AB768: Bill Text

AB768, s. 508 Section 508. 302.11 (2) (c) of the statutes is amended to read:

AB768,247,24 302.11 (2) (c) No extension under this section subsection may require the inmate to serve more days in prison than provided for under the sentence.

AB768, s. 509 Section 509. 302.11 (7) (b) of the statutes is amended to read:

AB768,248,8 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) may be extended in accordance with sub. subs. (1q) and (2).

AB768, s. 510 Section 510. 302.43 of the statutes is amended to read:

AB768,248,21 302.43 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).

AB768, s. 511 Section 511. 303.07 (3) of the statutes is amended to read:

AB768,249,5 303.07 (3) Each prisoner serving a sentence under this section who could have been sentenced to a state prison is subject to s. 302.11 (1), (1g) , (1q) and (2). Each prisoner serving such a sentence may be transferred to a state prison upon recommendation of the superintendent and approval of the department. The county board may, pursuant to its regulations approved by the department, extend to all other prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in the Wisconsin state prisons.

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

AB768,249,21 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2) (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB768, s. 513 Section 513. 343.305 (6) (e) of the statutes is created to read:

AB768,249,24 343.305 (6) (e) 1. In this paragraph, "department" means the department of health and family services.

AB768,250,3 2. In addition to any other information required by the department, an application for a permit or laboratory approval under par. (a) shall include the following:

AB768,250,4 a. In the case of an individual, the individual's social security number.

AB768,250,6 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768,250,9 3. a. The department shall deny an application for the issuance or, if applicable, an application for the renewal of a permit or laboratory approval if the information required under subd. 2. a. or b. is not included in the application.

AB768,250,12 b. The department may not disclose any information received under subd. 2. a. or b. except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,250,21 4. The department 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, s. 514 Section 514. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) (intro.) and amended to read:

AB768,251,2 343.61 (2) (a) (intro.) 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, s. 515 Section 515. 343.61 (2) (a) 1. and 2. of the statutes are created to read:

AB768,251,5 343.61 (2) (a) 1. In the case of an individual, the individual's social security number.

AB768,251,7 2. In the case of a person who is not an individual, the person's federal employer identification number.

AB768, s. 516 Section 516. 343.61 (2) (b) of the statutes is created to read:

AB768,251,11 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 517 Section 517. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

AB768,251,17 343.62 (2) (a) Application for an instructor's 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 individual's social security number.

AB768, s. 518 Section 518. 343.62 (2) (b) of the statutes is created to read:

AB768,251,21 343.62 (2) (b) The department of transportation may not disclose any social security number received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 519 Section 519. 343.64 of the statutes is renumbered 343.64 (1).

AB768, s. 520 Section 520. 343.64 (2) of the statutes is created to read:

AB768,252,3 343.64 (2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1. or 2.

AB768, s. 521 Section 521. 343.65 of the statutes is renumbered 343.65 (1).

AB768, s. 522 Section 522. 343.65 (2) of the statutes is created to read:

AB768,252,8 343.65 (2) The secretary shall deny the application of any person for an instructor's license if the applicant fails to provide the social security number required under s. 343.62 (2) (a).

AB768, s. 523 Section 523. 343.66 (6) of the statutes is amended to read:

AB768,252,11 343.66 (6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (7) (1) (g).

AB768, s. 524 Section 524. 343.662 of the statutes is created to read:

AB768,252,21 343.662 Denial or revocation of driver school license. The secretary shall deny an application for the issuance or renewal of a driver school license issued under s. 343.61, or revoke a driver school license already issued under s. 343.61, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom a driver school license is not issued or renewed, or a licensee whose driver school license is revoked, under this section 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 subchapter.

AB768, s. 525 Section 525. 343.672 of the statutes is created to read:

AB768,253,6 343.672 Denial or revocation of instructor's license. The secretary shall deny an application for the issuance or renewal of an instructor's license issued under s. 343.62, or revoke an instructor's license already issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An applicant for whom an instructor's license is not issued or renewed, or a licensee whose instructor's license is revoked, under this section 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 subchapter.

AB768, s. 526 Section 526. 343.68 of the statutes is amended to read:

AB768,253,11 343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.662 and 343.672, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by ss. 343.64 to 343.72 occurring during any prior license period.

AB768, s. 527 Section 527. 343.69 of the statutes is amended to read:

AB768,253,20 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials or revocations of licenses under s. 343.662 or 343.672.

AB768, s. 528 Section 528. 348.27 (9m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,254,6 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.

AB768, s. 529 Section 529. 350.12 (3j) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,254,12 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10 $12.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and is valid for one year.

AB768, s. 530 Section 530. 350.12 (3j) (e) of the statutes is created to read:

AB768,254,16 350.12 (3j) (e) 1. The department may appoint any person who is not an employe of the department as the department's agent to issue trail use stickers and collect the fees for these stickers.

AB768,254,20 2. Any person, including the department, who issues a trail use sticker shall collect in addition to the fee under par. (b) an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the sticker.

AB768,254,23 3. The department shall establish by rule, procedures for issuing trail use stickers, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

AB768, s. 531 Section 531. 350.12 (3m) (a) of the statutes is amended to read:

AB768,255,4 350.12 (3m) (a) Deposited in the conservation fund. All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under s. 25.29 (1m).

AB768, s. 532 Section 532. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and amended to read:

AB768,255,13 73.0301 (1) (c) "Liable for delinquent taxes" means that a person has been finally determined by the department of revenue to be delinquent in the payment of taxes, including penalties, interest, fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and, with respect to a person who applies for or holds a license, the person remains delinquent in the payment of those taxes at the time the department requests that a request for a certification is made under s. 440.08 (2r) of liability for delinquent taxes sub. (2) (a) 1. or 2.

AB768, s. 533 Section 533. 440.03 (7) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,255,22 440.03 (7) The department shall establish the style, content and format of all credentials and of all forms for applying for any credential issued or renewed under chs. 440 to 480. When establishing the format of credential renewal application forms, the department shall provide a place on the form for the information required under s. 440.08 (2g) (b) 440.12 (2). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

AB768, s. 534 Section 534. 440.03 (12) of the statutes is repealed.

AB768, s. 535 Section 535. 440.08 (2) (c) of the statutes is amended to read:

AB768,256,4 440.08 (2) (c) Renewal applications shall be submitted to the department on a form provided by the department that complies with sub. (2g) s. 440.12 (2) and, except as provided in sub. (3), shall include the applicable renewal fee specified in pars. (a) and (b).

AB768, s. 536 Section 536. 440.08 (2g) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB768, s. 537 Section 537. 440.08 (2r) of the statutes is repealed.

AB768, s. 538 Section 538. 440.08 (4) (b) of the statutes is repealed and recreated to read:

AB768,256,10 440.08 (4) (b) Applicability. This subsection does not apply to a denial of a credential renewal under s. 440.12 (4) (a) or (b).

AB768, s. 539 Section 539. 440.12 of the statutes is created to read:

AB768,256,13 440.12 Credential denial, nonrenewal and revocation based on tax delinquency. (1) In this section:

AB768,256,15 (a) "Credentialing board" means an examining board or an affiliated credentialing board in the department.

AB768,256,16 (b) "Liable for delinquent taxes" has the meaning given in s. 73.0301 (1) (c).

AB768,256,24 (2) An applicant for an initial credential granted by the department or a credentialing board, or for renewal of any credential granted under chs. 440 to 480, or for reinstatement of a license under s. 452.12 (6) (e), shall provide on the application form his or her social security number or, if the applicant is not an individual, the applicant's federal employer identification number. No social security number obtained under this subsection may be disclosed to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,257,2 (4) Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall:

AB768,257,5 (a) Deny an application for an initial credential and deny an application for credential renewal, or for reinstatement of a license under s. 452.12 (6) (e), if the applicant does not provide the information specified in sub. (2).

AB768,257,8 (b) Deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes.

AB768, s. 540 Section 540. 441.07 (2) of the statutes is amended to read:

AB768,257,12 441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 541 Section 541. 442.12 (7) of the statutes is amended to read:

AB768,257,18 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is revoked under s. 440.12 (4) (b).

AB768, s. 542 Section 542. 443.11 (6) of the statutes is amended to read:

AB768,258,4 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12 (4) (b), providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

AB768, s. 543 Section 543. 443.12 (4) of the statutes is amended to read:

AB768,258,9 443.12 (4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under s. 440.12 (4) (b).

AB768, s. 544 Section 544. 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

AB768,258,16 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is revoked under s. 440.12 (4) (b).

AB768, s. 545 Section 545. 446.05 (2) of the statutes is amended to read:

AB768,258,21 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4) (b).

AB768, s. 546 Section 546. 447.07 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB768,259,2 447.07 (5) The examining board may reinstate a license or certificate that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12 (4) (b).

AB768, s. 547 Section 547. 449.07 (3) of the statutes is amended to read: