Amendment ASA1-SB40

SB40-ASA1,1447,9 346.50 (2a) (b) A qualified operator acting under the express direction of a person to whom plates were a plate was issued under s. 341.14 (1a) when such person is present.

SB40-ASA1, s. 3429j Section 3429j. 346.50 (2a) (c) of the statutes is amended to read:

SB40-ASA1,1447,12 346.50 (2a) (c) A person to whom plates were a plate was issued under s. 341.14 (1m) when the disabled person for whom the plates were plate was issued is present.

SB40-ASA1, s. 3429L Section 3429L. 346.50 (2a) (d) of the statutes is amended to read:

SB40-ASA1,1447,15 346.50 (2a) (d) A person for whom plates were a plate was issued under s. 341.14 (1q).

SB40-ASA1, s. 3429n Section 3429n. 346.50 (2a) (e) of the statutes is amended to read:

SB40-ASA1,1447,19 346.50 (2a) (e) A qualified operator acting under the express direction of a person for whom plates were a plate was issued under s. 341.14 (1q) when such person is present.

SB40-ASA1, s. 3429p Section 3429p. 346.50 (2a) (f) of the statutes is amended to read:

SB40-ASA1,1447,22 346.50 (2a) (f) A person for whom plates were a plate was issued under s. 341.14 (1r) (a).

SB40-ASA1, s. 3429r Section 3429r. 346.50 (2a) (g) of the statutes is amended to read:

SB40-ASA1,1448,3 346.50 (2a) (g) A qualified operator acting under the express direction of a person for whom plates were a plate was issued under s. 341.14 (1r) (a) when the person is present.

SB40-ASA1, s. 3429t Section 3429t. 346.50 (3) of the statutes is amended to read:

SB40-ASA1,1448,16 346.50 (3) Except as provided in sub. (3m), a vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a person with a physical disability is exempt from s. 346.505 (2) (a) or any ordinance in conformity therewith prohibiting parking, stopping or standing upon any portion of a street, highway or parking facility reserved for persons with physical disabilities by official traffic signs indicating the restriction. Stopping, standing and parking privileges granted by this subsection are limited to the persons listed under subs. (2) and (2a) (a) to (m).

SB40-ASA1, s. 3430d Section 3430d. 346.503 (1) of the statutes is amended to read:

SB40-ASA1,1448,24 346.503 (1) In this section, "motor vehicle used by a physically disabled person" means a motor vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB40-ASA1, s. 3430h Section 3430h. 346.505 (2) (a) of the statutes is amended to read:

SB40-ASA1,1449,10 346.505 (2) (a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503 (1), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB40-ASA1, s. 3430p Section 3430p. 346.505 (2) (b) of the statutes is amended to read:

SB40-ASA1,1449,20 346.505 (2) (b) No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB40-ASA1, s. 3430t Section 3430t. 346.505 (2) (c) of the statutes is amended to read:

SB40-ASA1,1450,7 346.505 (2) (c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.

SB40-ASA1, s. 3435g Section 3435g. 348.01 (2) (ax) of the statutes is created to read:

SB40-ASA1,1450,10 348.01 (2) (ax) "Forestry biomass" means byproducts and waste generated by the practice of forestry.

SB40-ASA1, s. 3435j Section 3435j. 348.15 (3) (f) of the statutes is created to read:

SB40-ASA1,1450,12 348.15 (3) (f) 1. In this paragraph:

SB40-ASA1,1450,13 a. "Heavy-duty vehicle" has the meaning given in 42 USC 16104 (a) (4).

SB40-ASA1,1450,14 b. "Idle reduction technology" has the meaning given in 42 USC 16104 (a) (5).

SB40-ASA1,1450,21 2. Notwithstanding pars. (a) to (c), sub. (4), and ss. 348.17 and 349.16, and subject to subd. 3., in the case of a heavy-duty vehicle equipped with idle reduction technology, the gross weight of the vehicle, and the gross weight imposed on the highway by the wheels of any one axle or axle group of the vehicle, may exceed the applicable weight limitation specified in pars. (a) to (c) or posted as provided in s. 348.17 (1) by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.

SB40-ASA1,1450,25 3. This paragraph applies only if the heavy-duty vehicle operator, upon request, proves, by written certification, the weight of the idle reduction technology and, by demonstration or certification, that the idle reduction technology is fully functional at all times.

SB40-ASA1, s. 3435m Section 3435m. 348.21 (3g) (intro.) of the statutes is amended to read:

SB40-ASA1,1451,6 348.21 (3g) (intro.) Any person who, while operating a vehicle combination that has 6 or more axles and that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (4) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

SB40-ASA1, s. 3435n Section 3435n. 348.21 (3g) (intro.) of the statutes, as affected by 2005 Wisconsin Act 167 and 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1451,13 348.21 (3g) (intro.) Any person who, while operating a vehicle combination that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or authorized in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

SB40-ASA1, s. 3435r Section 3435r. 348.27 (9) (a) of the statutes is amended to read:

SB40-ASA1,1452,3 348.27 (9) (a) The department may issue annual or consecutive month permits for the transportation on a vehicle or combination of vehicles of loads exceeding statutory length or weight limitations over any class of highway for a distance not to exceed 11 miles from the Michigan-Wisconsin state line, except that a vehicle or combination of vehicles transporting exclusively peeled or unpeeled forest products cut crosswise, wood chips, or forestry biomass may operate under such a permit anywhere upon USH 2 in Iron County or Ashland County or upon USH 2 in Bayfield County from the Ashland County line through Hart Lake Road, in the town of Iron River, if the vehicle or combination of vehicles is traveling between this state and Michigan and does not violate length or weight limitations established, as of April 28, 2004, under Michigan law. If the roads desired to be used by the applicants involve streets or highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway.

SB40-ASA1, s. 3435v Section 3435v. 349.13 (1m) of the statutes is amended to read:

SB40-ASA1,1452,17 349.13 (1m) In addition to the requirements under s. 346.503 (1m), the department, with respect to state trunk highways outside of corporate limits and parking facilities under its jurisdiction, and local authorities, with respect to highways under their jurisdiction including state trunk highways or connecting highways within corporate limits and parking facilities within corporate limits, may, by official traffic signs indicating the restriction, prohibit parking, stopping or standing upon any portion of a street, highway or parking facility reserved for any vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or any vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB40-ASA1, s. 2691 Section 2691. 349.19 of the statutes is amended to read:

SB40-ASA1,1453,3 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development children and families or a county child support agency under under s. 59.53 (5).

SB40-ASA1, s. 2692 Section 2692. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:

SB40-ASA1,1453,23 350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40-ASA1,1454,3 (2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB40-ASA1, s. 3453m Section 3453m. 440.03 (9) (b) of the statutes is amended to read:

SB40-ASA1,1454,23 440.03 (9) (b) A recommended change to each fee specified under s. 440.05 (1) for an initial credential for which an examination is not required, under s. 440.05 (2) for a reciprocal credential and under s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) prior to and during that budget period. In preparing its recommendations under this paragraph, the department shall utilize timekeeping data tracking the allocation of staff hours to administrative and enforcement activities relating to each regulated profession from the 4 most recent years in which the department collected the timekeeping data for the entire year. The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.

SB40-ASA1, s. 2693 Section 2693. 440.03 (11m) (am) of the statutes is amended to read:

SB40-ASA1,1455,6 440.03 (11m) (am) If an applicant specified in par. (a) 1. or 2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40-ASA1, s. 2694 Section 2694. 440.03 (11m) (c) of the statutes is amended to read:

SB40-ASA1,1455,13 440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of workforce development children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

SB40-ASA1, s. 2695 Section 2695. 440.03 (12m) of the statutes is amended to read:

SB40-ASA1,1455,20 440.03 (12m) The department of regulation and licensing shall cooperate with the departments of justice, children and families, and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

SB40-ASA1, s. 3462q Section 3462q. 440.05 (intro.) of the statutes is amended to read:

SB40-ASA1,1455,24 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), and 450.071 (3):

SB40-ASA1, s. 3465p Section 3465p. 440.08 (2) (a) 28. of the statutes is repealed.

SB40-ASA1, s. 3465q Section 3465q. 440.08 (2) (a) 72. of the statutes is created to read:

SB40-ASA1,1456,4 440.08 (2) (a) 72. Wholesale distributor of prescription drugs: June 1 of each even-numbered year; $300, except that before June 1, 2010, the amount of the renewal fee is $350.

SB40-ASA1, s. 2696 Section 2696. 440.13 (1) (b) of the statutes is amended to read:

SB40-ASA1,1456,8 440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing and the department of workforce development children and families under s. 49.857.

SB40-ASA1, s. 2697 Section 2697. 440.13 (2) (a) of the statutes is amended to read:

SB40-ASA1,1456,16 440.13 (2) (a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

SB40-ASA1, s. 2698 Section 2698. 440.13 (2) (b) of the statutes is amended to read:

SB40-ASA1,1456,22 440.13 (2) (b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

SB40-ASA1, s. 2699 Section 2699. 440.43 (5) of the statutes is amended to read:

SB40-ASA1,1457,5 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2700 Section 2700. 440.44 (10) of the statutes is amended to read:

SB40-ASA1,1457,13 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2701 Section 2701. 440.92 (6) (d) of the statutes is amended to read:

SB40-ASA1,1457,20 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2702 Section 2702. 441.15 (3) (b) of the statutes is amended to read:

SB40-ASA1,1458,7 441.15 (3) (b) On or before the applicable renewal date specified under s. 440.08 (2) (a), a person issued a license under par. (a) and practicing nurse-midwifery shall submit to the board on furnished forms a statement giving his or her name, residence, and other information that the board requires by rule, with the applicable renewal fee specified under s. 440.08 (2) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (bm). The board shall grant to a person who pays the fee specified under s. 440.08 (2) (a) for renewal of a license to practice nurse-midwifery and who satisfies the requirements of this paragraph the renewal of his or her license to practice nurse-midwifery and the renewal of his or her license to practice as a registered nurse.

SB40-ASA1, s. 2703 Section 2703. 449.17 (8) of the statutes is amended to read:

SB40-ASA1,1458,11 449.17 (8) Reimbursement prohibited. No optometrist may be reimbursed under s. 49.46 (2) (a) 3. or 49.471 (11) for any increase in charges or separate charge which is attributable to the use of topical ocular diagnostic pharmaceutical agents.

SB40-ASA1, s. 3526a Section 3526a. 450.01 (1p) of the statutes is created to read:

SB40-ASA1,1458,14 450.01 (1p) "Affiliated group" has the meaning given in section 1504 of the Internal Revenue Code.

SB40-ASA1, s. 3526b Section 3526b. 450.01 (1t) of the statutes is created to read:

SB40-ASA1,1458,18 450.01 (1t) "Authenticate" means to affirmatively verify, before wholesale distribution of a prescription drug occurs, that each transaction listed on a pedigree has occurred.

SB40-ASA1, s. 3626c Section 3626c. 450.01 (1x) of the statutes is created to read:

SB40-ASA1,1458,24 450.01 (1x) "Authorized distributor of record" means a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drug. For purposes of this subsection, an ongoing relationship exists between a wholesale distributor and a manufacturer if all of the following apply:

SB40-ASA1,1459,3 (a) The wholesale distributor, including any affiliated group of the wholesale distributor, has in effect a written agreement with the manufacturer evidencing the ongoing relationship.

SB40-ASA1,1459,6 (b) The wholesale distributor, including any affiliated group of the wholesale distributor, is included in the manufacturer's current list of authorized distributors of record.

SB40-ASA1, s. 3626d Section 3626d. 450.01 (2m) of the statutes is created to read:

SB40-ASA1,1459,11 450.01 (2m) "Colicensed" means, with respect to a partner or product, that 2 or more parties have the right to engage in marketing or manufacturing of a product consistent with the federal food and drug administration's implementation of the federal prescription drug marketing act.

SB40-ASA1, s. 3526e Section 3526e. 450.01 (9m) of the statutes is created to read:

SB40-ASA1,1459,16 450.01 (9m) "Drop shipment" means a sale of a prescription drug to a wholesale distributor by the manufacturer of the drug, by the manufacturer's colicensed product partner, by the manufacturer's 3rd-party logistics provider, or by the manufacturer's exclusive distributor, to which all of the following apply:

SB40-ASA1,1459,18 (a) The wholesale distributor or chain pharmacy warehouse takes title to, but not physical possession of, the drug.

SB40-ASA1,1459,20 (b) The wholesale distributor invoices a pharmacy, a chain pharmacy warehouse, or a person authorized to dispense or administer the drug to a patient.

SB40-ASA1,1459,24 (c) The pharmacy, chain pharmacy warehouse, or person authorized to dispense or administer the drug receives delivery of the drug directly from the manufacturer, the manufacturer's 3rd-party logistics provider, or the manufacturer's exclusive distributor.

SB40-ASA1, s. 3526f Section 3526f. 450.01 (11m) of the statutes is created to read:

SB40-ASA1,1460,2 450.01 (11m) "Facility" means a location where a wholesale distributor stores, handles, repackages, or offers for sale prescription drugs.

SB40-ASA1, s. 3526g Section 3526g. 450.01 (11r) of the statutes is created to read: