Amendment CSA1-SB40

SB40-CSA1,1329,24 346.93 (1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage in any motor vehicle unless the person is employed by a brewer, an, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer , or rectifier and is possessing, transporting, or having such beverage in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).

SB40-CSA1, s. 3432c Section 3432c. 347.25 (1) of the statutes is amended to read:

SB40-CSA1,1330,19 347.25 (1) Except as provided in subs. (1m) (a), (1r), and (1s), an authorized emergency vehicle may be equipped with one or more flashing, oscillating , or rotating red lights, except that ambulances, fire department equipment, and privately owned motor vehicles under s. 340.01 (3) (d), (dg), or (dm) being used by personnel of a full-time or part-time fire department or , by members of a volunteer fire department or rescue squad, or by an organ procurement organization or any person under an agreement with an organ procurement organization, and privately owned motor vehicles under s. 340.01 (3) (dh) being used to transport or pick up medical devices or equipment, may be equipped with red or red and white lights, and shall be so equipped when the operator thereof is exercising the privileges granted by s. 346.03. The lights shall be so designed and mounted as to be plainly visible and understandable from a distance of 500 feet both during normal sunlight and during hours of darkness. No operator of an authorized emergency vehicle may use the warning lights except when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, when responding to but not upon returning from a fire alarm, when transporting an organ for human transplantation, when transporting medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation, or when necessarily parked in a position which is likely to be hazardous to traffic.

SB40-CSA1, s. 3432e Section 3432e. 347.38 (4) of the statutes is amended to read:

SB40-CSA1,1331,3 347.38 (4) An authorized emergency vehicle shall be equipped with a siren, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, when responding to but not upon returning from a fire alarm, when transporting an organ for human transplantation, or when transporting medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation, in which events the driver of such vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers.

SB40-CSA1, s. 3435j Section 3435j. 348.15 (3) (f) of the statutes is created to read:

SB40-CSA1,1331,5 348.15 (3) (f) 1. In this paragraph:

SB40-CSA1,1331,6 a. "Heavy-duty vehicle" has the meaning given in 42 USC 16104 (a) (4).

SB40-CSA1,1331,7 b. "Idle reduction technology" has the meaning given in 42 USC 16104 (a) (5).

SB40-CSA1,1331,14 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-CSA1,1331,18 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-CSA1, s. 3435m Section 3435m. 348.21 (3g) (intro.) of the statutes is amended to read:

SB40-CSA1,1331,24 348.21 (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-CSA1, 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-CSA1,1332,7 348.21 (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-CSA1, s. 3435x Section 3435x. 349.132 of the statutes is created to read:

SB40-CSA1,1332,10 349.132 Authority to immobilize, remove, impound, and dispose of motor vehicles for nonmoving traffic violations. (1) In this section:

SB40-CSA1,1332,14 (a) "Habitual parking violator" means a person who has received, more than 28 days previously, 3 or more citations for nonmoving traffic violations that remain unpaid and for which the person has not scheduled an appearance in court in response to the citations.

SB40-CSA1,1332,15 (b) "Immobilization device" has the meaning given in s. 341.65 (1) (a).

SB40-CSA1,1332,16 (c) "Nonmoving traffic violation" has the meaning given in s. 345.28 (1) (c).

SB40-CSA1,1332,17 (d) "Owner" has the meaning given in s. 341.65 (1) (am).

SB40-CSA1,1332,19 (e) "Parking enforcer" means a traffic officer or any other person who enforces nonmoving traffic violations and who is employed by a municipality or county.

SB40-CSA1,1332,23 (2) The governing body of any municipality or county may by ordinance provide for the immobilization or removal, impoundment, and disposal of vehicles owned by habitual parking violators as provided in this section. Any ordinance under this section shall do all of the following:

SB40-CSA1,1332,25 (a) Limit application of the ordinance to those motor vehicles for which all of the following apply:

SB40-CSA1,1333,5 1. The municipality or county has cited the owner of the motor vehicle for 3 or more nonmoving traffic violations that, at the time of the vehicle's immobilization or removal, occurred more than 28 days previously and for which the owner has neither paid the forfeiture for each of these violations nor scheduled an appearance in court in response to each of these citations.

SB40-CSA1,1333,10 2. a. The municipality or county has mailed to the last-known address of the owner at least one notice that specifies, for each citation counted under subd. 1., the date on which the citation was issued, the license number of the vehicle involved, the place where the citation may be paid, the amount of the forfeiture, and the means by which the citation may be contested.

SB40-CSA1,1333,17 b. The notice under subd. 2. a. shall also inform the owner that any motor vehicle owned by him or her may be immobilized with an immobilization device or removed and impounded if, within 28 days after the owner has received 3 or more citations and at the time the vehicle is immobilized or removed and impounded, the owner has not either paid the forfeiture for each violation that occurred more than 28 days previously or scheduled an appearance in court in response to each citation issued more than 28 days previously for which the forfeiture has not been paid.

SB40-CSA1,1333,19 c. The notice under this subdivision may be combined with any other notice provided by the municipality or county to the owner.

SB40-CSA1,1334,2 (b) Authorize any parking enforcer who discovers any motor vehicle to which par. (a) applies that is legally or illegally parked on any portion of the street, highway, or publicly owned or leased parking facility within the corporate limits of the municipality or county to cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable place of impoundment or both. Upon immobilization or removal of the motor vehicle, the parking enforcer shall follow the notification procedure specified in s. 341.65 (2) (b).

SB40-CSA1,1334,5 (c) Specify whether the municipality or county may contract with a 3rd party for the performance of services related to immobilization or removal of motor vehicles, which services shall be rendered only at the request of a parking enforcer.

SB40-CSA1,1334,7 (d) Provide for a reasonable removal fee, if any, that will be charged to remove an immobilization device placed on a vehicle under this section.

SB40-CSA1,1334,10 (e) Provide for the recovery of reasonable towing or storage charges associated with the removal or impoundment of a vehicle, and of reasonable charges associated with disposal of a vehicle, under this section.

SB40-CSA1,1334,14 (f) Require that, if the motor vehicle is immobilized, the parking enforcer or a 3rd party contractor place in a highly visible location and a reasonably secure manner on the vehicle, at the time of immobilization, a written notice that does all of the following:

SB40-CSA1,1334,16 1. Warns any driver of the vehicle that the immobilization device has been placed on the vehicle.

SB40-CSA1,1334,19 2. Either provides all of the information specified in par. (a) 2. a. or provides a telephone number at which an individual is available to provide such information 24 hours a day.

SB40-CSA1,1334,21 3. States the amount of the removal fee under par. (d), if any, that is in addition to any amount required to be paid as specified in the notice under par. (a) 2. a.

SB40-CSA1,1335,2 (g) If the motor vehicle is immobilized in a time-limited, legal parking space, prohibit the municipality or county from issuing, after the vehicle's immobilization, any citation for a nonmoving traffic violation for the vehicle within the first 4 hours after the vehicle is immobilized and during any hours in which the municipal court or clerk's office of the circuit court that would be contacted to arrange an appearance for purposes of sub. (3) (b) is not open for regular business.

SB40-CSA1,1335,7 (h) If the motor vehicle is immobilized, require the municipality or county, or a 3rd party contractor, to remove, or provide sufficient information to allow the vehicle owner to remove, the immobilization device without undue delay, not to exceed 3 hours, after receiving notice that the person has satisfied the requirements for release of the motor vehicle under sub. (3) (b).

SB40-CSA1,1335,10 (3) (a) Any motor vehicle immobilized or impounded as provided in sub. (2) shall remain immobilized or impounded until lawfully claimed or disposed of as provided in this subsection and sub. (5).

SB40-CSA1,1335,16 (b) The owner of a motor vehicle that is immobilized under sub. (2) may secure release of the motor vehicle by paying any removal fee specified in sub. (2) (d) and either paying all forfeitures specified in each notice under sub. (2) (a) 2. a. for citations counted under sub. (2) (a) 1. or scheduling an appearance in court in response to all citations counted under sub. (2) (a) 1. for which the forfeitures have not been paid.

SB40-CSA1,1335,22 (c) The owner of a motor vehicle that is removed and impounded under sub. (2) may secure release of the motor vehicle by paying any charges specified in sub. (2) (e) and either paying all forfeitures specified in the notice under sub. (2) (a) 2. a. for citations counted under sub. (2) (a) 1. or scheduling an appearance in court in response to all citations counted under sub. (2) (a) 1. for which the forfeitures have not been paid.

SB40-CSA1,1336,9 (d) If an owner secures release of a motor vehicle under par. (b) or (c) by scheduling an appearance in court and thereafter fails to appear or fails to comply with any court order with respect to any citation counted under sub. (2) (a) 1. for which the forfeiture has not been fully paid, including failure to satisfy in full any court-ordered payment plan or other agreement approved by the court, the court may order a law enforcement officer, or an authorized employee or contractor of the municipality or county, to immobilize the motor vehicle involved in the nonmoving traffic violations or the municipality or county may cause the motor vehicle to be immobilized or removed and impounded as provided under sub. (2). If the court orders the motor vehicle immobilized, upon compliance with the court order, the court shall order a law enforcement officer, or an authorized employee or contractor of the municipality or county, to remove the immobilization device.

SB40-CSA1,1336,15 (e) Notwithstanding par. (a), if any motor vehicle immobilized or impounded is an unregistered motor vehicle for purposes of s. 341.65 or an abandoned motor vehicle for purposes of s. 342.40, the municipality or county may take any action authorized under s. 341.65 or 342.40. Any vehicle immobilized under this section for longer than the period specified in s. 342.40 (1m) shall be considered abandoned for purposes of s. 342.40.

SB40-CSA1,1336,20 (4) The owner of any motor vehicle immobilized or removed and impounded as provided under this section is responsible for all charges associated with immobilizing, removing, impounding, and disposing of the motor vehicle, as provided under sub. (2) (d) and (e). Charges not recovered from the sale of the motor vehicle may be recovered in a civil action by the municipality or county against the owner.

SB40-CSA1,1337,4 (5) The procedures and provisions of s. 341.65 (2) (f) to (h) shall apply with respect to the impoundment and disposal of motor vehicles authorized to be removed, impounded, and disposed of under this section to the same extent as these provisions apply to the impoundment and disposal of unregistered motor vehicles that are removed under authority of s. 341.65, except that reclamation of the motor vehicle by the owner requires compliance with sub. (3) rather than s. 341.65 (2) (e). The provisions of s. 349.13 (5) (b) shall apply with respect to vehicles removed or stored under this section to the same extent as these provisions apply with respect to vehicles removed or stored under authority of s. 349.13.

SB40-CSA1,1337,9 (6) Any ordinance enacted under this section permitting immobilization of a motor vehicle may prohibit any person from removing, disconnecting, tampering with, or otherwise circumventing the operation of an immobilization device installed under this section except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization device.

SB40-CSA1,1337,11 (7) Section 349.137 does not apply to the use of motor vehicle immobilization devices under this section.

SB40-CSA1, s. 3436 Section 3436. 349.19 of the statutes is amended to read:

SB40-CSA1,1337,22 349.19 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-CSA1, s. 3437 Section 3437. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:

SB40-CSA1,1338,18 350.055 (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-CSA1,1338,23 (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-CSA1, s. 3449 Section 3449. 440.03 (9) (intro.) of the statutes is renumbered 440.03 (9) (a) (intro.) and amended to read:

SB40-CSA1,1339,5 440.03 (9) (a) (intro.) The Subject to pars. (b) and (c), the department shall include all of the following with each biennial budget request that it makes under s. 16.42, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

SB40-CSA1, s. 3450 Section 3450. 440.03 (9) (a) of the statutes is renumbered 440.03 (9) (a) 1. and amended to read:

SB40-CSA1,1339,11 440.03 (9) (a) 1. A recalculation of Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480 and that are included in the budget request.

SB40-CSA1, s. 3451 Section 3451. 440.03 (9) (b) of the statutes is renumbered 440.03 (9) (a) 2. and amended to read:

SB40-CSA1,1340,5 440.03 (9) (a) 2. A recommended change to Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium 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, subject to s. 440.08 (2) (a), for a credential renewal, if the change an adjustment 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 during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB40-CSA1,1340,8 (b) 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-CSA1, s. 3452 Section 3452. 440.03 (9) (c) of the statutes is created to read:

SB40-CSA1,1340,12 440.03 (9) (c) The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1).

SB40-CSA1, s. 3453 Section 3453. 440.03 (9) (d) of the statutes is created to read:

SB40-CSA1,1340,24 440.03 (9) (d) Not later than 14 days after completing proposed fee adjustments under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet Web site and in credential renewal notices sent to affected credential holders under s. 440.08 (1).

SB40-CSA1, s. 3454 Section 3454. 440.03 (11m) (am) of the statutes is amended to read:

SB40-CSA1,1341,6 440.03 (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-CSA1, s. 3455 Section 3455. 440.03 (11m) (c) of the statutes is amended to read:

SB40-CSA1,1341,13 440.03 (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-CSA1, s. 3456 Section 3456. 440.03 (12m) of the statutes is amended to read:

SB40-CSA1,1341,20 440.03 (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-CSA1, s. 3458 Section 3458. 440.03 (14) (a) 1. c. of the statutes is amended to read:

SB40-CSA1,1341,25 440.03 (14) (a) 1. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 1. a.

SB40-CSA1, s. 3459 Section 3459. 440.03 (14) (a) 2. c. of the statutes is amended to read:

SB40-CSA1,1342,5 440.03 (14) (a) 2. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 2. a.

SB40-CSA1, s. 3460 Section 3460. 440.03 (14) (a) 3. c. of the statutes is amended to read:

SB40-CSA1,1342,10 440.03 (14) (a) 3. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 3. a.

SB40-CSA1, s. 3461 Section 3461. 440.03 (14) (am) of the statutes is amended to read:

SB40-CSA1,1342,22 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB40-CSA1, s. 3462 Section 3462. 440.03 (14) (c) of the statutes is amended to read:

SB40-CSA1,1343,5 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB40-CSA1, s. 3462q Section 3462q. 440.05 (intro.) of the statutes is amended to read:

SB40-CSA1,1343,9 440.05 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-CSA1, s. 3463 Section 3463. 440.05 (1) (a) of the statutes is amended to read:

SB40-CSA1,1343,14 440.05 (1) (a) Initial credential: $53 An amount determined by the department under s. 440.03 (9) (a). Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.

SB40-CSA1, s. 3464 Section 3464. 440.05 (2) of the statutes is amended to read:

SB40-CSA1,1343,21 440.05 (2) Reciprocal credential, including any credential described in s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and, if an examination is required, an examination fee under sub. (1).

SB40-CSA1, s. 3465L Section 3465L. 440.08 (2) (a) (intro.) and 1. to 27m. of the statutes are amended to read:

SB40-CSA1,1344,3 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), the renewal dates and renewal fees for credentials are as follows:

SB40-CSA1,1344,4 1. Accountant, certified public: December 15 of each odd-numbered year; $59.

SB40-CSA1,1344,6 3. Accounting corporation or partnership: December 15 of each odd-numbered year; $56.