SB40: Bill Text

SB40,1530,18 346.50 (3m) (b) 5. The ordinance shall require the city to submit a report by December 31 of each odd-numbered year to the council on physical disabilities under s. 46.29 (1) (fm) on implementation and administration of the ordinance, including an evaluation of the effectiveness of time limitations imposed by the ordinance. With respect to spaces reserved by the city for use by a motor vehicle used by a physically disabled person upon any portion of a street, highway or parking facility, the report shall include the total number of spaces; the total number of spaces in a parking facility and the number of those spaces that are subject to a time limitation, and the duration of any such limitation; and the total number of spaces upon a street or highway and the number of those spaces that are subject to a time limitation, and the duration of any such limitation.

SB40, s. 3431 Section 3431. 346.65 (2c) of the statutes is amended to read:

SB40,1530,25 346.65 (2c) In sub. (2) (am) 2., 3., 4., and 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 jurisdiction that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., and 5.

SB40, s. 3432 Section 3432. 346.65 (2e) of the statutes is amended to read:

SB40,1531,8 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court may reduce the costs, fine, and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), if applicable, the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).

SB40, s. 3433 Section 3433. 346.65 (6) (a) 3. of the statutes is amended to read:

SB40,1531,22 346.65 (6) (a) 3. The court shall notify the department, in a form and manner prescribed by the department, that an order to seize a motor vehicle has been entered. The If the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342, the registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order, and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle , based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification if the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342.

SB40, s. 3434 Section 3434. 346.65 (6) (km) of the statutes is amended to read:

SB40,1532,8 346.65 (6) (km) If a person purchases a motor vehicle in good faith and without knowledge that the motor vehicle was subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection and the department has no valid reason for not issuing a certificate of title other than the prohibition under par. (k), the department shall issue a new certificate of title in the name of the person requesting the new certificate of title if at the time of the purchase of the motor vehicle the certificate of title did not contain the notation stamped on the certificate of title by the clerk of circuit court under par. (a) 2m. and, if the person submits the affidavit required under s. 342.12 (4) (c) 1. c., and if the department has previously issued a valid certificate of title for the motor vehicle.

SB40, s. 3435 Section 3435. 346.655 (1) of the statutes is amended to read:

SB40,1532,17 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), except for a first violation of s. 346.63 (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 a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $355 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

SB40, s. 3436 Section 3436. 349.19 of the statutes is amended to read:

SB40,1533,3 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development children and families or a county child support agency under under s. 59.53 (5).

SB40, s. 3437 Section 3437. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:

SB40,1533,23 350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40,1534,3 (2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB40, s. 3438 Section 3438. 350.11 (3) (d) of the statutes is amended to read:

SB40,1534,13 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB40, s. 3439 Section 3439. 351.02 (1) (intro.) of the statutes is amended to read:

SB40,1534,19 351.02 (1) (intro.) "Habitual traffic offender" means any person, resident or nonresident, whose record, as maintained by the department, shows that the person has accumulated the number of convictions for the separate and distinct offenses, regardless of the class or type of motor vehicle being operated, under par. (a) or (b) committed within a 5-year period as follows:

SB40, s. 3440 Section 3440. 351.02 (1m) of the statutes is amended to read:

SB40,1535,4 351.02 (1m) "Repeat habitual traffic offender" means any person, resident or nonresident, whose record, as maintained by the department, shows that the person has been convicted of 2 offenses under sub. (1) (b) committed within one year following issuance of an occupational license to the person pursuant to s. 351.07 or whose record, as maintained by the department, shows that the person has been convicted of one offense under sub. (1) (a) or 4 offenses under sub. (1) (b) committed within 3 years following issuance of an occupational license to the person pursuant to s. 351.07, regardless of the license under which the person was operating a motor vehicle or the classification of the vehicle being operated.

SB40, s. 3441 Section 3441. 351.025 (1) of the statutes is renumbered 351.025 (1) (a) and amended to read:

SB40,1535,12 351.025 (1) (a) The Except as provided in par. (b), the secretary shall revoke a person's, for a period of 5 years, the operating privilege for a period of 5 years of a person who is a licensee under ch. 343 or is a resident to whom another jurisdiction has not issued an operator's license upon receipt of a record of conviction which brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender.

SB40, s. 3442 Section 3442. 351.025 (1) (b) of the statutes is created to read:

SB40,1535,19 351.025 (1) (b) The department may not revoke a person's operating privilege under par. (a) based, in whole or part, upon any conviction for an offense committed in another jurisdiction if at the time of the conviction the person was licensed in or resided in another jurisdiction unless, after the person has become licensed under ch. 343 or transferred residency to this state, the person is convicted of an offense under s. 351.02 (1) (a) or (b) committed in this state.

SB40, s. 3443 Section 3443. 351.027 (2) of the statutes is amended to read:

SB40,1536,8 351.027 (2) If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the person may file with the circuit court for the county in which the person resides, or, in the case of a nonresident, with the circuit court for Dane County person who moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). The scope of the hearing shall be limited to whether or not the person is the same person named in the record and, whether or not the person was convicted of each offense shown by the record, and whether the provisions of s. 351.025 (1) (b) prohibit revocation. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.

SB40, s. 3444 Section 3444. 351.03 of the statutes is amended to read:

SB40,1536,22 351.03 Secretary to certify copy of conviction record. Upon receipt of the copy of the petition under s. 351.027, the secretary shall certify the record of conviction of any person whose record brings him or her within the definition of a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1) to the court and to the district attorney of the county in which the person resides or to the attorney general if the person is not a resident of this state, if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked. The certified record shall be prima facie evidence that the person named therein was duly convicted by the court wherein the conviction or finding was made, of each offense shown by the record. If the person denies any of the facts as stated in the record, he or she shall have the burden of proving that the fact is false.

SB40, s. 3445 Section 3445. 351.04 of the statutes is amended to read:

SB40,1537,5 351.04 District attorney or attorney general to represent secretary. The district attorney for the county in which the person resides, or if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, who receives the certified copy of record from the secretary under s. 351.03 shall represent the secretary at the hearing under s. 351.027. In the case of nonresidents, the attorney general shall represent the secretary at the hearing.

SB40, s. 3446 Section 3446. 351.05 of the statutes is amended to read:

SB40,1537,18 351.05 Habitual traffic offender or repeat habitual traffic offender determination by the court. The court in which the petition under s. 351.027 is filed shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). If the person denies he or she was convicted or found in violation of any offense necessary for a holding that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), and if the court is not able to make the determination on the evidence before it, the court may certify the decision of the issue to the court in which the conviction or finding of violation was made. The court to which the certification was made shall conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the court in which the petition was filed.

SB40, s. 3447 Section 3447. 351.06 of the statutes is amended to read:

SB40,1538,6 351.06 Order of court. If the court finds that the person before it is not the same person named in the record or that he or she is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the court shall order the secretary to reinstate the person's Wisconsin operating privilege. If the court finds that the person is the same person named in the record and that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the court shall deny the person's petition for a determination that the person is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). The clerk of the court shall file a copy of the order or denial of the petition with the department which shall become a part of the records of the department.

SB40, s. 3448 Section 3448. 440.01 (1) (d) of the statutes is amended to read:

SB40,1538,10 440.01 (1) (d) "Limit", when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, and or to restrict the scope of the holder's practice.

SB40, s. 3449 Section 3449. 440.03 (9) (intro.) of the statutes is renumbered 440.03 (9) (a) (intro.) and amended to read:

SB40,1538,17 440.03 (9) (a) (intro.) The Subject to pars. (b) and (c), the department shall include all of the following with each biennial budget request that it makes under s. 16.42 determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal fee by doing all of the following:

SB40, s. 3450 Section 3450. 440.03 (9) (a) of the statutes is renumbered 440.03 (9) (a) 1. and amended to read:

SB40,1538,23 440.03 (9) (a) 1. A recalculation of Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480 and that are included in the budget request.

SB40, s. 3451 Section 3451. 440.03 (9) (b) of the statutes is renumbered 440.03 (9) (a) 2. and amended to read:

SB40,1539,17 440.03 (9) (a) 2. A recommended change to Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee specified under s. 440.05 (1) for an initial credential for which an examination is not required, under s. 440.05 (2) for a reciprocal credential, and under, subject to s. 440.08 (2) (a), for a credential renewal, if the change an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) prior to and during that budget period during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB40,1539,20 (b) The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.

SB40, s. 3452 Section 3452. 440.03 (9) (c) of the statutes is created to read:

SB40,1539,24 440.03 (9) (c) The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1).

SB40, s. 3453 Section 3453. 440.03 (9) (d) of the statutes is created to read:

SB40,1540,11 440.03 (9) (d) Not later than 14 days after completing proposed fee adjustments under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet Web site and in credential renewal notices sent to affected credential holders under s. 440.08 (1).

SB40, s. 3454 Section 3454. 440.03 (11m) (am) of the statutes is amended to read:

SB40,1540,18 440.03 (11m) (am) If an applicant specified in par. (a) 1. or 2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath 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 credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40, s. 3455 Section 3455. 440.03 (11m) (c) of the statutes is amended to read:

SB40,1540,25 440.03 (11m) (c) The department of regulation and licensing may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of workforce development children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

SB40, s. 3456 Section 3456. 440.03 (12m) of the statutes is amended to read:

SB40,1541,7 440.03 (12m) The department of regulation and licensing shall cooperate with the departments of justice, children and families, and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.

SB40, s. 3457 Section 3457. 440.03 (13) (c) of the statutes is amended to read:

SB40,1541,17 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints using a fingerprint procedure specified by the department. The department of justice may submit the fingerprint cards applicant's fingerprints to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB40, s. 3458 Section 3458. 440.03 (14) (a) 1. c. of the statutes is amended to read:

SB40,1541,22 440.03 (14) (a) 1. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 1. a.

SB40, s. 3459 Section 3459. 440.03 (14) (a) 2. c. of the statutes is amended to read:

SB40,1542,2 440.03 (14) (a) 2. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 2. a.

SB40, s. 3460 Section 3460. 440.03 (14) (a) 3. c. of the statutes is amended to read:

SB40,1542,7 440.03 (14) (a) 3. c. The person pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 3. a.

SB40, s. 3461 Section 3461. 440.03 (14) (am) of the statutes is amended to read:

SB40,1542,19 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee specified in s. 440.05 (1) determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB40, s. 3462 Section 3462. 440.03 (14) (c) of the statutes is amended to read:

SB40,1543,2 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB40, s. 3463 Section 3463. 440.05 (1) (a) of the statutes is amended to read:

SB40,1543,7 440.05 (1) (a) Initial credential: $53 An amount determined by the department under s. 440.03 (9) (a). Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.

SB40, s. 3464 Section 3464. 440.05 (2) of the statutes is amended to read:

SB40,1543,14 440.05 (2) Reciprocal credential, including any credential described in s. 440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under s. 440.08 (2) (a) determined by the department under s. 440.03 (9) (a) and, if an examination is required, an examination fee under sub. (1).

SB40, s. 3465 Section 3465. 440.08 (2) (a) of the statutes is amended to read:

SB40,1543,18 440.08 (2) (a) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d), the renewal dates and renewal fees for credentials are as follows:

SB40,1543,19 1. Accountant, certified public: December 15 of each odd-numbered year; $59.

SB40,1543,21 3. Accounting corporation or partnership: December 15 of each odd-numbered year; $56.

SB40,1543,22 4. Acupuncturist: July 1 of each odd-numbered year; $70.

SB40,1543,24 4m. Advanced practice nurse prescriber: October 1 of each even-numbered year; $73.

SB40,1543,25 5. Aesthetician: April 1 of each odd-numbered year; $87.

SB40,1544,1 6. Aesthetics establishment: April 1 of each odd-numbered year; $70.

SB40,1544,2 7. Aesthetics instructor: April 1 of each odd-numbered year; $70.

SB40,1544,3 8. Aesthetics school: April 1 of each odd-numbered year; $115.

SB40,1544,4 9. Aesthetics specialty school: April 1 of each odd-numbered year ; $53.

SB40,1544,6 9m. Substance abuse counselor, clinical supervisor, or prevention specialist: except as limited in s. 440.88 (4), March 1 of each odd-numbered year ; $70.

SB40,1544,8 11. Appraiser, real estate, certified general: December 15 of each odd-numbered year; $162.

SB40,1544,10 11m. Appraiser, real estate, certified residential: December 15 of each odd-numbered year; $167.

SB40,1544,12 12. Appraiser, real estate, licensed: December 15 of each odd-numbered year; $185.

SB40,1544,13 13. Architect: August 1 of each even-numbered year; $60.

SB40,1544,15 14. Architectural or engineering firm, partnership or corporation: February 1 of each even-numbered year; $70.

SB40,1544,16 14d. Athlete agent: July 1 of each even-numbered year; $53.