SB45: Bill Text

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SB45, s. 2733 Section 2733. 341.255 (4) of the statutes is repealed.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 of the statutes is repealed.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

SB45,1230,16 345.375 (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.

SB45, s. 2757 Section 2757. 345.47 (1) (intro.) of the statutes is amended to read:

SB45,1230,25 345.47 (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:

SB45, s. 2758 Section 2758. 345.47 (1) (b) of the statutes is amended to read:

SB45,1231,10 345.47 (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. 165.87 757.05, 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.

SB45, s. 2759 Section 2759. 345.47 (1) (c) of the statutes is amended to read:

SB45,1232,2 345.47 (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, and the fee required under s. 85.135, 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.

SB45, s. 2760 Section 2760. 345.49 (1) of the statutes is amended to read:

SB45,1232,13 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87 757.05, 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.

SB45, s. 2761 Section 2761. 345.61 (2) (c) of the statutes is amended to read:

SB45,1233,3 345.61 (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).

SB45, s. 2762 Section 2762. 346.02 (10) of the statutes is amended to read:

SB45,1233,11 346.02 (10) Applicability to snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) and, if the snowmobile is an authorized emergency vehicle, be subject to s. 346.03.

SB45, s. 2763 Section 2763. 346.02 (11) of the statutes is amended to read:

SB45,1233,20 346.02 (11) Applicability to all-terrain vehicles. The operator of an all-terrain vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) but is not and, if the all-terrain vehicle is an authorized emergency vehicle, is subject to s. 346.03, but no operator of an all-terrain vehicle is subject to any other provision of this chapter.

SB45, s. 2764 Section 2764. 346.03 (3) of the statutes is amended to read:

SB45,1234,5 346.03 (3) The exemption granted the operator of an authorized emergency vehicle by sub. (2) (a) applies only when the operator of the vehicle is giving visual signal by means of at least one flashing, oscillating or rotating red light except that the visual signal given by a police vehicle may be by means of a blue light and a red light which are flashing, oscillating or rotating, except as otherwise provided in sub. (4m) (a). The exemptions granted by sub. (2) (b), (c) and (d) apply only when the operator of the emergency vehicle is giving both such visual signal and also an audible signal by means of a siren or exhaust whistle, except as otherwise provided in sub. (4) or (4m).

SB45, s. 2765 Section 2765. 346.03 (4m) of the statutes is renumbered 346.03 (4m) (a).

SB45, s. 2766 Section 2766. 346.03 (4m) (b) of the statutes is created to read:

SB45,1234,10 346.03 (4m) (b) The exemptions granted by sub. (2) (b), (c) and (d) apply to a vehicle that is giving a visual signal or an audible signal, or both, in the manner described in sub. (3), if the vehicle is any of the following:

SB45,1234,13 1. 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).

SB45,1234,14 2. An all-terrain vehicle or snowmobile operated by a conservation warden.

SB45, s. 2767 Section 2767. 347.415 (1) of the statutes is renumbered 347.415 (1m) and amended to read:

SB45,1234,20 347.415 (1m) No person shall may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile or all-terrain vehicle with the intent to change or affect the number of miles indicated thereon.

SB45, s. 2768 Section 2768. 347.415 (1g) of the statutes is created to read:

SB45,1235,2 347.415 (1g) In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled on trips.

SB45, s. 2769 Section 2769. 347.415 (2) of the statutes is amended to read:

SB45,1235,9 347.415 (2) No person may operate a motor vehicle subject to registration under ch. 341 on any street or highway with knowledge that the odometer is removed, disconnected or nonfunctional. Notwithstanding s. 347.02 (2), no person may operate a snowmobile or all-terrain vehicle with knowledge that the odometer is removed, disconnected or nonfunctional. An exemption may be provided if parts are on back order to correct a nonfunctional odometer.

SB45, s. 2770 Section 2770. 347.415 (4) of the statutes is amended to read:

SB45,1235,12 347.415 (4) No person shall conspire with any other person to violate sub. (1) (1m), (2) or (3).

SB45, s. 2771 Section 2771. 347.50 (1) of the statutes is amended to read:

SB45,1235,16 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s. 347.415 (1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.48 (2m) or (4) (a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

SB45, s. 2772 Section 2772. 347.50 (2) of the statutes is amended to read:

SB45,1235,20 347.50 (2) Any person violating s. 347.415 (1) (1m), (2) and (3) to (5) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

SB45, s. 2773 Section 2773. 348.01 (2) (aj) of the statutes is created to read:

SB45,1236,2 348.01 (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.

SB45, s. 2774 Section 2774. 348.15 (3) (bg) of the statutes is amended to read:

SB45,1236,13 348.15 (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.

SB45, s. 2775 Section 2775. 348.15 (5) (intro.) of the statutes is amended to read: