Amendment ASA1-AB768

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.

AB768-ASA1, s. 537m Section 537m. 440.08 (4) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,409,19 440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential. This paragraph does not apply to a denial of an application for credential renewal under s. 440.13 (2) (b).

AB768-ASA1, s. 538 Section 538. 440.08 (4) (b) of the statutes is repealed and recreated to read:

AB768-ASA1,409,22 440.08 (4) (b) Applicability. This subsection does not apply to a denial of a credential renewal under s. 440.12 or 440.13 (2) (b).

AB768-ASA1, s. 539 Section 539. 440.12 of the statutes is created to read:

AB768-ASA1,410,4 440.12 Credential denial, nonrenewal and revocation based on tax delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes, as defined in s. 73.0301 (1) (c).

AB768-ASA1, s. 539m Section 539m. 440.13 (1) (a) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 440.01 (2) (bm).

AB768-ASA1, s. 540 Section 540. 441.07 (2) of the statutes is amended to read:

AB768-ASA1,410,10 441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12.

AB768-ASA1, s. 541m Section 541m. 442.12 (7) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,410,17 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 542 Section 542. 443.11 (6) of the statutes is amended to read:

AB768-ASA1,411,3 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12, providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee.

AB768-ASA1, s. 543 Section 543. 443.12 (4) of the statutes is amended to read:

AB768-ASA1,411,8 443.12 (4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under s. 440.12.

AB768-ASA1, s. 544d Section 544d. 445.13 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,411,15 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited or suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 545d Section 545d. 446.05 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,411,22 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 546 Section 546. 447.07 (5) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB768-ASA1,412,4 447.07 (5) The examining board may reinstate a license or certificate that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12.

AB768-ASA1, s. 547g Section 547g. 449.07 (3) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,412,11 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB768-ASA1, s. 548g Section 548g. 452.12 (6) (e) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,412,16 452.12 (6) (e) (intro.) Except as provided in ss. 440.03 (11m) (b), 440.12 and 440.13 (2) (a), the department shall reinstate an inactive licensee's original license as follows: