SB40: Bill Text

SB40,1441,21 304.06 (1) (f) The parole earned release review commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole earned release review commission determines is necessary. The parole earned release review commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole earned release review commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing for parole, release to extended supervision, or termination of extended supervision under this section, the parole earned release review commission shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

SB40, s. 3198 Section 3198. 304.06 (1) (g) of the statutes is amended to read:

SB40,1442,4 304.06 (1) (g) Before a person is released on parole or released to extended supervision under this subsection, the parole earned release review commission shall so notify the municipal police department and the county sheriff for the area where the person will be residing. The notification requirement under this paragraph does not apply if a municipal department or county sheriff submits to the parole earned release review commission a written statement waiving the right to be notified. If applicable, the department shall also comply with s. 304.063.

SB40, s. 3199 Section 3199. 304.06 (1m) (intro.) of the statutes is amended to read:

SB40,1442,8 304.06 (1m) (intro.) The parole earned release review commission may waive the 25% or 6-month service of sentence requirement under sub. (1) (b) under any of the following circumstances:

SB40, s. 3200 Section 3200. 304.06 (1q) (b) of the statutes is amended to read:

SB40,1442,15 304.06 (1q) (b) The parole earned release review commission or the department may require as a condition of parole or that a serious child sex offender undergo pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. This paragraph does not prohibit the department from requiring pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen as a condition of probation.

SB40, s. 3201 Section 3201. 304.06 (1q) (c) of the statutes is amended to read:

SB40,1442,22 304.06 (1q) (c) In deciding whether to grant a serious child sex offender release on parole under this subsection, the parole earned release review commission may not consider, as a factor in making its decision, that the offender is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or that the offender is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

SB40, s. 3202 Section 3202. 304.06 (1x) of the statutes is amended to read:

SB40,1443,2 304.06 (1x) The parole earned release review commission may require as a condition of parole that the person is placed in the intensive sanctions program under s. 301.048. In that case, the person is in the legal custody of the department under that section and is subject to revocation of parole under sub. (3).

SB40, s. 3203 Section 3203. 304.06 (2m) (d) of the statutes is amended to read:

SB40,1443,6 304.06 (2m) (d) The parole earned release review commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

SB40,1443,10 1. The parole earned release review commission or the department shall consider residence as the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation and shall consider physical presence as prima facie evidence of intent to remain.

SB40,1443,14 2. The parole earned release review commission or the department shall apply the criteria for consideration of residence and physical presence under subd. 1. to the facts that existed on the date that the prisoner committed the serious sex offense that resulted in the sentence the prisoner is serving.

SB40, s. 3204 Section 3204. 304.071 (1) of the statutes is amended to read:

SB40,1444,7 304.071 (1) The parole earned release review commission may at any time grant a parole or release to extended supervision to any prisoner in any penal institution of this state, or the department may at any time suspend the supervision of any person who is on probation or, parole, or extended supervision to the department, if the prisoner or person on probation or , parole, or extended supervision is eligible for induction into the U.S. armed forces. The suspension of parole, extended supervision, or probation shall be for the duration of his or her service in the armed forces; and the parole, extended supervision, or probation shall again become effective upon his or her discharge from the armed forces in accordance with regulations prescribed by the department. If he or she receives an honorable discharge from the armed forces, the governor may discharge him or her and the discharge has the effect of a pardon. Upon the suspension of parole , extended supervision, or probation by the department, the department shall issue an order setting forth the conditions under which the parole, extended supervision, or probation is suspended, including instructions as to where and when and to whom the paroled person on parole or extended supervision shall report upon discharge from the armed forces.

SB40, s. 3205 Section 3205. 341.135 of the statutes is repealed.

SB40, s. 3206 Section 3206. 341.25 (1) (a) of the statutes is amended to read:

SB40,1444,12 341.25 (1) (a) For each automobile, a fee of $55 $75, 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.

SB40, s. 3207 Section 3207. 341.25 (2) (a) of the statutes is amended to read:

SB40,1444,14 341.25 (2) (a) Not more than 4,500$ 48.50 75.00

SB40, s. 3208 Section 3208. 341.25 (2) (b) of the statutes is amended to read:

SB40,1444,16 341.25 (2) (b) Not more than 6,00061.50 84.00

SB40, s. 3209 Section 3209. 341.25 (2) (c) of the statutes is amended to read:

SB40,1444,18 341.25 (2) (c) Not more than 8,00077.50 106.00

SB40, s. 3210 Section 3210. 341.51 (4) (an) of the statutes is amended to read:

SB40,1444,25 341.51 (4) (an) If the applicant is an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration that is issued under this section in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3211 Section 3211. 341.51 (4g) (b) of the statutes is amended to read:

SB40,1445,6 341.51 (4g) (b) The department of transportation may not disclose any information obtained under sub. (4) (am) or (ar) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB40, s. 3212 Section 3212. 341.51 (4m) (a) of the statutes is amended to read:

SB40,1445,16 341.51 (4m) (a) A registration shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40, s. 3213 Section 3213. 342.06 (1) (eg) of the statutes is amended to read:

SB40,1445,23 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22 and to the department of revenue for the purposes of administering state taxes and collecting debt.

SB40, s. 3214 Section 3214. 342.06 (1) (eh) of the statutes is amended to read:

SB40,1446,6 342.06 (1) (eh) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate of title that is issued in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3215 Section 3215. 342.12 (4) (a) and (b) of the statutes are amended to read:

SB40,1446,17 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by the person and involved in the violation upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

SB40,1447,2 (b) Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by a person and involved in the violation upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.

SB40, s. 3216 Section 3216. 342.14 (1r) of the statutes is amended to read:

SB40,1447,7 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, 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, 2007.

SB40, s. 3217 Section 3217. 342.14 (3m) of the statutes is amended to read:

SB40,1447,13 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental title fee of $7.50 $9.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section.

SB40, s. 3218 Section 3218. 343.01 (2) (bc) of the statutes is created to read:

SB40,1447,18 343.01 (2) (bc) "Home jurisdiction" means another jurisdiction that has most recently issued an operator's license to a person or, if the person has not been issued an operator's license by another jurisdiction, another jurisdiction where the person resides.

SB40, s. 3219 Section 3219. 343.01 (2) (bm) of the statutes is created to read:

SB40,1447,21 343.01 (2) (bm) "Member jurisdiction" means another jurisdiction that has entered into the driver license agreement, as described in s. 343.02 (3) (a).

SB40, s. 3220 Section 3220. 343.01 (2) (d) of the statutes is amended to read:

SB40,1447,24 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface, or a digitized digital image.

SB40, s. 3221 Section 3221. 343.02 (3) of the statutes is created to read:

SB40,1448,7 343.02 (3) (a) To promote the efficient administration and enforcement of the provisions of this chapter, this state, through the department, shall join the agreement facilitated by the American Association of Motor Vehicle Administrators that, as of the effective date of this paragraph .... [revisor inserts date], is known as the "Driver License Agreement" that establishes standards among participating jurisdictions for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process.

SB40,1448,16 (b) The department shall promulgate rules as the secretary considers necessary to effectuate the purposes of the driver license agreement and shall promulgate rules, timed to become effective with the effective date of the state's joinder in the driver license agreement, that identify all violations of, and administrative actions under, the laws of this state and describe by type or category all equivalent violations of, and administrative actions under, the laws of other jurisdictions that, under the driver license agreement, are required to be recognized as violations or authorized administrative actions among all jurisdictions that are parties to the driver license agreement.

SB40,1448,20 (c) The department shall provide for publication of notice of the state's joinder in the driver license agreement, including the effective date of such joinder, by notice published by the revisor of statutes in the Wisconsin Administrative Register under s. 35.93 (4).

SB40, s. 3222 Section 3222. 343.027 of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB40,1449,4 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB40, s. 3223 Section 3223. 343.03 (3) (intro.) of the statutes is amended to read:

SB40,1449,10 343.03 (3) License variants. (intro.) Except for restricted licenses under s. 343.08 or temporary licenses under s. 343.10, 343.11 (1) or (3), 343.16 (6) (b), or 343.305 (8) (a), each operator's license issued by the department shall be in one of the following categories with a descriptive legend displayed on the top front side of the license document:

SB40, s. 3224 Section 3224. 343.03 (3m) of the statutes is created to read:

SB40,1449,17 343.03 (3m) Noncitizen temporary license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as temporary. This noncitizen temporary license may not be renewed except as provided in s. 343.165 (4) (c).

SB40, s. 3225 Section 3225. 343.03 (5) (a) of the statutes is amended to read:

SB40,1450,3 343.03 (5) (a) Before issuing 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 jurisdiction, the department shall obtain information on the applicant's license status with the state jurisdiction of licensure before issuing a license, including requesting transfer to the department of the applicant's driver record information from the other jurisdiction if that jurisdiction is a member jurisdiction.

SB40, s. 3226 Section 3226. 343.03 (6) (a) of the statutes is amended to read:

SB40,1450,10 343.03 (6) (a) The Notwithstanding ss. 343.027, 343.14 (2j), and 343.237 (2), the department shall, upon request, provide to the commercial driver license information system and the driver licensing agencies of other states jurisdictions any applicant or driver record information maintained by the department of transportation, including providing electronic access to any record or file under s. 343.23 (1) or (2).

SB40, s. 3227 Section 3227. 343.05 (1) (a) of the statutes is amended to read:

SB40,1450,19 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).

SB40, s. 3228 Section 3228. 343.05 (5) (b) 1. of the statutes is amended to read:

SB40,1451,5 343.05 (5) (b) 1. Except as provided in subd. 2. and sub. (6), any person who violates sub. (3) (a) may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section or a violation of, a law of a federally recognized American Indian tribe or band in this state in conformity with this section, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation under this section, shall count as a previous offense.

SB40, s. 3229 Section 3229. 343.06 (1) (bm) of the statutes is created to read:

SB40,1451,13 343.06 (1) (bm) To any person whose operating privilege is currently suspended, revoked, or canceled by another jurisdiction for an offense or combination of offenses identified in the rules under s. 343.02 (3) (b), except if the operating privilege was suspended, revoked, or canceled by another jurisdiction for failure to comply with a judgment in that other jurisdiction and at least 5 years have elapsed since the operating privilege was suspended, revoked, or canceled for failure to comply.

SB40, s. 3230 Section 3230. 343.06 (1) (j) of the statutes is repealed.

SB40, s. 3231 Section 3231. 343.06 (1) (L) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40,1451,18 343.06 (1) (L) To any person who does not provide the documentary proof described in s. 343.14 (2) (er) satisfy the requirements under s. 343.165.

SB40, s. 3232 Section 3232. 343.06 (2) of the statutes is amended to read:

SB40,1452,3 343.06 (2) The department shall not issue a commercial driver license, including a renewal 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 operating privilege is revoked, suspended, or canceled. Any With respect to any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d), the department shall be disqualified by the department as provided order the person disqualified or provide notice as specified in s. 343.315.

SB40, s. 3233 Section 3233. 343.085 (4) of the statutes is amended to read:

SB40,1452,12 343.085 (4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws or any law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of this state's traffic laws. A person may not be continued on probationary status due to a suspension under s. 343.30 (6).

SB40, s. 3234 Section 3234. 343.10 (2) (a) (intro.) of the statutes is amended to read:

SB40,1452,16 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

SB40, s. 3235 Section 3235. 343.10 (2) (a) 3. of the statutes is repealed.

SB40, s. 3236 Section 3236. 343.10 (6) of the statutes is amended to read:

SB40,1452,21 343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department the fees specified in s. 343.21 (1) (k) and (n).

SB40, s. 3237 Section 3237. 343.10 (7) (b) of the statutes is amended to read:

SB40,1453,2 343.10 (7) (b) The Subject to s. 343.165 (5), the department shall issue an occupational license as soon as practicable upon receipt of an application to the department under sub. (1) or an order from a court under sub. (4) or s. 351.07 for such a license, if the department determines that the applicant is eligible under sub. (2).

SB40, s. 3238 Section 3238. 343.10 (7) (d) of the statutes is amended to read:

SB40,1453,8 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a photo license that includes a photograph described in s. 343.14 (3) and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.

SB40, s. 3239 Section 3239. 343.10 (7) (f) of the statutes is amended to read:

SB40,1453,19 343.10 (7) (f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law, or the expiration date determined under s. 343.20 (1m), whichever is earlier. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.

SB40, s. 3240 Section 3240. 343.135 (1) (a) 3. of the statutes is amended to read:

SB40,1453,21 343.135 (1) (a) 3. Pays the all required fee fees.