AB64: Bill Text

AB64,1885 Section 1885. 304.06 (1x) of the statutes is amended to read:

AB64,819,14 304.06 (1x) The parole commission department 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).

AB64,1886 Section 1886. 304.06 (2) of the statutes is amended to read:

AB64,819,19 304.06 (2) No prisoner under sub. (1) may be paroled until the parole commission department is satisfied that the prisoner has adequate plans for suitable employment or to otherwise sustain himself or herself. The paroled prisoner shall report to the department in such manner and at such times as it requires.

AB64,1887 Section 1887. 304.06 (2m) (d) (intro.) of the statutes is amended to read:

AB64,819,23 304.06 (2m) (d) (intro.) The parole commission or the department shall determine a prisoner's county of residence for the purposes of this subsection by doing all of the following:

AB64,1888 Section 1888. 304.06 (2m) (d) 1. of the statutes is amended to read:

AB64,820,4 304.06 (2m) (d) 1. The parole 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.

AB64,1889 Section 1889. 304.06 (2m) (d) 2. of the statutes is amended to read:

AB64,820,9 304.06 (2m) (d) 2. The parole 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.

AB64,1890 Section 1890. 304.071 (1) of the statutes is amended to read:

AB64,820,24 304.071 (1) The parole commission department may at any time grant a parole 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 to the department, if the prisoner or person on probation or parole is eligible for induction into the U.S. armed forces. The suspension of parole or probation shall be for the duration of his or her service in the armed forces; and the parole 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 or probation by the department, the department shall issue an order setting forth the conditions under which the parole or probation is suspended, including instructions as to where and when and to whom the person on parole shall report upon discharge from the armed forces.

AB64,1891 Section 1891. 323.13 (1) (g) of the statutes is created to read:

AB64,821,16 323.13 (1) (g) Notify the joint committee on finance in writing of the specific costs incurred as a result of the activation of the state emergency operations center under sub. (2) (i) for more than 36 hours. The adjutant general shall include in that notification information concerning all costs incurred for equipment and supplies obtained to assist local units of government and local law enforcement in responding to a disaster, overtime costs for division personnel, and meals for personnel staffing the emergency operations center. The requested costs shall be paid from the appropriation under s. 20.465 (3) (u) if the cochairpersons of the joint committee on finance fail to notify the adjutant general within 14 working days after the date of the adjutant general's notification under this paragraph that the committee has scheduled a meeting to review the adjutant general's request. If, within 14 working days after the date of the adjutant general's notification under this paragraph, the cochairpersons of the committee notify the adjutant general that the committee has scheduled a meeting to review the adjutant general's request, the requested costs may be paid from the appropriation under s. 20.465 (3) (u) only as approved by the committee.

AB64,1892 Section 1892. 323.13 (2) (i) of the statutes is created to read:

AB64,821,19 323.13 (2) (i) Operate a state emergency operations center during a state of emergency declared under s. 323.10.

AB64,1893 Section 1893. 323.62 of the statutes is created to read:

AB64,821,24 323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.

AB64,1894 Section 1894. 341.14 (6r) (b) 10. of the statutes is amended to read:

AB64,822,12 341.14 (6r) (b) 10. An additional fee of $25 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 the special group specified under par. (f) 57. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 57. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision, in excess of $27,600 for the initial costs of production of the special group plate under par. (f) 57., shall be credited to the appropriation account under s. 20.435 (1) 20.395 (5) (gi). To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB64,1895 Section 1895. 341.14 (6r) (b) 11. of the statutes is amended to read:

AB64,822,25 341.14 (6r) (b) 11. An additional fee of $25 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 the special group specified under par. (f) 58. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 58. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision, in excess of $43,200 for the initial costs of production of the special group plate under par. (f) 58., shall be credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).

AB64,1896 Section 1896. 343.14 (2) (gh) of the statutes is amended to read:

AB64,823,4 343.14 (2) (gh) A question as to whether the applicant wishes to designate an additional $2 to support the efforts of Donate Life Wisconsin for the purposes described under s. 250.17 (1) 341.14 (8w).

AB64,1897 Section 1897. 343.21 (1) (o) of the statutes is amended to read:

AB64,823,10 343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g) 20.395 (5) (gj).

AB64,1898 Section 1898. 346.95 (1m) of the statutes is created to read:

AB64,823,13 346.95 (1m) Any person violating s. 346.89 (1) or (3) (a) may be required to forfeit not less than $40 nor more than $400.

AB64,1899 Section 1899. 346.95 (2) of the statutes is amended to read:

AB64,823,16 346.95 (2) Any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more than $400.

AB64,1900 Section 1900. 348.105 (4) of the statutes is amended to read:

AB64,823,23 348.105 (4) An application for a permit shall be made to the department using an electronic application process established by the department. The department shall charge a fee of $1,800 for a permit. All moneys received from fees imposed by the department under this subsection shall be deposited in the general transportation fund and credited to the appropriation account under s. 20.395 (5) (dg).

AB64,1901 Section 1901. 440.023 of the statutes is created to read:

AB64,824,2 440.023 Occupational license review council. (1) Definitions:. In this section:

AB64,824,3 (a) “Council” means the occupational license review council.

AB64,824,4 (b) “Occupational license” means any of the following:

AB64,824,6 1. A license, permit, certification, registration, or other approval granted under s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.

AB64,824,11 2. A license, permit, certification, registration, or other approval not included under subd. 1., if granted to a person by this state in order that the person may engage in a profession, occupation, or trade in this state or in order that the person may use one or more titles in association with his or her profession, occupation, or trade.

AB64,824,17 (2) Report. No later than December 31, 2018, the council shall submit a report to the governor, the chief of the legislative reference bureau, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). In preparing the report, the council shall take into account the impact the council estimates its recommendations will have on state revenues and expenditures. The report shall include all of the following:

AB64,824,19 (a) The council's recommendations for the elimination of occupational licenses based on all of the following:

AB64,824,23 1. The council's evaluation of whether the unregulated practice of the profession, occupation, or trade can clearly harm or endanger the health, safety, or welfare of the public, and whether the potential for the harm is recognizable and not remote or speculative.

AB64,824,25 2. The council's evaluation of whether the public reasonably benefits from the occupational license requirement.

AB64,825,2 3. The council's evaluation of whether the public can be effectively protected by any means other than requiring an occupational license.

AB64,825,4 3. The council's analysis of whether licensure requirements for the regulated profession, occupation, or trade exist in other states.

AB64,825,6 4. The council's estimate of the number of individuals or entities that are affected by the occupational license requirement.

AB64,825,11 5. The council's estimate of the total financial burden imposed on individuals or entities as a result of the occupational licensure requirement, including education or training costs, examination fees, private credential fees, occupational license fees imposed by the state, and other costs individuals or entities incur in order to obtain the required occupational license.

AB64,825,13 6. Any statement or analysis provided by the agency or board administering the occupation license.

AB64,825,16 (b) The council's recommendations for the reduction or elimination of continuing education requirements for occupational licenses not recommended for elimination under par. (a).

AB64,825,18 (3) Legislative action. (a) The legislative reference bureau shall prepare legislation that gives effect to the council's recommendations under sub. (2).

AB64,825,24 (b) A bill prepared under par. (a) shall be introduced without change in each house of the legislature by the joint committee on legislative organization and shall be put on the calendar or referred to the appropriate scheduling committee of each house, except that the joint committee on legislative organization may submit the bill or a suitable portion of the bill to an appropriate legislative committee for advisory recommendations.

AB64,826,2 (c) A bill introduced under par. (b) may not be amended, and the legislature shall take final action on the bill no later than June 30, 2019.

AB64,826,3 (d) A bill introduced under par. (b) is not subject to s. 13.093 (1).

AB64,1902 Section 1902. 440.023 of the statutes, as created by 2017 Wisconsin Act .... (this act), is repealed.

AB64,1903 Section 1903. 440.03 (1c) of the statutes is created to read:

AB64,826,18 440.03 (1c) The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

AB64,1904 Section 1904. 440.03 (4m) of the statutes is created to read:

AB64,826,23 440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64,1905 Section 1905. 440.03 (14) (em) of the statutes is created to read:

AB64,827,5 440.03 (14) (em) The department may, in addition to or in lieu of any disciplinary action under par. (e), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subsection or any rule promulgated under par. (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1906 Section 1906 . 440.03 (16) of the statutes is amended to read:

AB64,827,10 440.03 (16) Annually, the department shall distribute the form developed by the medical and optometry examining boards under 2001 Wisconsin Act 16, section 9143 (3c), to all school districts and charter schools that offer kindergarten, to be used by pupils to provide evidence of eye examinations under s. 118.135.

AB64,1907 Section 1907 . 440.032 (title) of the statutes is repealed.

AB64,1908 Section 1908 . 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.) and amended to read:

AB64,827,14 459.40 Definitions. (intro.) In this section subchapter:

AB64,1909 Section 1909 . 440.032 (1) (a) of the statutes is renumbered 459.40 (1).

AB64,1910 Section 1910 . 440.032 (1) (b) of the statutes is repealed.

AB64,1911 Section 1911 . 440.032 (1) (c) of the statutes is renumbered 459.40 (3).

AB64,1912 Section 1912. 440.032 (1) (d) of the statutes is renumbered 459.40 (4) and amended to read:

AB64,828,2 459.40 (4) “Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other another similar nationally recognized certification organization, or a successor program administered by the department of health services.

AB64,1913 Section 1913 . 440.032 (2) of the statutes is renumbered 459.41, and 459.41 (1), (2) (intro.) and (c) and (3), as renumbered, are amended to read:

AB64,828,8 459.41 (1) Except as provided in pars. (b) and (c) subs. (2) and (3), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department examining board under sub. (3) s. 459.42.

AB64,828,10 (2) (intro.) No license is required under this subsection sub. (1) for any of the following:

AB64,828,15 (c) A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision paragraph does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.

AB64,828,22 (3) (a) The council examining board may grant a temporary exemption from the requirement under sub. (1) to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council examining board may not grant an individual more than 2 temporary exemptions under this subdivision paragraph per year.

AB64,829,2 (b) The council examining board may grant a temporary or permanent exemption from the requirement under sub. (1) to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council examining board or for persons specified by the council examining board.

AB64,1914 Section 1914 . 440.032 (3) of the statutes is renumbered 459.42, and 459.42 (1) (a) (intro.) and 3., (b) and (c) and (2) (a) (intro.), (b) (intro.) and (c), as renumbered, are amended to read:

AB64,829,12 459.42 (1) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:

AB64,829,15 3. Any valid certification granted by any other organization that the department examining board determines is substantially equivalent to a certification specified in subd. 1. a. or b. or 2.

AB64,829,21 (b) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under s. 440.03 (9) (a), if the applicant has a certification specified in subd. 1. a. par. (a) 1. and if the applicant provides to the department examining board satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.

AB64,830,6 (c) The department examining board shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in subd. 1. par. (a) (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department examining board that the applicant holds one of the certifications specified in subd. 1. a., b., or c. par. (a) 1., 2., or 3., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.

AB64,830,11 (2) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB64,830,17 (b) (intro.) The department examining board shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a) sub. (1), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB64,830,19 (c) A license granted under subd. 1. or 2. par. (a) or (b) may be renewed twice and is not valid upon the expiration of the 2nd renewal period.

AB64,1915 Section 1915 . 440.032 (4) of the statutes is renumbered 459.44 and amended to read:

AB64,831,2 459.44 Notification required. A person who is licensed under sub. (3) s. 459.42 shall notify the department examining board in writing within 30 days if the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license is revoked or invalidated. The department examining board shall revoke a license granted under sub. (3) s. 459.42 if such a certification or membership is revoked or invalidated.

AB64,1916 Section 1916 . 440.032 (5) of the statutes is renumbered 459.43 and amended to read:

AB64,831,11 459.43 License renewal. The renewal dates date for licenses granted under sub. (3) (a) are s. 459.42 (1) is specified in s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department examining board on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department examining board that the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license has not been revoked or invalidated.

AB64,1917 Section 1917 . 440.032 (6) (intro.) of the statutes is renumbered 459.45 (1) (intro.) and amended to read:

AB64,831,15 459.45 (1) Council. (intro.) The council Subject to sub. (2), the examining board shall do all of the following: