AB68: Bill Text

AB68,2749 Section 2749. 304.06 (1) (b) of the statutes is amended to read:

AB68,1434,4 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135 , or 973.018, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25 percent of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or, (2), or (3) (b) or (c), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), or reduction under s. 973.018, if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB68,2750 Section 2750. 304.06 (3) of the statutes is renumbered 304.06 (3) (a) and amended to read:

AB68,1434,8 304.06 (3) (a) Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department.

AB68,1434,13 (b) If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the alleged violation. If the department is satisfied that any condition or rule of parole has been violated it shall afford the prisoner such administrative hearings as are required by law.

AB68,1434,17 (c) Unless waived by the parolee, the final administrative hearing shall be held before a hearing examiner from the division of hearings and appeals in the department of administration who is licensed to practice law in this state. The hearing examiner shall enter an order revoking or not revoking parole under par. (g).

AB68,1434,19 (d) Upon request by either party, the administrator of the division of hearings and appeals in the department of administration shall review the order.

AB68,1434,22 (e) The hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) in a hearing under this subsection.

AB68,1434,24 (f) If the parolee waives the final administrative hearing, the secretary of corrections shall enter an order revoking or not revoking parole.

AB68,1435,7 (g) If the hearing examiner, the administrator upon review, or the secretary in the case of a waiver finds that the prisoner has violated the rules or conditions of parole, the examiner, the administrator upon review, or the secretary in the case of a waiver, may order the prisoner returned to prison to continue serving his or her sentence, or to continue on parole. The hearing examiner, administrator, or secretary may not revoke parole under this subsection unless one of the following applies:

AB68,1435,10 (h) If the prisoner claims or appears to be indigent, the department shall refer the prisoner to the authority for indigency determinations specified under s. 977.07 (1).

AB68,2751 Section 2751 . 304.06 (3) (g) 1. to 5. of the statutes are created to read:

AB68,1435,13 304.06 (3) (g) 1. The person has committed 3 or more independent violations while released on parole.

AB68,1435,15 2. The condition that the person violated was a condition that the person not contact any specified individual.

AB68,1435,16 3. The person was required to register as a sex offender under s. 301.45.

AB68,1435,18 4. When the person violated the condition of parole, the person also allegedly committed a crime.

AB68,1435,20 5. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,2752 Section 2752 . 304.06 (3g) of the statutes is repealed.

AB68,2753 Section 2753. 304.071 (2) of the statutes is amended to read:

AB68,1435,25 304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats., or s. 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or , (1g), or (3) (c), or 973.032 (5), he or she is not eligible for parole under this section.

AB68,2754 Section 2754. 304.072 (4) of the statutes is amended to read:

AB68,1436,6 304.072 (4) The sentence of a revoked parolee or person on extended supervision resumes running on the day he or she is received at a correctional institution subject to sentence credit for the period of custody in a jail, correctional institution or any other detention facility pending revocation according to the terms of s. 973.155 and subject to earned compliance credit under s. 973.156.

AB68,2755 Section 2755. 321.37 of the statutes is amended to read:

AB68,1436,18 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person's gender identity.

AB68,2756 Section 2756. 321.40 (1) (c) 2. of the statutes is amended to read:

AB68,1436,23 321.40 (1) (c) 2. A public institution of higher education under the Minnesota-Wisconsin Minnesota-University of Wisconsin System student reciprocity agreement under s. 36.27 (2r) or a public vocational school under the Minnesota-Wisconsin public vocational school reciprocity agreement under s. 39.47.

AB68,2757 Section 2757. 323.14 (1m) of the statutes is created to read:

AB68,1437,6 323.14 (1m) Considerations in federal hazard mitigation planning. If a city, village, town, or county develops a mitigation plan under 42 U.S.C. 5165, the city, village, town, or county shall consider the effects of climate change on the natural hazards, risks, and vulnerabilities of the city, village, town, or county and consider actions that may assist in mitigating the effects of climate change on these hazards, risks, and vulnerabilities.

AB68,2758 Section 2758. 323.29 (3) (a) of the statutes is renumbered 323.29 (3) (a) (intro.) and amended to read:

AB68,1437,9 323.29 (3) (a) (intro.) The department shall provide do all of the following:

AB68,1437,10 1. Provide staff support for the council and oversight of.

AB68,1437,12 3. Oversee the development and operation of a any current or future statewide public safety interoperable communication system.

AB68,2759 Section 2759. 323.29 (3) (a) 2. of the statutes is created to read:

AB68,1437,15 323.29 (3) (a) 2. Administer any current or future statewide public safety interoperable communication system.

AB68,2760 Section 2760. 323.29 (3) (b) 3. of the statutes is created to read:

AB68,1437,19 323.29 (3) (b) 3. Enter into agreements for maintenance and support of, upgrades to, and enhancements for the statewide public safety interoperable communication system under this section.

AB68,2761 Section 2761. 323.31 of the statutes is amended to read:

AB68,1438,11 323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster , including costs incurred for approved hazard mitigation measures after a disaster, if federal disaster assistance is not available for that disaster because the governor's request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.

AB68,2762 Section 2762. 323.72 (title) of the statutes is amended to read:

AB68,1438,14 323.72 (title) Structural collapse Urban search and rescue emergency response.

AB68,2763 Section 2763. 323.72 (1) of the statutes is amended to read:

AB68,1439,11 323.72 (1) A regional structural collapse team An urban search and rescue task force designated by the division shall assist in the at the discretion of the division in an emergency response to a structural collapse incident in a region of this state designated by the division involving search, rescue, and recovery in the technical rescue disciplines to include structural collapse, rope rescue, vehicle extrication, machinery extrication, confined space, trench, excavation, and water operations in an urban search and rescue environment. Whenever a regional structural collapse team an urban search and rescue task force assists in an emergency response under this subsection, it the division shall determine under the rules promulgated under sub. (5) whether an emergency requiring the team's urban search and rescue task force's response existed. If the regional structural collapse team division determines that such an emergency existed, it shall make a good faith effort to identify the person who is required to reimburse the division under sub. (3) and shall provide that information to the division. The division shall contract with local agencies, as defined in s. 323.70 (1) (b), to establish no more than 4 regional structural collapse teams an urban search and rescue task force. A member of a regional structural collapse team an urban search and rescue task force shall meet the highest training, competency, and job performance requirement standards for a structural collapse team search and rescue task force under the National Fire Protection Association standards NFPA 472, 1006, and 1670, and the urban search and rescue standard by the Emergency Management Accreditation program ANSI/EMAP US&R 2-2019.

AB68,2764 Section 2764 . 323.72 (2) of the statutes is amended to read:

AB68,1440,2 323.72 (2) The From the appropriation under s. 20.465 (3) (h) or (hm), the division shall reimburse a regional structural collapse team local agency under sub. (1) for costs incurred by the team local agency in responding to an emergency involving a structural collapse incident if the team determines that a structural collapse emergency requiring a an urban search and rescue task force response existed as provided under the rules promulgated under sub. (5) if the division determines that such a response was necessary. Reimbursement under this subsection is limited to amounts collected under sub. (3). Reimbursement under this subsection is available only if the regional structure collapse team has identified the person who is required to reimburse the division under sub. (3) and provided that information to the division shall be issued to the local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the agency applies for reimbursement within 45 days after the conclusion of the deployment of the urban search and rescue task force.

AB68,2765 Section 2765 . 323.72 (2m) of the statutes is created to read:

AB68,1440,9 323.72 (2m) From the appropriation under s. 20.465 (3) (hm), the division shall reimburse a local agency under sub. (1) for costs incurred by the local agency for any increase in contributions for duty disability premiums under s. 40.05 (2) (aw) for employees who receive duty disability benefits under s. 40.65 because of an injury incurred while performing duties as a member of an urban search and rescue task force under sub. (1).

AB68,2766 Section 2766. 323.72 (3) of the statutes is amended to read:

AB68,1440,15 323.72 (3) A person shall reimburse the division for costs incurred by a regional structural collapse team an urban search and rescue task force in responding to an emergency if the team division determines under the rules promulgated under sub. (5) that an emergency requiring the team's urban search and rescue task force's response existed and that one of the following conditions applies:

AB68,1440,17 (a) The person possessed or controlled a structure property that was involved in the structural collapse emergency.

AB68,1440,18 (b) The person caused the structural collapse emergency.

AB68,2767 Section 2767. 323.72 (4) of the statutes is amended to read:

AB68,1440,22 323.72 (4) A member of a regional structural collapse team an urban search and rescue task force who is acting under a contract under sub. (1) is considered an employee of the state for purposes of worker's compensation benefits.

AB68,2768 Section 2768. 323.72 (5) of the statutes is repealed.

AB68,2769 Section 2769. 323.72 (7) of the statutes is created to read:

AB68,1441,4 323.72 (7) In this section, “urban search and rescue task force” means a type 1 urban search and rescue task force, type 3 urban search and rescue task force, or any component thereof, as designated by the Federal Emergency Management Agency National Incident Management System resource typing system.

AB68,2770 Section 2770. 341.135 of the statutes is renumbered 341.135 (1) and amended to read:

AB68,1441,24 341.135 (1) Design. At intervals determined by the department, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified in this section subsection shall be as similar in appearance as practicable during each design interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each design interval shall be of the design established under this section subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2010. Notwithstanding s. 341.13 (3), as the department establishes new designs for registration plates under this section, the department shall, at the time determined appropriate by the department, issue registration plates of the new design to replace registration plates previously issued. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m., 33m., and 48m.

AB68,2771 Section 2771. 341.135 (2) of the statutes is created to read:

AB68,1442,7 341.135 (2) Issuance. Notwithstanding s. 341.13 (3), beginning with registrations initially effective July 1, 2021, upon receipt of a completed application to renew the registration of a vehicle under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) for which a registration plate has not been issued during the previous 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB68,2772 Section 2772. 341.135 (3) of the statutes is created to read:

AB68,1442,10 341.135 (3) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m., 33m., or 48m.

AB68,2773 Section 2773. 341.16 (2s) of the statutes is created to read:

AB68,1442,15 341.16 (2s) When the owner of a vehicle applies to the department to renew the registration of a vehicle for which new plates are required under s. 341.135 (2), and upon payment of a fee of $6.25, the department shall issue new replacement plates. Upon receipt of replacement plates, the applicant shall destroy the replaced plates.

AB68,2774 Section 2774. 341.255 (3) of the statutes is created to read:

AB68,1442,19 341.255 (3) For each vehicle registration renewal notice that is provided by mail under s. 341.08 (4m), the department shall charge the recipient a fee of $0.33. All fees received under this subsection shall be deposited in the transportation fund.

AB68,2775 Section 2775 . 343.03 (3m) of the statutes is amended to read:

AB68,1443,3 343.03 (3m) Noncitizen limited-term license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 2. to 7. 1m. b. to g. or (im) 2m. b., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as limited term or, if the license authorizes the operation of a commercial motor vehicle, as a nondomiciled license. This noncitizen limited-term license may not be renewed except as provided in s. 343.165 (4) (c). A nondomiciled license may not be issued to a resident of Canada or Mexico.

AB68,2776 Section 2776. 343.03 (3r) of the statutes is amended to read:

AB68,1443,12 343.03 (3r) Real ID Noncompliant license. If any license described under sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in addition to any legend or label described in sub. (3), be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the license is issued in accordance with P.L. 109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose. Section 344.62 applies to a person operating a motor vehicle under the authorization of a license issued under this subsection.

AB68,2777 Section 2777. 343.06 (1) (c) of the statutes is amended to read:

AB68,1444,13 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of “Class M" vehicles unless the person has successfully completed a basic rider course approved by the Wisconsin department of transportation motorcycle safety program. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and, (c), and (cm) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB68,2778 Section 2778. 343.085 (2) (d) of the statutes is created to read:

AB68,1444,16 343.085 (2) (d) Any person providing the department with documentary proof that the person is enlisted in the U.S. armed forces is exempt from this section.

AB68,2779 Section 2779. 343.14 (1) of the statutes is amended to read:

AB68,1444,25 343.14 (1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by all required fees. Notwithstanding s. 343.50 (8) (b), names Names, addresses, license numbers, and social security numbers obtained by the department under this subsection shall be provided to the department of revenue for the purpose of administering ss. 71.93 and 71.935 and state taxes and to the department of workforce development for the sole purpose of enforcing or administering s. 108.22.

AB68,2780 Section 2780. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. and amended to read:

AB68,1445,12 343.14 (2) (br) 1. If Except as provided in subd. 2., if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph subdivision is invalid if the statement is false.

AB68,2781 Section 2781 . 343.14 (2) (br) 2. of the statutes is created to read:

AB68,1445,21 343.14 (2) (br) 2. If the applicant does not have a social security number and the application is for an operator's license that contains the marking specified in s. 343.03 (3r) or an identification card that contains the marking specified in s. 343.50 (3) (b), a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department, with the assistance of the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this subdivision is invalid if the statement is false.

AB68,2782 Section 2782 . 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., and 343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read:

AB68,1446,2 343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), and except as provided in subd. 2m., valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States or has any of the following:

AB68,2783 Section 2783 . 343.14 (2) (es) 2m. of the statutes is created to read:

AB68,1446,7 343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if the application is for an operator's license that contains the marking specified in s. 343.03 (3r) or an identification card that contains the marking specified in s. 343.50 (3) (b).

AB68,2784 Section 2784 . 343.14 (2j) of the statutes is amended to read:

AB68,1446,21 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, to the driver licensing agency of another jurisdiction, or to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae). The department of transportation may not disclose to any person the fact that an applicant has provided verification under s. 343.165 (7) (c) 2. that the applicant does not have a social security number, except to the elections commission for purposes of administering the agreement described in s. 5.056.

AB68,2785 Section 2785 . 343.14 (2p) of the statutes is created to read:

AB68,1447,2 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

AB68,1447,8 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

AB68,2786 Section 2786. 343.14 (3) of the statutes is amended to read: