SB557: Bill Text

SB557,18,6 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which that is in accordance with the requirements of 49 USC 31301 to 31317, or by Canada or Mexico, and which that authorizes the licensee to operate certain commercial motor vehicles.

Note: The underscored comma was deleted by 2003 Wis. Act 33 without being shown as stricken. No change was intended.

SB557, s. 46 Section 46. The treatment of 343.23 (2) (b) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective September 30, 2005, s. 343.23 (2) (b) reads:

(b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

SB557, s. 47 Section 47. The treatment of 814.634 (1) (a) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 814.634 (1) (a) reads:

(a) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

SB557, s. 48 Section 48. The treatment of 814.65 (1) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective July 1, 2004, s. 814.65 (1) reads:

(1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

SB557, s. 49 Section 49. 895.225 (2) of the statutes, as created by 2003 Wisconsin Act 56, is amended to read:

SB557,19,8 895.225 (2) The chief officials of local governments and the people of the state are invited either to join and participate in the observances, ceremonies, exercises, and activities under sub. (1) which that may be held under state auspices or to conduct similar observances in their respective localities.

Note: Corrects grammar.

SB557, s. 50 Section 50. 943.203 (4) of the statutes, as created by 2003 Wisconsin Act 36, is amended to read:

SB557,20,5 943.203 (4) If an entity reports to a law enforcement agency for the jurisdiction in which the entity is located that personal identifying information or a personal identifying an identification document belonging to the entity reasonably appears to be in the possession of another in violation of this section or that another has used or has attempted to use it in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the entity which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the entity that made the request, subject to payment of any reasonable fee for the copy.

Note: Corrects terms consistent with the defined terms contained in s. 943.203 (1) (b) and (c).

SB557, s. 51 Section 51. 961.41 (2) (bm) (title) of the statutes is created to read:

SB557,20,7 961.41 (2) (bm) (title) Counterfeit of phencyclidine and certain other drugs.

Note: Adds title because other paragraphs in s. 961.41 (2) have titles.

SB557, s. 52 Section 52. The treatment of 973.015 (1) (a) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 50. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective September 30, 2005, s. 973.015 (1) (a) reads:

(a) Subject to par. (b), when a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB557, s. 53 Section 53. 2003 Wisconsin Act 33, section 473 is amended by replacing "section 9124 (2) (a), and for the costs of inspecting, licensing or certifying and approving facilities" with "section 9124 (2) (a), and for the costs of inspecting, licensing or certifying and approving facilities".

Note: 2003 Wis. Act 33, section 473, inserted "or certifying" without showing it as underscored. The insertion was intended.

SB557, s. 54 Section 54. 2003 Wisconsin Act 33, section 1620, is amended by replacing "applies in specific situations." with "applies in specific situations.".

Note: The underscored "specific situations." was preexisting text. No change was intended.

SB557, s. 55 Section 55. 2003 Wisconsin Act 33, section 2095rj is amended by replacing "from health care providers other than hospitals and ambulatory surgery centers" with "from health care providers other than hospitals and ambulatory surgery centers".

Note: 2003 Wis. Act 33, section 2095rj, inserted "from health care providers" without showing it as underscored. The insertion was intended.

SB557, s. 56 Section 56. 2003 Wisconsin Act 33, section 2752 is amended by replacing "973.015 of the statutes is amended to read:" with "973.015 (1) of the statutes is amended to read:".

Note: 2003 Wis. Act 33, section 2752, amended s. 973.015 (1) only.

SB557, s. 57 Section 57. 2003 Wisconsin Act 48, section 10 is amended by replacing "[1997 Wisconsin Act 27] Section 9456 (3m) (a) The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), section 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.43 (2) (ag) 1. and (e)," with "[1997 Wisconsin Act 27] Section 9456 (3m) (a) The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), section 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.),".

Note: 2001 Wis. Act 16, section 4041b, amended 1997 Wis. Act 27, section 9456 (3m), removing the reference to s. 59.43 (2) (ag) 1. and (e).

SB557, s. 58 Section 58. Effective date. This act takes effect on the day after publication, except as follows:

SB557,21,21 (1) The treatment of sections 16.415 (1), 20.907 (5) (e) 12r., 25.19 (3), 34.045 (1) (b) of the statutes and the amendment of section 20.835 (1) (d) of the statutes take effect on July 1, 2004.

SB557,22,2 (2) The treatment of section 340.01 (7m) of the statutes takes effect on September 30, 2005.

SB557,22,3 (End)