AB50: Bill Text

AB50,2600 Section 2600. 302.114 (9) (ag) of the statutes is amended to read:

AB50,1290,15 302.114 (9) (ag) In this subsection “reviewing authority” has the meaning given in s. 302.113 (9) (ag) 1.

AB50,2601 Section 2601. 302.27 (1) of the statutes is amended to read:

AB50,1290,23 302.27 (1) The department may contract with a local unit of government, as defined in s. 16.957 (1) (k), for temporary housing or detention in county jails, county houses of correction, or tribal jails for persons placed on probation or sentenced to imprisonment in state prisons or to the intensive sanctions program. The rate under any such contract may not exceed $60 $80 per person per day. Nothing in this subsection limits the authority of the department to place persons in jails under s. 301.048 (3) (a) 1.

AB50,2602 Section 2602. 302.31 (7) of the statutes is amended to read:

AB50,1291,6 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 years of age minors, and persons who have attained the age of 17 years but have not attained adults under the age of 25 years who are under the supervision of the department under s. 938.355 (4) and who have been taken into custody pending revocation of community supervision or aftercare supervision under s. 938.357 (5) (e).

AB50,2603 Section 2603. 302.43 of the statutes is amended to read:

AB50,1291,22 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB50,2604 Section 2604. 304.072 (4) of the statutes is amended to read:

AB50,1292,4 304.072 (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.

AB50,2605 Section 2605. 321.37 of the statutes is amended to read:

AB50,1292,16 321.37 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.

AB50,2606 Section 2606. 321.40 (1) (a) of the statutes is renumbered 321.40 (1) (ar).

AB50,2607 Section 2607. 321.40 (1) (d) of the statutes is renumbered 321.40 (1) (am) and amended to read:

AB50,1292,21 321.40 (1) (am) “Tuition Educational grant” means any tuition cost payment made by the department under sub. (3).

AB50,2608 Section 2608. 321.40 (2) (intro.), (e) and (f) of the statutes are amended to read:

AB50,1293,2 321.40 (2) Eligible guard member. (intro.) Eligibility for a tuition an educational grant under this section is limited to a guard member who is not:

AB50,1293,4 (e) Failing to achieve satisfactory academic progress in a qualifying school when the tuition educational grant is applied for.

AB50,1293,6 (f) Failing to be an actively drilling guard member when the tuition educational grant is applied for.

AB50,2609 Section 2609. 321.40 (3) (title), (a), (b) (intro.), (c) and (d) of the statutes are amended to read:

AB50,1293,21 321.40 (3) (title) Tuition Educational grants. (a) Any eligible guard member enrolled in a full-time or part-time course in a qualifying school may apply for a tuition an educational grant equal to 100 percent of the actual tuition charged by the school or 100 percent of the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for a comparable number of credits, whichever amount is less. In calculating the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for purposes of this paragraph, the department shall include in the calculation all additional tuition established or approved by the Board of Regents of the University of Wisconsin System under s. 36.27 (1) (a) for undergraduate students at the University of Wisconsin-Madison and for students enrolled in a particular undergraduate academic program at the University of Wisconsin-Madison if the eligible guard member is enrolled in the same or equivalent program.

AB50,1293,22 (b) (intro.) Application for tuition educational grants shall:

AB50,1294,6 (c) Except as provided under par. (d), upon determination that the applicant is eligible to receive the payment, the department shall make payment of the tuition educational grant, on behalf of the applicant, to the qualifying school in which the applicant is enrolled in the amount determined under par. (a). Notwithstanding par. (b) 2., the department shall rely on a qualifying school’s certification in determining that an applicant is eligible under sub. (2) (e) to receive the payment and the department shall make the payment not later than 30 days after the department receives the certification.

AB50,1294,8 (d) Tuition Educational grants under this section shall be paid out of the appropriation under s. 20.465 (2) (a).

AB50,2610 Section 2610. 321.40 (3) (e) and (f) of the statutes are created to read:

AB50,1294,11 321.40 (3) (e) In calculating the amount of tuition charged under par. (a), all of the following apply:

AB50,1294,15 1. For a University of Wisconsin System institution, tuition includes academic fees, as defined in s. 36.27 (3n) (a) 1g., for a resident student or nonresident tuition, as defined in s. 36.27 (3p) (a) 1m., for a nonresident student, as well as segregated fees under s. 36.27 (6).

AB50,1294,17 2. For a technical college, tuition includes program fees under s. 38.24 (1m) and incidental fees under s. 38.14 (9).

AB50,1294,21 (f) 1. Except as provided in subd. 2., an educational grant under this section shall be paid in full and no other award of financial aid to an eligible guard member who receives an educational grant under this section may be reduced because of the educational grant.

AB50,1294,24 2. This paragraph does not apply to the extent it would result in an overaward of financial assistance in violation of federal law or regulation or would violate the terms of a donation agreement for a privately funded grant or scholarship.

AB50,2611 Section 2611. 321.40 (4) (a) (intro.), 2., 3. and 4. and (b) of the statutes are amended to read:

AB50,1295,5 321.40 (4) (a) (intro.) The department shall require a guard member who has received a tuition an educational grant under this section to repay the amount of the tuition educational grant to the department if any of the following applies:

AB50,1295,7 2. The guard member is not a member in good standing in the national guard at the end of the term for which the tuition educational grant is paid.

AB50,1295,9 3. The guard member has failed to be an actively drilling guard member at the end of the term for which the tuition educational grant is paid.

AB50,1295,11 4. The guard member has failed to achieve satisfactory academic progress at the end of the term for which the tuition educational grant is paid.

AB50,1295,15 (b) 1. A qualifying school that receives payment of a tuition an educational grant on behalf of a guard member under sub. (3) (c) shall notify the department if the guard member has failed to achieve satisfactory academic progress at the end of the term for which the tuition educational grant is paid.

AB50,1295,23 2. If a guard member is required to repay a tuition an educational grant for any of the reasons specified in par. (a), the department may require the qualifying school that received the tuition educational grant on behalf of the guard member to recover from the guard member the amount of the tuition educational grant and remit it to the department. A qualifying school may take any reasonable action to secure repayment of the amount of a tuition an educational grant under this subdivision, including placing a hold on course registration or on the awarding of a degree or certificate, undertaking collection efforts, or initiating legal action.

AB50,2612 Section 2612. 321.40 (5) of the statutes is amended to read:

AB50,1296,3 321.40 (5) Limitations. (a) No guard member is eligible for a tuition an educational grant under this section for more than 120 credits of part-time study or 8 full semesters of full-time study or the equivalent thereof.

AB50,1296,9 (b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition educational grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition educational grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (3) (d) and par. (a).

AB50,1296,11 (c) No guard member may receive a tuition an educational grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2).

AB50,1296,14 (d) No guard member may receive a tuition an educational grant under this section unless he or she is a member in good standing in the national guard at the time of application for the tuition educational grant.

AB50,2613 Section 2613. 321.40 (6) of the statutes is amended to read:

AB50,1296,18 321.40 (6) Coordination with qualifying schools. The department shall consult and coordinate with qualifying schools in establishing a process for distributing tuition educational grants that accomplishes all of the following:

AB50,1296,20 (a) Maximizes administrative efficiency for qualifying schools in applying tuition educational grants to student accounts.

AB50,1296,23 (b) Provides tuition educational grants to students in an expeditious manner that minimizes students’ need to incur debt while waiting for the grants to fund in their student accounts.

AB50,2614 Section 2614. 323.19 (3) and (4) of the statutes are repealed.

AB50,2615 Section 2615. 323.31 of the statutes is amended to read:

AB50,1297,21 323.31 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 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. Costs eligible for payment under this section shall include the categories of work designated by the federal emergency management agency’s public assistance program as Category D, regarding water control facilities; Category E, regarding public buildings and contents; Category F, regarding public utilities; and Category G, regarding parks, recreation, and other facilities. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.

AB50,2616 Section 2616. 341.14 (1a) of the statutes is amended to read:

AB50,1298,18 341.14 (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, from a physical therapist licensed to practice 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.

AB50,2617 Section 2617. 341.14 (1e) (a) of the statutes is amended to read:

AB50,1299,17 341.14 (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 physical therapist licensed to practice 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, physical therapist, 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.

AB50,2618 Section 2618. 341.14 (1m) of the statutes is amended to read:

AB50,1300,15 341.14 (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, from a physical therapist licensed to practice 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).

AB50,2619 Section 2619. 341.14 (1q) of the statutes is amended to read:

AB50,1301,12 341.14 (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 physical therapist 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).

AB50,2620 Section 2620. 341.14 (6r) (b) 23. of the statutes is created to read:

AB50,1302,2 341.14 (6r) (b) 23. In addition to the fee under subd. 2., a voluntary payment of $25 shall be collected in connection with the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 70. In addition to the fee under subd. 2., a voluntary payment of $50 shall be collected in connection with the issuance or renewal of a plate issued on a biennial basis for the special group specified under par. (f) 70. 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. No plate may be issued for the special group specified under par. (f) 70. unless the voluntary payment under this subdivision is collected. All moneys received under this subdivision, in excess of $23,700 or the actual initial costs of production for the special group plates under par. (f) 70., whichever is less, shall be deposited in the transportation fund.

AB50,2621 Section 2621. 341.14 (6r) (b) 24. of the statutes is created to read:

AB50,1302,16 341.14 (6r) (b) 24. In addition to the fee under subd. 2., a voluntary payment of $25 shall be collected in connection with the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 71. In addition to the fee under subd. 2., a voluntary payment of $50 shall be collected in connection with the issuance or renewal of a plate issued on a biennial basis for the special group specified under par. (f) 71. 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. No plate may be issued for the special group specified under par. (f) 71. unless the voluntary payment under this subdivision is collected. All moneys received under this subdivision, in excess of $23,700 or the actual initial costs of production for the special group plates under par. (f) 71., whichever is less, shall be deposited in the transportation fund.

AB50,2622 Section 2622. 341.14 (6r) (cb) of the statutes is created to read:

AB50,1302,21 341.14 (6r) (cb) Notwithstanding par. (c), special group plates issued under par. (f) 70. shall have a black background and white lettering displaying the word “Wisconsin” and identifying letters or numbers or both, not exceeding 7 positions and not less than one position.

AB50,2623 Section 2623. 341.14 (6r) (cr) of the statutes is created to read:

AB50,1303,3 341.14 (6r) (cr) Notwithstanding par. (c), special group plates issued under par. (f) 71. shall have a yellow background and black lettering displaying the words “America’s Dairyland” and “Wisconsin” and identifying letters or numbers or both, not exceeding 7 positions and not less than one position.

AB50,2624 Section 2624. 341.14 (6r) (e) of the statutes is amended to read:

AB50,1303,21 341.14 (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., 70., and 71., for each professional football team under par. (f) 55., for each professional baseball team under par. (f) 60., and for each professional basketball team under par. (f) 65. 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 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.

AB50,2625 Section 2625. 341.14 (6r) (f) 70. of the statutes is created to read:

AB50,1304,2 341.14 (6r) (f) 70. Persons interested in obtaining blackout registration plates.

AB50,2626 Section 2626. 341.14 (6r) (f) 71. of the statutes is created to read:

AB50,1304,4 341.14 (6r) (f) 71. Persons interested in obtaining retro registration plates.

AB50,2627 Section 2627. 341.14 (6r) (fm) 7. of the statutes is amended to read:

AB50,1304,13 341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 15m., 15n., 15o., 15p., 15q., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., 61r., 62., 63., 64., 65., 65m., 66., 67., 68., and 69., 70., and 71.

AB50,2628 Section 2628. 342.14 (1) of the statutes is amended to read:

AB50,1304,16 342.14 (1) For filing an application for the first certificate of title, $157 $277, by the owner of the vehicle.

AB50,2629 Section 2629. 342.14 (3) of the statutes is amended to read:

AB50,1304,21 342.14 (3) For a certificate of title after a transfer, $157 $277, by the owner of the vehicle, except that this fee shall be waived with respect to an application for transfer of a decedent’s interest in a vehicle to his or her surviving domestic partner under ch. 770 or an immediate family member.

AB50,2630 Section 2630. 343.03 (3m) of the statutes is amended to read:

AB50,1305,7 343.03 (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.

AB50,2631 Section 2631. 343.03 (3r) of the statutes is amended to read:

AB50,1305,17 343.03 (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.

AB50,2632 Section 2632. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. and amended to read:

AB50,1306,7 343.14 (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.

AB50,2633 Section 2633. 343.14 (2) (br) 2. of the statutes is created to read:

AB50,1306,16 343.14 (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.

AB50,2634 Section 2634. 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:

AB50,1306,23 343.14 (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:

AB50,2635 Section 2635. 343.14 (2) (es) 2m. of the statutes is created to read:

AB50,1307,5 343.14 (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).