SB77: Bill Text

SB77,1643,20 343.50 (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 6 years from the applicant's next birthday after the date of issuance.

SB77, s. 4104 Section 4104. 343.50 (6) of the statutes is renumbered 343.50 (6) (a) and amended to read:

SB77,1644,4 343.50 (6) (a) 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 6 years.

SB77, s. 4105 Section 4105. 343.50 (6) (b) of the statutes is created to read:

SB77,1644,13 343.50 (6) (b) During the transition to the issuance of renewal identification cards under par. (a) that are valid for a period of 6 years, the department may issue identification cards for renewal periods of less than 6 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken to comply with sub. (3). If the department issues a renewal identification card under this paragraph, the fee due under par. (a) shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

SB77, s. 4106 Section 4106. 343.50 (7) of the statutes is amended to read:

SB77,1644,15 343.50 (7) Duplicate. The fee for a duplicate card is $3 $6.

SB77, s. 4107 Section 4107. 343.50 (8) (b) of the statutes is amended to read:

SB77,1645,2 343.50 (8) (b) The department shall not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not apply to any record or other information requested by the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 4108 Section 4108. 343.51 (1) of the statutes is amended to read:

SB77,1645,24 343.51 (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.

SB77, s. 4109 Section 4109. 343.60 (1) of the statutes is amended to read:

SB77,1646,7 343.60 (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.

SB77, s. 4110 Section 4110. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) (intro.) and amended to read:

SB77,1646,13 343.61 (2) (a) (intro.) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

SB77, s. 4111 Section 4111. 343.61 (2) (a) 1. and 2. of the statutes are created to read:

SB77,1646,16 343.61 (2) (a) 1. In the case of an individual, the individual's social security number.

SB77,1646,18 2. In the case of a person who is not an individual, the person's federal employer identification number.

SB77, s. 4112 Section 4112. 343.61 (2) (b) of the statutes is created to read:

SB77,1646,24 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77, s. 4113 Section 4113. 343.61 (3) of the statutes is amended to read:

SB77,1647,3 343.61 (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.

SB77, s. 4114 Section 4114. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

SB77,1647,9 343.62 (2) (a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. The application shall include the applicant's social security number.

SB77, s. 4115 Section 4115. 343.62 (2) (b) of the statutes is created to read:

SB77,1647,15 343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77, s. 4116 Section 4116. 343.62 (3) of the statutes is amended to read:

SB77,1647,18 343.62 (3) The required fee for any instructor's license, or for any annual renewal thereof, is $5 $25.

SB77, s. 4117 Section 4117. 343.64 of the statutes is renumbered 343.64 (1).

SB77, s. 4118 Section 4118. 343.64 (2) of the statutes is created to read:

SB77,1647,23 343.64 (2) The secretary shall deny the application of any person for the issuance or renewal of a driver school license if the information required under s. 343.61 (2) (a) 1. or 2. is not included in the application.

SB77, s. 4119 Section 4119. 343.65 of the statutes is renumbered 343.65 (1).

SB77, s. 4120 Section 4120. 343.65 (2) of the statutes is created to read:

SB77,1648,3 343.65 (2) The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.

SB77, s. 4121 Section 4121. 343.66 (6) of the statutes is amended to read:

SB77,1648,6 343.66 (6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (7) (1) (g).

SB77, s. 4122 Section 4122. 343.665 of the statutes is created to read:

SB77,1648,9 343.665 Denial, restriction, limitation, suspension or revocation of driver school license. The secretary shall:

SB77,1648,15 (1) Deny, restrict, limit or suspend any driver school license issued under s. 343.61 or refuse to issue a renewal thereof if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77,1648,19 (2) Deny an application for the issuance or renewal of a driver school license issued under s. 343.61, or revoke a driver school license already issued under s. 343.61, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

SB77, s. 4123 Section 4123. 343.675 of the statutes is created to read:

SB77,1648,22 343.675 Denial, restriction, limitation, suspension or revocation of instructor's license. The secretary shall:

SB77,1649,3 (1) Deny, restrict, limit or suspend any instructor's license issued under s. 343.62 or refuse to issue a renewal thereof if the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77,1649,7 (2) Deny an application for the issuance or renewal of an instructor's license issued under s. 343.62, or revoke an instructor's license already issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

SB77, s. 4124 Section 4124. 343.68 of the statutes is amended to read:

SB77,1649,12 343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.665 and 343.675, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by ss. 343.64 to 343.72 occurring during any prior license period.

SB77, s. 4125 Section 4125. 343.69 of the statutes is amended to read:

SB77,1649,21 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials or revocations of licenses under s. 343.665 or 343.675.

SB77, s. 4126 Section 4126. 344.01 (2) (cm) of the statutes is created to read:

SB77,1649,25 344.01 (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.

SB77, s. 4127 Section 4127. 344.02 (1) of the statutes is amended to read:

SB77,1650,13 344.02 (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.

SB77, s. 4128 Section 4128. 344.14 (2m) of the statutes is created to read:

SB77,1650,17 344.14 (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.

SB77, s. 4129 Section 4129. 344.42 of the statutes is created to read:

SB77,1650,25 344.42 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.

SB77, s. 4130 Section 4130. 345.05 (title) of the statutes is amended to read:

SB77,1651,3 345.05 (title) Municipal Local governmental liability for motor vehicle accidents.

SB77, s. 4131 Section 4131. 345.05 (1) (b) of the statutes is amended to read:

SB77,1651,9 345.05 (1) (b) "Governing body" means the county board with reference to counties, the town board with reference to towns, the legislative body of a city or village with reference to cities and villages and the board of any district, center or other municipality local governmental unit with reference to other municipalities local governmental units enumerated in par. (c) (bg).

SB77, s. 4132 Section 4132. 345.05 (1) (bm) of the statutes is amended to read:

SB77,1651,12 345.05 (1) (bm) "Motor vehicle" does not include a vehicle that is exempt from registration under s. 341.05 or a snowplow.

SB77, s. 4133 Section 4133. 345.05 (1) (c) of the statutes is renumbered 345.05 (1) (bg) and amended to read:

SB77,1651,18 345.05 (1) (bg) "Municipality" "Local governmental unit" means any county, city, village, town, school district (as enumerated in s. 67.01 (5), sewer district, drainage district and, without restriction because of failure of enumeration, any other political subdivision of the state.

SB77, s. 4134 Section 4134. 345.05 (2) of the statutes is amended to read:

SB77,1652,3 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality local governmental unit, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality local governmental unit concerned and the governing body thereof may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality local governmental unit if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality local governmental unit will acquire title.

SB77, s. 4135 Section 4135. 345.05 (4) of the statutes is amended to read:

SB77,1652,7 345.05 (4) In this section, judgments against municipalities local governmental units shall be certified, filed and collected as provided in s. 66.09 whether named therein or not.

SB77, s. 4136 Section 4136. 345.05 (5) of the statutes is amended to read:

SB77,1652,14 345.05 (5) If the allowance of claim is by or the judgment is against any municipality local governmental unit lying in more than one town, city, village or county, the governing body of the debtor municipality local governmental unit shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality local governmental unit will equitably bear the amount of the claim or judgment.

SB77, s. 4137 Section 4137. 345.05 (6) of the statutes is created to read:

SB77,1652,19 345.05 (6) The exemption granted the operator of a snowplow by this section does not relieve such operator from the duty to drive or ride with due regard under the circumstances for the safety of all persons nor does it protect such operator from the consequences of his or her reckless disregard for the safety of others.

SB77, s. 4138 Section 4138. 345.26 (1) (b) 1. of the statutes is amended to read:

SB77,1653,2 345.26 (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 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

SB77, s. 4139 Section 4139. 345.26 (2) (b) of the statutes is amended to read:

SB77,1653,7 345.26 (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 assessment.

SB77, s. 4140 Section 4140. 345.36 (2) (b) of the statutes is amended to read:

SB77,1653,20 345.36 (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 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.

SB77, s. 4141 Section 4141. 345.37 (1) (b) of the statutes is amended to read:

SB77,1654,10 345.37 (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 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).

SB77, s. 4142 Section 4142. 345.37 (2) of the statutes is amended to read:

SB77,1655,2 345.37 (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 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.

SB77, s. 4143 Section 4143. 345.37 (5) of the statutes is amended to read:

SB77,1655,8 345.37 (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 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.

SB77, s. 4144 Section 4144. 345.375 (2) of the statutes is amended to read:

SB77,1655,14 345.375 (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 assessment, if required under s. 165.755, shall be entered.

SB77, s. 4145 Section 4145. 345.47 (1) (intro.) of the statutes is amended to read:

SB77,1655,22 345.47 (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 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:

SB77, s. 4146 Section 4146. 345.47 (1) (b) of the statutes is amended to read: