SB77-SSA1,1653,1914
343.07
(5) Definition. In this section, "qualified instructor" means a person
15employed by a public or private school, holding an operator's license and meeting the
16teaching certification standards of the department of
education public instruction or
17the technical college system board to teach driver education, or an instructor of a
18school licensed under s. 343.61, or a teacher or student teacher in a driver education
19course for teachers conducted by an institution of higher education.
SB77-SSA1,1654,421
343.14
(3) (a) The department shall, as part of the application process, take a
22photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where
23specifically exempted by statute or by rule of the department, no application may be
24processed without the photograph being taken. In the case of renewal licenses, the
25photograph shall be taken once every
4 8 years, and shall coincide with the
1appearance for examination which is required under s. 343.16 (3). The department
2may make provision for issuance of a license without a photograph if the applicant
3is stationed outside the state in military service and in specific situations where the
4department deems such action appropriate.
SB77-SSA1, s. 4076
6Section
4076. 343.16 (1) (c) (intro.) of the statutes is amended to read:
SB77-SSA1,1654,177
343.16
(1) (c)
Driver education course. (intro.) The department may, after
8consultation with the department of
education public instruction and the technical
9college system board, provide for administration of and certification of the results of
10the test of an applicant's knowledge of the traffic laws and ability to read and
11understand highway signs in conjunction with a course in driver education specified
12in this paragraph, by an instructor in that course. The test under this paragraph
13does not include that part of a driver's examination involving the actual
14demonstration of ability to exercise ordinary and reasonable control in the operation
15of a motor vehicle required for the issuance of a license other than an instruction
16permit. The test under this paragraph may be administered and certified by an
17instructor in any of the following:
SB77-SSA1,1654,2019
343.16
(1) (c) 1. A course in driver education in public schools approved by the
20department of
education public instruction.
SB77-SSA1,1654,2422
343.16
(1) (c) 3. A course in driver education in nonpublic and private schools
23that meets the minimum standards set by the department of
education public
24instruction.
SB77-SSA1,1655,16
1343.16
(3) (a)
The Except as provided in s. 343.20 (1) (f), the department shall
2examine every applicant for the renewal of an operator's license once every
4 8 years.
3The department may institute a method of selecting the date of renewal so that such
4examination shall be required for each applicant for renewal of a license to gain a
5uniform rate of examinations. The examination shall consist of a test of eyesight.
6The department shall make provisions for giving such examinations at examining
7stations in each county to all applicants for an operator's license. The person to be
8examined shall appear at the examining station nearest the person's place of
9residence or at such time and place as the department designates in answer to an
10applicant's request. In lieu of examination, the applicant may present or mail to the
11department a report of examination of the applicant's eyesight by an
12ophthalmologist, optometrist or physician licensed to practice medicine. The report
13shall be based on an examination made not more than 3 months prior to the date it
14is submitted. The report shall be on a form furnished and in the form required by
15the department. The department shall decide whether, in each case, the eyesight
16reported is sufficient to meet the current eyesight standards.
SB77-SSA1,1655,2218
343.17
(3) (a) 12. If the person is not the legal drinking age, as defined in s.
19125.02 (8m), at the time of issuance of the license, a distinctive
background color for
20the license document designated appearance specified by the department that
21clearly identifies to the public that the person was not the legal drinking age at the
22time of issuance of the license.
SB77-SSA1,1656,924
343.19
(1) If a license issued under this chapter or an identification card issued
25under s. 343.50 is lost or destroyed or the name or address named in the license or
1identification card is changed or the condition specified in s. 343.17 (3) (a) 12. no
2longer applies, the person to whom the license or identification card was issued may
3obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory
4to the department of name
, and date
and place of birth and that the license or
5identification card has been lost or destroyed or that application for a duplicate
6license or identification card is being made for a change of address or name or
7because the condition specified in s. 343.17 (3) (a) 12. no longer applies. If the original
8license or identification card is found it shall immediately be transmitted to the
9department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.
SB77-SSA1,1656,2111
343.20
(1) (a) Except as otherwise expressly provided in this chapter,
12reinstated licenses, probationary licenses issued under s. 343.085 and original
13licenses other than instruction permits shall expire 2 years from the date of the
14applicant's next birthday. All other licenses and license endorsements shall expire
15 4 8 years after the date of issuance. The department may institute any system of
16initial license issuance which it deems advisable for the purpose of gaining a uniform
17rate of renewals. In order to put such a system into operation, the department may
18issue licenses which are valid for any period less than the ordinary effective period
19of such license. If the department issues a license that is valid for less than the
20ordinary effective period as authorized by this paragraph, the fees due under s.
21343.21 (1) (a), (b) and (d) shall be prorated accordingly.
SB77-SSA1,1657,523
343.20
(1) (f) During the transition to the issuance of renewal licenses under
24par. (a) that are valid for a period of 8 years, the department may issue licenses for
25renewal periods of less than 8 years for the purpose of gaining a uniform rate of
1renewals. The department may process an application under this paragraph by mail
2without requiring an applicant to have his or her photograph taken under s. 343.14
3(3) or to submit to an examination under s. 343.16 (3). If the department issues a
4license under this paragraph, any applicable fees due shall be prorated accordingly.
5This paragraph does not apply after December 31, 2001.
SB77-SSA1,1657,87
343.21
(1) (a) For the initial issuance of a license authorizing only the operation
8of "Class D" motor vehicles,
$15 $18.
SB77-SSA1,1657,1110
343.21
(1) (am) For the renewal of a license authorizing only the operation of
11"Class D" motor vehicles,
$10 $24.
SB77-SSA1,1657,1413
343.21
(1) (b) For the initial issuance
or renewal of authorization to operate
14"Class M" motor vehicles,
$4 $12 in addition to any other fees due.
SB77-SSA1,1657,1716
343.21
(1) (bg) For the renewal of authorization to operate "Class M" motor
17vehicles, $8 in addition to any other fees due.
SB77-SSA1,1657,2319
343.21
(1) (d) For the initial issuance or renewal of authorization to operate
20"Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular
21license which only authorizes the operation of "Class D" motor vehicles,
$32 $64.
22This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D"
23authorization applied for at the same time for which the applicant is qualified.
SB77-SSA1,1657,2525
343.21
(1) (i)
For Except as provided in par. (im), for an instruction permit, $20.
SB77-SSA1,1658,32
343.21
(1) (im) For an instruction permit authorizing the operation of "Class
3M" vehicles, $22.
SB77-SSA1, s. 4099
4Section
4099. 343.38 (2) (intro.) and (a) of the statutes are consolidated,
5renumbered 343.38 (2) and amended to read:
SB77-SSA1,1658,106
343.38
(2) Reinstatement of nonresident's operating privilege after
7revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to
8the laws of this state is reinstated as a matter of law when the period of revocation
9has expired and such nonresident
: (a) Obtains obtains a valid operator's license
in 10issued by the jurisdiction of the nonresident's residence
; and.
SB77-SSA1,1658,2113
343.50
(3) Design and contents of card. The card shall be the same size as
14an operator's license but shall be of a design which is readily distinguishable from
15the design of an operator's license and bear upon it the words "IDENTIFICATION
16CARD ONLY". The information on the card shall be the same as specified under s.
17343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c)
18and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may
19also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i).
20The card shall contain the holder's photograph and, if applicable,
comply with the
21requirement of shall be of the design specified under s. 343.17 (3) (a) 12.
SB77-SSA1,1659,723
343.50
(4) Application. The application for an identification card shall include
24the information required under s. 343.14 (2) (a) and (b) and (2m), such further
25information as the department may reasonably require to enable it to determine
1whether the applicant is entitled by law to an identification card and, for applicants
2who are aged 65 years or older, material, as provided by the department, explaining
3the voluntary program that is specified in s. 71.55 (10) (b). The department shall,
4as part of the application process, take a photograph of the applicant to comply with
5sub. (3).
No Except as provided in sub. (6) (b), no application may be processed
6without the photograph being taken. Misrepresentations are punishable as
7provided in s. 343.14 (5).
SB77-SSA1,1659,129
343.50
(5) Valid period; fees. The fee for an original card and for the
10reinstatement of an identification card after cancellation under sub. (10) shall be
$4
11$12. The card shall be valid for the succeeding period of
4 8 years from the
12applicant's next birthday after the date of issuance.
SB77-SSA1, s. 4104
13Section
4104. 343.50 (6) of the statutes is renumbered 343.50 (6) (a) and
14amended to read:
SB77-SSA1,1659,2115
343.50
(6) (a) At least 30 days prior to the expiration of the card, the
16department shall mail a renewal application to the last-known address of each
17identification card holder. The department shall include with the application
18information, as developed by all organ procurement organizations in cooperation
19with the department, that promotes anatomical donations and which relates to the
20anatomical donation opportunity available under s. 343.175. The fee for a renewal
21identification card shall be
$4 $12, which card shall be valid for
4 8 years.
SB77-SSA1,1660,523
343.50
(6) (b) During the transition to the issuance of renewal identification
24cards under par. (a) that are valid for a period of 8 years, the department may issue
25identification cards for renewal periods of less than 8 years for the purpose of gaining
1a uniform rate of renewals. The department may process an application under this
2paragraph by mail without requiring an applicant to have his or her photograph
3taken to comply with sub. (3). If the department issues a renewal identification card
4under this paragraph, the fee due under par. (a) shall be prorated accordingly. This
5paragraph does not apply after December 31, 2001.
SB77-SSA1,1660,77
343.50
(7) Duplicate. The fee for a duplicate card is
$3 $6.
SB77-SSA1,1660,159
343.60
(1) "Driver school" means the business of giving instruction, for
10compensation, in the driving of motor vehicles, except that it does not include a high
11school or technical college which teaches driver training as part of its regular school
12program and whose course of study in driver training has been approved by the
13department of
education public instruction or technical college system board and it
14does not include an institution of higher learning which teaches driver training as
15part of its teacher training program.
SB77-SSA1,1660,1917
343.61
(3) The required fee for any driver school license, or for any annual
18renewal thereof, is
$25 $75 or, for licenses issued or renewed after August 31, 1998,
19$95.
SB77-SSA1,1660,2221
343.62
(3) The required fee for any instructor's license, or for any annual
22renewal thereof, is
$5 $25.
SB77-SSA1,1661,5
24344.42 Submission of certifications and recertifications by insurers. 25If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34
1that are submitted by an insurer to the department in any year exceeds 1,000, the
2insurer shall pay to the department a transaction fee of $1.50 per certification or
3recertification that is not transmitted electronically to the department. The
4department shall promulgate rules establishing procedures for the collection of
5transaction fees under this section.
SB77-SSA1,1661,147
345.26
(1) (b) 1. If the person makes a deposit for a violation of a traffic
8regulation, the person need not appear in court at the time fixed in the citation, and
9the person will be deemed to have tendered a plea of no contest and submitted to a
10forfeiture and a penalty assessment, if required by s. 165.87,
and a jail assessment,
11if required by s. 302.46 (1),
and a crime laboratories and drug law enforcement
12assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814,
13not to exceed the amount of the deposit that the court may accept as provided in s.
14345.37; and
SB77-SSA1,1661,1916
345.26
(2) (b) In addition to the amount in par. (a), the deposit shall include
17court costs, including any applicable fees prescribed in ch. 814, any applicable
18penalty assessment
and, any applicable jail assessment
and any applicable crime
19laboratories and drug law enforcement assessment.
SB77-SSA1,1662,721
345.36
(2) (b) Deem the nonappearance a plea of no contest and enter judgment
22accordingly. If the defendant has posted bond for appearance at that date, the court
23may also order the bond forfeited. The court shall promptly mail a copy of the
24judgment to the defendant. The judgment shall allow not less than 20 days from the
25date thereof for payment of any forfeiture, penalty assessment, jail assessment
,
1crime laboratories and drug law enforcement assessment and costs imposed. If the
2defendant moves to open the judgment within 20 days after the date set for trial, and
3shows to the satisfaction of the court that the failure to appear was due to mistake,
4inadvertence, surprise or excusable neglect, the court shall open the judgment,
5reinstate the not guilty plea and set a new trial date. The court may impose costs
6under s. 814.07. The court shall immediately notify the department to delete the
7record of conviction based upon the original judgment.
SB77-SSA1,1662,229
345.37
(1) (b) Deem the nonappearance a plea of no contest and enter judgment
10accordingly. If the defendant has posted bond for appearance at that date, the court
11may also order the bond forfeited. The court shall promptly mail a copy or notice of
12the judgment to the defendant. The judgment shall allow not less than 20 days from
13the date thereof for payment of any forfeiture, penalty assessment
, crime
14laboratories and drug law enforcement assessment and costs imposed. If the
15defendant moves to open the judgment within 6 months after the court appearance
16date fixed in the citation, and shows to the satisfaction of the court that the failure
17to appear was due to mistake, inadvertence, surprise or excusable neglect, the court
18shall open the judgment, accept a not guilty plea and set a trial date. The court may
19impose costs under s. 814.07. The court shall immediately notify the department to
20delete the record of conviction based upon the original judgment. If the offense
21involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5)
22(c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
SB77-SSA1,1663,1424
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
25serve as the initial pleading and the defendant shall be deemed to have tendered a
1plea of no contest and submitted to a forfeiture and a penalty assessment, if required
2by s. 165.87,
and a jail assessment, if required by s. 302.46 (1),
and a crime
3laboratories and drug law enforcement assessment, if required by s. 165.755, plus
4costs, including any applicable fees prescribed in ch. 814, not exceeding the amount
5of the deposit. The court may either accept the plea of no contest and enter judgment
6accordingly, or reject the plea and issue a summons under ch. 968. If the defendant
7fails to appear in response to the summons, the court shall issue a warrant under ch.
8968. If the court accepts the plea of no contest, the defendant may move within 6
9months after the date set for the appearance to withdraw the plea of no contest, open
10the judgment and enter a plea of not guilty upon a showing to the satisfaction of the
11court that the failure to appear was due to mistake, inadvertence, surprise or
12excusable neglect. If on reopening the defendant is found not guilty, the court shall
13immediately notify the department to delete the record of conviction based on the
14original proceeding and shall order the defendant's deposit returned.
SB77-SSA1,1663,2116
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
17judgment, the official receiving the forfeiture, the penalty assessment, if required by
18s. 165.87,
and the jail assessment, if required by s. 302.46 (1),
and the crime
19laboratories and drug law enforcement assessment, if required by s. 165.755, shall
20forward to the department a certification of the entry of default judgment or a
21judgment of forfeiture.
SB77-SSA1,1664,223
345.375
(2) Upon default of the defendant corporation or limited liability
24company or upon conviction, judgment for the amount of the forfeiture, the penalty
25assessment, if required under s. 165.87,
and the jail assessment, if required by s.
1302.46 (1),
and the crime laboratories and drug law enforcement assessment, if
2required under s. 165.755, shall be entered.
SB77-SSA1,1664,104
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
5judgment against the defendant for a monetary amount not to exceed the maximum
6forfeiture, penalty assessment, if required by s. 165.87,
and the jail assessment, if
7required by s. 302.46 (1),
and the crime laboratories and drug law enforcement
8assessment, if required by s. 165.755, provided for the violation and for costs under
9s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
10s. 343.30. If the judgment is not paid, the court shall order:
SB77-SSA1,1664,1912
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
13or revocation, that the defendant's operating privilege be suspended for 30 days or
14until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
15and the jail assessment, if required by s. 302.46 (1),
and the crime laboratories and
16drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years.
17Suspension under this paragraph shall not affect the power of the court to suspend
18or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
19operating privilege.
SB77-SSA1,1665,821
345.47
(1) (c) If a court or judge suspends an operating privilege under this
22section, the court or judge shall immediately take possession of the suspended license
23and shall forward it to the department together with the notice of suspension, which
24shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
25assessment, if required by s. 165.87,
and a jail assessment, if required by s. 302.46
1(1),
and a crime laboratories and drug law enforcement assessment, if required by
2s. 165.755, imposed by the court. The notice of suspension and the suspended license,
3if it is available, shall be forwarded to the department within 48 hours after the order
4of suspension. If the forfeiture, penalty assessment
and
, jail assessment
and crime
5laboratories and drug law enforcement assessment are paid during a period of
6suspension, the court or judge shall immediately notify the department. Upon
7receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the
8department shall return the surrendered license.
SB77-SSA1,1665,1410
345.47
(2) The payment of any judgment may be suspended or deferred for not
11more than 60 days in the discretion of the court. In cases where a deposit has been
12made, any forfeitures, penalty assessments, jail assessments
, crime laboratories and
13drug law enforcement assessments and costs shall be taken out of the deposit and
14the balance, if any, returned to the defendant.
SB77-SSA1,1665,2016
345.47
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a
17penalty assessment,
or a jail assessment
or a crime laboratories and drug law
18enforcement assessment for an action brought by a municipality located in more
19than one county, any commitment to a county institution shall be to the county in
20which the action was tried.
SB77-SSA1,1666,422
345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
23forfeiture, a penalty assessment, if required by s. 165.87,
or a jail assessment, if
24required by s. 302.46 (1),
or a crime laboratories and drug law enforcement
25assessment, if required by s. 165.755, may, on request, be allowed to work under s.
1303.08. If the person does work, earnings shall be applied on the unpaid forfeiture,
2penalty assessment
or, jail assessment
or crime laboratories and drug law
3enforcement assessment after payment of personal board and expenses and support
4of personal dependents to the extent directed by the court.
SB77-SSA1,1666,176
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
7nonpayment of a forfeiture, penalty assessment
or, jail assessment
or crime
8laboratories and drug law enforcement assessment may be placed on probation to
9some person satisfactory to the court for not more than 90 days or until the forfeiture,
10penalty assessment
or, jail assessment
or crime laboratories and drug law
11enforcement assessment is paid if that is done before expiration of the 90-day period.
12The payment of the forfeiture, penalty assessment
or, jail assessment
or crime
13laboratories and drug law enforcement assessment during that period shall be a
14condition of the probation. If the forfeiture, penalty assessment
or, jail assessment
15or crime laboratories and drug law enforcement assessment is not paid or the court
16deems that the interests of justice require, probation may be terminated and the
17defendant imprisoned as provided in sub. (1) or s. 345.47.
SB77-SSA1,1667,619
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
20any printed card or other certificate issued by an automobile club, association or
21insurance company to any of its members or insureds, which card or certificate is
22signed by the member or insureds and contains a printed statement that the
23automobile club, association or insurance company and a surety company, or an
24insurance company authorized to transact both automobile liability insurance and
25surety business, guarantee the appearance of the persons whose signature appears
1on the card or certificate and that they will in the event of failure of the person to
2appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
3including the penalty assessment required by s. 165.87
and
, the jail assessment
4required by s. 302.46 (1)
and the crime laboratories and drug law enforcement
5assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as
6provided in sub. (1) (b).
SB77-SSA1,1667,138
346.655
(1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for
9a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s.
10346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle,
11it shall impose a driver improvement surcharge in an amount of
$300 $340 in
12addition to the fine or forfeiture, penalty assessment
and
, jail assessment
and crime
13laboratories and drug law enforcement assessment.