Amendment ASA1-AB768

AB768-ASA1,394,19 3. The owner has not, by the date specified in the last issued citation that is counted under subd. 1. or, if no date is specified in that citation, within 28 days after the citation is issued, either paid all forfeitures or appeared in court in response to all citations counted under subd. 1. for which the forfeitures have not been paid.

AB768-ASA1,394,21 (b) If the city suspends the registration of a vehicle under par. (a), all of the following apply:

AB768-ASA1,394,23 1. The city may notify the department to refuse the registration of any vehicle owned by the person under s. 341.10 (7r).

AB768-ASA1,395,3 2. The city shall remove the suspension of the vehicle's registration under par. (a) if the owner of the vehicle either pays all forfeitures or appears in court in response to all citations counted under par. (a) 1. for which the forfeitures have not been paid. If a suspension is removed under this subdivision, the department shall be immediately notified in the form and manner prescribed by the department.

AB768-ASA1,395,7 (c) Provisions that specify the responsibilities of the department and of the city with respect to the pilot program, the procedures for record and transaction security, and any fee that the city may assess the owner of a vehicle whose registration is suspended under par. (a).

AB768-ASA1,395,14 (d) Notwithstanding s. 85.13, the department shall charge the city a fee for the cost of the development and operation of the pilot program under this section. The fee shall ensure that payments by the city to the department under this paragraph and s. 85.13 are not less than payments made by the city to the department under s. 85.13 before the effective date of this paragraph .... [revisor inserts date], for comparable periods of time. The department may periodically adjust this fee accordingly or, in lieu of adjusting the fee, may terminate the contract.

AB768-ASA1,395,17 (e) The city may enact and enforce an ordinance that strictly conforms to s. 341.03, except that the ordinance shall apply to motor vehicles whose registration is suspended under par. (a).

AB768-ASA1,395,19 (f) The city may not suspend vehicle registrations under this section after June 30, 2001.

AB768-ASA1, s. 527f Section 527f. 345.37 (2) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,13 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

AB768-ASA1, s. 527g Section 527g. 345.37 (5) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,22 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

AB768-ASA1, s. 527h Section 527h. 345.47 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,8 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

AB768-ASA1, s. 527j Section 527j. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,19 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.

AB768-ASA1, s. 527k Section 527k. 345.47 (1) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,398,11 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB768-ASA1, s. 527m Section 527m. 345.49 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,398,23 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

AB768-ASA1, s. 527n Section 527n. 345.61 (2) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,399,14 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r) and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB768-ASA1, s. 527p Section 527p. 346.17 (2) of the statutes is amended to read:

AB768-ASA1,399,18 346.17 (2) Any person violating ss. 346.05, 346.07 (2) or (3), 346.08 to, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14 to 346.16 may be required to forfeit not less than $30 nor more than $300.

AB768-ASA1, s. 527r Section 527r. 346.17 (2m) of the statutes is created to read:

AB768-ASA1,399,21 346.17 (2m) Any person violating s. 346.10 (1) shall forfeit not less than $60 nor more than $600.

AB768-ASA1, s. 527rm Section 527rm. 346.177 of the statutes is created to read:

AB768-ASA1,400,2 346.177 Railroad crossing improvement assessment for vehicles illegally passing at railroad crossings. (1) Whenever a court imposes a forfeiture under s. 346.17 (2m) for a violation of s. 346.10 (1), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the forfeiture.

AB768-ASA1,400,4 (2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

AB768-ASA1,400,10 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

AB768-ASA1,400,15 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB768-ASA1, s. 527s Section 527s. 346.49 (1) (a) and (b) of the statutes are amended to read:

AB768-ASA1,400,20 346.49 (1) (a) Unless otherwise provided in par. (b) or (c), any person violating s. 346.46 (1), (2m) or (4) or 346.47 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB768-ASA1,400,22 (b) Any operator of a bicycle violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.

AB768-ASA1, s. 527t Section 527t. 346.49 (1g) of the statutes is created to read:

AB768-ASA1,401,2 346.49 (1g) (a) Unless otherwise provided in par. (b), any person violating s. 346.46 (3) shall forfeit not less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200 for the 2nd or subsequent conviction within a year.

AB768-ASA1,401,4 (b) Any operator of a bicycle violating s. 346.46 (3) shall forfeit not more than $40.

AB768-ASA1, s. 527v Section 527v. 346.49 (2) of the statutes, as affected by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,8 346.49 (2) Any person violating s. 346.45, 346.455 or 346.48 may be required to forfeit not less than $30 nor more than $300.

AB768-ASA1, s. 527w Section 527w. 346.49 (2m) (am) of the statutes is created to read:

AB768-ASA1,401,11 346.49 (2m) (am) Any person violating s. 346.45 shall forfeit not less than $60 nor more than $600.

AB768-ASA1, s. 527wm Section 527wm. 346.49 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,15 346.49 (2m) (b) Any operator of a bicycle violating s. 346.44 may be required to forfeit not more than $20 $40.

AB768-ASA1, s. 527x Section 527x. 346.495 (1) of the statutes, as created by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,21 346.495 (1) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am) or (b) for a violation of s. 346.44, 346.45 or 346.46 (3), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the forfeiture.

AB768-ASA1, s. 527yg Section 527yg. 346.65 (2) (b) of the statutes is amended to read:

AB768-ASA1,402,2 346.65 (2) (b) Except as provided in par. (f), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 in a 5-year within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yh Section 527yh. 346.65 (2) (c) of the statutes is amended to read:

AB768-ASA1,402,9 346.65 (2) (c) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 3 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yj Section 527yj. 346.65 (2) (d) of the statutes is amended to read:

AB768-ASA1,402,16 346.65 (2) (d) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 4 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yk Section 527yk. 346.65 (2) (e) of the statutes is amended to read:

AB768-ASA1,402,23 346.65 (2) (e) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than one year in the county jail 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527ym Section 527ym. 346.65 (2c) of the statutes is amended to read:

AB768-ASA1,403,6 346.65 (2c) In sub. (2) (b) to (e), the 5-year or 10-year time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under sub. (2) (b) to (e).

AB768-ASA1, s. 527yp Section 527yp. 346.65 (2j) (b) of the statutes is amended to read:

AB768-ASA1,403,11 346.65 (2j) (b) Except as provided in par. (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total of prior convictions, suspension and revocations counted under s. 343.307 (2) equals 2 in a 5-year within a 10-year period.

AB768-ASA1, s. 527yq Section 527yq. 346.65 (2j) (c) of the statutes is amended to read:

AB768-ASA1,403,16 346.65 (2j) (c) Except as provided in par. (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total of prior convictions, suspensions and revocations counted under s. 343.307 (2) equals 3 or more in a 10-year period.

AB768-ASA1, s. 527ys Section 527ys. 346.65 (2w) of the statutes is amended to read:

AB768-ASA1,404,2 346.65 (2w) In determining the number of prior convictions for purposes of sub. (2j), the court shall count suspensions, revocations and convictions that would be counted under s. 343.307 (2). Revocations, suspensions and convictions arising out of the same incident or occurrence shall be counted as one. The 5-year or 10-year time period shall be measured from the dates of the refusals or violations which resulted in the revocation, suspension or convictions. If a person has a suspension, revocation or conviction for any offense that is counted under s. 343.307 (2), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under this section.

AB768-ASA1, s. 527yu Section 527yu. 346.65 (6) (a) 1. of the statutes is amended to read:

AB768-ASA1,404,15 346.65 (6) (a) 1. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB768-ASA1, s. 527yv Section 527yv. 346.65 (6) (a) 2. of the statutes is amended to read:

AB768-ASA1,404,23 346.65 (6) (a) 2. The court shall order a law enforcement officer to seize a motor vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10) or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 3 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1).

AB768-ASA1, s. 527yw Section 527yw. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB768-ASA1,405,19 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB768-ASA1, s. 527yx Section 527yx. 346.65 (6) (d) of the statutes is amended to read:

AB768-ASA1,406,11 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB768-ASA1, s. 528 Section 528. 348.27 (9m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,406,22 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.

AB768-ASA1, s. 529 Section 529. 350.12 (3j) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,407,4 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10 $12.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and is valid for one year.

AB768-ASA1, s. 530 Section 530. 350.12 (3j) (e) of the statutes is created to read:

AB768-ASA1,407,8 350.12 (3j) (e) 1. The department may appoint any person who is not an employe of the department as the department's agent to issue trail use stickers and collect the fees for these stickers.

AB768-ASA1,407,12 2. Any person, including the department, who issues a trail use sticker shall collect in addition to the fee under par. (b) an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the sticker.

AB768-ASA1,407,15 3. The department shall establish by rule, procedures for issuing trail use stickers, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

AB768-ASA1, s. 531 Section 531. 350.12 (3m) (a) of the statutes is amended to read:

AB768-ASA1,407,20 350.12 (3m) (a) Deposited in the conservation fund. All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under s. 25.29 (1m).

AB768-ASA1, s. 531g Section 531g. 350.12 (4) (b) 1. of the statutes is amended to read:

AB768-ASA1,408,8 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $200 $250 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.

AB768-ASA1, s. 531r Section 531r. 350.12 (4) (bm) 1. of the statutes is amended to read:

AB768-ASA1,408,12 350.12 (4) (bm) 1. The actual cost incurred by the department or the county in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $200 $250 per mile per year under par. (b) 1.

AB768-ASA1, s. 532 Section 532. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and amended to read:

AB768-ASA1,408,21 73.0301 (1) (c) "Liable for delinquent taxes" means that a person has been finally determined to be delinquent in the payment of exhausted all legal remedies to challenge the assertion that the person owes taxes, including penalties, interest, fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and sufficient time has elapsed so that the person remains is delinquent in the payment of those taxes at the time the department requests a certification under s. 440.08 (2r) of liability for delinquent taxes.

AB768-ASA1, s. 533r Section 533r. 440.03 (11m) of the statutes, as created by 1997 Wisconsin Act 231, is repealed.

AB768-ASA1, s. 534 Section 534. 440.03 (12) of the statutes is repealed.

AB768-ASA1, s. 534g Section 534g. 440.035 (5) of the statutes, as created by 1997 Wisconsin Act .... (1997 Senate Bill 494), is repealed.

AB768-ASA1, s. 537 Section 537. 440.08 (2r) of the statutes is repealed.