SB45: Bill Text

SB45,1212,19 301.27 (2) Vending stands. The department shall establish and maintain a revolving fund not exceeding $60,000 $100,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.

SB45, s. 2712 Section 2712. 301.36 (1) of the statutes is amended to read:

SB45,1212,25 301.36 (1) General authority. The department shall investigate and supervise all of the state correctional institutions prisons under s. 302.01, all secured correctional facilities, all secured child caring institutions, all secured group homes and all secure detention facilities and familiarize itself with all of the circumstances affecting their management and usefulness.

SB45, s. 2713 Section 2713. 301.37 (1) of the statutes is amended to read:

SB45,1213,10 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of all houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.54 (14) (g), rehabilitation facilities under s. 59.53 (8), lockup facilities as defined in s. 302.30, work camps under s. 303.10, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, all secured group homes and secure detention facilities operated by county departments under s. 46.215, 46.22 or 46.23, with respect to their adequacy and fitness for the needs which they are to serve.

SB45, s. 2714 Section 2714. 301.45 (1) (b) of the statutes is amended to read:

SB45,1213,19 301.45 (1) (b) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation, or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB45, s. 2715 Section 2715. 301.45 (1) (bm) of the statutes is amended to read:

SB45,1214,4 301.45 (1) (bm) Is in prison, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home or is on probation, extended supervision, parole, supervision or aftercare supervision on or after December 25, 1993, for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent.

SB45, s. 2716 Section 2716. 301.45 (3) (a) 2. of the statutes is amended to read:

SB45,1214,9 301.45 (3) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, he or she is subject to this subsection upon being released on parole, extended supervision or aftercare supervision.

SB45, s. 2717 Section 2717. 301.45 (5) (a) 2. of the statutes is amended to read:

SB45,1214,13 301.45 (5) (a) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, 15 years after discharge from parole or aftercare supervision.

SB45, s. 2718 Section 2718. 302.01 of the statutes is amended to read:

SB45,1215,11 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary near Black River Falls is named "Jackson Correctional Institution". The medium maximum security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution institutions authorized under s. 301.16 (1n), (1s) and (1t), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, the probation and parole holding and alcohol and other drug abuse treatment facility authorized under s. 301.16 (1q) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

SB45, s. 2719 Section 2719. 340.01 (3) (b) of the statutes is amended to read:

SB45,1215,15 340.01 (3) (b) Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned;. Conservation wardens' vehicles include all-terrain vehicles and snowmobiles being operated by conservation wardens.

SB45, s. 2720 Section 2720. 340.01 (3) (bm) of the statutes is created to read:

SB45,1215,19 340.01 (3) (bm) A snowmobile operated by an employe of the department of natural resources who is authorized to exercise the authority of the department of natural resources under s. 23.11 (4).

SB45, s. 2721 Section 2721. 341.135 (1) of the statutes is amended to read:

SB45,1216,8 341.135 (1) Design. The Not later than July 1, 2000, and every 6th year thereafter, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am). The Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13 and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 6-year design interval. Each registration plate issued under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3) (a) 1. or (am) during each 6-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special group under s. 341.14 (6r) (f) 53. until January 1, 2005.

SB45, s. 2722 Section 2722. 341.135 (2) (a) of the statutes is renumbered 341.135 (2) (a) 1. and amended to read:

SB45,1216,16 341.135 (2) (a) 1. Beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) or 341.26 (2) and or (3) (a) 1. and or (am), the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

SB45,1216,25 (am) Notwithstanding ss. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52. 53., or s. 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This subdivision does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This subdivision does not apply after June 30, 2005.

SB45, s. 2723 Section 2723. 341.135 (2) (a) 2. of the statutes is created to read:

SB45,1217,10 341.135 (2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2005, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), or s. 341.25 (1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 6 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 6-year period under sub. (1). This subdivision does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats.

SB45, s. 2724 Section 2724. 341.135 (2) (e) of the statutes is amended to read:

SB45,1217,18 341.135 (2) (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under ss. s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and or (j) and or (2) (a), (b) and or (c) and or 341.26 (2) and or (3) (a) 1. and or (am) by July 1, 2003 within 5 years after the date specified in sub. (1), except that the department may not issue registration plates of a new design for a vehicle registered under s. 341.14 (6r) (f) 53. until January 1, 2005.

SB45, s. 2725 Section 2725. 341.135 (3) of the statutes is repealed.

SB45, s. 2726 Section 2726. 341.14 (6m) (a) of the statutes is amended to read:

SB45,1218,5 341.14 (6m) (a) Upon application to register an automobile, station wagon or motor truck which has a gross weight of not more than 8,000 pounds by any person who is a resident of this state and a member or retired member of the national guard, the department shall issue to the person special plates whose colors and design shall be determined by the department, after consultation with the adjutant general, and which have the words "Wisconsin guard member" placed on the plates in the manner designated by the department. The department shall consult with or obtain the approval of the adjutant general with respect to any word or symbol used to identify the national guard. An additional fee of $10 shall be charged for the issuance of the plates. Registration plates issued under this subsection shall expire annually.

SB45, s. 2727 Section 2727. 341.14 (6r) (c) of the statutes is amended to read:

SB45,1218,19 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the university University of Wisconsin system System before specifying the design for word or symbol used to identify the special group plates groups under par. (f) 35. to 47., the secretary of natural resources before specifying the design for word or symbol used to identify the special group plate group under par. (f) 50. and the child abuse and neglect prevention board before specifying the design for word or symbol used to identify the special group plate under par. (f) 53. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

SB45, s. 2728 Section 2728. 341.14 (6r) (e) of the statutes is amended to read:

SB45,1219,19 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47. and 50. The department, after consulting the president of the university of Wisconsin system, shall specify one combination of colors for special group plates under par. (f) 35. to 47. The department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization, except that the department may not specify the word or words or the symbol for special group plates under par. (f) 35. to 47. unless the word or words or symbol is approved in writing by the president of the university of Wisconsin system or, with respect to endangered resources, specify the word or words or the symbol for special group plates under par. (f) 50. unless the word or words or symbol is approved in writing by the secretary of natural resources or, with respect to child abuse and neglect prevention, specify any word or words other than "Children First" or the symbol for special group plates under par. (f) 53. unless the word or words or symbol is approved in writing by the child abuse and neglect prevention board. The president may not approve the word or words or symbol for a university specified under par. (f) 35. to 47. unless the chancellor of the university approves in writing the word or words or symbol. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the university University of Wisconsin system System specifies.

SB45, s. 2729 Section 2729. 341.14 (6r) (f) 53. of the statutes is amended to read:

SB45,1219,23 341.14 (6r) (f) 53. Persons interested in obtaining a plate with the words "Children First" "Celebrate Children" on it to show their support of the prevention of child abuse and neglect.

SB45, s. 2730 Section 2730. 341.19 (1) (b) of the statutes is amended to read:

SB45,1220,2 341.19 (1) (b) Five Ten dollars per vehicle as a late payment for fees received after the time period established by the department.

SB45, s. 2731 Section 2731. 341.25 (1) (gd) of the statutes is amended to read:

SB45,1220,9 341.25 (1) (gd) For each trailer or semitrailer or camping trailer having a gross weight of 3,000 pounds or less and used for hire or rental, a fee which is one-half of the fee prescribed for a motor truck of the same maximum gross weight. The maximum gross weight shall be determined in the same manner as for a motor truck. A trailer under this paragraph which is part of a fleet of 100 or more trailers used for hire or rental may be registered under s. 341.308.

SB45, s. 2732 Section 2732. 341.25 (1) (i) of the statutes is amended to read:

SB45,1220,12 341.25 (1) (i) For each mobile home, and for each camping trailer having a gross weight of more than 3,000 pounds, a fee of $15.

SB45, s. 2733 Section 2733. 341.255 (4) of the statutes is repealed.

SB45, s. 2734 Section 2734. 341.26 (2g) of the statutes is amended to read:

SB45,1220,23 341.26 (2g) Rebasing registration plates. Notwithstanding s. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.26 (2) and or (3) (a) 1. and or (am), the registration for which expires after June 30, 2000, and before January 1, 2004, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 6-year period under s. 341.135 (1). The department shall issue only one set of plates under this subsection for each vehicle registered under this section , if the department has not already issued registration plates of that design for that vehicle.

SB45, s. 2735 Section 2735. 343.12 (2m) of the statutes is created to read:

SB45,1221,5 343.12 (2m) The department shall require each person who holds an endorsement to operate a school bus to provide proof to the department that, within the past 4 years, the person has passed an examination described under sub. (2) (h). If a person fails to provide proof required under this subsection, the department shall cancel the person's operator's license as provided under s. 343.20 (1) (d).

SB45, s. 2736 Section 2736. 343.12 (4) (a) 2. of the statutes is repealed.

SB45, s. 2737 Section 2737. 343.16 (1) (a) of the statutes is amended to read:

SB45,1222,9 343.16 (1) (a) General. The Except as provided in pars. (b) and (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

SB45, s. 2738 Section 2738. 343.16 (1) (b) (intro.) of the statutes is amended to read:

SB45,1222,21 343.16 (1) (b) Third-party testing. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and, abbreviated driving skills tests required by sub. (3) (b) and, to persons at least 18 years of age, driving skills tests required by par. (a) for authorization to operate "Class D" vehicles. The department may not enter into such testing contracts with a private driver training school or other private institution for vehicles other than "Class D" vehicles. A contract with a 3rd-party tester shall include all of the following provisions:

SB45, s. 2739 Section 2739. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

SB45,1223,3 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for regular licenses and school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party by one of the following means:

SB45, s. 2740 Section 2740. 343.16 (1) (b) 4. of the statutes is amended to read:

SB45,1223,11 343.16 (1) (b) 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b).

SB45, s. 2741 Section 2741. 343.16 (1) (b) 5. of the statutes is amended to read:

SB45,1223,18 343.16 (1) (b) 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for regular license and school bus endorsement testing or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages.

SB45, s. 2742 Section 2742. 343.16 (1) (c) (intro.) of the statutes is amended to read:

SB45,1224,9 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs, and of the driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a "Class D" vehicle, in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The No person may administer a driving skills test under this paragraph to an applicant, unless the applicant is under 18 years of age, enrolled in a course described in subds. 1. to 4. and the driving skills test is administered as part of that course. Any test authorized under this paragraph may be administered and certified by an instructor in any of the following:

SB45, s. 2743 Section 2743. 343.16 (1) (c) 4. of the statutes is created to read:

SB45,1224,12 343.16 (1) (c) 4. A course in driver education in driver schools licensed under s. 343.61.

SB45, s. 2744 Section 2744. 343.17 (3) (a) 13. of the statutes is created to read:

SB45,1224,17 343.17 (3) (a) 13. If the person is under 18 years of age at the time of issuance of the license, a distinctive appearance specified by the department that clearly identifies to the public that the person was under 18 years of age at the time of issuance of the license.

SB45, s. 2745 Section 2745. 343.19 (1) of the statutes is amended to read:

SB45,1225,5 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

SB45, s. 2746 Section 2746. 343.20 (1) (d) of the statutes is amended to read:

SB45,1225,15 343.20 (1) (d) The department shall cancel an operator's license that is endorsed for the operation of school buses under s. 343.12 (2), regardless of the license expiration date, if the licensee fails to provide proof to the department that he or she has passed an examination as required under s. 343.12 (2m). The department shall cancel an operator's license that is endorsed for the operation of school buses under s. 343.12 (3), regardless of the license expiration date, if the licensee fails to provide proof to the department of an annual physical examination determining that the person meets the physical standards established under s. 343.12 (2) (g). The licensee may elect to surrender the license under s. 343.265 (1m).

SB45, s. 2747 Section 2747. 343.21 (2) of the statutes is amended to read:

SB45,1226,3 343.21 (2) (a) In addition to the fees set under sub. (1), any applicant whose application for a permit, license, upgrade or endorsement, taken together with the applicant's currently valid license, if any, requires the department to administer a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay to the department an examination fee of $20 for an examination in a commercial motor vehicle other than a school bus and $10 $15 for an examination in any other vehicle. Payment of the examination fee entitles the applicant to not more than 3 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license or endorsement in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the applicant to not more than 3 additional tests.

SB45,1226,11 (b) The operator shall pay to the department an examination fee of $10 $15 for conducting the special examination requested under s. 121.555 (2) (cm), except that if the examination is in a commercial motor vehicle other than a school bus the fee is $20. Payment of the examination fee entitles the person to not more than 3 tests of the person's ability to safely operate the vehicle proposed to be used under s. 121.555 (1) (a). If the applicant does not pass the examination for safe operation of the vehicle in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the person to not more than 3 additional tests.

SB45, s. 2748 Section 2748. 343.305 (9) (a) (intro.) of the statutes is amended to read:

SB45,1227,4 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made. The officer shall also mail a copy of the notice of intent to revoke to the district attorney for that county and the department. Neither party is entitled to prehearing discovery, except that at the refusal hearing, before a witness testifies, written or voice recorded statements of the witness, if any, shall be given to the defendant. For cause, the court may order the production of those statements before the hearing. This limit on discovery does not affect either party's right to discovery under s. 971.23 related to any criminal prosecution. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB45, s. 2749 Section 2749. 343.305 (9) (am) (intro.) of the statutes is amended to read:

SB45,1227,22 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made. The officer shall also mail a copy of the notice of intent to revoke to the district attorney for that county and the department. Neither party is entitled to prehearing discovery, except that at the refusal hearing, before a witness testifies, written or voice recorded statements of the witness, if any, shall be given to the defendant. For cause, the court may order the production of those statements before the hearing. This limit on discovery does not affect either party's right to discovery under s. 971.23 related to any criminal prosecution. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB45, s. 2750 Section 2750. 343.44 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB45,1228,3 343.44 (2) (a) Any person who violates sub. (1) (a) or a local ordinance in conformity therewith shall be required to forfeit not less than $50 nor more than $200.

SB45, s. 2751 Section 2751. 343.44 (2) (am) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB45,1228,9 343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 1999 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.

SB45, s. 2752 Section 2752. 345.09 (2) of the statutes is amended to read:

SB45,1228,24 345.09 (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.

SB45, s. 2753 Section 2753. 345.26 (1) (b) 1. of the statutes is amended to read:

SB45,1229,9 345.26 (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

SB45, s. 2754 Section 2754. 345.37 (2) of the statutes is amended to read:

SB45,1230,2 345.37 (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. 165.87 757.05, 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.

SB45, s. 2755 Section 2755. 345.37 (5) of the statutes is amended to read:

SB45,1230,10 345.37 (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.

SB45, s. 2756 Section 2756. 345.375 (2) of the statutes is amended to read: