AB100: Bill Text Engrossed

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.

AB100-engrossed, s. 4147 Section 4147. 345.47 (1) (c) of the statutes is amended to read:

AB100-engrossed,1930,22 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, 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, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB100-engrossed, s. 4148 Section 4148. 345.47 (2) of the statutes is amended to read:

AB100-engrossed,1931,3 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments , crime laboratories and drug law enforcement assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

AB100-engrossed, s. 4149 Section 4149. 345.47 (3) of the statutes is amended to read:

AB100-engrossed,1931,9 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, or a jail assessment or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

AB100-engrossed, s. 4150 Section 4150. 345.49 (1) of the statutes is amended to read:

AB100-engrossed,1931,18 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, or a jail assessment, if required by s. 302.46 (1), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

AB100-engrossed, s. 4151 Section 4151. 345.49 (2) of the statutes is amended to read:

AB100-engrossed,1932,6 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

AB100-engrossed, s. 4152 Section 4152. 345.61 (2) (c) of the statutes is amended to read:

AB100-engrossed,1932,20 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87 and , the jail assessment required by s. 302.46 (1) and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB100-engrossed, s. 4153m Section 4153m. 346.01 of the statutes is renumbered 346.01 (1).

AB100-engrossed, s. 4154m Section 4154m. 346.01 (2) of the statutes is created to read:

AB100-engrossed,1933,2 346.01 (2) In this chapter, 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 for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3) and 346.945.

AB100-engrossed, s. 4159m Section 4159m. 346.175 (1) (a) of the statutes is amended to read:

AB100-engrossed,1933,6 346.175 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

AB100-engrossed, s. 4160m Section 4160m. 346.195 (1) of the statutes is amended to read:

AB100-engrossed,1933,10 346.195 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.19 (1) for failing to yield the right-of-way to an authorized emergency vehicle shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4161m Section 4161m. 346.205 (1) of the statutes is amended to read:

AB100-engrossed,1933,14 346.205 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.20 (1) for failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4162m Section 4162m. 346.457 (1) of the statutes is amended to read:

AB100-engrossed,1933,18 346.457 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.455 (1) or (2) shall be liable for the violation as provided in this subsection.

AB100-engrossed, s. 4163m Section 4163m. 346.465 (1) of the statutes is amended to read:

AB100-engrossed,1933,21 346.465 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.46 (2m) shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4164m Section 4164m. 346.485 (1) of the statutes is amended to read:

AB100-engrossed,1933,24 346.485 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.48 (1) shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4165m Section 4165m. 346.505 (3) (a) of the statutes is amended to read:

AB100-engrossed,1934,2 346.505 (3) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of sub. (2) shall be liable for the violation as provided in this subsection.

AB100-engrossed, s. 4165md Section 4165md. 346.63 (2m) of the statutes is amended to read:

AB100-engrossed,1934,11 346.63 (2m) If a person has not attained the age of 19 legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

AB100-engrossed, s. 4167m Section 4167m. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1. (intro.) and amended to read:

AB100-engrossed,1934,20 346.65 (6) (a) 1. (intro.) Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer the owner of a motor vehicle to equip the motor vehicle with an ignition interlock device or under s. 110.10 or order a law enforcement officer to immobilize any motor vehicle owned by the person whose if the owner has 2 suspensions, revocations or convictions within a 10-year period, as counted under s. 343.307 (1), and the owner:

AB100-engrossed,1934,22 a. Has had his or her operating privilege is revoked under s. 343.305 (10) or who.

AB100-engrossed,1935,2 b. Has committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1).

AB100-engrossed,1935,5 1m. The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that order would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB100-engrossed, s. 4167mm Section 4167mm. 346.65 (6) (a) 1r. of the statutes is created to read:

AB100-engrossed,1935,12 346.65 (6) (a) 1r. When ordering a person to equip a motor vehicle with an ignition interlock device under subd. 1., the court may consider the person's ability to pay for the cost of complying with the order. If the court determines that the person is unable to pay the full cost of complying with the order, the court may reduce the amount of the fine imposed, but may not reduce the fine imposed below the minimum fine specified for the violation.

AB100-engrossed, s. 4168m Section 4168m. 346.65 (6) (d) of the statutes is amended to read:

AB100-engrossed,1936,4 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that the owner had 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that he or she did not have 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB100-engrossed, s. 4169 Section 4169. 346.655 (1) of the statutes is amended to read:

AB100-engrossed,1936,11 346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $300 $340 in addition to the fine or forfeiture, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment.

AB100-engrossed, s. 4170 Section 4170. 346.655 (2) of the statutes is amended to read:

AB100-engrossed,1936,16 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 29.2% 37.6% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB100-engrossed,1936,21 (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 29.2% 37.6% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 70.8% 62.4% of the amount to the treasurer of the county.

AB100-engrossed, s. 4171m Section 4171m. 346.665 of the statutes is created to read:

AB100-engrossed,1936,25 346.665 Definition. In ss. 346.67 to 346.72, notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB100-engrossed, s. 4176m Section 4176m. 346.94 (13) of the statutes is amended to read:

AB100-engrossed,1937,4 346.94 (13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of s. 342.40 (1) (1m) or (4) (b) 1., on or along any highway or on any public or private property.

AB100-engrossed, s. 4177g Section 4177g. 346.945 (1) (a) of the statutes is amended to read:

AB100-engrossed,1937,8 346.945 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.94 (16) shall be presumed liable for the violation as provided in this section.

AB100-engrossed, s. 4177m Section 4177m. 347.02 (1) (h) of the statutes is amended to read:

AB100-engrossed,1937,10 347.02 (1) (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c).

AB100-engrossed, s. 4179gg Section 4179gg. 347.413 (1) of the statutes is amended to read:

AB100-engrossed,1937,24 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of, or violate any requirement established by the department regarding, an ignition interlock device installed in response to the court order under s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or, to make necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department or as the result of the person defaulting on any agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid or allow any other person to operate a motor vehicle without a functioning ignition interlock device if that other person has been restricted to operating a motor vehicle equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6).

AB100-engrossed, s. 4179gm Section 4179gm. 347.413 (3) of the statutes is amended to read:

AB100-engrossed,1938,5 347.413 (3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. ss. 343.10 (5) (a) 3. and 4., 343.30 (1q) (b) 2., 3. and 4. and 343.305 (10) (b) 2., 3. and 4.

AB100-engrossed, s. 4179gr Section 4179gr. 347.50 (1t) of the statutes is created to read:

AB100-engrossed,1938,12 347.50 (1t) If the department determines that a person restricted to operating a motor vehicle equipped with an ignition interlock device has tampered with that ignition interlock device, the department shall increase the period of the ignition interlock device restriction on the person's operating privilege by the amount of time from the issuance of the ignition interlock device restriction on his or her operating privilege to the date of the tampering.

AB100-engrossed, s. 4179jac Section 4179jac. 348.07 (2) (c) of the statutes is amended to read:

AB100-engrossed,1938,14 348.07 (2) (c) 45 feet for mobile homes and motor buses;

AB100-engrossed, s. 4179m Section 4179m. 348.21 (2) (b) of the statutes is amended to read:

AB100-engrossed,1939,5 348.21 (2) (b) If the load on any wheel, axle or group of axles does not exceed the weight prescribed in s. 348.15 (3) or 348.16 or in a declaration issued under s. 348.175 by more than 1,000 2,000 pounds and if such excess can be reloaded within the normal load carrying areas, on any other wheel, axle or axles, so that all wheels and axles are then within the statutory limits, the operator may reload as provided in this paragraph. A total of 1,000 2,000 pounds per vehicle or combination of vehicles may be reloaded under this subsection. If reloading is accomplished and all axles or group of axles are within the legal limits, no forfeiture may be imposed. A vehicle or combination of vehicles under this subsection which is not reloaded may continue to be operated upon the highway, but a forfeiture of $50 shall be imposed for failure to reload. This forfeiture shall be paid upon the basis of the citation issued by the official to the court named in the citation. Failure to pay shall subject the operator to the penalty in par. (a) or sub. (3) (a). Violations under this subsection shall not be considered as violations or prior convictions under par. (a) or sub. (3) (a) or (b).

AB100-engrossed, s. 4180 Section 4180. 348.26 (2) of the statutes is amended to read:

AB100-engrossed,1939,19 348.26 (2) Permits for oversize or overweight vehicles or loads. Except as provided in sub. (4), single trip permits for oversize or overweight vehicles or loads may be issued by the department for use of the state trunk highways and by the officer in charge of maintenance of the highway to be used in the case of other highways. Such local officials also may issue such single trip permits for use of state trunk highways within the county or municipality which they represent. Every single trip permit shall designate the route to be used by the permittee. Whenever the officer or agency issuing such permit deems it necessary to have a traffic officer accompany escort the vehicle through the municipality or county, a reasonable charge fee for such traffic officer's services shall be paid by the permittee. All moneys received from fees imposed by the department under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

AB100-engrossed, s. 4180k Section 4180k. 348.27 (9m) (a) 1. of the statutes is amended to read:

AB100-engrossed,1940,2 348.27 (9m) (a) 1. Raw forest products or of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties.

AB100-engrossed, s. 4180m Section 4180m. 348.27 (9m) (a) 3. of the statutes is created to read:

AB100-engrossed,1940,11 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties.

AB100-engrossed, s. 4180p Section 4180p. 348.27 (9m) (b) of the statutes is amended to read:

AB100-engrossed,1940,18 348.27 (9m) (b) A permit issued under par. (a) does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB100-engrossed, s. 4181m Section 4181m. 349.13 (1) of the statutes is renumbered 349.13 (1e).

AB100-engrossed, s. 4182m Section 4182m. 349.13 (1b) of the statutes is created to read:

AB100-engrossed,1940,22 349.13 (1b) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

AB100-engrossed, s. 4183m Section 4183m. 349.13 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1941,3 349.13 (2) (intro.) Except as provided in this subsection, neither the department nor local authorities may extend stopping, standing or parking privileges to areas where stopping, standing or parking is prohibited by ch. 346. The department and local authorities, with respect to highways under their respective jurisdictions as described in sub. (1) (1e) may:

AB100-engrossed, s. 4184m Section 4184m. 349.137 (1) (a) of the statutes, as created by 1995 Wisconsin Act 434, is repealed.

AB100-engrossed, s. 4185m Section 4185m. 349.137 (3) (c) 2. e. of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,12 349.137 (3) (c) 2. e. That, if a parking enforcer uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking, the owner, lessee or operator shall not be required to pay a removal fee and the parking enforcer shall be liable to the owner or, lessee or operator of the motor vehicle for an amount equal to the removal fee.

AB100-engrossed, s. 4186m Section 4186m. 349.137 (3) (f) of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,17 349.137 (3) (f) Require that, whenever a deferral agreement is signed, the parking enforcer provide the owner, lessee or operator of the motor vehicle a copy of the signed deferral agreement.

AB100-engrossed, s. 4187g Section 4187g. 349.137 (3) (h) of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,24 349.137 (3) (h) Require a parking enforcer who uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking to pay an amount equal to the removal fee to the owner, lessee or operator of the motor vehicle within 14 days after the determination that the immobilization device was used improperly.

AB100-engrossed, s. 4187m Section 4187m. 349.18 (1) (c) of the statutes is created to read:

AB100-engrossed,1942,4 349.18 (1) (c) Regulate the operation of a golf cart to and from a golf course for a distance not to exceed one mile upon a highway under its exclusive jurisdiction. The city, village or town shall place a sign of a type approved by the department to mark any golf cart travel route designated by the ordinance.

AB100-engrossed, s. 4189 Section 4189. 350.108 (2) of the statutes is amended to read:

AB100-engrossed,1942,8 350.108 (2) The department shall develop and issue an educational pamphlet on the intoxicated snowmobiling law to be distributed, beginning in 1989, to persons issued snowmobile registration certificates under s. 350.12 or 350.122.