AB100-engrossed,1919,420
343.30
(1q) (b) 3. Except as provided in subd. 4m., if the number of convictions,
21suspensions and revocations within a 5-year period equals 2, the court shall revoke
22the person's operating privilege for not less than one year nor more than 18 months
23and the court shall order that, for the first 2 years that the person is authorized to
24operate a motor vehicle after his or her conviction, either with an occupational
25license or a regular license, the person be restricted to operating a motor vehicle
1equipped with an ignition interlock device. After the first 60 days of the revocation
2period, the person is eligible for an occupational license under s. 343.10 if he or she
3has completed the assessment and is complying with the driver safety plan ordered
4under par. (c).
AB100-engrossed,1919,156
343.30
(1q) (b) 4. Except as provided in subd. 4m., if the number of convictions,
7suspensions and revocations within a 10-year period equals 3 or more, the court
8shall revoke the person's operating privilege for not less than 2 years nor more than
93 years
and the court shall order that, for the first 2 years that the person is
10authorized to operate a motor vehicle after his or her conviction, either with an
11occupational license or a regular license, the person be restricted to operating a
12motor vehicle equipped with an ignition interlock device. After the first 90 days of
13the revocation period, the person is eligible for an occupational license under s.
14343.10 if he or she has completed the assessment and is complying with the driver
15safety plan ordered under par. (c).
AB100-engrossed,1920,217
343.30
(4) Whenever a court or judge suspends or revokes an operating
18privilege under this section, the court or judge shall immediately take possession of
19any suspended or revoked license and shall forward it as provided in s. 345.48 to the
20department together with the record of conviction and notice of suspension or
21revocation.
If a person is convicted under s. 346.63 (1) or a local ordinance in
22conformity therewith or is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where
23the offense involved the use of a vehicle, the record of conviction shall include the
24convicted person's alcohol concentration, if known. Whenever a court or judge
1restricts the operating privilege of a person, the court or judge shall forward notice
2of the restriction to the department.
AB100-engrossed,1920,104
343.305
(4) (b) If testing is refused, a motor vehicle owned by the person may
5be immobilized, seized and forfeited or equipped with an ignition interlock device if
6the person has 2 or more prior suspensions, revocations or convictions within a
710-year period that would be counted under s. 343.307 (1)
and, the person's
8operating privilege will be revoked under this section
and the person will be
9restricted to operating a motor vehicle equipped with an ignition interlock device for
10a period after his or her operating privilege is reinstated;
AB100-engrossed,1920,2012
343.305
(4) (c) If one or more tests are taken and the results of any test indicate
13that the person has a prohibited alcohol concentration and was driving or operating
14a motor vehicle, the person will be subject to penalties, the person's operating
15privilege will be suspended under this section
, the person will be restricted to
16operating a motor vehicle equipped with an ignition interlock device for a period after
17his or her operating privilege is reinstated and a motor vehicle owned by the person
18may be immobilized, seized and forfeited or equipped with an ignition interlock
19device if the person has 2 or more prior convictions, suspensions or revocations
20within a 10-year period that would be counted under s. 343.307 (1); and
AB100-engrossed,1921,322
343.305
(10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
23improper refusal, the court shall revoke the person's operating privilege for one year
24and the court shall order that, for the first 6 months that the person is authorized
25to operate a motor vehicle after his or her conviction, either with an occupational
1license or a regular license, the person be restricted to operating a motor vehicle
2equipped with an ignition interlock device. After the first 30 days of the revocation
3period, the person is eligible for an occupational license under s. 343.10.
AB100-engrossed,1921,135
343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
6suspensions and revocations in a 5-year period equals 2, the court shall revoke the
7person's operating privilege for 2 years
and the court shall order that, for the first 2
8years that the person is authorized to operate a motor vehicle after his or her
9conviction, either with an occupational license or a regular license, the person be
10restricted to operating a motor vehicle equipped with an ignition interlock device.
11After the first
90 60 days of the revocation period, the person is eligible for an
12occupational license under s. 343.10 if he or she has completed the assessment and
13is complying with the driver safety plan.
AB100-engrossed,1921,2315
343.305
(10) (b) 4. Except as provided in subd. 4m., if the number of convictions,
16suspensions and revocations in a 10-year period equals 3 or more, the court shall
17revoke the person's operating privilege for 3 years
and the court shall order that, for
18the first 2 years that the person is authorized to operate a motor vehicle after his or
19her conviction, either with an occupational license or a regular license, the person
20be restricted to operating a motor vehicle equipped with an ignition interlock device.
21After the first
120 90 days of the revocation period, the person is eligible for an
22occupational license under s. 343.10 if he or she has completed the assessment and
23is complying with the driver safety plan.
AB100-engrossed,1922,2
1343.31
(3) (h) Any person subject to s. 343.10 (8)
(a) shall have his or her
2operating privilege revoked for 6 months.
AB100-engrossed, s. 4099
3Section
4099. 343.38 (2) (intro.) and (a) of the statutes are consolidated,
4renumbered 343.38 (2) and amended to read:
AB100-engrossed,1922,95
343.38
(2) Reinstatement of nonresident's operating privilege after
6revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to
7the laws of this state is reinstated as a matter of law when the period of revocation
8has expired and such nonresident
: (a) Obtains obtains a valid operator's license
in 9issued by the jurisdiction of the nonresident's residence
; and.
AB100-engrossed,1922,1812
343.38
(5) Restrictions on license. If a court has ordered that the person's
13operating privilege be restricted for a period of time after the revocation period is
14completed to operating vehicles equipped with an ignition interlock device, the
15license issued under this section shall include that restriction.
The department may
16not issue the license until a service provider under s. 110.10 provides evidence
17satisfactory to the department that the motor vehicle that the applicant will be
18permitted to operate has been equipped with an ignition interlock device.
AB100-engrossed,1923,220
343.39
(3) If a court has ordered that the person's operating privilege be
21restricted for a period of time after the suspension period is completed to operating
22vehicles equipped with an ignition interlock device, the license shall include that
23restriction.
The department may not issue the license until a service provider under
24s. 110.10 provides evidence satisfactory to the department that the motor vehicle
1that the applicant will be permitted to operate has been equipped with an ignition
2interlock device.
AB100-engrossed,1923,124
343.50
(3) Design and contents of card. The card shall be the same size as
5an operator's license but shall be of a design which is readily distinguishable from
6the design of an operator's license and bear upon it the words "IDENTIFICATION
7CARD ONLY". The information on the card shall be the same as specified under s.
8343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c)
9and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may
10also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i).
11The card shall contain the holder's photograph and, if applicable,
comply with the
12requirement of shall be of the design specified under s. 343.17 (3) (a) 12.
AB100-engrossed,1923,1714
343.50
(5) Valid period; fees. The fee for an original card and for the
15reinstatement of an identification card after cancellation under sub. (10) shall be
$4
16$9. The card shall be valid for the succeeding period of 4 years from the applicant's
17next birthday after the date of issuance.
AB100-engrossed,1923,2519
343.50
(6) At least 30 days prior to the expiration of the card, the department
20shall mail a renewal application to the last-known address of each identification
21card holder. The department shall include with the application information, as
22developed by all organ procurement organizations in cooperation with the
23department, that promotes anatomical donations and which relates to the
24anatomical donation opportunity available under s. 343.175. The fee for a renewal
25identification card shall be
$4 $9, which card shall be valid for 4 years.
AB100-engrossed,1924,22
343.50
(7) Duplicate. The fee for a duplicate card is
$3 $6.
AB100-engrossed,1924,244
343.51
(1) Any person who qualifies for registration plates of a special design
5under s. 341.14 (1), (1a), (1m)
, or (1q)
or (1r) (a) or any other person with a disability
6that limits or impairs the ability to walk may request from the department a special
7identification card that will entitle any motor vehicle, other than a motorcycle,
8parked by, or under the direction of, the person, or a motor vehicle, other than a
9motorcycle, operated by or on behalf of the organization when used to transport such
10a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall
11issue the card at a fee to be determined by the department, upon submission by the
12applicant, if the applicant is an individual rather than an organization, of a
13statement from a physician licensed to practice medicine in any state, from an
14advanced practice nurse licensed to practice nursing in any state, from a physician
15assistant certified to practice in any state, from a chiropractor licensed to practice
16chiropractic in any state or from a Christian Science practitioner residing in this
17state and listed in the Christian Science journal that the person is a person with a
18disability that limits or impairs the ability to walk. The statement shall state
19whether the disability is permanent or temporary and, if temporary, the opinion of
20the physician, advanced practice nurse, physician assistant, chiropractor or
21practitioner as to the duration of the disability. The department shall issue the card
22upon application by an organization on a form prescribed by the department if the
23department believes that the organization meets the requirements under this
24subsection.
AB100-engrossed,1925,7
1343.60
(1) "Driver school" means the business of giving instruction, for
2compensation, in the driving of motor vehicles, except that it does not include a high
3school or technical college which teaches driver training as part of its regular school
4program and whose course of study in driver training has been approved by the
5department of
education public instruction or technical college system board and it
6does not include an institution of higher learning which teaches driver training as
7part of its teacher training program.
AB100-engrossed,1925,119
343.61
(3) The required fee for any driver school license, or for any annual
10renewal thereof, is
$25 $75 or, for licenses issued or renewed after August 31, 1998,
11$95.
AB100-engrossed,1925,1413
343.62
(3) The required fee for any instructor's license, or for any annual
14renewal thereof, is
$5 $25.
AB100-engrossed,1925,1816
344.01
(2) (cm) Notwithstanding s. 340.01 (42), "owner" means, with respect
17to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle
18under ch. 341, the lessee of the vehicle.
AB100-engrossed,1926,620
344.02
(1) Whenever the department under s. 344.13 gives notice of the amount
21of security required to be deposited and that an order of revocation or impoundment
22will be made if such security is not deposited, it shall afford the person so notified an
23opportunity for a hearing on the proposed action, if written request for a hearing is
24received by the department prior to the date specified in the notice, or prior to the
25postponed effective date of revocation if postponement has been granted under s.
1344.14 (1). Upon receipt of timely request for hearing, the department shall fix the
2time and place of the hearing and give notice thereof to such person by regular mail.
3The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and
,
4subject to s. 344.14 (2m), to whether or not the person is the owner of the motor
5vehicle to be impounded. Any person who fails without reasonable cause to appear
6at the time and place specified in the notice shall forfeit the right to a hearing.
AB100-engrossed,1926,108
344.14
(2m) A motor vehicle may not be impounded under sub. (1m) if the
9vehicle is registered, or is required to be registered, in the name of the lessee of the
10vehicle.
AB100-engrossed,1926,18
12344.42 Submission of certifications and recertifications by insurers. 13If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34
14that are submitted by an insurer to the department in any year exceeds 1,000, the
15insurer shall pay to the department a transaction fee of $1.50 per certification or
16recertification that is not transmitted electronically to the department. The
17department shall promulgate rules establishing procedures for the collection of
18transaction fees under this section.
AB100-engrossed,1927,220
345.26
(1) (b) 1. If the person makes a deposit for a violation of a traffic
21regulation, the person need not appear in court at the time fixed in the citation, and
22the person will be deemed to have tendered a plea of no contest and submitted to a
23forfeiture and a penalty assessment, if required by s. 165.87,
and a jail assessment,
24if required by s. 302.46 (1),
and a crime laboratories and drug law enforcement
25assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814,
1not to exceed the amount of the deposit that the court may accept as provided in s.
2345.37; and
AB100-engrossed,1927,74
345.26
(2) (b) In addition to the amount in par. (a), the deposit shall include
5court costs, including any applicable fees prescribed in ch. 814, any applicable
6penalty assessment
and, any applicable jail assessment
and any applicable crime
7laboratories and drug law enforcement assessment.
AB100-engrossed,1927,209
345.36
(2) (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 of the
12judgment to the defendant. The judgment shall allow not less than 20 days from the
13date thereof for payment of any forfeiture, penalty assessment, jail assessment
,
14crime laboratories and drug law enforcement assessment and costs imposed. If the
15defendant moves to open the judgment within 20 days after the date set for trial, and
16shows to the satisfaction of the court that the failure to appear was due to mistake,
17inadvertence, surprise or excusable neglect, the court shall open the judgment,
18reinstate the not guilty plea and set a new trial date. The court may impose costs
19under s. 814.07. The court shall immediately notify the department to delete the
20record of conviction based upon the original judgment.
AB100-engrossed,1928,1022
345.37
(1) (b) Deem the nonappearance a plea of no contest and enter judgment
23accordingly. If the defendant has posted bond for appearance at that date, the court
24may also order the bond forfeited. The court shall promptly mail a copy or notice of
25the judgment to the defendant. The judgment shall allow not less than 20 days from
1the date thereof for payment of any forfeiture, penalty assessment
, crime
2laboratories and drug law enforcement assessment and costs imposed. If the
3defendant moves to open the judgment within 6 months after the court appearance
4date fixed in the citation, and shows to the satisfaction of the court that the failure
5to appear was due to mistake, inadvertence, surprise or excusable neglect, the court
6shall open the judgment, accept a not guilty plea and set a trial date. The court may
7impose costs under s. 814.07. The court shall immediately notify the department to
8delete the record of conviction based upon the original judgment. If the offense
9involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5)
10(c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
AB100-engrossed,1929,212
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
13serve as the initial pleading and the defendant shall be deemed to have tendered a
14plea of no contest and submitted to a forfeiture and a penalty assessment, if required
15by s. 165.87,
and a jail assessment, if required by s. 302.46 (1),
and a crime
16laboratories and drug law enforcement assessment, if required by s. 165.755, plus
17costs, including any applicable fees prescribed in ch. 814, not exceeding the amount
18of the deposit. The court may either accept the plea of no contest and enter judgment
19accordingly, or reject the plea and issue a summons under ch. 968. If the defendant
20fails to appear in response to the summons, the court shall issue a warrant under ch.
21968. If the court accepts the plea of no contest, the defendant may move within 6
22months after the date set for the appearance to withdraw the plea of no contest, open
23the judgment and enter a plea of not guilty upon a showing to the satisfaction of the
24court that the failure to appear was due to mistake, inadvertence, surprise or
25excusable neglect. If on reopening the defendant is found not guilty, the court shall
1immediately notify the department to delete the record of conviction based on the
2original proceeding and shall order the defendant's deposit returned.
AB100-engrossed,1929,94
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
5judgment, the official receiving the forfeiture, the penalty assessment, if required by
6s. 165.87,
and the jail assessment, if required by s. 302.46 (1),
and the crime
7laboratories and drug law enforcement assessment, if required by s. 165.755, shall
8forward to the department a certification of the entry of default judgment or a
9judgment of forfeiture.
AB100-engrossed,1929,1511
345.375
(2) Upon default of the defendant corporation or limited liability
12company or upon conviction, judgment for the amount of the forfeiture, the penalty
13assessment, if required under s. 165.87,
and the jail assessment, if required by s.
14302.46 (1),
and the crime laboratories and drug law enforcement assessment, if
15required under s. 165.755, shall be entered.
AB100-engrossed,1929,2317
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
18judgment against the defendant for a monetary amount not to exceed the maximum
19forfeiture, penalty assessment, if required by s. 165.87,
and the jail assessment, if
20required by s. 302.46 (1),
and the crime laboratories and drug law enforcement
21assessment, if required by s. 165.755, provided for the violation and for costs under
22s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
23s. 343.30. If the judgment is not paid, the court shall order:
AB100-engrossed,1930,8
1345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
2or revocation, that the defendant's operating privilege be suspended for 30 days or
3until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
4and the jail assessment, if required by s. 302.46 (1),
and the crime laboratories and
5drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years.
6Suspension under this paragraph shall not affect the power of the court to suspend
7or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
8operating privilege.
AB100-engrossed,1930,2210
345.47
(1) (c) If a court or judge suspends an operating privilege under this
11section, the court or judge shall immediately take possession of the suspended license
12and shall forward it to the department together with the notice of suspension, which
13shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
14assessment, if required by s. 165.87,
and a jail assessment, if required by s. 302.46
15(1),
and a crime laboratories and drug law enforcement assessment, if required by
16s. 165.755, imposed by the court. The notice of suspension and the suspended license,
17if it is available, shall be forwarded to the department within 48 hours after the order
18of suspension. If the forfeiture, penalty assessment
and
, jail assessment
and crime
19laboratories and drug law enforcement assessment are paid during a period of
20suspension, the court or judge shall immediately notify the department. Upon
21receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the
22department shall return the surrendered license.
AB100-engrossed,1931,324
345.47
(2) The payment of any judgment may be suspended or deferred for not
25more than 60 days in the discretion of the court. In cases where a deposit has been
1made, any forfeitures, penalty assessments, jail assessments
, crime laboratories and
2drug law enforcement assessments and costs shall be taken out of the deposit and
3the balance, if any, returned to the defendant.
AB100-engrossed,1931,95
345.47
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a
6penalty assessment,
or a jail assessment
or a crime laboratories and drug law
7enforcement assessment for an action brought by a municipality located in more
8than one county, any commitment to a county institution shall be to the county in
9which the action was tried.
AB100-engrossed,1931,1811
345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
12forfeiture, a penalty assessment, if required by s. 165.87,
or a jail assessment, if
13required by s. 302.46 (1),
or a crime laboratories and drug law enforcement
14assessment, if required by s. 165.755, may, on request, be allowed to work under s.
15303.08. If the person does work, earnings shall be applied on the unpaid forfeiture,
16penalty assessment
or, jail assessment
or crime laboratories and drug law
17enforcement assessment after payment of personal board and expenses and support
18of personal dependents to the extent directed by the court.
AB100-engrossed,1932,620
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
21nonpayment of a forfeiture, penalty assessment
or, jail assessment
or crime
22laboratories and drug law enforcement assessment may be placed on probation to
23some person satisfactory to the court for not more than 90 days or until the forfeiture,
24penalty assessment
or, jail assessment
or crime laboratories and drug law
25enforcement assessment is paid if that is done before expiration of the 90-day period.
1The payment of the forfeiture, penalty assessment
or, jail assessment
or crime
2laboratories and drug law enforcement assessment during that period shall be a
3condition of the probation. If the forfeiture, penalty assessment
or, jail assessment
4or crime laboratories and drug law enforcement assessment is not paid or the court
5deems that the interests of justice require, probation may be terminated and the
6defendant imprisoned as provided in sub. (1) or s. 345.47.
AB100-engrossed,1932,208
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
9any printed card or other certificate issued by an automobile club, association or
10insurance company to any of its members or insureds, which card or certificate is
11signed by the member or insureds and contains a printed statement that the
12automobile club, association or insurance company and a surety company, or an
13insurance company authorized to transact both automobile liability insurance and
14surety business, guarantee the appearance of the persons whose signature appears
15on the card or certificate and that they will in the event of failure of the person to
16appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
17including the penalty assessment required by s. 165.87
and
, the jail assessment
18required by s. 302.46 (1)
and the crime laboratories and drug law enforcement
19assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as
20provided in sub. (1) (b).
AB100-engrossed,1933,223
346.01
(2) In this chapter, notwithstanding s. 340.01 (42), "owner" means, with
24respect to a vehicle that is registered, or is required to be registered, by a lessee of
25the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner
1liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3)
2and 346.945.
AB100-engrossed,1933,64
346.175
(1) (a)
The Subject to s. 346.01 (2), the owner of a vehicle involved in
5a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the
6violation as provided in this section.
AB100-engrossed,1933,108
346.195
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
9violation of s. 346.19 (1) for failing to yield the right-of-way to an authorized
10emergency vehicle shall be liable for the violation as provided in this section.
AB100-engrossed,1933,1412
346.205
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
13violation of s. 346.20 (1) for failing to yield the right-of-way to a funeral procession
14shall be liable for the violation as provided in this section.