Amendment ASA1-AB768

AB768-ASA1,376,23 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB768-ASA1, s. 504 Section 504. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Acts 440 and 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,377,8 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer and financial information related to the individual.

AB768-ASA1, s. 505 Section 505. 301.46 (4) (a) 5. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB768-ASA1,377,11 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.

AB768-ASA1, s. 512b Section 512b. 304.06 (1) (d) 1. of the statutes is amended to read:

AB768-ASA1,377,22 304.06 (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) or (2), 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 shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.

AB768-ASA1, s. 512c Section 512c. 304.06 (1) (d) 3g. of the statutes is created to read:

AB768-ASA1,377,25 304.06 (1) (d) 3g. If applicable, the notice shall state the date of the interview or hearing that the person may attend.

AB768-ASA1, s. 512d Section 512d. 304.06 (1) (eg) of the statutes is created to read:

AB768-ASA1,378,4 304.06 (1) (eg) The parole commission shall permit any person under par. (c) 3. to attend any interview or hearing on the parole application of an applicable inmate and to make a statement at that interview or hearing.

AB768-ASA1, s. 512e Section 512e. 304.06 (1) (f) of the statutes is amended to read:

AB768-ASA1,378,20 304.06 (1) (f) The parole commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. 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 determines is necessary. The parole commission 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. All commission 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 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.

AB768-ASA1, s. 512f Section 512f. 341.10 (7r) of the statutes is created to read:

AB768-ASA1,378,25 341.10 (7r) A city has notified the department under s. 345.285 (2) (b) 1. that one or more citations for nonmoving traffic violations have been issued against the applicant and the applicant has not paid the citations or appeared in court to respond to the citations.

AB768-ASA1, s. 512fm Section 512fm. 341.135 of the statutes is created to read:

AB768-ASA1,379,9 341.135 Rebasing registration plates. (1) Design. The department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am). The design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13 and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable.

AB768-ASA1,379,22 (2) Issuance. (a) Beginning with registrations effective on July 1, 2000, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52., or s. 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) or 341.26 (2) and (3) (a) 1. and (am), the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). Notwithstanding ss. 341.13 (3) and (3m), beginning with registrations effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52., or s. 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB768-ASA1,380,2 (b) Beginning with registrations effective on July 1, 2002, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (6r) (f) 52., the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB768-ASA1,380,7 (cm) Notwithstanding s. 341.14 (6r) (b) 2. and 3. and (8), the department may not charge any fee in addition to the fee required to register the vehicle for the issuance of a registration plate under this subsection if the vehicle was last previously issued a plate of the same type or representing the same special group as the plate issued under this subsection.

AB768-ASA1,380,9 (d) The department may not issue new registration plates under this section for vehicles registered under ss. 341.14 (1) and (1r) and 341.27 (3) (a).

AB768-ASA1,380,13 (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am) by July 1, 2003.

AB768-ASA1,380,14 (3) Sunset. This section does not apply after July 1, 2003.

AB768-ASA1, s. 512fp Section 512fp. 341.26 (2g) of the statutes is created to read:

AB768-ASA1,380,24 341.26 (2g) Rebasing registration plates. Notwithstanding s. 341.13 (3) and (3m), upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.26 (2) and (3) (a) 1. and (am), the registration for which expires after June 30, 2000, and before January 1, 2004, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under s. 341.135 (1). The department may not charge any applicant any fee for the issuance of a registration plate under this subsection in addition to the fee required to register the vehicle. The department shall issue only one set of plates under this subsection for each vehicle registered under this section.

AB768-ASA1, s. 512g Section 512g. 341.51 (4) (ar) of the statutes is created to read:

AB768-ASA1,381,2 341.51 (4) (ar) If the applicant is not an individual, the person's federal employer identification number.

AB768-ASA1, s. 512h Section 512h. 341.51 (4g) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,381,7 341.51 (4g) (a) The department shall deny an application for the issuance or renewal of registration if an individual has not included his or her social security number the information required under sub. (4) (am) or (ar) in the application.

AB768-ASA1,381,12 (b) The department of transportation may not disclose a social security number any information obtained under sub. (4) (am) or (ar) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 512j Section 512j. 341.51 (4m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 341.51 (4m) (a).

AB768-ASA1, s. 512k Section 512k. 341.51 (4m) (b) of the statutes is created to read:

AB768-ASA1,381,20 341.51 (4m) (b) A registration shall be suspended of revoked if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768-ASA1, s. 512km Section 512km. 342.12 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,5 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB768-ASA1, s. 512kp Section 512kp. 342.12 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,14 342.12 (4) (b) Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by a person upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.

AB768-ASA1, s. 512kr Section 512kr. 342.12 (4) (c) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,22 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1), if all of the following conditions are met:

AB768-ASA1, s. 512L Section 512L. 343.05 (1) (a) of the statutes is amended to read:

AB768-ASA1,383,6 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province or subdivision that is a party to an agreement under s. 343.16 (1) (d).

AB768-ASA1, s. 512m Section 512m. 343.085 (2) (c) of the statutes is created to read:

AB768-ASA1,383,9 343.085 (2) (c) Any person entitled to a regular license under an agreement entered into under s. 343.16 (1) (d) is exempt from this section.

AB768-ASA1, s. 512n Section 512n. 343.10 (5) (a) 3. of the statutes is amended to read:

AB768-ASA1,383,24 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the occupational license of the applicant may shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided if the court has ordered under s. 346.65 (6) (a) 1. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB768-ASA1, s. 512p Section 512p. 343.16 (1) (d) of the statutes is created to read:

AB768-ASA1,384,13 343.16 (1) (d) Foreign license reciprocity. The chief administrator of the division of motor vehicles may, with the appropriate official of another country or of a province or other subdivision of another country, enter into a reciprocal agreement under which this state and the other country, province or other subdivision agree to waive any knowledge test and driving skills test of an applicant for an operator's license to operate "Class D" vehicles, as described in s. 343.04 (1) (d), or "Class M" vehicles, as described in s. 343.04 (1) (e), or both, if the applicant possesses a valid license to operate those vehicles, other than an instructional permit, issued by this state or the other country, province or other subdivision. The chief administrator may enter into an agreement under this paragraph only if the criteria for any knowledge test and driving skills test required by the other country, province or other subdivision for those types of vehicles are at least as stringent as the requirements of this state. The agreement shall specify all of the following:

AB768-ASA1,384,23 1. That the department will issue a regular license, as described in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the other country, province or other subdivision for at least 3 years, who presently holds a license to operate that type of vehicle, other than an instructional permit, from the other country, province or other subdivision and who is at least 21 years of age. Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed to permit operation of school buses. The department shall issue a probationary license under s. 343.085 to any other applicant who holds a valid operator's license issued by the other country, province or other subdivision.

AB768-ASA1,385,6 2. That whenever the secretary has good cause to believe that an operator licensed under an agreement entered into under this paragraph is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in par. (a). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.

AB768-ASA1,385,9 3. That the other country, province or other subdivision will treat operators licensed by this state similarly to how this state will treat operators licensed by the other country, province or other subdivision.

AB768-ASA1, s. 512t Section 512t. 343.20 (1) (e) 3. of the statutes is created to read:

AB768-ASA1,385,12 343.20 (1) (e) 3. The person is entitled to a regular license under an agreement entered into under s. 343.16 (1) (d).

AB768-ASA1, s. 512tm Section 512tm. 343.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 184, is amended to read:

AB768-ASA1,386,8 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

AB768-ASA1, s. 512tp Section 512tp. 343.237 (3) (intro.) of the statutes, as created by 1997 Wisconsin Act 119, is amended to read:

AB768-ASA1,386,15 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4) if the department receives a written request on the Wisconsin law enforcement agency's letterhead that contains all of the following:

AB768-ASA1, s. 512u Section 512u. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB768-ASA1,386,22 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 5-year 10-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB768-ASA1, s. 512w Section 512w. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB768-ASA1,387,4 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB768-ASA1, s. 512x Section 512x. 343.30 (1q) (b) 5. of the statutes is amended to read:

AB768-ASA1,387,8 343.30 (1q) (b) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

AB768-ASA1, s. 513c Section 513c. 343.305 (6) (e) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,387,13 343.305 (6) (e) 1. In this paragraph, "licensor" means the department of health and family services or, with respect to permits issued under par. (b) 4., the department of transportation.

AB768-ASA1,387,15 2. In addition to any other information required by the licensor, an application for a permit or laboratory approval under this subsection shall include the following:

AB768-ASA1,387,16 a. In the case of an individual, the individual's social security number.

AB768-ASA1,387,18 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768-ASA1,387,21 3. a. The licensor shall deny an application for the issuance or, if applicable, renewal of a permit or laboratory approval if the information required under subd. 2. a. or b. is not included in the application.

AB768-ASA1,387,25 b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,388,5 4. A permit under this subsection shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB768-ASA1,388,15 5. If the licensor is the department of health and family services, the department of health and family services shall deny an application for the issuance or renewal of a permit or laboratory approval, or revoke a permit or laboratory approval already issued, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the permit or laboratory approval is liable for delinquent taxes. An applicant for whom a permit or laboratory approval is not issued or renewed, or an individual or laboratory whose permit or laboratory approval is revoked, under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subsection.

AB768-ASA1, s. 513d Section 513d. 343.305 (10) (b) 3. of the statutes is amended to read:

AB768-ASA1,388,22 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year within a 10-year period equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB768-ASA1, s. 513e Section 513e. 343.305 (10) (b) 4. of the statutes is amended to read:

AB768-ASA1,389,4 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB768-ASA1, s. 513f Section 513f. 343.305 (10) (b) 5. of the statutes is amended to read:

AB768-ASA1,389,8 343.305 (10) (b) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in revocations or convictions.

AB768-ASA1, s. 513h Section 513h. 343.305 (10m) of the statutes is amended to read:

AB768-ASA1,389,16 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), within a 10-year period, the procedure under s. 346.65 (6) shall be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB768-ASA1, s. 513k Section 513k. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB768-ASA1,389,25 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 5-year 10-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB768-ASA1, s. 513m Section 513m. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB768-ASA1,390,9 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB768-ASA1, s. 513n Section 513n. 343.31 (3) (bm) 5. of the statutes is amended to read:

AB768-ASA1,390,13 343.31 (3) (bm) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

AB768-ASA1, s. 514m Section 514m. 343.61 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,390,19 343.61 (2) (a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

AB768-ASA1,390,20 1. In the case of an individual, the individual's social security number.

AB768-ASA1,390,22 2. In the case of a person who is not an individual, the person's federal employer identification number.