SB21: Bill Text

SB21,4324 Section 4324. 321.62 (9) of the statutes is amended to read:

SB21,1611,19 321.62 (9) Statutes of limitations. The period of state active duty may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in state active duty or by or against his or her heirs, personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of state active duty.

SB21,4325 Section 4325. 321.62 (22) (d) 1. (intro.) of the statutes is amended to read:

SB21,1611,25 321.62 (22) (d) 1. (intro.) Any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., based on the alleged professional negligence or other professional liability of a service member whose professional liability insurance coverage has been suspended under par. (a) shall be stayed until the end of the period of suspension if all of the following apply:

SB21,4326 Section 4326. 321.64 (1) (c) of the statutes is amended to read:

SB21,1612,7 321.64 (1) (c) If a dispute arises regarding a classified employee of the state relating to the provisions of par. (a), the complaint shall be filed with the director administrator of the office division of state employment relations personnel management. A decision of the director administrator of the office division of state employment relations personnel management in the department of administration may be reviewed under ch. 227.

SB21,4327 Section 4327. 321.65 (1) (a) 2. of the statutes is amended to read:

SB21,1612,12 321.65 (1) (a) 2. Active service with the state laboratory of hygiene under s. 36.25 (11) (em) 250.08 (5m) for the purpose of assisting the department of health services under s. 250.042 during a state of emergency relating to public health declared by the governor under s. 323.10.

SB21,4328 Section 4328. 340.01 (23g) (a) of the statutes is amended to read:

SB21,1612,19 340.01 (23g) (a) Means a motor vehicle which is not painted in accordance with s. 347.44 (1) and which is used for the purpose of transporting disabled persons individuals with disabilities as defined in s. 85.21 (2) (cm) 85.22 (2) (bm) or elderly persons seniors as defined in s. 85.22 (2) (b) (d) in connection with any transportation assistance program for elderly seniors or disabled persons individuals with disabilities.

SB21,4329 Section 4329. 340.01 (56) (am) of the statutes is amended to read:

SB21,1613,2 340.01 (56) (am) Means a motor vehicle which is painted in accordance with s. 347.44 (1) and is used for the purpose of transporting disabled persons individuals with disabilities as defined in s. 85.21 (2) (cm) 85.22 (2) (bm) or elderly persons seniors as defined in s. 85.22 (2) (b) (d) in connection with any transportation assistance program for elderly seniors or disabled persons individuals with disabilities.

SB21,4330 Section 4330. 341.14 (6r) (b) 4. of the statutes is amended to read:

SB21,1613,15 341.14 (6r) (b) 4. An additional fee of $20 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. An additional fee of $40 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47. if the plate is issued or renewed during the first year of the biennial registration period or $20 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. The fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. The department shall pay all moneys received under this subdivision to the Board of Regents of the University of Wisconsin system System Authority to fund the scholarship programs under s. 36.44.

SB21,4331 Section 4331. 341.14 (6r) (c) of the statutes is amended to read:

SB21,1615,4 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. Except as provided in this paragraph, the department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System Authority before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special groups under par. (f) 50. and 59., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61r., the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Special group plates issued under par. (f) 62. shall display the words "In God We Trust". The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61m. shall display a logo or image of the lion associated with the Lions Clubs International. Special group plates under par. (f) 61r. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words "share the road" on the bottom portion of the plates. Special group plates under par. (f) 63. shall display the words "Trout Unlimited." Notwithstanding par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and design that was specified by the department for special group plates under par. (f) 33. and 48., respectively, immediately prior to January 1, 2007. The design for special group plates under par. (f) 33. and 48. shall be different from the design of special group plates under par. (f) 33m. and 48m., respectively.

SB21,4332 Section 4332. 341.14 (6r) (e) of the statutes is amended to read:

SB21,1615,20 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47., 50., and 59., for each professional football team under par. (f) 55., and for each professional baseball team under par. (f) 60. The department shall specify one combination of colors for special group plates under par. (f) 35. to 47. Subject to par. (c), the department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the University of Wisconsin System Authority specifies. The department shall consult the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the colors for the special group plate under par. (f) 61r.

SB21,4333 Section 4333. 342.40 (4) (a) of the statutes is amended to read:

SB21,1615,24 342.40 (4) (a) In this subsection, "state agency" has the meaning given for "agency" in s. 227.01 (1) and includes the Board of Regents of the University of Wisconsin System Authority.

SB21,4334 Section 4334. 343.14 (3) of the statutes is amended to read:

SB21,1616,8 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (am), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except as provided in sub. (3m) and s. 343.16 (3) (am), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (am) and 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).

SB21,4335 Section 4335. 343.16 (3) (am) of the statutes is created to read:

SB21,1616,16 343.16 (3) (am) 1. If an applicant for the renewal of a license authorizing operation of only "Class D" vehicles satisfies eligibility criteria established by the department under subd. 2., the applicant may apply for renewal of the license, and the department may renew the license, by any electronic means offered by the department. A license may be renewed under this paragraph without the applicant's photograph being taken. An applicant may not apply for renewal under this paragraph more than once in a 16-year period.

SB21,1616,18 2. The department shall establish criteria for eligibility for license renewal by electronic means under this paragraph.

SB21,4336 Section 4336. 343.165 (1) (intro.) of the statutes is amended to read:

SB21,1617,2 343.165 (1) (intro.) Subject to ss. 343.14 (3m), 343.16 (3) (am), and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

SB21,4337 Section 4337. 343.20 (1) (a) of the statutes is amended to read:

SB21,1617,16 343.20 (1) (a) Except as otherwise expressly provided in this chapter, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. Licenses issued after cancellation shall expire on the expiration date for the prior license at the time of cancellation. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (b) and (d) shall be prorated accordingly.

SB21,4338 Section 4338. 343.20 (1) (e) of the statutes is repealed.

SB21,4339 Section 4339. 343.20 (1m) of the statutes is amended to read:

SB21,1618,5 343.20 (1m) Notwithstanding sub. (1) (a) and (e), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) 2., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

SB21,4340 Section 4340. 343.21 (1) (a) of the statutes is amended to read:

SB21,1618,9 343.21 (1) (a) For the initial issuance or renewal of a license authorizing only the operation of "Class D" motor vehicles, $18 other than a probationary license under s. 343.085, $24.

SB21,4341 Section 4341. 343.21 (1) (ag) of the statutes is created to read:

SB21,1618,11 343.21 (1) (ag) For the issuance of a probationary license under s. 343.085, $18.

SB21,4342 Section 4342. 343.21 (1) (am) of the statutes is repealed.

SB21,4343 Section 4343. 343.21 (1) (d) of the statutes is amended to read:

SB21,1618,22 343.21 (1) (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified. An additional fee of $5 is required for the issuance or renewal of any "S" endorsement applied for or renewed at the same time for which the applicant is qualified. The department shall waive any fee under this paragraph for an applicant who holds a military commercial driver license, as defined in s. 343.16 (2) (f) 1.

SB21,4344 Section 4344. 343.21 (1) (n) of the statutes is amended to read:

SB21,1619,3 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a license issuance fee of $10. The department shall waive any fee under this paragraph for an applicant who holds a military commercial driver license, as defined in s. 343.16 (2) (f) 1.

SB21,4345 Section 4345. 343.21 (1m) of the statutes is amended to read:

SB21,1619,8 343.21 (1m) In addition to the fee specified in sub. (1) (am) (a), (b), or (d), an applicant whose application for renewal of a license or authorization under sub. (1) (am) (a), (b), or (d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.

SB21,4346 Section 4346. 343.50 (5) (b) of the statutes is amended to read:

SB21,1619,13 343.50 (5) (b) Except as provided in par. pars. (c) and (d) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.

SB21,4347 Section 4347. 343.50 (5) (d) of the statutes is created to read:

SB21,1619,19 343.50 (5) (d) Except as provided in par. (c), an identification card that is issued to a person who is 65 years of age or older at the time of issuance does not expire. A card under this paragraph shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s. 343.03 (3r).

SB21,4348 Section 4348. 346.45 (1) (g) of the statutes is created to read:

SB21,1619,23 346.45 (1) (g) Every cargo tank motor vehicle, whether loaded or empty, transporting a commodity under exemption in accordance with 49 CFR part 107, subpart B.

SB21,4349 Section 4349. 346.65 (2m) (b) of the statutes is amended to read:

SB21,1620,2 346.65 (2m) (b) The court shall consider a report submitted under s. 85.53 51.49 (2) (d) when imposing a sentence under sub. (2), (2q), or (3m).

SB21,4350 Section 4350. 346.925 (1) of the statutes is amended to read:

SB21,1620,9 346.925 (1) No person may direct or permit a child under the age of 16 years to operate a farm tractor or self-propelled implement of husbandry on the highway unless the child has been certified under s. 36.25 (32) (a) 2., as specified by the department, as successfully completing a tractor and machinery operation safety training course that is equivalent to the requirements, other than age, specified under 29 CFR part 570.70 to 570.72.

SB21,4351 Section 4351. 349.13 (1j) of the statutes is amended to read:

SB21,1620,17 349.13 (1j) The department, with respect to state trunk highways outside of corporate limits, and local authorities, with respect to highways under their jurisdiction including state trunk highways or connecting highways within corporate limits, may authorize persons to park their vehicles during specified hours on the near side of a highway adjacent to a schoolhouse located on property of leased or owned by the University of Wisconsin System Authority when the persons are conducting business at the schoolhouse.

SB21,4352 Section 4352. 350.01 (1r) of the statutes is repealed.

SB21,4353 Section 4353. 350.01 (9m) (a) of the statutes is amended to read:

SB21,1620,21 350.01 (9m) (a) A bed and breakfast establishment, as defined in s. 254.61 (1) 97.01 (1g).

SB21,4354 Section 4354. 350.01 (9m) (b) of the statutes is amended to read:

SB21,1620,23 350.01 (9m) (b) A hotel, as defined in s. 254.61 (3) 97.01 (7).

SB21,4355 Section 4355. 350.01 (9m) (c) of the statutes is amended to read:

SB21,1620,25 350.01 (9m) (c) A tourist rooming house, as defined in s. 254.61 (6) 97.01 (15k).

SB21,4356 Section 4356. 350.12 (3) (b) 1. of the statutes is amended to read:

SB21,1621,12 350.12 (3) (b) 1. Any person who is a resident of this state and the owner of a snowmobile may register the snowmobile as an antique snowmobile if it is at least 35 years old at the time that the owner applies for such registration. Upon payment of a fee of $20, the owner shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under par. (d). The design shall show that the snowmobile is an antique. The registration certificate shall be valid for 2 3 years. If the snowmobile is registered before April 1, the 2-year 3-year period begins on the July 1 before the date of application. If the snowmobile is registered on or after April 1 of a given year, the 2-year 3-year period begins on the July 1 after the date of application. The fee for issuance of the initial registration certificate is $20. The fee for renewal of the registration is $5.

SB21,4357 Section 4357. 350.12 (3j) (br) of the statutes, as created by 2013 Wisconsin Act 142, is amended to read:

SB21,1621,17 350.12 (3j) (br) There is no fee for a trail use sticker issued for a snowmobile that has a model year that is at least 30 35 years earlier than the year in which the trail use sticker is issued.

SB21,4358 Section 4358. 350.12 (4) (b) 1. of the statutes is amended to read:

SB21,1622,6 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $250 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board secretary of natural resources as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation projects may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation, or maintenance of trails, or any combination thereof. Trail routes, sizes, and specifications shall be prescribed only by the board secretary of natural resources.

SB21,4359 Section 4359. 350.12 (4) (b) 4. of the statutes is amended to read:

SB21,1622,14 350.12 (4) (b) 4. For the maintenance, rehabilitation , and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under subd. 1. Qualifying trails are those approved by the board secretary of natural resources. Trail routes, sizes , and specifications shall be prescribed only by the board secretary of natural resources.

SB21,4360 Section 4360. 350.145 (3) (b) of the statutes is amended to read:

SB21,1622,19 350.145 (3) (b) The secretary of natural resources shall submit any written comments that the secretary receives under par. (a) 2. to the natural resources board and to the secretary of administration with the department's submission of its budget report under s. 16.42.

SB21,4361 Section 4361. 409.501 (1) (b) of the statutes is amended to read:

SB21,1622,24 409.501 (1) (b) The office of the department of financial institutions and professional standards or any office duly authorized by the department, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

SB21,4362 Section 4362. 426.103 of the statutes is amended to read:

SB21,1623,3 426.103 Administrator. "Administrator" means the secretary of financial institutions and professional standards or an employee of the department of financial institutions and professional standards designated by the secretary.

SB21,4363 Section 4363. 426.104 (2) (intro.) of the statutes is amended to read:

SB21,1623,12 426.104 (2) (intro.) The administrator shall report annually on practices in consumer transactions, on the use of consumer credit in the state, on problems attending the collection of debts, on the problems of persons of limited means in consumer transactions, and on the operation of chs. 421 to 427 and 429. For the purpose of making the report, the administrator may conduct research and make appropriate studies. The report shall be given to the division of banking for inclusion included in the department's report of the division of banking under s. 220.14 and shall include:

SB21,4364 Section 4364. 426.203 of the statutes is amended to read:

SB21,1623,20 426.203 Penalties. Whoever fails to comply with the registration requirements under s. 426.201 or fails to pay a fee required under s. 426.202 may be required to forfeit not more than $50. Each day that this failure continues constitutes a separate offense. Forfeitures received by the administrator under this section shall be credited to the appropriation account under s. 20.144 (1) 20.142 (2) (h) and may be expended from the account only for consumer or merchant education programs.

SB21,4365 Section 4365. Chapter 440 (title) of the statutes is amended to read:

SB21,1623,22 CHAPTER 440

SB21,1623,24 DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES licensing

SB21,4366 Section 4366. 440.01 (2) (cs) of the statutes is amended to read:

SB21,1624,2 440.01 (2) (cs) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,4367 Section 4367. 440.03 (3) of the statutes is amended to read:

SB21,1624,7 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 15.175 or 15.406 15.176.

SB21,4368 Section 4368. 440.03 (3q) of the statutes is amended to read:

SB21,1624,11 440.03 (3q) Notwithstanding sub. (3m), the department of safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).