SB77: Bill Text

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.

SB77, s. 4178 Section 4178. 348.01 (2) (aj) of the statutes is created to read:

SB77,1663,24 348.01 (2) (aj) "Certified portable testing device" means a portable testing device which is tested and inspected periodically for accuracy by the department of agriculture, trade and consumer protection or other authorized testing agency in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department of agriculture, trade and consumer protection for the testing and examination of scales.

SB77, s. 4179 Section 4179. 348.15 (5) (intro.) of the statutes is amended to read:

SB77,1664,16 348.15 (5) (intro.) For enforcement of weight limitations specified by this chapter the gross weight, measured in pounds, imposed on the highway by any wheel or any one axle or by any group of 2 or more axles shall be determined by weighing the vehicles and load, either by single draft or multiple draft weighing on certified stationary scales or on portable scales in good working order which are tested in comparison to certified stationary scales or with certified portable testing devices within 90 190 days immediately prior to any weighing operation by the department of agriculture, trade and consumer protection or other authorized testing agencies for accuracy to within standard accepted tolerances. The weighing operation shall be performed in accordance with and under conditions accepted as good weighing technique and practice. In multiple draft weighing the sum of the weight of respective components shall be used to establish the weight of a combination of the components. It is recognized that the weight, determined in accordance with methods prescribed in this chapter, includes all statutory weights and represents the momentary load force or reaction imposed on the scale at the time of weighing. Such weights include any variation due to the following factors:

SB77, s. 4180 Section 4180. 348.26 (2) of the statutes is amended to read:

SB77,1665,5 348.26 (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).

SB77, s. 4181 Section 4181. 349.13 (1) of the statutes is renumbered 349.13 (1e).

SB77, s. 4182 Section 4182. 349.13 (1b) of the statutes is created to read:

SB77,1665,9 349.13 (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.

SB77, s. 4183 Section 4183. 349.13 (2) (intro.) of the statutes is amended to read:

SB77,1665,15 349.13 (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:

SB77, s. 4184 Section 4184. 349.137 (1) (a) of the statutes is repealed.

SB77, s. 4185 Section 4185. 349.137 (3) (c) 2. e. of the statutes is amended to read:

SB77,1665,22 349.137 (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.

SB77, s. 4186 Section 4186. 349.137 (3) (f) of the statutes is amended to read:

SB77,1666,3 349.137 (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.

SB77, s. 4187 Section 4187. 349.137 (3) (h) of the statutes is amended to read:

SB77,1666,9 349.137 (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.

SB77, s. 4188 Section 4188. 349.19 of the statutes is amended to read:

SB77,1666,17 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that any report filed under this section may be provided to the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 4189 Section 4189. 350.108 (2) of the statutes is amended to read:

SB77,1666,21 350.108 (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.

SB77, s. 4190 Section 4190. 350.12 (3) (a) (intro.) of the statutes is amended to read:

SB77,1667,16 350.12 (3) (a) (intro.) Except as provided under subs. (2) and (5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122 or as an antique under par. (b) and has the registration decals displayed as required by under sub. (5) or s. 350.122 or unless the snowmobile has a reflectorized plate attached as required under par. (c) 3. A snowmobile that is not registered as an antique under par. (b) may be registered for public use. A snowmobile that is not registered as an antique under par. (b) and that is used exclusively on private property, as defined under s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning the July 1 prior to the date of application if registration is made prior to April 1 and beginning the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $20 except the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.

SB77, s. 4191 Section 4191. 350.12 (4) (a) (intro.) of the statutes is amended to read:

SB77,1667,20 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (5) (es) and (mw) and (8) (dq) (9) (mu) and (mw) may be used for the following:

SB77, s. 4192 Section 4192. 350.12 (4) (c) of the statutes is renumbered 350.12 (4) (c) 1. and amended to read:

SB77,1668,2 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (5) (mw) or (8) (dq) or (9) (mw) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

SB77, s. 4193 Section 4193. 350.12 (4) (c) 2. of the statutes is created to read:

SB77,1668,9 350.12 (4) (c) 2. If any moneys appropriated under s. 20.370 (9) (mu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.

SB77, s. 4194 Section 4194. 350.122 of the statutes is created to read:

SB77,1668,12 350.122 Lac du Flambeau registration program. (1) Definitions. In this section:

SB77,1668,13 (a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.

SB77,1668,15 (b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

SB77,1668,22 (2) Authorization for issuance. The band may issue registration certificates for public use or private use for snowmobiles that are equivalent to the registration certificates for public use or private use that are issued by the department. The band may not register snowmobiles as antiques and may not issue registration certificates to political subdivisions of this state. The band may renew and transfer a registration certificate that it or the department has issued. The band may issue duplicates of only those registration certificates that it issues under this section.

SB77,1669,5 (3) Requirements for issuance; fees; periods of validity. (a) For issuing or renewing any registration certificate under this section, the band shall collect the same fee that would be collected for the equivalent registration certificate under s. 350.12 (3) (a). For transferring a registration certificate under this section, the band shall collect the same fee that would be collected for the transfer under s. 350.12 (3) (a) 3. For issuing a duplicate registration certificate under this section, the band shall collect the same fee that would be collected for the duplicate under s. 350.12 (3) (e).

SB77,1669,8 (b) The band may not issue, renew or otherwise process registration certificates under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

SB77,1669,11 (c) For a registration certificate issued, transferred or renewed under this section, the period of validity shall be the same as it would be for the equivalent registration certificate under s. 350.12 (3) (a).

SB77,1669,13 (d) The band may issue, renew or otherwise process registration certificates under this section only to persons who appear in person on the reservation.

SB77,1669,17 (4) Requirements for registration: procedures, applications and decals. (a) The band shall use registration applications and certificates that are substantially similar to those under s. 350.12 with regard to length, legibility and information content.

SB77,1669,20 (b) The band shall use registration decals that are substantially similar to those under s. 350.12 with regard to color, size, legibility, information content, and placement on the snowmobile.

SB77,1669,22 (c) The band shall use a sequential numbering system that includes a series of letters or initials that identify the band as the issuing authority.

SB77,1670,2 (d) The band shall establish procedures that are substantially similar to the procedures specified in s. 350.12 (3) (a) 2., 3. and 4., (5) (d) and (6) and to the procedures to be used for validating applications for purposes of s. 350.12 (5) (b) and (c).

SB77,1670,4 (5) Registration information; records; tax collection. (a) The band shall provide registration information to the state in one of the following ways:

SB77,1670,8 1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described under sub. (6), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

SB77,1670,12 2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

SB77,1670,16 (b) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of registration certificate that the band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

SB77,1670,20 (c) For law enforcement purposes, the band shall make available for inspection by the department during normal business hours the band's records of all registration certificates issued, renewed or otherwise processed, including copies of all applications made for certificates.

SB77,1670,24 (d) The band shall ensure that a record of each registration certificate issued, renewed or otherwise processed under this section, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

SB77,1671,5 (e) The band shall collect the sales and use taxes due under s. 77.61 (1) on any snowmobile registered under this section and make the report in respect to those taxes. The band shall use collection and accounting methods approved by the department of revenue. On or before the 15th day of each month, the band shall pay to the department of revenue all taxes that the band collected in the previous month.

SB77,1671,8 (6) Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with subs. (2) to (5) and that contains all of the following terms:

SB77,1671,10 (a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

SB77,1671,13 (b) A requirement that the fees collected by the band under sub. (3) be used only for a program for registering snowmobiles, for regulating snowmobiles and snowmobiling and for providing snowmobile trails, and snowmobile facilities.

SB77, s. 4195 Section 4195. 350.125 (1) (a) of the statutes is amended to read:

SB77,1671,24 350.125 (1) (a) When a snowmobile dealer sells a snowmobile the dealer, at the time of sale, shall require the buyer to complete an application for a registration certificate, collect the required fee and mail the application and fee to the department no later than 5 days after the date of sale. The department shall provide combination application and receipt forms and the dealer shall furnish the buyer with a completed receipt showing that application for registration has been made. This completed receipt shall be in the possession of the user of the snowmobile until the registration certificate is received. No snowmobile dealer may charge an additional fee to the buyer for performing the service required under this subsection. No snowmobile dealer may perform this service for a registration under s. 350.122

SB77, s. 4196 Section 4196. 350.125 (1) (b) of the statutes is amended to read:

SB77,1672,8 350.125 (1) (b) When a snowmobile dealer sells a snowmobile to a person from another state who wishes to register that machine the snowmobile in his or her home state or to a person who wishes to register the snowmobile under s. 350.122, the dealer shall, at the time of sale, complete an application for a registration certificate and indicate on the application that the machine snowmobile is to be registered in another state or under s. 350.122 and mail one copy to the department no later than 14 days after the date of sale, furnish the buyer with one copy and retain one copy for the dealer's records.

SB77, s. 4197 Section 4197. 440.01 (2) (cm) of the statutes is renumbered 73.0301 (1) (c) and amended to read:

SB77,1672,17 73.0301 (1) (c) "Liable for delinquent taxes" means that a person has been finally determined by the department of revenue to be delinquent in the payment of taxes, including penalties, interest, fees and costs, under ch. 71, 72, 76, 77, 78, 125 or 139 and, with respect to a person who applies for or holds a license, the person remains delinquent in the payment of those taxes at the time the department requests that a request for a certification is made under s. 440.08 (2r) of liability for delinquent taxes sub. (2) (a) 1. or 2.

SB77, s. 4198 Section 4198. 440.03 (7) of the statutes is amended to read:

SB77,1672,25 440.03 (7) The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued or renewed under chs. 440 to 480. When establishing the format of credential renewal application forms, the department shall provide All forms shall include a place on the form for the information required under s. 440.08 (2g) (b) sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

SB77, s. 4199 Section 4199. 440.03 (11m) of the statutes is created to read: