SB44: Bill Text

SB44, s. 2499 Section 2499. 301.26 (7) (h) of the statutes is amended to read:

SB44,964,13 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2001 2003, $2,124,800 in 2002 2004, and $1,062,400 in the first 6 months of 2003 2005 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

SB44, s. 2500 Section 2500. 301.26 (8) of the statutes is amended to read:

SB44,964,18 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2001 2003, $1,333,400 in 2002 2004, and $666,700 in the first 6 months of 2003 2005 for alcohol and other drug abuse treatment programs.

SB44, s. 2501 Section 2501. 302.01 (1) (d) of the statutes is amended to read:

SB44,964,21 302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).

SB44, s. 2502 Section 2502. 302.045 (title) of the statutes is amended to read:

SB44,964,23 302.045 (title) Challenge incarceration program for youthful offenders.

SB44, s. 2503 Section 2503. 302.045 (1) of the statutes is amended to read:

SB44,965,12 302.045 (1) Program. The department shall provide a challenge incarceration program for inmates selected to participate under sub. (2). The program shall provide participants with strenuous physical exercise, manual labor, personal development counseling, substance abuse treatment and education, military drill and ceremony and, counseling, and strenuous physical exercise, for participants who have not attained the age of 30 as of the date on which they begin participating in the program, or age-appropriate strenuous physical exercise, for all other participants, in preparation for release on parole or extended supervision. The department shall design the program to include not less than 50 participants at a time and so that a participant may complete the program in not more than 180 days. The department may restrict participant privileges as necessary to maintain discipline.

SB44, s. 2504 Section 2504. 302.045 (2) (b) of the statutes is amended to read:

SB44,965,15 302.045 (2) (b) The inmate has not attained the age of 30, 40 as of the date the inmate will begin participating in the program.

SB44, s. 2505 Section 2505. 302.05 (3) of the statutes is created to read:

SB44,965,18 302.05 (3) (a) In this subsection, "eligible inmate" means an inmate to whom all of the following apply:

SB44,965,21 1. The inmate is incarcerated regarding a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095.

SB44,965,24 2. If the inmate is serving a bifurcated sentence imposed under s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g) that the inmate is eligible to participate in the earned release program described in this subsection.

SB44,966,7 (b) Except as provided in par. (d), if the department determines that an eligible inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served. If the parole commission grants parole under this paragraph, it shall require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

SB44,966,12 (c) 1. Except as provided in par. (d), if the department determines that an eligible inmate serving the term of confinement in prison portion of a bifurcated sentence imposed under s. 973.01 has successfully completed the treatment program described in sub. (1), the department shall inform the court that sentenced the inmate.

SB44,966,16 2. Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

SB44,966,20 a. The court shall reduce the term of confinement in prison portion of the inmate's bifurcated sentence in a manner that provides for the release of the inmate to extended supervision within 30 days of the date on which the court receives the information from the department under subd. 1.

SB44,966,22 b. The court shall lengthen the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

SB44,966,25 (d) The department may place intensive sanctions program participants in the treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

SB44,967,12 (e) If an inmate is serving the term of confinement portion of a bifurcated sentence imposed under s. 973.01, the sentence was imposed before the effective date of this paragraph .... [revisor inserts date], and the inmate satisfies the criteria under par. (a) 1., the inmate may, with the department's approval, petition the sentencing court to determine whether he or she is eligible or ineligible to participate in the earned release program under this subsection during the term of confinement. The inmate shall serve a copy of the petition on the district attorney who prosecuted him or her, and the district attorney may file a written response. The court shall exercise its discretion in granting or denying the inmate's petition but must do so no later than 90 days after the inmate files the petition. If the court determines under this paragraph that the inmate is eligible to participate in the earned release program, the court shall inform the inmate of the provisions of par. (c).

SB44, s. 2506 Section 2506. 302.113 (2) of the statutes is amended to read:

SB44,967,18 302.113 (2) Except as provided in subs. (3) and (9), an inmate subject to this section is entitled to release to extended supervision after he or she has served the term of confinement in prison portion of the sentence imposed under s. 973.01, as modified by the sentencing court under sub. (9g) or s. 302.045 (3m) (b) 1., 302.05 (3) (c) 2. a., or 973.195 (1r), if applicable.

SB44, s. 2507 Section 2507. 303.066 of the statutes is repealed.

SB44, s. 2508 Section 2508. 304.06 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,968,11 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), 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) (c) or 973.014 (1) (b) or (c), (1g) or (2), 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 under s. 302.11 (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.

SB44, s. 2509 Section 2509. 304.073 of the statutes is repealed.

SB44, s. 2510 Section 2510. 304.074 (1) of the statutes is repealed.

SB44, s. 2511 Section 2511. 304.074 (4) of the statutes is repealed.

SB44, s. 2512 Section 2512. 340.01 (7m) of the statutes is amended to read:

SB44,968,21 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 31301 to 31317, and the federal Motor Carrier Safety Improvement Act of 1999, P.L. 106-159, or by Canada or Mexico, and which authorizes the licensee to operate certain commercial motor vehicles.

SB44, s. 2513 Section 2513. 340.01 (13m) of the statutes is amended to read:

SB44,969,2 340.01 (13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating a motor vehicle or while on duty time with respect to a commercial motor vehicle.

SB44, s. 2514 Section 2514. 340.01 (46m) (a) of the statutes is amended to read:

SB44,969,6 340.01 (46m) (a) If the person has one or no 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.1 0.08 or more.

SB44, s. 2515 Section 2515. 340.01 (46m) (b) of the statutes is repealed.

SB44, s. 2516 Section 2516. 341.25 (1) (a) of the statutes is amended to read:

SB44,969,11 341.25 (1) (a) For each automobile, a fee of $45 $55, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB44, s. 2517 Section 2517. 341.43 (2) of the statutes is amended to read:

SB44,969,19 341.43 (2) Any person feeling aggrieved by a notice under this section of additional assessment, refund or denial of refund may, within 30 days after the receipt of the notice, petition the department for a redetermination. A person feeling aggrieved by a redetermination may appeal to the office of the commissioner of tax appeals commission in the manner provided for appeals of tax determinations under s. 73.01 (5). If an appeal of a redetermination is not filed within the time period provided under s. 73.01 (5), the redetermination is final and conclusive.

SB44, s. 2518 Section 2518. 342.14 (1) of the statutes is amended to read:

SB44,969,22 342.14 (1) For filing an application for the first certificate of title, $8.50 $18.50, by the owner of the vehicle.

SB44, s. 2519 Section 2519. 342.14 (1r) of the statutes is amended to read:

SB44,970,2 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9 $10.50, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2003.

SB44, s. 2520 Section 2520. 342.14 (3) of the statutes is amended to read:

SB44,970,5 342.14 (3) For a certificate of title after a transfer, $8.50 $18.50, by the owner of the vehicle.

SB44, s. 2521 Section 2521. 343.02 (1) of the statutes is amended to read:

SB44,970,12 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317, and the federal Motor Carrier Safety Improvement Act of 1999, P.L. 106-159, and the regulations adopted under that act those acts.

SB44, s. 2522 Section 2522. 343.03 (1) (a) of the statutes is amended to read:

SB44,970,16 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 31301 to 31317 and 49 CFR 383 and any other applicable provision of federal law.

SB44, s. 2523 Section 2523. 343.03 (3) (a) of the statutes is amended to read:

SB44,970,25 343.03 (3) (a) Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44, s. 2524 Section 2524. 343.03 (3) (e) of the statutes is amended to read:

SB44,971,10 343.03 (3) (e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". Licenses No license may be issued under s. 343.10 authorizing the operation of "Class A", "Class B" or "Class C" vehicles shall be labeled "CDL-Occupational". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44, s. 6m Section 6m. 343.03 (5) (title) of the statutes is amended to read:

SB44,971,12 343.03 (5) (title) Inquiries before issuance or renewal.

SB44, s. 2525 Section 2525. 343.03 (5) of the statutes is renumbered 343.03 (5) (a) and amended to read:

SB44,971,21 343.03 (5) (a) Before issuing a or renewing any license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.

SB44, s. 2526 Section 2526. 343.03 (5) (b) of the statutes is created to read:

SB44,972,2 343.03 (5) (b) 1. Before issuing or renewing a commercial driver license, the department shall, within the time period specified in 49 CFR 384.232, request from any other state that has issued an operator's license or commercial driver license to the person within the previous 10 years the complete driving record of the person.

SB44,972,8 2. Subdivision 1. does not apply to a renewal of a person's commercial driver license if the department has previously issued a renewal of the commercial driver license after the effective date of this subdivision .... [revisor inserts date], and, in connection with the previous renewal, the department recorded on the person's driving record under s. 343.23 (2) (a) the date on which the operator's record check under subd. 1. was performed.

SB44, s. 2527 Section 2527. 343.03 (6) of the statutes is renumbered 343.03 (6) (a).

SB44, s. 2528 Section 2528. 343.03 (6) (b) of the statutes is created to read:

SB44,972,13 343.03 (6) (b) The department shall, upon request and within 30 days of the request, provide to the driver licensing agencies of other states the complete driving record of any person currently or previously licensed by the department.

SB44, s. 2529 Section 2529. 343.03 (6) (c) of the statutes is created to read:

SB44,972,17 343.03 (6) (c) 1. The department shall, upon request and within the time period specified in s. 343.23 (2) (am) 2. and 4., provide the operating record file information specified in s. 343.23 (2) (am) 2. and 4. to any of the following requesters:

SB44,972,18 a. The person holding the commercial driver license.

SB44,972,19 b. The U.S. secretary of transportation.

SB44,972,21 c. Any employer or prospective employer of the person holding the commercial driver license, after notice to such person.

SB44,972,22 d. Any driver licensing agency of another state or law enforcement agency.

SB44,972,24 e. Any governmental entity having access to the commercial driver license information system.

SB44,972,25 f. Any authorized agent of a requester specified in subd. 1. a. to e.

SB44,973,3 2. The department shall not provide the operating record file information specified in s. 343.23 (2) (am) 2. and 4. to any requester other than those specified in subd. 1.

SB44, s. 2530 Section 2530. 343.03 (7) (title) of the statutes is amended to read:

SB44,973,6 343.03 (7) (title) Notification of commercial driver license issuance and certain violations.

SB44, s. 2531 Section 2531. 343.03 (7) of the statutes is renumbered 343.03 (7) (a).

SB44, s. 2532 Section 2532. 343.03 (7) (b) of the statutes is created to read:

SB44,973,16 343.03 (7) (b) Within 10 days after the disqualification of the holder of a commercial driver license from operating a commercial motor vehicle for at least 60 days, or after the revocation, suspension, or cancellation of a commercial driver license for at least 60 days, the department shall notify the commercial driver license information system and, if the license was not issued by the department, the state that issued the license of the disqualification, revocation, suspension, or cancellation and the violation that resulted in the disqualification, revocation, suspension, or cancellation.

SB44, s. 2533 Section 2533. 343.03 (7) (c) of the statutes is created to read:

SB44,973,25 343.03 (7) (c) Within 30 days after a conviction of the holder of a commercial driver license issued by another state for violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another state, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the state that issued the license of the conviction.

SB44, s. 2534 Section 2534. 343.03 (7) (c) of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,974,10 343.03 (7) (c) Within 30 10 days after a conviction of the holder of a commercial driver license issued by another state for violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another state, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the state that issued the license of the conviction.

SB44, s. 2535 Section 2535. 343.06 (2) of the statutes is amended to read:

SB44,974,19 343.06 (2) The department shall not issue a commercial driver license, including a renewal, occupational, or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987, or to any person whose operator's license or operating privilege is revoked, suspended, or canceled. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315.

SB44, s. 2536 Section 2536. 343.07 (1m) (intro.) of the statutes is amended to read:

SB44,975,10 343.07 (1m) Commercial motor vehicle and school bus instruction permits; issuance, restrictions. (intro.) Upon application therefor by a person at least 18 years of age who holds a valid operator's license issued under this chapter and who, except for lack of training in the operation of a commercial motor vehicle or school bus, is qualified to obtain authorization for the operation of such vehicle including having passed the applicable knowledge tests, the department may issue an instruction permit for commercial motor vehicle or school bus operation or a combination instruction permit. A permit limited to commercial motor vehicle instructional operation entitles the permittee to operate only a commercial motor vehicle other than a school bus upon the highways. A permit limited to school bus instructional operation entitles the permittee to operate only a school bus that is not a commercial motor vehicle upon the highways. Both A combination commercial motor vehicle and school bus instruction permit entitles the permittee to operate a school bus that is a commercial motor vehicle upon the highways. These permits are subject to the following restrictions:

SB44, s. 2537 Section 2537. 343.10 (1) (b) of the statutes is amended to read: