or the department may require as a condition of parole that a serious child sex offender undergo pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. This paragraph does not prohibit the department from requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation.

AB64,1884 Section 1884. 304.06 (1q) (c) of the statutes is amended to read:

AB64,819,9 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the parole commission department may not consider, as a factor in making its decision, that the offender is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the offender is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

AB64,1885 Section 1885. 304.06 (1x) of the statutes is amended to read:

AB64,819,14 304.06 (1x) The parole commission department may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).

AB64,1886 Section 1886. 304.06 (2) of the statutes is amended to read:

AB64,819,19 304.06 (2) No prisoner under sub. (1) may be paroled until the parole commission department is satisfied that the prisoner has adequate plans for suitable employment or to otherwise sustain himself or herself. The paroled prisoner shall report to the department in such manner and at such times as it requires.

AB64,1887 Section 1887. 304.06 (2m) (d) (intro.) of the statutes is amended to read:

AB64,819,23 304.06 (2m) (d) (intro.) The parole commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

AB64,1888 Section 1888. 304.06 (2m) (d) 1. of the statutes is amended to read:

AB64,820,4 304.06 (2m) (d) 1. The parole commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.

AB64,1889 Section 1889. 304.06 (2m) (d) 2. of the statutes is amended to read:

AB64,820,9 304.06 (2m) (d) 2. The parole commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.

AB64,1890 Section 1890. 304.071 (1) of the statutes is amended to read:

AB64,820,24 304.071 (1) The parole commission department may at any time grant a parole to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or parole to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the person on parole shall report upon discharge from the armed forces.

AB64,1891 Section 1891. 323.13 (1) (g) of the statutes is created to read:

AB64,821,16 323.13 (1) (g) Notify the joint committee on finance in writing of the specific costs incurred as a result of the activation of the state emergency operations center under sub. (2) (i) for more than 36 hours. The adjutant general shall include in that notification information concerning all costs incurred for equipment and supplies obtained to assist local units of government and local law enforcement in responding to a disaster, overtime costs for division personnel, and meals for personnel staffing the emergency operations center. The requested costs shall be paid from the appropriation under s. 20.465 (3) (u) if the cochairpersons of the joint committee on finance fail to notify the adjutant general within 14 working days after the date of the adjutant general's notification under this paragraph that the committee has scheduled a meeting to review the adjutant general's request. If, within 14 working days after the date of the adjutant general's notification under this paragraph, the cochairpersons of the committee notify the adjutant general that the committee has scheduled a meeting to review the adjutant general's request, the requested costs may be paid from the appropriation under s. 20.465 (3) (u) only as approved by the committee.

AB64,1892 Section 1892. 323.13 (2) (i) of the statutes is created to read:

AB64,821,19 323.13 (2) (i) Operate a state emergency operations center during a state of emergency declared under s. 323.10.

AB64,1893 Section 1893. 323.62 of the statutes is created to read:

AB64,821,24 323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.

AB64,1894 Section 1894. 341.14 (6r) (b) 10. of the statutes is amended to read:

AB64,822,12 341.14 (6r) (b) 10. An additional fee of $25 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 the special group specified under par. (f) 57. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 57. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision, in excess of $27,600 for the initial costs of production of the special group plate under par. (f) 57., shall be credited to the appropriation account under s. 20.435 (1) 20.395 (5) (gi). To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB64,1895 Section 1895. 341.14 (6r) (b) 11. of the statutes is amended to read:

AB64,822,25 341.14 (6r) (b) 11. An additional fee of $25 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 the special group specified under par. (f) 58. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 58. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision, in excess of $43,200 for the initial costs of production of the special group plate under par. (f) 58., shall be credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).

AB64,1896 Section 1896. 343.14 (2) (gh) of the statutes is amended to read:

AB64,823,4 343.14 (2) (gh) A question as to whether the applicant wishes to designate an additional $2 to support the efforts of Donate Life Wisconsin for the purposes described under s. 250.17 (1) 341.14 (8w).

AB64,1897 Section 1897. 343.21 (1) (o) of the statutes is amended to read:

AB64,823,10 343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).

AB64,1898 Section 1898. 346.95 (1m) of the statutes is created to read:

AB64,823,13 346.95 (1m) Any person violating s. 346.89 (1) or (3) (a) may be required to forfeit not less than $40 nor more than $400.

AB64,1899 Section 1899. 346.95 (2) of the statutes is amended to read:

AB64,823,16 346.95 (2) Any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more than $400.

AB64,1900 Section 1900. 348.105 (4) of the statutes is amended to read:

AB64,823,23 348.105 (4) An application for a permit shall be made to the department using an electronic application process established by the department. The department shall charge a fee of $1,800 for a permit. All moneys received from fees imposed by the department under this subsection shall be deposited in the general transportation fund and credited to the appropriation account under s. 20.395 (5) (dg).

AB64,1901 Section 1901. 440.023 of the statutes is created to read:

AB64,824,2 440.023 Occupational license review council. (1) Definitions:. In this section:

AB64,824,3 (a) “Council” means the occupational license review council.

AB64,824,4 (b) “Occupational license” means any of the following:

AB64,824,6 1. A license, permit, certification, registration, or other approval granted under s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.

AB64,824,11 2. A license, permit, certification, registration, or other approval not included under subd. 1., if granted to a person by this state in order that the person may engage in a profession, occupation, or trade in this state or in order that the person may use one or more titles in association with his or her profession, occupation, or trade.

AB64,824,17 (2) Report. No later than December 31, 2018, the council shall submit a report to the governor, the chief of the legislative reference bureau, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). In preparing the report, the council shall take into account the impact the council estimates its recommendations will have on state revenues and expenditures. The report shall include all of the following:

AB64,824,19 (a) The council's recommendations for the elimination of occupational licenses based on all of the following:

AB64,824,23 1. The council's evaluation of whether the unregulated practice of the profession, occupation, or trade can clearly harm or endanger the health, safety, or welfare of the public, and whether the potential for the harm is recognizable and not remote or speculative.

AB64,824,25 2. The council's evaluation of whether the public reasonably benefits from the occupational license requirement.

AB64,825,2 3. The council's evaluation of whether the public can be effectively protected by any means other than requiring an occupational license.

AB64,825,4 3. The council's analysis of whether licensure requirements for the regulated profession, occupation, or trade exist in other states.

AB64,825,6 4. The council's estimate of the number of individuals or entities that are affected by the occupational license requirement.

AB64,825,11 5. The council's estimate of the total financial burden imposed on individuals or entities as a result of the occupational licensure requirement, including education or training costs, examination fees, private credential fees, occupational license fees imposed by the state, and other costs individuals or entities incur in order to obtain the required occupational license.

AB64,825,13 6. Any statement or analysis provided by the agency or board administering the occupation license.

AB64,825,16 (b) The council's recommendations for the reduction or elimination of continuing education requirements for occupational licenses not recommended for elimination under par. (a).

AB64,825,18 (3) Legislative action. (a) The legislative reference bureau shall prepare legislation that gives effect to the council's recommendations under sub. (2).

AB64,825,24 (b) A bill prepared under par. (a) shall be introduced without change in each house of the legislature by the joint committee on legislative organization and shall be put on the calendar or referred to the appropriate scheduling committee of each house, except that the joint committee on legislative organization may submit the bill or a suitable portion of the bill to an appropriate legislative committee for advisory recommendations.

AB64,826,2 (c) A bill introduced under par. (b) may not be amended, and the legislature shall take final action on the bill no later than June 30, 2019.

AB64,826,3 (d) A bill introduced under par. (b) is not subject to s. 13.093 (1).

AB64,1902 Section 1902. 440.023 of the statutes, as created by 2017 Wisconsin Act .... (this act), is repealed.

AB64,1903 Section 1903. 440.03 (1c) of the statutes is created to read:

AB64,826,18 440.03 (1c) The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

AB64,1904 Section 1904. 440.03 (4m) of the statutes is created to read:

AB64,826,23 440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64,1905 Section 1905. 440.03 (14) (em) of the statutes is created to read:

AB64,827,5 440.03 (14) (em) The department may, in addition to or in lieu of any disciplinary action under par. (e), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subsection or any rule promulgated under par. (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1906 Section 1906 . 440.03 (16) of the statutes is amended to read:

AB64,827,10 440.03 (16) Annually, the department shall distribute the form developed by the medical and optometry examining boards under 2001 Wisconsin Act 16, section 9143 (3c), to all school districts and charter schools that offer kindergarten, to be used by pupils to provide evidence of eye examinations under s. 118.135.

AB64,1907 Section 1907 . 440.032 (title) of the statutes is repealed.

AB64,1908 Section 1908 . 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.) and amended to read:

AB64,827,14 459.40 Definitions. (intro.) In this section subchapter:

AB64,1909 Section 1909 . 440.032 (1) (a) of the statutes is renumbered 459.40 (1).