SB55-ASA1,1121,214
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
5serve as the initial pleading and the defendant shall be deemed to have tendered a
6plea of no contest and submitted to a forfeiture and a penalty assessment, if required
7by s. 757.05, a jail assessment, if required by s. 302.46 (1),
a truck driver education
8assessment, if required by s. 349.04, a railroad crossing improvement assessment,
9if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug
10law enforcement assessment, if required by s. 165.755, plus costs, including any
11applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The
12court may either accept the plea of no contest and enter judgment accordingly, or
13reject the plea and issue a summons under ch. 968. If the defendant fails to appear
14in response to the summons, the court shall issue a warrant under ch. 968. If the
15court accepts the plea of no contest, the defendant may move within 6 months after
16the date set for the appearance to withdraw the plea of no contest, open the judgment
, 17and enter a plea of not guilty upon a showing to the satisfaction of the court that the
18failure to appear was due to mistake, inadvertence, surprise
, or excusable neglect.
19If on reopening the defendant is found not guilty, the court shall immediately notify
20the department to delete the record of conviction based on the original proceeding
21and shall order the defendant's deposit returned.
SB55-ASA1,1122,523
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
24judgment, the official receiving the forfeiture, the penalty assessment, if required by
25s. 757.05, the jail assessment, if required by s. 302.46 (1),
the truck driver education
1assessment, if required by s. 349.04, the railroad crossing improvement assessment,
2if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug
3law enforcement assessment, if required by s. 165.755, shall forward to the
4department a certification of the entry of default judgment or a judgment of
5forfeiture.
SB55-ASA1,1122,127
345.375
(2) Upon default of the defendant corporation or limited liability
8company or upon conviction, judgment for the amount of the forfeiture, the penalty
9assessment, if required under s. 757.05, the jail assessment, if required by s. 302.46
10(1),
the truck driver education assessment, if required by s. 349.04, and the crime
11laboratories and drug law enforcement assessment, if required under s. 165.755,
12shall be entered.
SB55-ASA1, s. 1757
13Section
1757. 345.47 (1) (intro.) of the statutes is amended to read:
SB55-ASA1,1122,2214
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
15judgment against the defendant for a monetary amount not to exceed the maximum
16forfeiture, penalty assessment, if required by s. 757.05, the jail assessment, if
17required by s. 302.46 (1),
the truck driver education assessment, if required by s.
18349.04, the railroad crossing improvement assessment, if required by s. 346.177,
19346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement
20assessment, if required by s. 165.755, provided for the violation and for costs under
21s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
22s. 343.30. If the judgment is not paid, the court shall order:
SB55-ASA1,1123,1024
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
25or revocation, that the defendant's operating privilege be suspended. The operating
1privilege shall be suspended for 30 days or until the person pays the forfeiture, the
2penalty assessment, if required by s. 757.05, the jail assessment, if required by s.
3302.46 (1),
the truck driver education assessment, if required by s. 349.04, the
4railroad crossing improvement assessment, if required by s. 346.177, 346.495 or
5346.65 (4r), and the crime laboratories and drug law enforcement assessment, if
6required by s. 165.755, but not to exceed 2 years. Suspension under this paragraph
7shall not affect the power of the court to suspend or revoke under s. 343.30 or the
8power of the secretary to suspend or revoke the operating privilege. This paragraph
9does not apply if the judgment was entered solely for violation of an ordinance
10unrelated to the violator's operation of a motor vehicle.
SB55-ASA1,1124,212
345.47
(1) (c) If a court or judge suspends an operating privilege under this
13section, the court or judge shall immediately take possession of the suspended license
14and shall forward it to the department together with the notice of suspension, which
15shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
16assessment, if required by s. 757.05,
a truck driver education assessment, if required
17by s. 349.04, a jail assessment, if required by s. 302.46 (1), a railroad crossing
18improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a
19crime laboratories and drug law enforcement assessment, if required by s. 165.755,
20imposed by the court. The notice of suspension and the suspended license, if it is
21available, shall be forwarded to the department within 48 hours after the order of
22suspension. If the forfeiture, penalty assessment, jail assessment,
truck driver
23education assessment, railroad crossing improvement assessment
, and crime
24laboratories and drug law enforcement assessment are paid during a period of
25suspension, the court or judge shall immediately notify the department. Upon
1receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the
2department shall return the surrendered license.
SB55-ASA1,1124,94
345.47
(2) The payment of any judgment may be suspended or deferred for not
5more than 60 days in the discretion of the court. In cases where a deposit has been
6made, any forfeitures, penalty assessments, jail assessments,
truck driver education
7assessments, railroad crossing improvement assessments, crime laboratories and
8drug law enforcement assessments
, and costs shall be taken out of the deposit and
9the balance, if any, returned to the defendant.
SB55-ASA1,1124,1611
345.47
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a
12penalty assessment, a jail assessment,
a truck driver education assessment, a
13railroad crossing improvement assessment
, or a crime laboratories and drug law
14enforcement assessment for an action brought by a municipality located in more
15than one county, any commitment to a county institution shall be to the county in
16which the action was tried.
SB55-ASA1,1125,318
345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
19forfeiture, a penalty assessment, if required by s. 757.05, a jail assessment, if
20required by s. 302.46 (1),
a truck driver education assessment, if required by s.
21349.04, a railroad crossing improvement assessment, if required by s. 346.177,
22346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment,
23if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the
24person does work, earnings shall be applied on the unpaid forfeiture, penalty
25assessment,
truck driver education assessment, jail assessment, railroad crossing
1improvement assessment
, or crime laboratories and drug law enforcement
2assessment after payment of personal board and expenses and support of personal
3dependents to the extent directed by the court.
SB55-ASA1,1125,205
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
6nonpayment of a forfeiture, penalty assessment,
truck driver education assessment, 7jail assessment, railroad crossing improvement assessment
, or crime laboratories
8and drug law enforcement assessment may be placed on probation to some person
9satisfactory to the court for not more than 90 days or until the forfeiture, penalty
10assessment,
truck driver education assessment, jail assessment, railroad crossing
11improvement assessment
, or crime laboratories and drug law enforcement
12assessment is paid if that is done before expiration of the 90-day period. The
13payment of the forfeiture, penalty assessment,
truck driver education assessment, 14jail assessment, railroad crossing improvement assessment
, or crime laboratories
15and drug law enforcement assessment during that period shall be a condition of the
16probation. If the forfeiture, penalty assessment,
truck driver education assessment, 17jail assessment, railroad crossing improvement assessment
, or crime laboratories
18and drug law enforcement assessment is not paid or the court deems that the
19interests of justice require, probation may be terminated and the defendant
20imprisoned as provided in sub. (1) or s. 345.47.
SB55-ASA1,1126,1022
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
23any printed card or other certificate issued by an automobile club, association or
24insurance company to any of its members or insureds, which card or certificate is
25signed by the member or insureds and contains a printed statement that the
1automobile club, association or insurance company and a surety company, or an
2insurance company authorized to transact both automobile liability insurance and
3surety business, guarantee the appearance of the persons whose signature appears
4on the card or certificate and that they will in the event of failure of the person to
5appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
6including the penalty assessment required by s. 757.05,
the truck driver education
7assessment required by s. 349.04, the jail assessment required by s. 302.46 (1), the
8railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65
9(4r)
, and the crime laboratories and drug law enforcement assessment required by
10s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).
SB55-ASA1,1126,1312
346.57
(4) (L) Thirty-five miles per hour on STH 58 from I 90/94 in the city of
13Mauston to Fairway Lane in the town of Lisbon, in Juneau County.
SB55-ASA1,1126,1615
346.57
(4) (m) Forty-five miles per hour on STH 58 from Fairway Lane to
16Welch Prairie Road in the town of Lisbon, in Juneau County.
SB55-ASA1,1127,718
346.57
(6) (a) On state trunk highways and connecting highways and on county
19trunk highways or highways marked and signed as county trunks, the speed limits
20specified in sub. (4) (e)
and, (f)
, (L), and (m) are not effective unless official signs
21giving notice thereof have been erected by the authority in charge of maintenance of
22the highway in question. The speed limit specified in sub. (4) (g) and (k) is not
23effective on any highway unless official signs giving notice thereof have been erected
24by the authority in charge of maintenance of the highway in question. The signs shall
25be erected at such points as the authority in charge of maintenance deems necessary
1to give adequate warning to users of the highway in question, but an alleged failure
2to post a highway as required by this paragraph is not a defense to a prosecution for
3violation of the speed limits specified in sub. (4) (e), (f), (g)
or, (k),
(L), or (m), or in an
4ordinance enacted in conformity therewith, if official signs giving notice of the speed
5limit have been erected at those points on the highway in question where a person
6traversing such highway would enter it from an area where a different speed limit
7is in effect.
SB55-ASA1,1127,119
346.60
(2) (a) Except as provided in sub. (3m) or (5), any person violating s.
10346.57 (4) (d) to (g)
or, (h)
, (L), or (m) or (5) or 346.58 may be required to forfeit not
11less than $30 nor more than $300.
SB55-ASA1,1127,1713
346.60
(3m) (a) If an operator of a vehicle violates s. 346.57 (2), (3), (4) (d) to
14(h)
, (L), or (m) or (5) where persons engaged in work in a highway maintenance or
15construction area or in a utility work area are at risk from traffic, any applicable
16minimum and maximum forfeiture specified in sub. (2) or (3) for the violation shall
17be doubled.
SB55-ASA1,1127,2119
346.65
(2g) (d) With respect to imprisonment under sub. (2) (b), the court shall
20ensure that the person is imprisoned for not less than 5 days or ordered to perform
21not less than 30 days of community service work under s. 973.03 (3) (a).
SB55-ASA1,1128,1123
346.65
(6) (a) 1.
The Except as provided in s. 343.301, the court may order a law
24enforcement officer to seize the motor vehicle used in the violation or improper
25refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall
1order a law enforcement officer to equip the motor vehicle with an ignition interlock
2device or immobilize any motor vehicle owned by the person, whose operating
3privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63
4(1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b), (c) or (d) or 940.25 (1) (a), (b), (c) or
5(d) if the person whose operating privilege is revoked under s. 343.305 (10) or who
6is convicted of the violation has 2 or more prior suspensions, revocations or
7convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's
8lifetime, plus other convictions, suspensions or revocations counted under s. 343.307
9(1). The court may not order a motor vehicle seized, equipped with an ignition
10interlock device or immobilized if that would result in undue hardship or extreme
11inconvenience or would endanger the health and safety of a person.
SB55-ASA1, s. 3443k
12Section 3443k. 346.65 (6) (a) 1. of the statutes, as affected by 2001 Wisconsin
13Act .... (this act), is amended to read:
SB55-ASA1,1129,414
346.65
(6) (a) 1.
Except as provided in s. 343.301, the The court may order a law
15enforcement officer to seize the motor vehicle used in the violation or improper
16refusal and owned by the person
, or, if the motor vehicle is not ordered seized, shall
17order a law enforcement officer to equip the motor vehicle with an ignition interlock
18device or immobilize any motor vehicle owned by the person, whose operating
19privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63
20(1) (a)
, or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
or, (b), (c)
, or (d)
, or 940.25 (1) (a), (b), (c)
, 21or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who
22is convicted of the violation has 2 or more prior suspensions, revocations
, or
23convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's
24lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307
25(1). The court may not order a motor vehicle seized
, equipped with an ignition
1interlock device or immobilized if that if the court enters an order under s. 343.301
2to immobilize the motor vehicle or equip the motor vehicle with an ignition interlock
3device or if seizure would result in undue hardship or extreme inconvenience or
4would endanger the health and safety of a person.
SB55-ASA1,1129,176
346.65
(6) (m)
The Except as provided in s. 343.301, the court may order a
7vehicle to be immobilized under this subsection for not more than the period that the
8person's operating privilege is revoked under s. 343.30 or 343.31. The court may
9order a vehicle to be equipped with an ignition interlock device under this subsection
10for not more than 2 years more than the period that the person's operating privilege
11is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle
12immobilized or equipped with an ignition interlock device under this subsection, the
13owner shall be liable for the reasonable costs of the immobilization or the equipping
14of the ignition interlock device. If a motor vehicle that is immobilized is subject to
15a security agreement, the court shall release the motor vehicle to the secured party
16upon the filing of an affidavit by the secured party that the security agreement is in
17default and upon payment of the accrued cost of immobilizing the motor vehicle.
SB55-ASA1,1129,2519
346.655
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
20(1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25,
21or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver
22improvement surcharge in an amount of
$345 $355 in addition to the fine or
23forfeiture, penalty assessment, jail assessment
and, crimes laboratories and drug
24law enforcement assessment
, and, if required by s. 349.04, truck driver education
25assessment.
SB55-ASA1,1130,62
346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
3transmit the amount to the treasurer of the county, city, town
, or village, and that
4treasurer shall make payment of 38.5% of the amount to the state treasurer as
5provided in s. 66.0114 (1)
(b) (bm). The treasurer of the city, town
, or village shall
6transmit the remaining 61.5% of the amount to the treasurer of the county.
SB55-ASA1,1130,138
347.413
(1) No person may remove, disconnect, tamper with or otherwise
9circumvent the operation of an ignition interlock device installed in response to the
10court order under s.
343.301 (1) or 346.65 (6). This subsection does not apply to the
11removal of an ignition interlock device upon the expiration of the order requiring the
12motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition
13interlock device by a person authorized by the department.
SB55-ASA1, s. 3445g
14Section 3445g. 347.413 (1) of the statutes, as affected by 2001 Wisconsin Act
15.... (this act), is amended to read:
SB55-ASA1,1130,2216
347.413
(1) No person may remove, disconnect, tamper with
, or otherwise
17circumvent the operation of an ignition interlock device installed in response to the
18court order under s.
343.301 (1) or 346.65 (6)
, 1999 stats., or s. 343.301 (1). This
19subsection does not apply to the removal of an ignition interlock device upon the
20expiration of the order requiring the motor vehicle to be so equipped or to necessary
21repairs to a malfunctioning ignition interlock device by a person authorized by the
22department.
SB55-ASA1,1131,324
347.417
(1) No person may remove, disconnect, tamper with or otherwise
25circumvent the operation of any immobilization device installed in response to a
1court order under s.
343.301 (2) or 346.65 (6). This subsection does not apply to the
2removal of an immobilization device pursuant to a court order or to necessary repairs
3to a malfunctioning immobilization device.
SB55-ASA1, s. 3445j
4Section 3445j. 347.417 (1) of the statutes, as affected by 2001 Wisconsin Act
5.... (this act), is amended to read:
SB55-ASA1,1131,106
347.417
(1) No person may remove, disconnect, tamper with
, or otherwise
7circumvent the operation of any immobilization device installed in response to a
8court order under s.
343.301 (2) or 346.65 (6)
, 1999 stats., or s. 343.301 (2). This
9subsection does not apply to the removal of an immobilization device pursuant to a
10court order or to necessary repairs to a malfunctioning immobilization device.
SB55-ASA1,1131,1612
347.417
(2) The department shall design a warning label which shall be affixed
13by the owner of each immobilization device before the device is used to immobilize
14any motor vehicle under s.
343.301 (2) or 346.65 (6). The label shall provide notice
15of the penalties for removing, disconnecting, tampering with or otherwise
16circumventing the operation of the immobilization device.
SB55-ASA1, s. 3445m
17Section 3445m. 347.417 (2) of the statutes, as affected by 2001 Wisconsin Act
18.... (this act), is amended to read:
SB55-ASA1,1131,2419
347.417
(2) The department shall design a warning label which shall be affixed
20by the owner of each immobilization device before the device is used to immobilize
21any motor vehicle under s.
343.301 (2) or 346.65 (6)
, 1999 stats., or s. 343.301 (2).
22The label shall provide notice of the penalties for removing, disconnecting,
23tampering with
, or otherwise circumventing the operation of the immobilization
24device.
SB55-ASA1,1132,4
1348.25
(8) (a) 1. For a vehicle or combination of vehicles
which that exceeds
2length limitations, $15, except that if the application for a permit for a vehicle
3described in this subdivision is submitted to the department after
4December 31,
1999 2001, and before
July 1, 2003 March 1, 2009, the fee is $17.
SB55-ASA1,1132,106
348.25
(8) (a) 2. For a vehicle or combination of vehicles
which that exceeds
7either width limitations or height limitations, $20, except that if the application for
8a permit for a vehicle described in this subdivision is submitted to the department
9after December 31,
1999 2001, and before
July 1, 2003 March 1, 2009, the fee is
$22
10$23.
SB55-ASA1,1132,1512
348.25
(8) (a) 2m. For a vehicle or combination of vehicles
which that exceeds
13both width and height limitations, $25, except that if the application for a permit for
14a vehicle described in this subdivision is submitted to the department after
15December 31,
1999 2001, and before
July 1, 2003 March 1, 2009, the fee is
$28 $29.
SB55-ASA1,1132,2017
348.25
(8) (b) 1. For a vehicle or combination of vehicles
which that exceeds
18length limitations, $60, except that if the application for a permit for a vehicle
19described in this subdivision is submitted to the department after
20December 31,
1999 2001, and before
July 1, 2003 March 1, 2009, the fee is
$66 $69.
SB55-ASA1,1133,222
348.25
(8) (b) 2. For a vehicle or combination of vehicles
which that exceeds
23width limitations or height limitations or both, $90, except that if the application for
24a permit for a vehicle described in this subdivision is submitted to the department
1after December 31,
1999 2001, and before
July 1, 2003 March 1, 2009, the fee is
$99 2$104.
SB55-ASA1,1133,74
348.25
(8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that
5if the application for a permit for a vehicle described in this subd. 3. a. is submitted
6to the department after December 31,
1999 2001, and before
July 1, 2003 March 1,
72009, the fee is
$220 $230.
SB55-ASA1,1133,129
348.25
(8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more
10than 100,000 pounds, $350, except that if the application for a permit for a vehicle
11described in this subd. 3. b. is submitted to the department after December 31,
1999
122001, and before
July 1, 2003
March 1, 2009, the fee is
$385 $403.
SB55-ASA1,1133,2014
348.25
(8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus
15$100 for each 10,000-pound increment or fraction thereof by which the gross weight
16exceeds 100,000 pounds, except that if the application for a permit for a vehicle
17described in this subd. 3. c. is submitted to the department after December 31,
1999 182001, and before
July 1, 2003
March 1, 2009, the fee is
$385 plus $110 $403 plus $115 19for each 10,000-pound increment or fraction thereof by which the gross weight
20exceeds 100,000 pounds.
SB55-ASA1,1134,222
348.25
(8) (bm) 1. Unless a different fee is specifically provided, the fee for a
23consecutive month permit is one-twelfth of the fee under par. (b) for an annual
24permit times the number of months for which the permit is desired, plus $15 for each
1permit issued. This subdivision does not apply to applications for permits submitted
2after December 31, 1999, and before
July 1, 2003 March 1, 2009.
SB55-ASA1,1134,94
348.25
(8) (bm) 2. Unless a different fee is specifically provided, the fee for a
5consecutive month permit is one-twelfth of the fee under par. (b) for an annual
6permit times the number of months for which the permit is desired, plus
$16.50 7$17.25 for each permit issued, rounded to the nearest whole dollar. This subdivision
8does not apply to applications submitted before January 1,
2000 2002, or submitted
9after
June 30, 2003 February 28, 2009.
SB55-ASA1,1134,14
11349.04 Truck driver education assessments. (1) If a court imposes a fine
12or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs.
13346 to 348 and the violation involved a commercial motor vehicle, the court shall
14impose a truck driver education assessment of $8.
SB55-ASA1,1134,16
15(2) If a fine or forfeiture is suspended in whole or in part, the truck driver
16education assessment shall be reduced in proportion to the suspension.
SB55-ASA1,1134,22
17(3) If any deposit is made for an offense to which this section applies, the person
18making the deposit shall also deposit a sufficient amount to include the truck driver
19education assessment under this section. If the deposit is forfeited, the amount of
20the truck driver education assessment shall be transmitted to the state treasurer
21under sub. (4). If the deposit is returned, the amount of the truck driver education
22assessment shall also be returned.
SB55-ASA1,1135,2
23(4) The clerk of the circuit court shall collect and transmit to the county
24treasurer the truck driver education assessment as required under s. 59.40 (2) (m).
25The county treasurer shall then pay the state treasurer is provided in s. 59.25 (3) (f)
12. The state treasurer shall deposit all amounts received under this subsection in
2the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).
SB55-ASA1,1135,7
3(5) This section first applies to fines and forfeitures imposed on the first day
4of the first month beginning after the director of the technical college system notifies
5the director of state courts under 2001 Wisconsin Act .... (this act), section 9148 (1f)
6that the truck driver training center at Waukesha County Technical College is
7scheduled to open.
SB55-ASA1,1135,149
349.06
(3) If an operator of a vehicle violates a local ordinance in strict
10conformity with s. 346.04 (1) or (2), 346.18 (6), 346.27, 346.37, 346.39, 346.46 (1),
11346.57 (2), (3), (4) (d) to (h)
, (L), or (m) or (5) or 346.62 (2) where persons engaged in
12work in a highway maintenance or construction area or in a utility work area are at
13risk from traffic, any applicable minimum and maximum forfeiture for the violation
14shall be doubled.
SB55-ASA1,1135,20
16349.067 Traffic control signal emergency preemption devices. 17Notwithstanding s. 349.065, any traffic control signal installed by local authorities
18after the effective date of this section .... [revisor inserts date], that is equipped with
19an emergency preemption device, as defined in s. 84.02 (15) (a) 4., shall be installed
20with a confirmation signal, as defined in s. 84.02 (15) (a) 3.
SB55-ASA1,1135,2222
349.11
(2) (d) Modify the limits stated in s. 346.57 (4) (L) or (m).