SB77: Bill Text

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:

SB77,1656,5 345.47 (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 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.

SB77, s. 4147 Section 4147. 345.47 (1) (c) of the statutes is amended to read:

SB77,1656,19 345.47 (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 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 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.

SB77, s. 4148 Section 4148. 345.47 (2) of the statutes is amended to read:

SB77,1656,25 345.47 (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 assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

SB77, s. 4149 Section 4149. 345.47 (3) of the statutes is amended to read:

SB77,1657,5 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, or a jail assessment or a crime laboratories 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.

SB77, s. 4150 Section 4150. 345.49 (1) of the statutes is amended to read:

SB77,1657,13 345.49 (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 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 assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

SB77, s. 4151 Section 4151. 345.49 (2) of the statutes is amended to read:

SB77,1657,25 345.49 (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 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 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 assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment or , jail assessment or crime laboratories 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.

SB77, s. 4152 Section 4152. 345.61 (2) (c) of the statutes is amended to read:

SB77,1658,13 345.61 (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 assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

SB77, s. 4153 Section 4153. 346.01 of the statutes is renumbered 346.01 (1).

SB77, s. 4154 Section 4154. 346.01 (2) of the statutes is created to read:

SB77,1658,20 346.01 (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.

SB77, s. 4155 Section 4155. 346.17 (3) (a) of the statutes is amended to read:

SB77,1658,24 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $300 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

SB77, s. 4156 Section 4156. 346.17 (3) (b) of the statutes is amended to read:

SB77,1659,4 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

SB77, s. 4157 Section 4157. 346.17 (3) (c) of the statutes is amended to read:

SB77,1659,8 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 2 3 years.

SB77, s. 4158 Section 4158. 346.17 (3) (d) of the statutes is amended to read:

SB77,1659,12 346.17 (3) (d) If the violation results in the death of another, the person shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 5 7 years and 6 months.

SB77, s. 4159 Section 4159. 346.175 (1) (a) of the statutes is amended to read:

SB77,1659,16 346.175 (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.

SB77, s. 4160 Section 4160. 346.195 (1) of the statutes is amended to read:

SB77,1659,20 346.195 (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.

SB77, s. 4161 Section 4161. 346.205 (1) of the statutes is amended to read:

SB77,1659,24 346.205 (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.

SB77, s. 4162 Section 4162. 346.457 (1) of the statutes is amended to read:

SB77,1660,3 346.457 (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.

SB77, s. 4163 Section 4163. 346.465 (1) of the statutes is amended to read:

SB77,1660,6 346.465 (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.

SB77, s. 4164 Section 4164. 346.485 (1) of the statutes is amended to read:

SB77,1660,9 346.485 (1) The Subject to s. 346.02 (1), 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.

SB77, s. 4165 Section 4165. 346.505 (3) (a) of the statutes is amended to read:

SB77,1660,12 346.505 (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.

SB77, s. 4166 Section 4166. 346.63 (2m) of the statutes is amended to read:

SB77,1660,21 346.63 (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).

SB77, s. 4167 Section 4167. 346.65 (5) of the statutes is amended to read:

SB77,1660,25 346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 18 2 years and 3 months.

SB77, s. 4168 Section 4168. 346.65 (6) (a) 2m. of the statutes is amended to read:

SB77,1661,22 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person for which a certificate of title has been issued and delivered to the person under ch. 342. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender to the clerk of circuit court all certificates of title to the clerk of circuit court that have been issued and delivered to the person. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

SB77, s. 4169 Section 4169. 346.655 (1) of the statutes is amended to read:

SB77,1662,4 346.655 (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 $315 in addition to the fine or forfeiture, penalty assessment and , jail assessment and crime laboratories assessment.

SB77, s. 4170 Section 4170. 346.655 (2) of the statutes is amended to read:

SB77,1662,9 346.655 (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% 32.6% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

SB77,1662,14 (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% 32.6% 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% 67.4% of the amount to the treasurer of the county.

SB77, s. 4171 Section 4171. 346.665 of the statutes is created to read:

SB77,1662,18 346.665 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.

SB77, s. 4172 Section 4172. 346.74 (5) (b) of the statutes is amended to read:

SB77,1662,22 346.74 (5) (b) Shall be fined not less than $300 nor more than $5,000 or imprisoned not less than 10 days nor more than one year 2 years or both if the accident involved injury to a person but the person did not suffer great bodily harm.

SB77, s. 4173 Section 4173. 346.74 (5) (c) of the statutes is amended to read:

SB77,1663,3 346.74 (5) (c) May be fined not more than $10,000 or imprisoned not more than 2 3 years or both if the accident involved injury to a person and the person suffered great bodily harm.

SB77, s. 4174 Section 4174. 346.74 (5) (d) of the statutes is amended to read:

SB77,1663,6 346.74 (5) (d) May be fined not more than $10,000 or imprisoned not more than 5 7 years and 6 months or both if the accident involved death to a person.

SB77, s. 4175 Section 4175. 346.915 of the statutes is created to read:

SB77,1663,9 346.915 Following snowplow. The operator of any vehicle that is not a snowplow may not follow a snowplow closer than 200 feet upon any highway.

SB77, s. 4176 Section 4176. 346.94 (13) of the statutes is amended to read:

SB77,1663,13 346.94 (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.

SB77, s. 4177 Section 4177. 346.945 (1) (a) of the statutes is amended to read:

SB77,1663,17 346.945 (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.