SB301: Bill Text

Note: Section 343.07 (1) was renumbered s. 343.07 (1g) by 2005 Wis. Act 149.

SB301, s. 170 Section 170. 343.16 (1) (b) 3. (intro.) and b. of the statutes are amended to read:

SB301,64,12 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party tester by one of the following means:

SB301,64,14 b. The department shall retest a sample of drivers who were examined by the 3rd-party tester to compare the pass and fail results.

Note: Inserts missing term.

SB301, s. 171 Section 171. 343.71 (5) of the statutes, as created by 2005 Wisconsin Act 397, section 62, is renumbered 343.71 (6).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 397 renumbered s. 343.61 (6) to also be s. 343.71 (5).

SB301, s. 172 Section 172. 346.65 (2) (bm) and (cm) of the statutes, as created by 2005 Wisconsin Act 389, are amended to read:

SB301,65,6 346.65 (2) (bm) In Winnebago County, 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, the fine shall be the same as under par. (b) (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

SB301,65,16 (cm) In Winnebago County, 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 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

Note: Inserts correct cross-references. Section 346.65 (2) (a) to (e) was renumbered s. 346.65 (2) (am) 1. to 5. by 2005 Wis. Act 149.

SB301, s. 173 Section 173. 346.65 (2j) (bm) and (cm) of the statutes, as created by 2005 Wisconsin Act 389, are amended to read:

SB301,66,5 346.65 (2j) (bm) In Winnebago County, 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, the fine shall be the same as under par. (b) (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

SB301,66,15 (cm) In Winnebago County, 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 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

Note: Inserts correct cross-references. Section 346.65 (2j) (a) to (c) was renumbered s. 346.65 (2j) (am) 1. to 3. by 2005 Wis. Act 149.

SB301, s. 174 Section 174. The treatment of 347.50 (1) of the statutes by 2005 Wisconsin Act 106 is not repealed by 2005 Wisconsin Act 193. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 6-1-2006, s. 347.50 (1) reads:

(1) Any person violating ss. 347.35 to 347.49, except s. 347.385 (5), s. 347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

SB301, s. 175 Section 175. The treatment of 348.21 (3) (intro.) of the statutes by 2005 Wisconsin Act 167 is not repealed by 2005 Wisconsin Act 364. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 348.21 (3) (intro.) reads:

(3) Except as provided in sub. (3g), any person violating s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (3) or (5) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

SB301, s. 176 Section 176. 348.21 (3) (b) 1. of the statutes is renumbered 348.21 (3) (b) 1. (intro.) and amended to read:

SB301,67,4 348.21 (3) (b) 1. (intro.) For the first conviction, a forfeiture of not less than $50 nor more than $200 plus an amount equal to: 1 whichever of the following applies:

SB301,67,6 a. One cent for each pound of total excess load when the total excess is not over 2,000 pounds; 2.

SB301,67,8 b. Two cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds; 3.

SB301,67,10 c. Three cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds; 5.

SB301,67,12 d. Five cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds; 7.

SB301,67,14 e. Seven cents for each pound of total excess load if the excess is over 5,000 pounds.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 177 Section 177. 348.21 (3) (b) 2. of the statutes is renumbered 348.21 (3) (b) 2. (intro.) and amended to read:

SB301,67,19 348.21 (3) (b) 2. (intro.) For the 2nd and each subsequent conviction within a 12-month period, a forfeiture of not less than $100 nor more than $300, plus an amount equal to: 2 whichever of the following applies:

SB301,67,21 a. Two cents for each pound of total excess load when the total excess is not over 2,000 pounds; 4 .

SB301,68,2 b. Four cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds; 6.

SB301,68,4 c. Six cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds; 8.

SB301,68,6 d. Eight cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds; 10.

SB301,68,7 e. Ten cents for each pound of total excess load if the excess is over 5,000 pounds.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 178 Section 178 . 348.21 (3g) (intro.) of the statutes, as created by 2005 Wisconsin Act 167, is amended to read:

SB301,68,14 348.21 (3g) (intro.) Any person who, while operating a vehicle combination that has 6 or more axles and that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (4) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

Note: 2005 Wis. Act 364 repealed s. 348.17 (4).

SB301, s. 179 Section 179 . 348.21 (3g) (intro.) of the statutes, as affected by 2005 Wisconsin Act 167, section 7, is amended to read:

SB301,68,21 348.21 (3g) (intro.) Any person who, while operating a vehicle combination that has 6 or more axles and that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or authorized under s. 348.17 (4) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

Note: 2005 Wis. Act 364 repealed s. 348.17 (4).

SB301, s. 180 Section 180 . 348.21 (3g) (a) of the statutes, as created by 2005 Wisconsin Act 167, is renumbered 348.21 (3g) (a) (intro.) and amended to read:

SB301,69,5 348.21 (3g) (a) (intro.) For a first conviction or a 2nd conviction within a 12-month period, a forfeiture of not less than $150 nor more than $250 plus an amount equal to: 6 whichever of the following applies:

SB301,69,7 1. Six cents for each pound of total excess load when the total excess is less than 2,000 pounds; 8.

SB301,69,9 2. Eight cents for each pound of total excess load if the excess is 2,000 pounds or more and not over 3,000 pounds; 9.

SB301,69,11 3. Nine cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds; 10.

SB301,69,13 4. Ten cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds; 11.

SB301,69,15 5. Eleven cents for each pound of total excess load if the excess is over 5,000 pounds.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 181 Section 181. 348.21 (3g) (b) of the statutes, as created by 2005 Wisconsin Act 167, is renumbered 348.21 (3g) (b) (intro.) and amended to read:

SB301,69,20 348.21 (3g) (b) (intro.) For the 3rd and each subsequent conviction within a 12-month period, a forfeiture of not less than $500 nor more than $550, plus an amount equal to: 20 whichever of the following applies:

SB301,69,22 1. Twenty cents for each pound of total excess load when the total excess is 3,000 pounds or less; 21.

SB301,70,2 2. Twenty-one cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds; 22.

SB301,70,4 3. Twenty-two cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds; 23.

SB301,70,6 4. Twenty-three cents for each pound of total excess load if the excess is over 5,000 pounds.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 182 Section 182. 402.318 (title) of the statutes is amended to read:

SB301,70,9 402.318 (title) Third party Third-party beneficiaries of warranties, express or implied.

Note: Corrects spelling.

SB301, s. 183 Section 183. 440.142 (2) of the statutes, as affected by 2005 Wisconsin Act 198, is renumbered 450.145 (1m) and amended to read:

SB301,70,15 450.145 (1m) Except as provided in s. 450.145 sub. (2), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).

Note: The remainder of s. 440.142 was renumbered to s. 450.145.

SB301, s. 184 Section 184. Subchapter XI of chapter 440 [precedes 440.980] of the statutes, as created by 2005 Wisconsin Act 292, is renumbered subchapter XII of chapter 440 [precedes 440.9805].

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter VII of chapter 440, as created by 2005 Wis. Act 25, was renumbered subchapter XI of chapter 440 by the revisor under s. 13.93 (1) (b).

SB301, s. 185 Section 185. 440.980 of the statutes, as created by 2005 Wisconsin Act 292, is renumbered 440.9805.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Section 440.70 as created by 2005 Wis. Act 25, was renumbered 440.98 by the revisor under s. 13.93 (1) (b).

SB301, s. 186 Section 186. Subchapter XII of chapter 440 [precedes 440.99] of the statutes is renumbered subchapter XIII of chapter 440 [precedes 440.99].

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Subchapter XII of chapter 440 is renumbered subchapter XIII of chapter 440 to accommodate the renumbering of subchapter XI of chapter 440 by this bill.

SB301, s. 187 Section 187. 441.15 (2) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 96 and 292, is amended to read:

SB301,71,7 441.15 (2) (intro.) Except as provided in sub. (2m) and s. 250.042 (4) (b), no person may engage in the practice of nurse-midwifery unless each of the following conditions is satisfied:

Note: Inserts "and" required by the merger of the treatments of s. 441.15 (2) (intro.) by 2005 Wis. Acts 96 and 292.

SB301, s. 188 Section 188. 441.15 (2m) of the statutes, as created by 2005 Wisconsin Act 292, is amended to read:

SB301,71,11 441.15 (2m) Subsection (2) does not apply to a person granted a license to practice midwifery under subch. XI XII of ch. 440.

Note: Subchapter XI of chapter 440, as created by 2005 Wis. Act 477, is renumbered to subchapter XII of chapter 440 by this bill.

SB301, s. 189 Section 189. 448.03 (2) (a) of the statutes, as affected by 2005 Wisconsin Act 292, is amended to read:

SB301,72,2 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XI XII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.

Note: Subchapter XI of chapter 440, as created by 2005 Wis. Act 292, is renumbered to subchapter XII of chapter 440 by this bill.

SB301, s. 190 Section 190. 448.08 (3) of the statutes is amended to read:

SB301,72,8 448.08 (3) Billing for tests performed by the state laboratory of hygiene. A person other than a state or local government agency who charges a patient, other person or 3rd party 3rd-party payer for services performed by the state laboratory of hygiene shall identify the actual amount charged by the state laboratory of hygiene and shall restrict charges for those services to that amount.

Note: Corrects spelling.

SB301, s. 191 Section 191. 449.18 (8) of the statutes is renumbered 449.18 (6) (cm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 297 changed cross-references to s. 449.18 (8) to s. 449.18 (6) (cm), but did not treat s. 449.18 (8).

SB301, s. 192 Section 192. 450.11 (4m) of the statutes, as created by 2005 Wisconsin Act 195, is renumbered 450.11 (4g).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 196 also created a provision numbered s. 450.11 (4m).

SB301, s. 193 Section 193. 452.135 (2) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Act 87, is amended to read:

SB301,72,16 452.135 (2) (a) (intro.) Except as provided in sub. par. (b), a broker shall provide to a client a copy of the following written disclosure statement not later than the time the broker enters into an agency agreement with the client:

Note: Corrects cross-reference. The cross-reference is shown correctly in the printed statutes.