2015 Wisconsin Act 55

55,4291 Section 4291 . 301.26 (7) (h) of the statutes is amended to read:

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.

55,4292 Section 4292 . 301.26 (7) (h) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (7) (h).

55,4293 Section 4293. 301.26 (8) of the statutes is amended to read:

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.

55,4294 Section 4294. 301.26 (8) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 48.526 (8).

55,4295 Section 4295. 301.263 (title) of the statutes is renumbered 48.528 (title).

55,4296 Section 4296. 301.263 (1) of the statutes is amended to read:

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.

55,4297 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:

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.

55,4298 Section 4298. 301.263 (2) of the statutes is renumbered 48.528 (2).

55,4299 Section 4299. 301.263 (3) of the statutes is renumbered 48.528 (3).

55,4301 Section 4301. 301.45 (1g) (b) of the statutes is amended to read:

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.

55,4302 Section 4302. 301.45 (1g) (bm) of the statutes is amended to read:

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.

55,4303 Section 4303. 301.45 (2) (e) 1. of the statutes is amended to read:

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.

55,4304 Section 4304. 301.45 (3) (a) 2. of the statutes is amended to read:

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.

55,4305 Section 4305. 301.45 (3) (b) 2. of the statutes is amended to read:

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.

55,4306 Section 4306. 301.45 (3) (b) 4. of the statutes is amended to read:

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.

55,4307 Section 4307. 301.45 (5) (a) 2. of the statutes is amended to read:

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.

55,4308 Section 4308. 302.31 (7) of the statutes is amended to read:

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).

55,4309 Section 4309. 302.386 (5) (c) of the statutes is amended to read:

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).

55,4312 Section 4312. 304.074 (2) of the statutes is amended to read:

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).

55,4313 Section 4313. 304.074 (3) (intro.) of the statutes is renumbered 304.074 (3) and amended to read:

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.

55,4314 Section 4314. 304.074 (3) (a), (b), (c) and (d) of the statutes are repealed.

55,4315 Section 4315. 304.074 (5) of the statutes is amended to read:

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).

55,4316m Section 4316m. 321.40 (5) (c) of the statutes is amended to read:

321.40 (5) (c) No guard member may receive a tuition grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2) or 45.205 (2).

55,4317 Section 4317 . 321.60 (1) (a) 4. of the statutes is amended to read:

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).

55,4318 Section 4318 . 321.60 (1) (a) 4. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

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).

55,4319 Section 4319. 321.60 (1) (a) 6m. of the statutes is created to read:

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

55,4323 Section 4323. 321.62 (1) (bm) of the statutes is created to read:

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.

55,4324 Section 4324. 321.62 (9) of the statutes is amended to read:

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.

55,4325 Section 4325. 321.62 (22) (d) 1. (intro.) of the statutes is amended to read:

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:

55,4326 Section 4326. 321.64 (1) (c) of the statutes is amended to read:

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.

55,4328 Section 4328. 340.01 (23g) (a) of the statutes is amended to read:

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.

55,4329 Section 4329. 340.01 (56) (am) of the statutes is amended to read:

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.

55,4329m Section 4329m. 341.05 (7) of the statutes is amended to read:

341.05 (7) The vehicle is a farm tractor used exclusively in agricultural operations, including threshing, or used exclusively to provide power to drive other machinery, or to transport from job to job machinery driven by a farm tractor; used for special occasions such as display and parade purposes or for participation in tractor or antique vehicle clubs, including traveling to and from such events; or used for occasional personal use, but not for regular daily transportation.

55,4334m Section 4334m. 343.15 (1) (a) of the statutes is amended to read:

343.15 (1) (a) Except as provided in sub. (4), the application of any person under 18 years of age for a license shall be signed and verified by either of the applicant's parents, or a stepparent of the applicant or other adult sponsor, as defined by the department by rule. The application shall be signed and verified before a traffic officer, a duly authorized agent of the department or a person duly authorized to administer oaths. A signature and verification under this paragraph may be provided electronically in a format designated by the department.

55,4334r Section 4334r. 343.16 (2) (b) of the statutes is amended to read:

343.16 (2) (b) Specific requirements. The standards developed by the department under par. (c) shall provide that the examination for persons making their first application for an operator's license shall include, subject to sub. (3) (am), a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26, understanding of fuel-efficient driving habits and the relative costs and availability of other modes of transportation, knowledge of the need for anatomical gifts and the ability to make an anatomical gift through the use of a donor card issued under s. 343.175 (2), and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The test of knowledge of the traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the consumption of alcohol beverages. The test of knowledge may also include questions on the social, medical and economic effects of alcohol and other drug abuse. The examination of applicants for authorization to operate `Class M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including proper eye protection to be worn during hours of darkness. The department may require persons changing their residence to this state from another jurisdiction and persons applying for a reinstated license after termination of a revocation period to take all or parts of the examination required of persons making their first application for an operator's license. Any applicant who is required to give an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall furnish a representative vehicle in safe operating condition for use in testing ability.

55,4334t Section 4334t. 343.16 (2) (f) 3. of the statutes is amended to read:

343.16 (2) (f) 3. Notwithstanding pars. (a) to (c) and sub. (1) (a), with respect to equivalent classes of vehicles under s. 343.04 (1), the department shall treat an application for a commercial driver license submitted with a military commercial driver license and other related documentation the same as an application for that license submitted by a person holding a commercial driver license from another jurisdiction, except that the department shall waive the initial issuance or upgrading fees under s. 343.21 (1) (d) and (n) for the commercial driver license and any applicable endorsement, and shall require the applicant to take and pass the applicable knowledge tests, unless the applicant is exempt from, or eligible for a waiver of, these knowledge tests under 49 CFR 383.

55,4334u Section 4334u. 343.16 (3) (a) of the statutes is amended to read:

343.16 (3) (a) Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The Subject to par. (am), the examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

55,4335d Section 4335d. 343.16 (3) (am) of the statutes is created to read:

343.16 (3) (am) 1. If an applicant for a probationary license authorizing operation of only "Class D" vehicles satisfies eligibility criteria established by the department under subd. 3., the applicant may apply for the license, and the department may issue the license, by any electronic means offered by the department. A license may be issued under this subdivision without a test of eyesight and without a photograph being taken.

2. If an applicant for the renewal of a license authorizing operation of only "Class D" vehicles is currently a probationary license holder and satisfies eligibility criteria established by the department under subd. 3., the applicant may apply for the license, and the department may renew the license, by any electronic means offered by the department. A license may be renewed under this subdivision without a test of eyesight and without a photograph being taken.

3. The department shall establish criteria for eligibility for license issuance and renewal by electronic means under this paragraph.

55,4337 Section 4337. 343.20 (1) (a) of the statutes is amended to read:

343.20 (1) (a) Except as otherwise expressly provided in this chapter, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. Licenses issued after cancellation shall expire on the expiration date for the prior license at the time of cancellation. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (b) and (d) shall be prorated accordingly.

55,4338 Section 4338. 343.20 (1) (e) of the statutes is repealed.

55,4339 Section 4339. 343.20 (1m) of the statutes is amended to read:

343.20 (1m) Notwithstanding sub. (1) (a) and (e), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) 2., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

55,4340 Section 4340. 343.21 (1) (a) of the statutes is amended to read:

343.21 (1) (a) For the initial issuance or renewal of a license authorizing only the operation of "Class D" motor vehicles, $18 other than a probationary license under s. 343.085, $24.

55,4341 Section 4341. 343.21 (1) (ag) of the statutes is created to read:

343.21 (1) (ag) For the issuance of a probationary license under s. 343.085, $18.

55,4342 Section 4342. 343.21 (1) (am) of the statutes is repealed.

55,4343 Section 4343. 343.21 (1) (d) of the statutes is amended to read:

343.21 (1) (d) For Except as provided in s. 343.16 (2) (f) 3., for the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified. An Except as provided in s. 343.16 (2) (f) 3., an additional fee of $5 is required for the issuance or renewal of any "S" endorsement applied for or renewed at the same time for which the applicant is qualified.

55,4344 Section 4344. 343.21 (1) (n) of the statutes is amended to read:

343.21 (1) (n) In Except as provided in s. 343.16 (2) (f) 3., in addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a license issuance fee of $10.

55,4345 Section 4345. 343.21 (1m) of the statutes is amended to read:

343.21 (1m) In addition to the fee specified in sub. (1) (am) (a), (b), or (d), an applicant whose application for renewal of a license or authorization under sub. (1) (am) (a), (b), or (d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.

55,4345m Section 4345m. 343.30 (1z) of the statutes is amended to read: