AB768-ASA1,400,4
3(2) If a forfeiture is suspended in whole or in part, the railroad crossing
4improvement assessment shall be reduced in proportion to the suspension.
AB768-ASA1,400,10
5(3) If any deposit is made for an offense to which this section applies, the person
6making the deposit shall also deposit a sufficient amount to include the railroad
7crossing improvement assessment under this section. If the deposit is forfeited, the
8amount of the railroad crossing improvement assessment shall be transmitted to the
9state treasurer under sub. (4). If the deposit is returned, the amount of the railroad
10crossing improvement assessment shall also be returned.
AB768-ASA1,400,15
11(4) The clerk of the circuit court shall collect and transmit to the county
12treasurer the railroad crossing improvement assessment as required under s. 59.40
13(2) (m). The county treasurer shall then pay the state treasurer as provided in s.
1459.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this
15subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
AB768-ASA1, s. 527s
16Section 527s. 346.49 (1) (a) and (b) of the statutes are amended to read:
AB768-ASA1,400,2017
346.49
(1) (a) Unless otherwise provided in par. (b) or (c), any person violating
18s. 346.46
(1), (2m) or (4) or 346.47 may be required to forfeit not less than $20 nor
19more than $40 for the first offense and not less than $50 nor more than $100 for the
202nd or subsequent conviction within a year.
AB768-ASA1,400,2221
(b) Any operator of a bicycle violating s. 346.46
(1), (2m) or (4) may be required
22to forfeit not more than $20.
AB768-ASA1,401,224
346.49
(1g) (a) Unless otherwise provided in par. (b), any person violating s.
25346.46 (3) shall forfeit not less than $40 nor more than $80 for the first offense and
1not less than $100 nor more than $200 for the 2nd or subsequent conviction within
2a year.
AB768-ASA1,401,43
(b) Any operator of a bicycle violating s. 346.46 (3) shall forfeit not more than
4$40.
AB768-ASA1,401,87
346.49
(2) Any person violating s.
346.45, 346.455 or 346.48 may be required
8to forfeit not less than $30 nor more than $300.
AB768-ASA1,401,1110
346.49
(2m) (am) Any person violating s. 346.45 shall forfeit not less than $60
11nor more than $600.
AB768-ASA1,401,1514
346.49
(2m) (b) Any operator of a bicycle violating s. 346.44 may be required
15to forfeit not more than
$20 $40.
AB768-ASA1,401,2118
346.495
(1) If a court imposes a forfeiture under s. 346.49
(1g) or (2m) (a)
, (am)
19or (b) for a violation of s. 346.44
, 346.45 or 346.46 (3), the court shall also impose a
20railroad crossing improvement assessment equal to 50% of the amount of the
21forfeiture.
AB768-ASA1,402,223
346.65
(2) (b) Except as provided in par. (f), shall be fined not less than $300
24nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months
25if the total number of suspensions, revocations and convictions counted under s.
1343.307 (1) equals 2
in a 5-year within a 10-year period. Suspensions, revocations
2or convictions arising out of the same incident or occurrence shall be counted as one.
AB768-ASA1,402,94
346.65
(2) (c) Except as provided in par. (f), shall be fined not less than $600
5nor more than $2,000 and imprisoned for not less than 30 days nor more than one
6year in the county jail if the total number of suspensions, revocations and convictions
7counted under s. 343.307 (1) equals 3
in a 10-year period, except that suspensions,
8revocations or convictions arising out of the same incident or occurrence shall be
9counted as one.
AB768-ASA1,402,1611
346.65
(2) (d) Except as provided in par. (f), shall be fined not less than $600
12nor more than $2,000 and imprisoned for not less than 60 days nor more than one
13year in the county jail if the total number of suspensions, revocations and convictions
14counted under s. 343.307 (1) equals 4
in a 10-year period, except that suspensions,
15revocations or convictions arising out of the same incident or occurrence shall be
16counted as one.
AB768-ASA1,402,2318
346.65
(2) (e) Except as provided in par. (f), shall be fined not less than $600
19nor more than $2,000 and imprisoned for not less than 6 months nor more than
one
20year in the county jail 5 years if the total number of suspensions, revocations and
21convictions counted under s. 343.307 (1) equals 5 or more
in a 10-year period, except
22that suspensions, revocations or convictions arising out of the same incident or
23occurrence shall be counted as one.
AB768-ASA1,403,6
1346.65
(2c) In sub. (2) (b) to (e), the
5-year or 10-year time period shall be
2measured from the dates of the refusals or violations that resulted in the revocation
3or convictions. If a person has a suspension, revocation or conviction for any offense
4under a local ordinance or a state statute of another state that would be counted
5under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior
6suspension, revocation or conviction under sub. (2) (b) to (e).
AB768-ASA1,403,118
346.65
(2j) (b) Except as provided in par. (d), shall be fined not less than $300
9nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months
10if the total of prior convictions, suspension and revocations counted under s. 343.307
11(2) equals 2
in a 5-year within a 10-year period.
AB768-ASA1,403,1613
346.65
(2j) (c) Except as provided in par. (d), shall be fined not less than $600
14nor more than $2,000 and imprisoned for not less than 30 days nor more than one
15year in the county jail if the total of prior convictions, suspensions and revocations
16counted under s. 343.307 (2) equals 3 or more
in a 10-year period.
AB768-ASA1,404,218
346.65
(2w) In determining the number of prior convictions for purposes of sub.
19(2j), the court shall count suspensions, revocations and convictions that would be
20counted under s. 343.307 (2). Revocations, suspensions and convictions arising out
21of the same incident or occurrence shall be counted as one. The
5-year or 10-year
22time period shall be measured from the dates of the refusals or violations which
23resulted in the revocation, suspension or convictions. If a person has a suspension,
24revocation or conviction for any offense that is counted under s. 343.307 (2), that
1suspension, revocation or conviction shall count as a prior suspension, revocation or
2conviction under this section.
AB768-ASA1,404,154
346.65
(6) (a) 1. Except as provided in this paragraph, the court may order a
5law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
6seized, shall order a law enforcement officer to equip the motor vehicle with an
7ignition interlock device or immobilize any motor vehicle owned by the person whose
8operating privilege is revoked under s. 343.305 (10) or who committed a violation of
9s. 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
10the person whose operating privilege is revoked under s. 343.305 (10) or who is
11convicted of the violation has 2 prior suspensions, revocations or convictions
within
12a 10-year period that would be counted under s. 343.307 (1). The court shall not
13order a motor vehicle equipped with an ignition interlock device or immobilized if
14that would result in undue hardship or extreme inconvenience or would endanger
15the health and safety of a person.
AB768-ASA1,404,2317
346.65
(6) (a) 2. The court shall order a law enforcement officer to seize a motor
18vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10)
19or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
20or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under
21s. 343.305 (10) or who is convicted of the violation has 3 or more prior suspensions,
22revocations or convictions
within a 10-year period that would be counted under s.
23343.307 (1).
AB768-ASA1,405,19
1346.65
(6) (a) 2m. A person who owns a motor vehicle subject to seizure,
2equipping with an ignition interlock device or immobilization under this paragraph
3shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
4for every motor vehicle owned by the person. The person shall comply with this
5subdivision within 5 working days after receiving notification of this requirement
6from the district attorney. When a district attorney receives a copy of a notice of
7intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has
82 or more convictions, suspensions or revocations
within a 5-year period, as counted
9under s. 343.307 (1), or when a district attorney notifies the department of the filing
10of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney
11shall notify the person of the requirement to surrender all certificates of title to the
12clerk of circuit court. The notification shall include the time limits for that surrender,
13the penalty for failure to comply with the requirement and the address of the clerk
14of circuit court. The clerk of circuit court shall promptly return each certificate of title
15surrendered to the clerk of circuit court under this subdivision after stamping the
16certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
17ownership of this motor vehicle may not be transferred without prior court approval".
18Any person failing to surrender a certificate of title as required under this
19subdivision shall forfeit not more than $500.
AB768-ASA1,406,1121
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
22proving to a reasonable certainty by the greater weight of the credible evidence that
23the motor vehicle is a motor vehicle owned by a person who committed a violation of
24s. 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,
25if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions
1or revocations
within a 10-year period, as counted under s. 343.307 (1) or, if the
2seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations
3within a 10-year period, as counted under s. 343.307 (1). If the
owner of the motor
4vehicle proves by a preponderance of the evidence that he or she was not convicted
5of 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
6(1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior
7convictions, suspensions or revocations within a 10-year period as counted under s.
8343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions,
9suspensions or revocations within a 10-year period as counted under s. 343.307 (1) 10state fails to meet the burden of proof required under this paragraph, the motor
11vehicle shall be returned to the owner upon the payment of storage costs.
AB768-ASA1,406,2214
348.27
(9m) (a) 3. Bulk potatoes from storage facilities to food processing
15facilities in vehicles or vehicle combinations that exceed the maximum gross weight
16limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under
17this subdivision is
not valid on
USH 51 between STH 64 near Merrill and STH 29
18south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29
19south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage,
20Waushara, Marquette and Columbia counties highways designated as part of the
21national system of interstate and defense highways, except to the extent permitted
22by federal law without any loss or reduction of federal aid or other sanction.
AB768-ASA1,407,4
1350.12
(3j) (b) The fee for a trail use sticker issued for a snowmobile that is
2exempt from registration under sub. (2) (b) or (bn) is
$10 $12.25. A trail use sticker
3issued for such a snowmobile may be issued only by the department
and persons
4appointed by the department and is valid for one year.
AB768-ASA1,407,86
350.12
(3j) (e) 1. The department may appoint any person who is not an
7employe of the department as the department's agent to issue trail use stickers and
8collect the fees for these stickers.
AB768-ASA1,407,129
2. Any person, including the department, who issues a trail use sticker shall
10collect in addition to the fee under par. (b) an issuing fee of 75 cents. The agent may
11retain 50 cents of the issuing fee to compensate the agent for the agent's services in
12issuing the sticker.
AB768-ASA1,407,1513
3. The department shall establish by rule, procedures for issuing trail use
14stickers, and the department may promulgate rules regulating the activities of
15persons who are authorized to be agents under this paragraph.
AB768-ASA1,407,2017
350.12
(3m) (a)
Deposited in the conservation fund. All moneys
that are 18collected under this section
and that are not issuing fees retained by agents
19appointed by the department shall be deposited in the conservation fund and
20credited to the snowmobile account established under s. 25.29 (1m).
AB768-ASA1,408,822
350.12
(4) (b) 1. State aids and funds for maintenance costs shall be 100% of
23the actual cost of maintaining the trail per year up to a
$200 $250 per mile per year
24maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails
25approved by the board as snowmobile trails. State aid for development may equal
1100% of development expenses. Aids for major reconstruction or rehabilitation
2projects to improve bridges may equal 100% of eligible costs. Aids for trail
3rehabilitation may equal 100% of eligible costs. Development shall begin the same
4year the land is acquired. Moneys available for development shall be distributed on
5a 100% grant basis, 75% at the time of approval but no later than January 1 and 25%
6upon completion of the project. A county application may include a request for
7development, rehabilitation or maintenance of trails, or any combination thereof.
8Trail routes, sizes and specifications shall be prescribed only by the board.
AB768-ASA1,408,1210
350.12
(4) (bm) 1. The actual cost incurred by the department or the county in
11maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal
12year exceeds the maximum of
$200 $250 per mile per year under par. (b) 1.
AB768-ASA1, s. 532
13Section
532. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and
14amended to read:
AB768-ASA1,408,2115
73.0301
(1) (c) "Liable for delinquent taxes" means that a person has
been 16finally determined to be delinquent in the payment of
exhausted all legal remedies
17to challenge the assertion that the person owes taxes, including penalties, interest,
18fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and
sufficient time has elapsed
19so that the person
remains is delinquent in the payment of those taxes
at the time
20the department requests a certification under s. 440.08 (2r) of liability for delinquent
21taxes.
AB768-ASA1, s. 534g
1Section 534g. 440.035 (5) of the statutes, as created by 1997 Wisconsin Act ....
2(1997 Senate Bill 494), is repealed.
AB768-ASA1, s. 537m
4Section 537m. 440.08 (4) (a) of the statutes, as affected by 1997 Wisconsin Act
5.... (Senate Bill 494), is amended to read:
AB768-ASA1,409,196
440.08
(4) (a)
Generally. If the department or the interested examining board
7or affiliated credentialing board, as appropriate, determines that an applicant for
8renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable
9requirement for renewal established under chs. 440 to 480 or that the denial of an
10application for renewal of a credential is necessary to protect the public health, safety
11or welfare, the department, examining board or affiliated credentialing board may
12summarily deny the application for renewal by mailing to the holder of the credential
13a notice of denial that includes a statement of the facts or conduct that warrant the
14denial and a notice that the holder may, within 30 days after the date on which the
15notice of denial is mailed, file a written request with the department to have the
16denial reviewed at a hearing before the department, if the department issued the
17credential, or before the examining board or affiliated credentialing board that
18issued the credential.
This paragraph does not apply to a denial of an application for
19credential renewal under s. 440.13 (2) (b).
AB768-ASA1, s. 538
20Section
538. 440.08 (4) (b) of the statutes is repealed and recreated to read:
AB768-ASA1,409,2221
440.08
(4) (b)
Applicability. This subsection does not apply to a denial of a
22credential renewal under s. 440.12 or 440.13 (2) (b).
AB768-ASA1,410,4
24440.12 Credential denial, nonrenewal and revocation based on tax
25delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to
1issuance or renewal of a credential, the department shall deny an application for an
2initial credential or credential renewal or revoke a credential if the department of
3revenue certifies under s. 73.0301 that the applicant or credential holder is liable for
4delinquent taxes, as defined in s. 73.0301 (1) (c).
AB768-ASA1, s. 539m
5Section 539m. 440.13 (1) (a) of the statutes, as created by 1997 Wisconsin Act
6.... (Senate Bill 494), is renumbered 440.01 (2) (bm).
AB768-ASA1,410,108
441.07
(2) The board may reinstate a revoked license, no earlier than one year
9following revocation, upon receipt of an application for reinstatement.
This
10subsection does not apply to a license that is revoked under s. 440.12.
AB768-ASA1, s. 541m
11Section 541m. 442.12 (7) of the statutes, as affected by 1997 Wisconsin Act ....
12(Senate Bill 494), is amended to read:
AB768-ASA1,410,1713
442.12
(7) Upon application in writing and after hearing pursuant to notice,
14issue a new license to a licensee whose license has been revoked, reinstate a revoked
15certificate or modify the suspension of any license or certificate which has been
16suspended. This subsection does not apply to a license or certificate that is
17suspended under s. 440.13 (2) (c)
or that is revoked under s. 440.12.
AB768-ASA1,411,319
443.11
(6) The examining board, for reasons the interested section considers
20sufficient, may reissue a certificate of registration or a certificate of record to any
21person, or a certificate of authorization to any corporation, whose certificate has been
22revoked,
except for a certificate revoked under s. 440.12, providing 3 members of the
23architect section, 3 members of the landscape architect section, 3 members of the
24geologist section or 3 members of the engineer section of the examining board vote
25in favor of such reissuance. A new certificate of registration, certificate of record or
1certificate of authorization, to replace any certificate revoked, lost, destroyed or
2mutilated may be issued, subject to the rules of the examining board and the
3payment of the required fee.
AB768-ASA1,411,85
443.12
(4) The section, for reasons it deems sufficient, may reinstate a
6certificate of registration that has been revoked, if 3 members vote in favor of such
7reinstatement.
This subsection does not apply to a certificate of registration that is
8revoked under s. 440.12.
AB768-ASA1, s. 544d
9Section 544d. 445.13 (2) of the statutes, as affected by 1997 Wisconsin Act ....
10(Senate Bill 494), is amended to read:
AB768-ASA1,411,1511
445.13
(2) No reprimand or order limiting, suspending or revoking a license,
12certificate of registration or permit, or no assessment of forfeiture, shall be made
13until after a hearing conducted by the examining board. This subsection does not
14apply to a license, certificate of registration or permit that is limited or suspended
15under s. 440.13 (2) (c)
or that is revoked under s. 440.12.
AB768-ASA1, s. 545d
16Section 545d. 446.05 (2) of the statutes, as affected by 1997 Wisconsin Act ....
17(Senate Bill 494), is amended to read:
AB768-ASA1,411,2218
446.05
(2) Upon application and satisfactory proof that the cause of such
19revocation or suspension no longer exists, the examining board may reinstate any
20license or registration suspended or revoked by it. This subsection does not apply to
21a license or registration that is suspended under s. 440.13 (2) (c)
or that is revoked
22under s. 440.12.
AB768-ASA1, s. 546
23Section
546. 447.07 (5) of the statutes, as affected by 1997 Wisconsin Act ....
24(Assembly Bill 273), is amended to read:
AB768-ASA1,412,4
1447.07
(5) The examining board may reinstate a license or certificate that has
2been voluntarily surrendered or revoked on terms and conditions that it considers
3appropriate.
This subsection does not apply to a license that is revoked under s.
4440.12.
AB768-ASA1, s. 547g
5Section 547g. 449.07 (3) of the statutes, as affected by 1997 Wisconsin Act ....
6(Senate Bill 494), is amended to read:
AB768-ASA1,412,117
449.07
(3) Upon application and satisfactory proof that the cause of such
8revocation or suspension no longer exists, the examining board may reinstate any
9license or registration by it suspended or revoked. This subsection does not apply to
10a license or registration that is suspended under s. 440.13 (2) (c)
or that is revoked
11under s. 440.12.
AB768-ASA1, s. 548g
12Section 548g. 452.12 (6) (e) (intro.) of the statutes, as affected by 1997
13Wisconsin Act .... (Senate Bill 494), is amended to read:
AB768-ASA1,412,1614
452.12
(6) (e) (intro.) Except as provided in ss. 440.03 (11m) (b)
, 440.12 and
15440.13 (2) (a), the department shall reinstate an inactive licensee's original license
16as follows:
AB768-ASA1,412,20
18452.18 Court review. Orders Except as provided in s. 73.0301 (2) (b) 1. a. and
192., orders of the board and department shall be subject to review as provided in ch.
20227.