SB21: Bill Text

SB21,1608,3 302.386 (5) (c) Any participant in the corrective sanctions program person who is subject to community supervision under s. 938.533 unless the participant person is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).

SB21,4310 Section 4310. 303.07 (7) of the statutes is amended to read:

SB21,1608,14 303.07 (7) If any inmate of a reforestation camp, in the performance of work in connection with the maintenance of the camp, is injured so as to be permanently incapacitated, or to have materially reduced earning power, the inmate may upon discharge be allowed and paid such compensation as the department of workforce development office of the commissioner of insurance finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any such the inmate shall not exceed $1,000 and may be paid in installments. If the inmate is from an adjoining county such that county shall pay such the compensation. In case of dispute the procedure for hearing, award, and appeal shall be as set forth in ss. 102.16 to 102.26.

SB21,4311 Section 4311. 303.21 (1) (a) of the statutes is amended to read:

SB21,1609,3 303.21 (1) (a) If an inmate of a state institution, in the performance of assigned work is injured so as to be permanently incapacitated or to have materially reduced earning power, the inmate may, upon being released from such institution, either upon release on parole or extended supervision or upon final discharge, be allowed and paid such compensation as the department of workforce development office of the commissioner of insurance finds the inmate entitled to. The inmate shall be compensated on the same basis as if the injury had been covered by ch. 102, except that the total paid to any inmate may not exceed $10,000 and may be paid in installments. If the injury results from employment in a prison industry, the payment shall be made from the revolving appropriation for its operation. If there is no revolving appropriation, payment shall be made from the general fund. In case of dispute, the procedure for hearing, award, and appeal shall be as set forth in ss. 102.16 to 102.26.

SB21,4312 Section 4312. 304.074 (2) of the statutes is amended to read:

SB21,1609,14 304.074 (2) The department shall charge a reasonable fee as determined by the department to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for probationers, parolees, or persons on extended supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each probationer, parolee, and person on extended supervision. The department shall not charge a fee while the probationer, parolee, or person on extended supervision is exempt under sub. (3). The department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

SB21,4313 Section 4313. 304.074 (3) (intro.) of the statutes is renumbered 304.074 (3) and amended to read:

SB21,1609,21 304.074 (3) The department may decide not to charge waive for a period a fee under sub. (2) to any probationer, parolee or person on extended supervision while he or she meets any of the following conditions: for reasons established under department policy, including if the person is unemployed, has a health issue or is disabled, or is participating in education or treatment-related programming.

SB21,4314 Section 4314. 304.074 (3) (a), (b), (c) and (d) of the statutes are repealed.

SB21,4315 Section 4315. 304.074 (5) of the statutes is amended to read:

SB21,1609,25 304.074 (5) The department shall promulgate rules setting rates under sub. (2) and providing the procedure and timing for collecting fees charged under sub. (2).

SB21,4316 Section 4316. 321.40 (1) (c) 2. of the statutes is amended to read:

SB21,1610,3 321.40 (1) (c) 2. A public institution of higher education under the a Minnesota-Wisconsin student reciprocity agreement under s. 39.47 36.27 (7).

SB21,4317 Section 4317 . 321.60 (1) (a) 4. of the statutes is amended to read:

SB21,1610,10 321.60 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).

SB21,4318 Section 4318 . 321.60 (1) (a) 4. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1610,19 321.60 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 97.33 (2), 97.605 (1) (a) or (b), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), or 343.305 (6) (a) or a permit license for the operation of a campground specified in s. 254.47 (1) 97.67 (1).

SB21,4319 Section 4319. 321.60 (1) (a) 6m. of the statutes is created to read:

SB21,1610,22 321.60 (1) (a) 6m. A license, certification, or permit issued under s. 89.06 or 89.072.

SB21,4320 Section 4320. 321.60 (1) (a) 8. of the statutes is amended to read:

SB21,1610,24 321.60 (1) (a) 8. A license issued under s. 102.17 (1) (c), 104.07, or 105.05.

SB21,4321 Section 4321. 321.60 (1) (a) 12. of the statutes is amended to read:

SB21,1611,4 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, and professional standards under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

SB21,4322 Section 4322. 321.60 (1) (a) 20. of the statutes is amended to read:

SB21,1611,7 321.60 (1) (a) 20. A license issued under s. 102.17 (1) (c), 628.04, 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.

SB21,4323 Section 4323. 321.62 (1) (bm) of the statutes is created to read:

SB21,1611,12 321.62 (1) (bm) "Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district, or school district or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, lake sanitary district, or school district.

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).