AB100: Bill Text Engrossed

AB100-engrossed, s. 4087 Section 4087. 343.21 (1) (a) of the statutes is amended to read:

AB100-engrossed,1916,21 343.21 (1) (a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $15 $18.

AB100-engrossed, s. 4088 Section 4088. 343.21 (1) (am) of the statutes is amended to read:

AB100-engrossed,1916,24 343.21 (1) (am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $10 $24.

AB100-engrossed, s. 4089 Section 4089. 343.21 (1) (b) of the statutes is amended to read:

AB100-engrossed,1917,2 343.21 (1) (b) For the initial issuance or renewal of authorization to operate "Class M" motor vehicles, $4 $12 in addition to any other fees due.

AB100-engrossed, s. 4090 Section 4090. 343.21 (1) (bg) of the statutes is created to read:

AB100-engrossed,1917,5 343.21 (1) (bg) For the renewal of authorization to operate "Class M" motor vehicles, $8 in addition to any other fees due.

AB100-engrossed, s. 4091 Section 4091. 343.21 (1) (d) of the statutes is amended to read:

AB100-engrossed,1917,11 343.21 (1) (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $32 $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.

AB100-engrossed, s. 4092 Section 4092. 343.21 (1) (i) of the statutes is amended to read:

AB100-engrossed,1917,13 343.21 (1) (i) For Except as provided in par. (im), for an instruction permit, $20.

AB100-engrossed, s. 4093 Section 4093. 343.21 (1) (im) of the statutes is created to read:

AB100-engrossed,1917,16 343.21 (1) (im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.

AB100-engrossed, s. 4093mc Section 4093mc. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB100-engrossed,1917,20 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB100-engrossed, s. 4093mf Section 4093mf. 343.21 (1) (j) 2. of the statutes is created to read:

AB100-engrossed,1918,2 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

AB100-engrossed, s. 4093mg Section 4093mg. 343.21 (1m) of the statutes is created to read:

AB100-engrossed,1918,7 343.21 (1m) In addition to the fee specified in sub. (1) (am), (b) or (d), an applicant whose application for renewal of a license or authorization under sub. (1) (am), (b) or (d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.

AB100-engrossed, s. 4093mi Section 4093mi. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB100-engrossed,1918,18 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall suspend the person's operating privilege for not less than 6 months nor more than 9 months. If the person's conviction resulted from the person having an alcohol concentration of 0.18 or more, or if the court determines that an ignition interlock device restriction is needed to ensure public safety, the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. The person is eligible for an occupational license under s. 343.10 at any time.

AB100-engrossed, s. 4093mj Section 4093mj. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB100-engrossed,1919,4 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 5-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB100-engrossed, s. 4093mm Section 4093mm. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB100-engrossed,1919,15 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB100-engrossed, s. 4093mo Section 4093mo. 343.30 (4) of the statutes is amended to read:

AB100-engrossed,1920,2 343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately take possession of any suspended or revoked license and shall forward it as provided in s. 345.48 to the department together with the record of conviction and notice of suspension or revocation. If a person is convicted under s. 346.63 (1) or a local ordinance in conformity therewith or is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the record of conviction shall include the convicted person's alcohol concentration, if known. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.

AB100-engrossed, s. 4093mp Section 4093mp. 343.305 (4) (b) of the statutes is amended to read:

AB100-engrossed,1920,10 343.305 (4) (b) If testing is refused, a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1) and, the person's operating privilege will be revoked under this section and the person will be restricted to operating a motor vehicle equipped with an ignition interlock device for a period after his or her operating privilege is reinstated;

AB100-engrossed, s. 4093ms Section 4093ms. 343.305 (4) (c) of the statutes is amended to read:

AB100-engrossed,1920,20 343.305 (4) (c) If one or more tests are taken and the results of any test indicate that the person has a prohibited alcohol concentration and was driving or operating a motor vehicle, the person will be subject to penalties, the person's operating privilege will be suspended under this section, the person will be restricted to operating a motor vehicle equipped with an ignition interlock device for a period after his or her operating privilege is reinstated and a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior convictions, suspensions or revocations within a 10-year period that would be counted under s. 343.307 (1); and

AB100-engrossed, s. 4093mu Section 4093mu. 343.305 (10) (b) 2. of the statutes is amended to read:

AB100-engrossed,1921,3 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year and the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB100-engrossed, s. 4093mw Section 4093mw. 343.305 (10) (b) 3. of the statutes is amended to read:

AB100-engrossed,1921,13 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for 2 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 90 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4093mx Section 4093mx. 343.305 (10) (b) 4. of the statutes is amended to read:

AB100-engrossed,1921,23 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 120 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4095m Section 4095m. 343.31 (3) (h) of the statutes is amended to read:

AB100-engrossed,1922,2 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her operating privilege revoked for 6 months.

AB100-engrossed, s. 4099 Section 4099. 343.38 (2) (intro.) and (a) of the statutes are consolidated, renumbered 343.38 (2) and amended to read:

AB100-engrossed,1922,9 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident: (a) Obtains obtains a valid operator's license in issued by the jurisdiction of the nonresident's residence; and.

AB100-engrossed, s. 4100 Section 4100. 343.38 (2) (b) of the statutes is repealed.

AB100-engrossed, s. 4100c Section 4100c. 343.38 (5) of the statutes is amended to read:

AB100-engrossed,1922,18 343.38 (5) Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB100-engrossed, s. 4100f Section 4100f. 343.39 (3) of the statutes is amended to read:

AB100-engrossed,1923,2 343.39 (3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB100-engrossed, s. 4101 Section 4101. 343.50 (3) of the statutes is amended to read:

AB100-engrossed,1923,12 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, comply with the requirement of shall be of the design specified under s. 343.17 (3) (a) 12.

AB100-engrossed, s. 4103 Section 4103. 343.50 (5) of the statutes is amended to read:

AB100-engrossed,1923,17 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $4 $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

AB100-engrossed, s. 4104 Section 4104. 343.50 (6) of the statutes is amended to read:

AB100-engrossed,1923,25 343.50 (6) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $4 $9, which card shall be valid for 4 years.

AB100-engrossed, s. 4106 Section 4106. 343.50 (7) of the statutes is amended to read:

AB100-engrossed,1924,2 343.50 (7) Duplicate. The fee for a duplicate card is $3 $6.

AB100-engrossed, s. 4108m Section 4108m. 343.51 (1) of the statutes is amended to read:

AB100-engrossed,1924,24 343.51 (1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or (1r) (a) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

AB100-engrossed, s. 4109 Section 4109. 343.60 (1) of the statutes is amended to read:

AB100-engrossed,1925,7 343.60 (1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of education public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.

AB100-engrossed, s. 4113 Section 4113. 343.61 (3) of the statutes is amended to read:

AB100-engrossed,1925,11 343.61 (3) The required fee for any driver school license, or for any annual renewal thereof, is $25 $75 or, for licenses issued or renewed after August 31, 1998, $95.

AB100-engrossed, s. 4116 Section 4116. 343.62 (3) of the statutes is amended to read:

AB100-engrossed,1925,14 343.62 (3) The required fee for any instructor's license, or for any annual renewal thereof, is $5 $25.

AB100-engrossed, s. 4126m Section 4126m. 344.01 (2) (cm) of the statutes is created to read:

AB100-engrossed,1925,18 344.01 (2) (cm) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB100-engrossed, s. 4127m Section 4127m. 344.02 (1) of the statutes is amended to read:

AB100-engrossed,1926,6 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

AB100-engrossed, s. 4128m Section 4128m. 344.14 (2m) of the statutes is created to read:

AB100-engrossed,1926,10 344.14 (2m) A motor vehicle may not be impounded under sub. (1m) if the vehicle is registered, or is required to be registered, in the name of the lessee of the vehicle.

AB100-engrossed, s. 4129 Section 4129. 344.42 of the statutes is created to read:

AB100-engrossed,1926,18 344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.

AB100-engrossed, s. 4138 Section 4138. 345.26 (1) (b) 1. of the statutes is amended to read:

AB100-engrossed,1927,2 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will 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, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB100-engrossed, s. 4139 Section 4139. 345.26 (2) (b) of the statutes is amended to read:

AB100-engrossed,1927,7 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment and, any applicable jail assessment and any applicable crime laboratories and drug law enforcement assessment.

AB100-engrossed, s. 4140 Section 4140. 345.36 (2) (b) of the statutes is amended to read:

AB100-engrossed,1927,20 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

AB100-engrossed, s. 4141 Section 4141. 345.37 (1) (b) of the statutes is amended to read:

AB100-engrossed,1928,10 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

AB100-engrossed, s. 4142 Section 4142. 345.37 (2) of the statutes is amended to read:

AB100-engrossed,1929,2 345.37 (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, and a jail assessment, if required by s. 302.46 (1), 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.

AB100-engrossed, s. 4143 Section 4143. 345.37 (5) of the statutes is amended to read:

AB100-engrossed,1929,9 345.37 (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, and the jail assessment, if required by s. 302.46 (1), 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.

AB100-engrossed, s. 4144 Section 4144. 345.375 (2) of the statutes is amended to read:

AB100-engrossed,1929,15 345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, shall be entered.

AB100-engrossed, s. 4145 Section 4145. 345.47 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1929,23 345.47 (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, and the jail assessment, if required by s. 302.46 (1), 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:

AB100-engrossed, s. 4146 Section 4146. 345.47 (1) (b) of the statutes is amended to read:

AB100-engrossed,1930,8 345.47 (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, and the jail assessment, if required by s. 302.46 (1), 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.