Amendment ASA1-AB40

AB40-ASA1,2152 Section 2152. 301.32 (3) (b) of the statutes is repealed.

AB40-ASA1,2153 Section 2153. 301.32 (3) (c) of the statutes is repealed.

AB40-ASA1,2154 Section 2154. 302.04 of the statutes is amended to read:

AB40-ASA1,1137,13 302.04 Duties of warden and superintendents. Except as provided in s. ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB40-ASA1,2155 Section 2155. 302.12 (2) of the statutes is amended to read:

AB40-ASA1,1137,22 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB40-ASA1,2156 Section 2156. 302.13 of the statutes is amended to read:

AB40-ASA1,1138,5 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB40-ASA1,2157 Section 2157. 302.43 of the statutes is amended to read:

AB40-ASA1,1138,22 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (j) 165.95 (9) and (10).

AB40-ASA1,2158 Section 2158. 304.075 of the statutes is repealed.

AB40-ASA1,2159 Section 2159. 321.40 (5) (c) of the statutes is amended to read:

AB40-ASA1,1139,2 321.40 (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).

AB40-ASA1,2160 Section 2160. 321.42 (1) (b) of the statutes is amended to read:

AB40-ASA1,1139,9 321.42 (1) (b) The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.455 (1) (b) 20.505 (1) (d). If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.

AB40-ASA1,2161 Section 2161. 321.60 (1) (a) 12. of the statutes is amended to read:

AB40-ASA1,1139,14 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

AB40-ASA1,2163g Section 2163g. 323.42 (3) of the statutes is amended to read:

AB40-ASA1,1139,18 323.42 (3) The Except as provided in sub. (4), any reimbursement under this section sub. (1) or (2) shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.

AB40-ASA1,2163r Section 2163r. 323.42 (4) of the statutes is created to read:

AB40-ASA1,1139,24 323.42 (4) Any reimbursement under sub. (1) or (2) for an amount for which a local unit of government is liable based on a worker's compensation claim under s. 323.40 (3) for an injury incurred before, on, or after the effective date of this subsection .... [LRB inserts date], shall be made from the appropriation in s. 20.465 (3) (am) upon approval of the adjutant general.

AB40-ASA1,2163t Section 2163t. 341.05 (24) of the statutes is amended to read:

AB40-ASA1,1140,2 341.05 (24) The vehicle is a golf cart being operated in accordance with s. 349.18 (1) (b) or (c) or (1m).

AB40-ASA1,2163u Section 2163u. 343.14 (2) (gh) of the statutes is created to read:

AB40-ASA1,1140,6 343.14 (2) (gh) A question as to whether the applicant wishes to designate an additional $2 to support the efforts of Donate Life Wisconsin for the purposes described under s. 250.17 (1).

AB40-ASA1,2163w Section 2163w. 343.21 (1) (o) of the statutes is created to read:

AB40-ASA1,1140,12 343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g).

AB40-ASA1,2163y Section 2163y. 343.50 (4) of the statutes is amended to read:

AB40-ASA1,1140,24 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (es), and (gh) and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. Except with respect to renewals described in s. 343.165 (4) (d) or renewals by mail or electronic means as authorized under sub. (6), and except as provided in sub. (4g), the department shall, as part of the application process for original issuance or renewal of an identification card, take a digital photograph including facial image capture of the applicant to comply with sub. (3). Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB40-ASA1,2164 Section 2164. 343.50 (8) (c) 3. of the statutes is renumbered 343.50 (8) (c) 5.

AB40-ASA1,2165 Section 2165. 343.50 (8) (c) 4. of the statutes is created to read:

AB40-ASA1,1141,7 343.50 (8) (c) 4. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in s. 343.14 (2), including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of s. 71.78.

AB40-ASA1,2165m Section 2165m. 346.655 (1) of the statutes is amended to read:

AB40-ASA1,1141,13 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $365 $435 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB40-ASA1,2165n Section 2165n. 346.655 (2) (a) of the statutes is amended to read:

AB40-ASA1,1141,18 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 40 49.7 percent of the amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB40-ASA1,2165o Section 2165o. 346.655 (2) (b) of the statutes is amended to read:

AB40-ASA1,1141,25 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 40 49.7 percent of the amount to the secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 60 50.3 percent of the amount to the treasurer of the county.

AB40-ASA1,2165t Section 2165t. 347.02 (1) (h) of the statutes is amended to read:

AB40-ASA1,1142,3 347.02 (1) (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c) or (1m).

AB40-ASA1,2166 Section 2166. 348.21 (3) (b) 1. b. of the statutes is amended to read:

AB40-ASA1,1142,6 348.21 (3) (b) 1. b. Two Three cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40-ASA1,2167 Section 2167. 348.21 (3) (b) 1. c. of the statutes is amended to read:

AB40-ASA1,1142,9 348.21 (3) (b) 1. c. Three Five cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.

AB40-ASA1,2168 Section 2168. 348.21 (3) (b) 1. d. of the statutes is amended to read:

AB40-ASA1,1142,12 348.21 (3) (b) 1. d. Five Eight cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40-ASA1,2169 Section 2169. 348.21 (3) (b) 1. e. of the statutes is amended to read:

AB40-ASA1,1142,15 348.21 (3) (b) 1. e. Seven Fifteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40-ASA1,2170 Section 2170. 348.21 (3) (b) 2. b. of the statutes is amended to read:

AB40-ASA1,1142,18 348.21 (3) (b) 2. b. Four Five cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40-ASA1,2171 Section 2171. 348.21 (3) (b) 2. c. of the statutes is amended to read:

AB40-ASA1,1142,21 348.21 (3) (b) 2. c. Six Eight cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds.

AB40-ASA1,2172 Section 2172. 348.21 (3) (b) 2. d. of the statutes is amended to read:

AB40-ASA1,1142,24 348.21 (3) (b) 2. d. Eight Twelve cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40-ASA1,2173 Section 2173. 348.21 (3) (b) 2. e. of the statutes is amended to read:

AB40-ASA1,1143,2 348.21 (3) (b) 2. e. Ten Eighteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40-ASA1,2175g Section 2175g. 348.27 (9) (a) 1. d. of the statutes is created to read:

AB40-ASA1,1143,6 348.27 (9) (a) 1. d. The transportation of raw forest products or lumber on any highway route specified in subd. 3. if the vehicle or combination of vehicles does not violate length or weight limitations under Michigan law.

AB40-ASA1,2175h Section 2175h. 348.27 (9) (a) 3. of the statutes is created to read:

AB40-ASA1,1143,8 348.27 (9) (a) 3. Subdivision 1. d. applies only on the following highway routes:

AB40-ASA1,1143,9 a. USH 2 in Florence County.

AB40-ASA1,1143,11 b. STH 77, from 2nd Avenue in the city of Hurley to Olson Road in the city of Mellen, in Iron and Ashland counties.

AB40-ASA1,1143,13 c. USH 51, from the USH 2/51 interchange north of the city of Hurley to Maple Ridge Road in the town of Mercer in Iron County.

AB40-ASA1,1143,15 d. USH 45, from the Wisconsin-Michigan border to Sunnyside Road south of the city of Antigo, in Vilas, Oneida, and Langlade counties.

AB40-ASA1,1143,17 e. STH 139, from the Wisconsin-Michigan border to USH 8, in Florence and Forest counties.

AB40-ASA1,1143,19 f. USH 8, from USH 45 to Ross Lake Road, in the town of Caswell, in Oneida and Forest counties.

AB40-ASA1,2175i Section 2175i. 348.27 (9) (d) of the statutes is created to read:

AB40-ASA1,1143,25 348.27 (9) (d) No later than July 1, 2018, the department shall prepare and submit a report under s. 13.172 (3) to the standing committees of the legislature with jurisdiction over transportation matters on the impact of par. (a) 1. d. and 3. The report shall include data on the number of permits issued, on any accidents involving permitted vehicles, and on the economic impacts of par. (a) 1. d. and 3.

AB40-ASA1,2175k Section 2175k. 349.18 (1m) of the statutes is created to read:

AB40-ASA1,1144,6 349.18 (1m) (a) Except as provided in par. (c), a municipality may, by ordinance, allow the operation of golf carts on any highway that has a speed limit of 25 miles per hour or less and that is located within the territorial boundaries of the municipality, regardless of whether the municipality has jurisdiction, for maintenance purposes, over the highway.

AB40-ASA1,1144,9 (b) Except as provided in par. (c), a county may, by ordinance, allow the operation of golf carts on any highway that has a speed limit of 25 miles per hour or less and that is under the jurisdiction, for maintenance purposes, of the county.

AB40-ASA1,1144,11 (c) An ordinance under this subsection may not allow the operation of golf carts on or across any state trunk highway or connecting highway.

AB40-ASA1,1144,13 (d) An ordinance under this subsection may include a definition of the term "golf cart."

AB40-ASA1,2175m Section 2175m. 350.12 (4) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1144,22 350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (5) (cb), (cr), (cs), and (cw) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and. The department may also obligate from the appropriation account under s. 20.866 (2) (ta) moneys for any of these purposes, except maintenance. Except as provided in par. (bd), the moneys shall be distributed as follows:

AB40-ASA1,2175n Section 2175n. 350.12 (4) (b) 1. of the statutes is amended to read:

AB40-ASA1,1145,11 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $250 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation projects may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.

AB40-ASA1,2175p Section 2175p. 350.12 (4) (bd) of the statutes is created to read:

AB40-ASA1,1145,16 350.12 (4) (bd) Match for stewardship funding. Moneys obligated from the appropriation account under s. 20.866 (2) (ta) for a project under par. (b) shall be limited to no more than 80 percent of the cost of the project. The county, city, village, or town receiving the aid is responsible for the remainder of the project cost.

AB40-ASA1,2175r Section 2175r. 350.12 (4) (bg) 1. of the statutes is amended to read:

AB40-ASA1,1145,24 350.12 (4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the department shall make available in fiscal year 2001-02 and each fiscal year thereafter an amount equal to the amount calculated for the applicable fiscal year under s. 25.29 (1) (d) 2. 25.29 (1) (d) 2m. b. or 3. b. to make payments to the department or a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

AB40-ASA1,2178d Section 2178d. 425.103 (2) (a) of the statutes is amended to read:

AB40-ASA1,1146,14 425.103 (2) (a) With respect to a transaction other than one pursuant to an open-end plan and except as provided in par. (am); if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained unpaid for more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment, within 40 days of its scheduled or deferred due date; if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or deferred due date; or, if the transaction is scheduled to be repaid in a single payment, to have all or any part of the payment unpaid for more than 40 days after its scheduled or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due;

AB40-ASA1,2178f Section 2178f. 425.103 (2) (am) of the statutes is created to read:

AB40-ASA1,1146,22 425.103 (2) (am) With respect to an installment loan not secured by a motor vehicle made by a licensee under s. 138.09 or 138.14; to have outstanding an amount of one full payment or more which has remained unpaid for more than 10 days after the scheduled or deferred due date. For purposes of this paragraph the amount outstanding shall not include any delinquency or deferral charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due;

AB40-ASA1,2179 Section 2179. 440.03 (7m) of the statutes is amended to read:

AB40-ASA1,1147,8 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and 480.08 (2m).

AB40-ASA1,2179g Section 2179g. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1147,13 440.03 (9) (a) (intro.) Subject to pars. (b) and (c), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and, except as provided in par. (e), for a credential renewal by doing all of the following: