OC7 SB2: Bill Text

SB2,46,8 (2) If the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, the secretary shall do all of the following:

SB2,46,15 (a) As soon as the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008.

SB2,46,21 (b) As soon as the department is ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of 2007 Wisconsin Act .... (this act) related to implementation of the federal REAL ID Act will become effective.

SB2, s. 2551m Section 2551m. 86.196 (6) of the statutes is created to read:

SB2,47,7 86.196 (6) Notwithstanding any eligibility criteria established under this section and rules promulgated under this section, the department shall install and maintain, on I 94 in Milwaukee County, 2 signs meeting the specifications under this section and rules promulgated under this section. One sign shall be viewable from the northbound lanes of I 94 and shall be located between Rawson Avenue and College Avenue. The other sign shall be viewable from the eastbound lanes of I 94 and shall be located in the proximity of the Waukesha County line. Both signs shall highlight lakefront attractions in the city of Milwaukee and shall include information about the Milwaukee Art Museum, the Betty Brinn Children's Museum, Discovery World, Summerfest, and the Milwaukee County War Memorial.

SB2, s. 25 Section 25. 86.30 (2) (a) 3. of the statutes is amended to read:

SB2,47,13 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,825 in calendar years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007, $1,956 in calendar year 2008, and $2,015 in calendar year 2009 and thereafter.

SB2, s. 26 Section 26. 86.30 (9) (b) of the statutes is amended to read:

SB2,47,20 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $90,044,600 in calendar years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007, $96,492,900 in calendar year 2008, and $99,387,700 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

SB2, s. 27 Section 27. 86.30 (9) (c) of the statutes is amended to read:

SB2,48,3 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $283,291,100 in calendar years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007, $303,578,100 in calendar year 2008, and $312,685,400 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

SB2, s. 28 Section 28. 86.31 (3g) of the statutes is amended to read:

SB2,48,11 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $5,381,300 in fiscal year 2007-08, and $5,515,800 in fiscal year 2008-09 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 29 Section 29. 86.31 (3m) of the statutes is amended to read:

SB2,48,19 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $768,700 in fiscal year 2007-08, and $788,000 in fiscal year 2008-09 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 30 Section 30. 86.31 (3r) of the statutes is amended to read:

SB2,49,2 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $1,025,000 in fiscal year 2007-08, and $1,050,600 in fiscal year 2008-09 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 2651g Section 2651g. 110.08 (1m) of the statutes is amended to read:

SB2,49,10 110.08 (1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in s. 343.01 (2) (dg) 340.01 (41k), in cooperation with the department.

SB2, s. 2651r Section 2651r. 110.08 (5) of the statutes is created to read:

SB2,49,21 110.08 (5) (a) Unless an alternative plan has been approved under par. (b), after the effective date of this paragraph .... [revisor inserts date], the department shall maintain a local examining center in each municipality in which a local examining center was located on December 1, 2006. If the department closed any local examining center in a municipality between December 1, 2006, and the effective date of this paragraph .... [revisor inserts date], and the department maintains no other local examining center in that municipality on the effective date of this paragraph .... [revisor inserts date], the department shall, as soon as possible, open a local examining center in that municipality. Any local examining center required to be opened under this paragraph may not be closed by the department.

SB2,50,7 (b) In lieu of maintaining or opening a local examining center in a municipality under par. (a), the department may submit to the joint committee on finance an alternative plan for providing services that would otherwise be provided at the local examining center in the municipality. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan as proposed. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may implement the plan only upon approval of the committee.

SB2, s. 31 Section 31. 110.09 of the statutes is created to read:

SB2,50,20 110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB2,51,2 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

SB2,51,4 (c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.

SB2,52,3 (2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

SB2, s. 32 Section 32. 110.20 (7) of the statutes is amended to read:

SB2,52,8 110.20 (7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub. (8) (bm), the vehicle may be inspected.

SB2, s. 33 Section 33. 110.20 (8) (title) of the statutes is amended to read:

SB2,52,10 110.20 (8) (title) Contractors and other inspection methods.

SB2, s. 34 Section 34. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20 (8) (am) 1., as renumbered, is amended to read:

SB2,52,24 110.20 (8) (am) 1. The emissions test and equipment inspection of nonexempt vehicles shall may be performed by persons under contract with the department. The Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5).

SB2, s. 35 Section 35. 110.20 (8) (am) 1m. of the statutes is created to read:

SB2,53,5 110.20 (8) (am) 1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par. (bm), than those used at inspection stations that are not self-service.

SB2, s. 36 Section 36. 110.20 (8) (bm) of the statutes is created to read:

SB2,53,16 110.20 (8) (bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.

SB2, s. 37 Section 37. 110.20 (9) (k) of the statutes is created to read:

SB2,53,19 110.20 (9) (k) Prescribe a procedure for any method for emissions testing and equipment inspection established under sub. (8) (bm).

SB2, s. 38 Section 38. 110.20 (10m) of the statutes is amended to read:

SB2,54,4 110.20 (10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by a contractor under sub. (8) (am), or at any other location where, as established under sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.

SB2, s. 39 Section 39. 110.20 (11) of the statutes is amended to read:

SB2,54,12 110.20 (11) Inspection tests; results. (a) The A contractor shall perform the tests required under the federal act, and any testing and inspection method established under sub. (8) (bm) shall include the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require the contractor contractors to provide information on the fuel efficiency of the motor vehicle.

SB2,54,22 (b) The department shall require the each contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. For emissions inspections not conducted by a contractor, the department shall require any testing and inspection method established under sub. (8) (bm) to include the contemporaneous furnishing of the results of the emissions inspection in writing to the person having the vehicle inspected. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.

SB2, s. 40 Section 40. 110.21 of the statutes is amended to read:

SB2,55,4 110.21 Education and training related to motor vehicle emissions. The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.

SB2, s. 2665g Section 2665g. 114.09 (title) of the statutes is amended to read:

SB2,55,6 114.09 (title) Reckless Intoxicated and reckless flying; penalty.

SB2, s. 2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

SB2,55,9 114.09 (1) (a) (intro.) In this subsection, "drug":

SB2,55,10 1. "Drug" has the meaning specified in s. 450.01 (10).

SB2, s. 2665j Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:

SB2,55,14 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00 if there is a passenger in the aircraft.

SB2, s. 2665L Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and amended to read:

SB2,55,23 114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor.

SB2,56,3 2. No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

SB2,56,6 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

SB2, s. 2665n Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:

SB2,56,9 114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground if the person has a prohibited alcohol concentration.

SB2, s. 2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

SB2,56,11 114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

SB2,56,13 1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

SB2,56,19 2. Except as provided in subd. 6., shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,2 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,9 4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,15 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,22 6. If there was a minor passenger under 16 years of age in the aircraft at the time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the applicable minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or 1m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under 16 years of age in the aircraft is a felony and the place of imprisonment shall be determined under s. 973.02.

SB2,57,24 7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under subd. 3. to 5. are doubled.

SB2,58,2 b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under subd. 3. to 5. are tripled.

SB2,58,4 c. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.

SB2,58,10 (b) In par. (a) 1. to 5., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation, or conviction under par. (a) 1. to 5.

SB2,58,17 (bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

SB2,58,24 a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that, if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB2,59,5 b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB2,59,12 c. Require a person who is referred to a treatment facility in another state under subd. 1. a. or b. to furnish the department written verification of his or her compliance from the agency that administers the assessment and airman safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency that administers the assessment and airman safety plan program.

SB2,59,16 2. The department of health and family services shall establish standards for assessment procedures and the airman safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.

SB2,59,24 3. Prior to developing a plan that specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the airman safety plan within 14 days to the county department under s. 51.42, the plan provider, the department of transportation, the appropriate federal agency, and the person, except that, upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.

SB2,60,11 4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

SB2,60,12 (c) Any person violating sub. (1) (b) 2.:

SB2,60,14 1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

SB2,60,18 2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.

SB2, s. 41 Section 41. 194.23 (1) of the statutes is amended to read:

SB2,61,3 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB2, s. 42 Section 42. 194.34 (1) of the statutes is amended to read:

SB2,61,13 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB2, s. 43 Section 43. 194.407 of the statutes is created to read:

SB2,61,20 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB2,61,23 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.

SB2, s. 44 Section 44. 194.41 (1) of the statutes is amended to read: