Wisconsin Legislature: 9,2759

9,2751h Section 2751h. 343.61 (2) (a) 1. of the statutes is amended to read:

343.61 (2) (a) 1. In Except as provided in subd. 1m., in the case of an individual, the individual's social security number.

9,2751i Section 2751i. 343.61 (2) (a) 1m. of the statutes is created to read:

343.61 (2) (a) 1m. In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued by the department in reliance on a statement submitted under this subdivision is invalid if the statement is false.

9,2751k Section 2751k. 343.62 (2) (a) of the statutes is amended to read:

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 Except as provided in par. (am), the application shall include the applicant's social security number.

9,2751kc Section 2751kc. 343.62 (2) (am) of the statutes is created to read:

343.62 (2) (am) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued by the department in reliance on a statement submitted under this paragraph is invalid if the statement is false.

9,2751p Section 2751p. 343.64 (2) of the statutes is amended to read:

343.64 (2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1. or 2., or if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number.

9,2751r Section 2751r. 343.65 (2) of the statutes is amended to read:

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, unless the applicant is an individual who does not have a social security number and submits a statement made or subscribed under oath or affirmation as required under s. 343.62 (2) (a).

9,2751m Section 2751m. 345.05 (1) (c) of the statutes is amended to read:

345.05 (1) (c) "Municipality" means any county, city, village, town, school district (as enumerated in s. 67.01 (5), sewer district, drainage district, commission formed by a contract under s. 66.30 (2) and, without restriction because of failure of enumeration, any other political subdivision of the state.

9,2752 Section 2752. 345.09 (2) of the statutes is amended to read:

345.09 (2) The secretary as attorney upon whom processes and notices may be served under this section shall, upon being served with such process or notice, forthwith mail by registered mail a copy thereof to such nonresident at the out-of-state nonresident address given in the papers so served. It is the duty of the party or the party's attorney to certify in the papers so served that the address given therein is the last-known out-of-state nonresident address of the party to be served. In all cases of service under this section there shall be served 2 authenticated copies for the secretary and such additional number of authenticated copies as there are defendants so served in the action. One of the secretary's copies shall be retained for the secretary's record of service and the other copy shall be returned with proper certificate of service attached for filing in court as proof of service of the copies by having mailed them by registered mail to the defendants named therein. The service fee shall be $15 $25 for each defendant so served. The secretary shall keep a record of all such processes and notices, which record shall show the day and hour of service.

9,2753 Section 2753. 345.26 (1) (b) 1. of the statutes is amended to read:

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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement 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

9,2754 Section 2754. 345.37 (2) of the statutes is amended to read:

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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement 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.

9,2755 Section 2755. 345.37 (5) of the statutes is amended to read:

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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement 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.

9,2756 Section 2756. 345.375 (2) of the statutes is amended to read:

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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, shall be entered.

9,2757 Section 2757. 345.47 (1) (intro.) of the statutes is amended to read:

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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement 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:

9,2758 Section 2758. 345.47 (1) (b) of the statutes is amended to read:

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. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.

9,2759 Section 2759. 345.47 (1) (c) of the statutes is amended to read:

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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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, jail assessment, railroad crossing improvement 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.

9,2760 Section 2760. 345.49 (1) of the statutes is amended to read:

345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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, jail assessment, railroad crossing improvement 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.

9,2761 Section 2761. 345.61 (2) (c) of the statutes is amended to read:

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. 165.87 757.05, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r) 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).

9,2761r Section 2761r. 348.15 (3) (bg) of the statutes is amended to read:

348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet or more apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to 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.

9,2776 Section 2776. 348.25 (8) (a) 1. of the statutes is amended to read:

348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $17.

9,2777 Section 2777. 348.25 (8) (a) 2. of the statutes is amended to read:

348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $22.

9,2778 Section 2778. 348.25 (8) (a) 2m. of the statutes is amended to read:

348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $28.

9,2779 Section 2779. 348.25 (8) (a) 3. of the statutes is amended to read:

348.25 (8) (a) 3. For a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of s. 348.15 (3), 10% of the fee specified in par. (b) 3. for an annual permit for the comparable gross weight, rounded to the nearest whole dollar.

9,2780 Section 2780. 348.25 (8) (b) 1. of the statutes is amended to read:

348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $66.

9,2781 Section 2781. 348.25 (8) (b) 2. of the statutes is amended to read:

348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $99.

9,2782 Section 2782. 348.25 (8) (b) 3. a. of the statutes is amended to read:

348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $220.

9,2783 Section 2783. 348.25 (8) (b) 3. b. of the statutes is amended to read:

348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385.

9,2784 Section 2784. 348.25 (8) (b) 3. c. of the statutes is amended to read:

348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

9,2785 Section 2785. 348.25 (8) (bm) of the statutes is renumbered 348.25 (8) (bm) 1. and amended to read:

348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003.

9,2786 Section 2786. 348.25 (8) (bm) 2. of the statutes is created to read:

348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000, or submitted after June 30, 2003.

9,2786m Section 2786m. 348.25 (11) of the statutes is created to read:

348.25 (11) The department shall develop and implement an automated system for designating the route to be traveled by a vehicle for which a permit is issued under s. 348.26 or 348.27.

9,2793 Section 2793. 350.01 (3r) of the statutes is created to read:

350.01 (3r) "Expedited service" means a process under which a person is able to renew a snowmobile certificate in person and with only one appearance at the site where certificates are issued.

9,2795 Section 2795. 350.02 (3m) of the statutes is created to read:

350.02 (3m) A law enforcement officer may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a flashing, oscillating or rotating blue light.

9,2796 Section 2796. 350.05 (1) (title) of the statutes is amended to read:

350.05 (1) (title) Age restriction Persons under 12.

9,2797 Section 2797. 350.05 (2) of the statutes is amended to read:

350.05 (2) Snowmobile Persons aged 12 to 16; snowmobile safety permit or operator's license required certificates and program. No person over the age of who is at least 12 years of age but under the age of 16 years of age may operate a snowmobile unless he or she holds a valid snowmobile safety certificate or is accompanied by a person over who is at least 18 years of age or by a person over who is at least 14 years of age having a and who holds a valid snowmobile safety certificate issued by the department. Any person who is over the age of 12 and at least 12 years of age but under the age of 16 years of age and who holds is required to hold a snowmobile safety certificate shall carry it while operating a snowmobile or while accompanying the operator on a snowmobile shall carry the certificate and shall display it to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

9,2798 Section 2798. 350.05 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

350.05 (2) Persons aged 12 and older; snowmobile safety certificates and program. (a) No person who is at least 12 years of age and who is born on or after January 1, 1985, may operate a snowmobile unless he or she holds a valid snowmobile safety certificate.

(b) Any person who is required to hold a snowmobile safety certificate while operating a snowmobile shall carry the certificate on the snowmobile and shall display the certificate to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

9,2799 Section 2799. 350.05 (3) of the statutes is amended to read:

350.05 (3) Exceptions. This section does not apply to the operation of snowmobiles by an operator under the age of 16 years upon lands owned or leased by the operator's parent or guardian. As used in this section, "leased lands" does not include lands leased by an organization of which said operator or the operator's parent or guardian is a member.

9,2800 Section 2800. 350.05 (4) of the statutes is amended to read:

350.05 (4) Definition. For purposes of this section, "accompanied" "accompany" means being to be on the same snowmobile as the operator.

9,2801 Section 2801 . 350.055 of the statutes is amended to read:

350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Persons Each person satisfactorily completing this program shall receive certification a snowmobile safety certificate from the department. The department may charge each person who enrolls in the course an instruction fee of $5. The department shall authorize instructors conducting such courses meeting standards established by it to retain $1 of the fee to defray expenses incurred locally to conduct the program. The remaining $4 of the fee shall be retained by the department to defray a part of its expenses incurred to conduct the safety and accident reporting program. A person over the age of 12 years who is at least 12 years of age but under the age of 16 years of age who holds is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada need not obtain a certificate from the department and if the course content of the program in such other state or province substantially meets that established by the department under this section.

9,2802 Section 2802 . 350.055 of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 2801 , is amended to read:

350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department may charge each person who enrolls in the course shall establish by rule an instruction fee of $5 for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department shall authorize instructors conducting such courses meeting standards established by it to retain $1 may determine the portion of the this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred locally to conduct by the instructor in conducting the program. The remaining $4 of the fee shall be retained by the department to defray a part of its expenses incurred to conduct the safety and accident reporting program instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. A person who is at least 12 years of age but under the 16 years of age who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

9,2803 Section 2803. 350.055 of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 2802 , is repealed and recreated to read:

350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

9,2805 Section 2805. 350.12 (3h) of the statutes is created to read:

350.12 (3h) Registration; renewals; agents. (a) Issuance; appointment of agents. For the issuance of snowmobile certificates, the department may do any of the following:

1. Directly issue the certificates.

2. Appoint, as an agent of the department, the clerk of one or more counties to issue the certificates.

3. Appoint persons who are not employes of the department to issue the certificates as agents of the department.

(b) Duplicates. For purposes of this subsection, the issuance of a duplicate of a snowmobile certificate shall be considered the same as the issuance of an original certificate.

2. The department may promulgate rules regulating the activities of persons appointed under pars. (a) and (e).