SB70: Bill Text

SB70,1437,3 321.04 (1) (s) 1. By February 1 of each year, submit to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3), and publish on the department's website, an annual report on sexual assault and sexual harassment within the Wisconsin national guard. The report shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature. The report shall include, at a minimum, all of the following information for the prior federal fiscal year:

SB70,1437,14 a. Data regarding all reported incidents of sexual assault and sexual harassment made by members of the Wisconsin national guard during that period, including the numbers of restricted and unrestricted reports of sexual assault and reports of sexual harassment, and historical trends relating to that data for the 5 fiscal years preceding the fiscal year covered in the report. For unrestricted reports of sexual assault and for reports of sexual harassment, the report shall also include all of the following information: the type of conduct that was reported to have occurred; the duty status of the members involved at the time of the incident; information on the status of the report, including whether the case was referred for additional investigation; and a summary of any resolution or discipline taken, including whether criminal charges were referred or filed.

SB70,1437,17 b. A summary of any training relating to preventing and responding to incidents of sexual assault and sexual harassment that was provided to members of the Wisconsin national guard in the preceding year.

SB70,1437,21 c. A summary of any current federal national guard bureau policies relating to preventing and responding to incidents of sexual assault and sexual harassment that were enacted during that period and a description of how those policies are being implemented in the Wisconsin national guard.

SB70,1437,24 d. A summary of the current policies and procedures related to preventing and responding to incidents of sexual assault and sexual harassment in the Wisconsin national guard and any changes made since the prior report.

SB70,1438,3 2. The report under subd. 1. shall protect the privacy of victims of sexual assault and sexual harassment and may not provide any personal identifying information that would allow a victim to be identified.

SB70,2710 Section 2710 . 321.04 (1) (t) of the statutes is created to read:

SB70,1438,8 321.04 (1) (t) Prescribe in writing, make publicly available on the department's website, and implement a policy that ensures that any victim of an offense under the Wisconsin code of military justice is treated with dignity, respect, courtesy, sensitivity, and fairness.

SB70,2711 Section 2711 . 321.04 (1) (u) of the statutes is created to read:

SB70,1438,11 321.04 (1) (u) Prescribe in writing and make publicly available on the department's website the procedures required under s. 322.036.

SB70,2712 Section 2712. 321.37 of the statutes is amended to read:

SB70,1438,23 321.37 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.

SB70,2713 Section 2713. 321.52 of the statutes is created to read:

SB70,1439,4 321.52 Office of homeland security. The office of homeland security shall coordinate with the federal department of homeland security and state and local law enforcement agencies to identify, investigate, assess, report, and share tips and leads linked to emerging homeland security threats.

SB70,2714 Section 2714 . 322.001 (15) of the statutes is amended to read:

SB70,1440,6 322.001 (15) “Military offenses" means those offenses prescribed under articles 77, principals; 78, accessory after the fact; 80, attempts; 81, conspiracy; 82, solicitation; 83, fraudulent enlistment, appointment, or separation; 84, unlawful enlistment, appointment, or separation; 85, desertion; 86, absence without leave; 87, missing movement; 88, contempt toward officials; 89, disrespect towards superior commissioned officer; 90, assaulting or willfully disobeying superior commissioned officer; 91, insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; 92, failure to obey order or regulation; 93, cruelty and maltreatment; 93a, prohibited activities with military recruit or trainee by a person in a position of special trust; 94, mutiny or sedition; 95, resistance, flight, breach of arrest, and escape; 96, releasing prisoner without proper authority; 97, unlawful detention; 98, noncompliance with procedural rules; 99, misbehavior before the enemy; 100, subordinate compelling surrender; 101, improper use of countersign; 102, forcing a safeguard; 103, captured or abandoned property; 104, aiding the enemy; 105, misconduct as prisoner; 107, false official statements; 108, military property — loss, damage, destruction, or wrongful disposition; 109, property other than military property — waste, spoilage, or destruction; 110, improper hazarding of vessel; 111, drunken or reckless operation of a vehicle, aircraft, or vessel; 112, drunk on duty; 112a, wrongful use, or possession of controlled substances; 113, misbehavior of sentinel; 114, dueling; 115, malingering; 116, riot or breach of peace; 117, provoking speeches or gestures; 120, rape and sexual assault generally; 120a, stalking; 120b, rape and sexual assault of a child; 120c, sexual misconduct; 121, larceny and wrongful appropriation; 122, robbery; 123, forgery; 124, maiming; 126, arson; 127, extortion; 128, assault; 129, burglary; 130, housebreaking; 131, perjury; 132, frauds against the government; 132a, retaliation; 133, conduct unbecoming an officer and a gentleman; and; 134, general; and 134h, sexual harassment; of this code.

SB70,2715 Section 2715 . 322.001 (16) of the statutes is repealed.

SB70,2716 Section 2716 . 322.036 of the statutes is amended to read:

SB70,1440,17 322.036 Article 36 — Governor may prescribe regulations Pretrial, trial, and post-trial procedures. Pretrial, trial, and post-trial procedures not specified in this code, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may shall be prescribed by the governor by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code adjutant general in writing and made publicly available on the department of military affairs' website.

SB70,2717 Section 2717 . 322.056 (2) of the statutes is amended to read:

SB70,1440,21 322.056 (2) A conviction by a general court-martial of any military offense for which an accused may receive a sentence of confinement for more than 1 year is a felony offense.

SB70,2718 Section 2718 . 322.056 (5) of the statutes is amended to read:

SB70,1441,2 322.056 (5) The limits of punishment for violations of the punitive sections under Subch. X shall be those under the Uniform Code of Military Justice, unless otherwise prescribed by the governor according to ss. 322.018 to 322.020, but under no instance shall any punishment exceed that authorized by this code.

SB70,2719 Section 2719 . 322.0935 of the statutes is created to read:

SB70,1441,5 322.0935 Article 93a — Prohibited activities with military recruit or trainee by a person in a position of special trust. (1) In this section:

SB70,1441,8 (a) “Applicant for military service” means a person who, under regulations prescribed by the secretary of the relevant military branch, is an applicant for original enlistment or appointment in the state military forces.

SB70,1441,11 (b) “Military recruiter” means a person who, under regulations prescribed by the secretary of the relevant military branch, has the primary duty to recruit persons for military service.

SB70,1441,14 (c) “Prohibited sexual activity” means any sexual act, as defined in s. 322.120 (1) (e), or any sexual contact, as defined in s. 322.120 (1) (f), or any attempt or solicitation to commit a sexual act or sexual contact.

SB70,1441,16 (d) “Specially protected junior member of the state military forces” means any of the following:

SB70,1441,19 1. A member of the state military forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program.

SB70,1441,21 2. A member of the state military forces who is a cadet, candidate, or midshipman, or a student in any other officer qualification program.

SB70,1441,24 3. A member of the state military forces in any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.

SB70,1442,6 (e) “Training leadership position” means, with respect to a specially protected junior member of the state military forces, any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the state military forces, or any program that, by regulation prescribed by the secretary of the relevant military branch, is identified as a training program for initial career qualification.

SB70,1442,10 (2) Any officer, noncommissioned officer, or petty officer who is in a training leadership position and engages in prohibited sexual activity with a specially protected junior member of the state military forces shall be punished as a court-martial may direct.

SB70,1442,14 (3) Any person who is a military recruiter and engages in prohibited sexual activity with an applicant for military service or a specially protected junior member of the state military forces who is enlisted under a delayed entry program shall be punished as a court-martial may direct.

SB70,1442,16 (4) Consent is not a defense for any conduct at issue in a prosecution under this section.

SB70,2720 Section 2720 . 322.120 (1) (a) of the statutes is repealed.

SB70,2721 Section 2721 . 322.120 (3) (a) (intro.) of the statutes is amended to read:

SB70,1442,20 322.120 (3) (a) (intro.) Commits a sexual act upon another person without consent by doing any of the following:

SB70,2722 Section 2722 . 322.120 (3) (b) of the statutes is renumbered 322.120 (3) (b) (intro.) and amended to read:

SB70,1442,24 322.120 (3) (b) (intro.) Commits a sexual act upon another person when under one of the following circumstances:

SB70,1443,2 2. When the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring.

SB70,2723 Section 2723 . 322.120 (3) (b) 1. of the statutes is created to read:

SB70,1443,4 322.120 (3) (b) 1. Without the consent of the other person.

SB70,2724 Section 2724 . 322.1325 of the statutes is created to read:

SB70,1443,6 322.1325 Article 132a — Retaliation. (1) In this section:

SB70,1443,7 (a) “Protected communication” means any of the following:

SB70,1443,9 1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general.

SB70,1443,17 2. A communication to a member of the U.S. department of defense or the U.S. national guard bureau, a law enforcement officer, a state agency, a legislative service agency, a person in the chain of command, or a court-martial proceeding in which a member of the state military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of a law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

SB70,1443,19 (b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

SB70,1443,24 (2) Any person who, with intent to retaliate against any person for reporting or planning to report a criminal or military offense or for making or planning to make a protected communication, or with intent to discourage any person from reporting a criminal or military offense or making a protected communication, does any of the following shall be punished as a court-martial may direct:

SB70,1444,2 (a) Wrongfully takes or threatens to take an adverse personnel action against any person.

SB70,1444,4 (b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.

SB70,2725 Section 2725 . 322.133 of the statutes is amended to read:

SB70,1444,9 322.133 Article 133 — Conduct unbecoming an officer and a gentleman. Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

SB70,2726 Section 2726 . 322.1345 of the statutes is created to read:

SB70,1444,14 322.1345 Article 134h — Sexual harassment. Any person who knowingly makes an unwelcome sexual advance, demand, or request for a sexual favor or knowingly engages in other unwelcome conduct of a sexual nature shall be punished as a court-martial may direct if all of the following apply:

SB70,1444,16 (1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions:

SB70,1444,22 (a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person's job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements.

SB70,1444,25 (b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment.

SB70,1445,3 (2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both.

SB70,2727 Section 2727. 323.19 (3) and (4) of the statutes are repealed.

SB70,2728 Section 2728. 341.085 (1) of the statutes is amended to read:

SB70,1445,9 341.085 (1) The department shall inspect all ambulances prior to issuing an original or renewal registration to determine that the vehicles meet requirements specified by law or administrative rule as to specifications, medical equipment, supplies, and sanitation.

SB70,2729 Section 2729. 341.085 (1m) of the statutes is created to read:

SB70,1445,14 341.085 (1m) Prior to the department issuing an original or renewal registration for an ambulance under sub. (1), the department of health services shall inspect the ambulance to determine whether the vehicle meets requirements specified by law or administrative rule as to medical equipment.

SB70,2730 Section 2730. 341.085 (2) of the statutes is amended to read:

SB70,1445,21 341.085 (2) The department may adopt rules necessary for administration of this section and prescribe ambulance service equipment and standards therefor, except that any ambulance which does not conform to rules adopted by the department may be used until December 30, 1979. The department of health services may adopt rules necessary to administer sub. (1m) and establish ambulance medical equipment standards.

SB70,2731 Section 2731. 341.13 (5) of the statutes is created to read:

SB70,1446,2 341.13 (5) A hybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. b., or a nonhybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. c., shall bear decals issued by the department to indicate that the vehicle is an electric vehicle. The decals shall be displayed as provided in s. 341.15 (1m) (c).

SB70,2732 Section 2732 . 341.14 (1a), (1e) (a), (1m) and (1q) of the statutes are amended to read:

SB70,1446,23 341.14 (1a) If any resident of this state, who is registering or has registered an automobile, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home, submits a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice registered nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying to the department that the resident is a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the disabled person plates of a special design in lieu of plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is owned by a nonveteran disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee shall be made for the issuance or renewal of such plates.

SB70,1447,18 (1e) (a) If any resident of this state, who is registering or has registered a motorcycle, submits a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice registered nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, from a Christian Science practitioner residing in this state and listed in the Christian Science journal, or from the U.S. department of veterans affairs certifying to the department that the resident is a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the disabled person a plate of a special design in lieu of the plate which ordinarily would be issued for the motorcycle, and shall renew the plate. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice registered nurse, public health nurse, physician assistant, podiatrist, chiropractor, practitioner, or U.S. department of veterans affairs as to the duration of the disability. The plate shall be so designed as to readily apprise law enforcement officers of the fact that the motorcycle is owned by a disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plate.

SB70,1448,13 (1m) If any licensed driver submits to the department a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from a public health nurse certified or licensed to practice in any state, from an advanced practice registered nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying that another person who is regularly dependent on the licensed driver for transportation is a person with a disability that limits or impairs the ability to walk, the department shall issue and deliver to the licensed driver plates of a special design in lieu of the plates which ordinarily would be issued for the automobile or motor truck, dual purpose motor home or dual purpose farm truck having a gross weight of not more than 8,000 pounds, farm truck having a gross weight of not more than 12,000 pounds or motor home, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is operated by a licensed driver on whom a disabled person is regularly dependent and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plates. The plates shall conform to the plates required in sub. (1a).

SB70,1449,7 (1q) If any employer who provides an automobile, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home, for an employee's use submits to the department a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice registered nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying that the employee is a person with a disability that limits or impairs the ability to walk, the department shall issue and deliver to such employer plates of a special design in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is operated by a disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plates. The plates shall conform to the plates required in sub. (1a).

SB70,2733 Section 2733 . 341.14 (6r) (f) 60. of the statutes is amended to read:

SB70,1449,11 341.14 (6r) (f) 60. Persons interested in expressing their support of a major league professional baseball team that uses as its home field baseball park facilities that are constructed under subch. III of ch. 229.

SB70,2734 Section 2734. 341.15 (1m) (a) of the statutes is amended to read:

SB70,1449,15 341.15 (1m) (a) Except as provided in par. (b) or (c), any registration decal or tag issued by the department shall be placed on the rear registration plate of the vehicle in the manner directed by the department.

SB70,2735 Section 2735. 341.15 (1m) (c) of the statutes is created to read:

SB70,1449,19 341.15 (1m) (c) Decals issued by the department to indicate that a vehicle is an electric vehicle shall be displayed on the registration plates attached to the front and the rear of the vehicle.

SB70,2736 Section 2736. 341.26 (8) of the statutes is created to read:

SB70,1449,24 341.26 (8) Electric vehicles. A registration fee of $1 shall be paid to the department for the issuance of the decals required under s. 341.13 (5) for a hybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. b., or a nonhybrid electric vehicle, as defined under s. 341.25 (1) (L) 1. c.

SB70,2737 Section 2737 . 343.03 (3m) of the statutes is amended to read:

SB70,1450,8 343.03 (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.

SB70,2738 Section 2738. 343.03 (3r) of the statutes is amended to read:

SB70,1450,17 343.03 (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.

SB70,2739 Section 2739. 343.06 (1) (c) of the statutes is amended to read:

SB70,1451,18 343.06 (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) (a) 5., (bm), and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.