SB44, s. 2571
20Section
2571. 343.315 (2) (k) of the statutes is created to read:
SB44,986,221
343.315
(2) (k) A person disqualified by federal authorities under
49 USC
2231310 (f) and
49 CFR 383.52 on the basis that the person's continued operation of a
23commercial motor vehicle would create an imminent hazard, as defined in
49 USC
245102 and
49 CFR 383.5, is disqualified from operating a commercial motor vehicle
1for the period of disqualification determined by the federal authority upon receipt by
2the department of the notice of disqualification provided for in
49 CFR 383.52 (d).
SB44, s. 2572
3Section
2572. 343.44 (1) (d) of the statutes is amended to read:
SB44,986,104
343.44
(1) (d)
Operating while disqualified. No person may operate a
5commercial motor vehicle while disqualified under s. 343.315 or
49 CFR 383.51,
6under the law of another jurisdiction or Mexico that provides for disqualification of
7commercial drivers in a manner similar to
49 CFR 383.51, or under a determination
8by the federal
highway motor carrier safety administration under the federal rules
9of practice for motor carrier safety contained in
49 CFR 386 that the person is no
10longer qualified to operate a vehicle under
49 CFR 391.
SB44, s. 2573
11Section
2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:
SB44,986,1612
343.44
(2) (b) (intro.) Except as provided in par. (am), any person who violates
13sub. (1) (b)
, (c) or (d) shall be fined not more than $2,500 or imprisoned for not more
14than one year in the county jail or both. In imposing a sentence under this
15paragraph, or a local ordinance in conformity with this paragraph, the court shall
16review the record and consider the following:
SB44, s. 2574
17Section
2574. 343.44 (2) (bm) of the statutes is created to read:
SB44,986,2118
343.44
(2) (bm) Any person who violates sub. (1) (c) shall be fined not less than
19$1,100 nor more than $2,750 or imprisoned for not more than one year in the county
20jail or both. In imposing a sentence under this paragraph, the court shall review the
21record and consider the factors specified in par. (b) 1. to 5.
SB44, s. 2575
22Section
2575. 344.185 (2) (e) 2. of the statutes is amended to read:
SB44,987,223
344.185
(2) (e) 2. All other proceeds of the sale remaining after the payments
24under subd. 1. shall be retained by the secretary
of transportation and applied as
25security for payment of judgments and assignments as provided under s. 344.20 (2).
1Any amounts not used to pay judgments or assignments shall be transmitted to the
2state treasurer secretary of administration for deposit in the school fund.
SB44, s. 2576
3Section
2576. 344.576 (3) (a) 5. of the statutes is amended to read:
SB44,987,54
344.576
(3) (a) 5. The address and telephone number of the department of
5agriculture, trade and consumer protection justice.
SB44, s. 2577
6Section
2577. 344.576 (3) (c) of the statutes is amended to read:
SB44,987,117
344.576
(3) (c) The department of
agriculture, trade and consumer protection 8justice shall promulgate rules specifying the form of the notice required under par.
9(a), including the size of the paper and the type size and any highlighting of the
10information described in par. (a). The rule may specify additional information that
11must be included in the notice and the precise language that must be used.
SB44, s. 2578
12Section
2578. 344.579 (2) (intro.) of the statutes is amended to read:
SB44,987,1613
344.579
(2) Enforcement. (intro.) The department of
agriculture, trade and
14consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1),
15(2) and (3) (a) and (b), 344.577 and 344.578. The department of
agriculture, trade
16and consumer protection justice may on behalf of the state:
SB44, s. 2579
17Section
2579. 345.08 of the statutes is amended to read:
SB44,988,6
18345.08 Suit to recover protested tax or fee. No suit shall be maintained
19in any court to restrain or delay the collection or payment of the taxes levied or the
20fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax
21or fee as and when due and, if paid under protest, may at any time within 90 days
22from the date of such payment sue the state in an action at law to recover the tax or
23fee so paid. If it is finally determined that such tax or fee or any part thereof was
24wrongfully collected for any reason, the
department
secretary of administration
25shall
issue a warrant on the state treasurer for
pay from the transportation fund the
1amount of such tax or fee so adjudged to have been wrongfully collected
and the state
2treasurer shall pay the same out of the transportation fund. A separate suit need not
3be filed for each separate payment made by any taxpayer, but a recovery may be had
4in one suit for as many payments as were made within the 90-day period preceding
5the commencement of the action. Such suits shall be commenced as provided in s.
6775.01.
SB44, s. 2580
7Section
2580. 346.177 (3) of the statutes is amended to read:
SB44,988,148
346.177
(3) If any deposit is made for an offense to which this section applies,
9the person making the deposit shall also deposit a sufficient amount to include the
10railroad crossing improvement assessment under this section. If the deposit is
11forfeited, the amount of the railroad crossing improvement assessment shall be
12transmitted to the
state treasurer secretary of administration under sub. (4). If the
13deposit is returned, the amount of the railroad crossing improvement assessment
14shall also be returned.
SB44, s. 2581
15Section
2581. 346.177 (4) of the statutes is amended to read:
SB44,988,2116
346.177
(4) The clerk of the circuit court shall collect and transmit to the county
17treasurer the railroad crossing improvement assessment as required under s. 59.40
18(2) (m). The county treasurer shall then pay the
state treasurer secretary of
19administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
20administration shall deposit all amounts received under this subsection in the
21transportation fund to be appropriated under s. 20.395 (2) (gj).
SB44, s. 2582
22Section
2582. 346.45 (3) (d) of the statutes is amended to read:
SB44,989,223
346.45
(3) (d) A railroad grade crossing which is marked with a sign in
24accordance with s. 195.285 (3). Such signs shall be erected by the maintaining
1authority only upon order of the
office of the commissioner of railroads as set forth
2in department or the division of hearings and appeals in accordance with s. 195.285.
SB44, s. 2583
3Section
2583. 346.495 (3) of the statutes is amended to read:
SB44,989,104
346.495
(3) If any deposit is made for an offense to which this section applies,
5the person making the deposit shall also deposit a sufficient amount to include the
6railroad crossing improvement assessment under this section. If the deposit is
7forfeited, the amount of the railroad crossing improvement assessment shall be
8transmitted to the
state treasurer secretary of administration under sub. (4). If the
9deposit is returned, the amount of the railroad crossing improvement assessment
10shall also be returned.
SB44, s. 2584
11Section
2584. 346.495 (4) of the statutes is amended to read:
SB44,989,1712
346.495
(4) The clerk of the circuit court shall collect and transmit to the county
13treasurer the railroad crossing improvement assessment as required under s. 59.40
14(2) (m). The county treasurer shall then pay the
state treasurer secretary of
15administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
16administration shall deposit all amounts received under this subsection in the
17transportation fund to be appropriated under s. 20.395 (2) (gj).
SB44, s. 2585
18Section
2585. 346.63 (2m) of the statutes is amended to read:
SB44,990,219
346.63
(2m) If a person has not attained the legal drinking age, as defined in
20s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
21has an alcohol concentration of more than 0.0 but not more than
0.1 0.08. One
22penalty for violation of this subsection is suspension of a person's operating privilege
23under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
24at any time. If a person arrested for a violation of this subsection refuses to take a
1test under s. 343.305, the refusal is a separate violation and the person is subject to
2revocation of the person's operating privilege under s. 343.305 (10) (em).
SB44, s. 2586
3Section
2586. 346.63 (5) (a) of the statutes is amended to read:
SB44,990,54
346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
5the person has an alcohol concentration of 0.04 or more but less than
0.1 0.08.
SB44, s. 2587
6Section
2587. 346.63 (6) (a) of the statutes is amended to read:
SB44,990,97
346.63
(6) (a) No person may cause injury to another person by the operation
8of a commercial motor vehicle while the person has an alcohol concentration of 0.04
9or more but less than
0.1 0.08.
SB44, s. 2588
10Section
2588. 346.65 (4r) (c) of the statutes is amended to read:
SB44,990,1711
346.65
(4r) (c) If any deposit is made for an offense to which this subsection
12applies, the person making the deposit shall also deposit a sufficient amount to
13include the railroad crossing improvement assessment under this subsection. If the
14deposit is forfeited, the amount of the railroad crossing improvement assessment
15shall be transmitted to the
state treasurer secretary of administration under par. (d).
16If the deposit is returned, the amount of the railroad crossing improvement
17assessment shall also be returned.
SB44, s. 2589
18Section
2589. 346.65 (4r) (d) of the statutes is amended to read:
SB44,990,2419
346.65
(4r) (d) The clerk of the circuit court shall collect and transmit to the
20county treasurer the railroad crossing improvement assessment as required under
21s. 59.40 (2) (m). The county treasurer shall then pay the
state treasurer secretary
22of administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
23administration shall deposit all amounts received under this paragraph in the
24transportation fund to be appropriated under s. 20.395 (2) (gj).
SB44, s. 2590
25Section
2590. 346.655 (2) (a) of the statutes is amended to read:
SB44,991,4
1346.655
(2) (a) Except as provided in par. (b), the clerk of court shall collect and
2transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
3(2) (m). The county treasurer shall then make payment of 38.5% of the amount to
4the
state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
SB44, s. 2591
5Section
2591. 346.655 (2) (b) of the statutes is amended to read:
SB44,991,116
346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
7transmit the amount to the treasurer of the county, city, town, or village, and that
8treasurer shall make payment of 38.5% of the amount to the
state treasurer 9secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the
10city, town, or village shall transmit the remaining 61.5% of the amount to the
11treasurer of the county.
SB44, s. 2592
12Section
2592. 346.655 (3) of the statutes is amended to read:
SB44,991,1813
346.655
(3) All moneys collected from the driver improvement surcharge that
14are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts
15that the county treasurer is required to transmit to the
state treasurer secretary of
16administration under sub. (2) (a) or (b), shall be retained by the county treasurer and
17disbursed to the county department under s. 51.42 for services under s. 51.42 for
18drivers referred through assessment.
SB44, s. 2593
19Section
2593. 348.25 (8) (a) (intro.) of the statutes is amended to read:
SB44,991,2120
348.25
(8) (a) (intro.) Except as provided under par. (dm), the department shall
21charge the following fees for each permit issued under s. 348.26
or 348.27:
SB44, s. 2594
22Section
2594. 348.25 (8) (a) 1. of the statutes is amended to read:
SB44,992,223
348.25
(8) (a) 1. For a vehicle or combination of vehicles which exceeds length
24limitations, $15, except that if the application for a permit for a vehicle described in
1this subdivision is submitted to the department after December 31,
1999, and before
2July 1,
2003 2005, the fee is $17.
SB44, s. 2595
3Section
2595. 348.25 (8) (a) 2. of the statutes is amended to read:
SB44,992,74
348.25
(8) (a) 2. For a vehicle or combination of vehicles which exceeds either
5width limitations or height limitations, $20, except that if the application for a
6permit for a vehicle described in this subdivision is submitted to the department
7after December 31, 1999, and before July 1,
2003 2005, the fee is $22.
SB44, s. 2596
8Section
2596. 348.25 (8) (a) 2m. of the statutes is amended to read:
SB44,992,129
348.25
(8) (a) 2m. For a vehicle or combination of vehicles which exceeds both
10width and height limitations, $25, except that if the application for a permit for a
11vehicle described in this subdivision is submitted to the department after
12December 31, 1999, and before July 1,
2003
2005, the fee is $28.
SB44, s. 2597
13Section
2597. 348.25 (8) (b) 1. of the statutes is amended to read:
SB44,992,1714
348.25
(8) (b) 1. For a vehicle or combination of vehicles which exceeds length
15limitations, $60, except that if the application for a permit for a vehicle described in
16this subdivision is submitted to the department after December 31, 1999, and before
17July 1,
2003 2005, the fee is $66.
SB44, s. 2598
18Section
2598. 348.25 (8) (b) 2. of the statutes is amended to read:
SB44,992,2219
348.25
(8) (b) 2. For a vehicle or combination of vehicles which exceeds width
20limitations or height limitations or both, $90, except that if the application for a
21permit for a vehicle described in this subdivision is submitted to the department
22after December 31, 1999, and before July 1,
2003 2005, the fee is $99.
SB44, s. 2599
23Section
2599. 348.25 (8) (b) 3. a. of the statutes is amended to read:
SB44,993,224
348.25
(8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that
25if the application for a permit for a vehicle described in this subd. 3. a. is submitted
1to the department after December 31, 1999, and before July 1,
2003 2005, the fee is
2$220.
SB44, s. 2600
3Section
2600. 348.25 (8) (b) 3. b. of the statutes is amended to read:
SB44,993,74
348.25
(8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more
5than 100,000 pounds, $350, except that if the application for a permit for a vehicle
6described in this subd. 3. b. is submitted to the department after December 31, 1999,
7and before July 1,
2003 2005, the fee is $385.
SB44, s. 2601
8Section
2601. 348.25 (8) (b) 3. c. of the statutes is amended to read:
SB44,993,149
348.25
(8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus
10$100 for each 10,000-pound increment or fraction thereof by which the gross weight
11exceeds 100,000 pounds, except that if the application for a permit for a vehicle
12described in this subd. 3. c. is submitted to the department after December 31, 1999,
13and before July 1,
2003 2005, the fee is $385 plus $110 for each 10,000-pound
14increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
SB44, s. 2602
15Section
2602. 348.25 (8) (bm) 1. of the statutes is amended to read:
SB44,993,2016
348.25
(8) (bm) 1. Unless a different fee is specifically provided, the fee for a
17consecutive month permit is one-twelfth of the fee under par. (b) for an annual
18permit times the number of months for which the permit is desired, plus $15 for each
19permit issued. This subdivision does not apply to applications for permits submitted
20after December 31, 1999, and before July 1,
2003 2005.
SB44, s. 2603
21Section
2603. 348.25 (8) (bm) 2. of the statutes is amended to read:
SB44,994,222
348.25
(8) (bm) 2. 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 $16.50 for
25each permit issued, rounded to the nearest whole dollar. This subdivision does not
1apply to applications submitted before January 1, 2000, or submitted after
2June 30,
2003 2005.
SB44, s. 2604
3Section
2604. 348.25 (8) (e) of the statutes is amended to read:
SB44,994,124
348.25
(8) (e) The officer or agency authorized to issue a permit under s. 348.26
5or 348.27 may require any applicant for a permit under s. 348.26
or 348.27 to pay the
6cost of any special investigation undertaken to determine whether a permit should
7be approved or denied and to pay an additional fee of $5 per permit if a department
8telephone call-in procedure is used.
If the department permits the payment of the
9fee under par. (a) by telephone or Internet with use of a credit card, the department
10shall charge a fee to be established by rule for each transaction. The fee shall
11approximate the cost to the department for providing this service to persons so
12requesting.
SB44, s. 2605
13Section
2605. 349.04 (3) of the statutes is amended to read:
SB44,994,1914
349.04
(3) If any deposit is made for an offense to which this section applies,
15the person making the deposit shall also deposit a sufficient amount to include the
16truck driver education assessment under this section. If the deposit is forfeited, the
17amount of the truck driver education assessment shall be transmitted to the
state
18treasurer secretary of administration under sub. (4). If the deposit is returned, the
19amount of the truck driver education assessment shall also be returned.
SB44, s. 2606
20Section
2606. 349.04 (4) of the statutes is amended to read:
SB44,995,221
349.04
(4) The clerk of the circuit court shall collect and transmit to the county
22treasurer the truck driver education assessment as required under s. 59.40 (2) (m).
23The county treasurer shall then pay the
state treasurer secretary of administration 24as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of administration shall
1deposit all amounts received under this subsection in the general fund to be credited
2to the appropriation account under s. 20.292 (1) (hm).
SB44, s. 2607
3Section
2607. 350.115 (1) (c) of the statutes is amended to read:
SB44,995,104
350.115
(1) (c) If any deposit is made for an offense to which this section applies,
5the person making the deposit shall also deposit a sufficient amount to include the
6snowmobile registration restitution payment prescribed in this section. If the
7deposit is forfeited, the amount of the snowmobile registration restitution payment
8shall be transmitted to the
state treasurer secretary of administration under par. (d).
9If the deposit is returned, the snowmobile registration restitution payment shall also
10be returned.
SB44, s. 2608
11Section
2608. 350.115 (1) (d) of the statutes is amended to read:
SB44,995,1512
350.115
(1) (d) The clerk of the court shall collect and transmit to the county
13treasurer the snowmobile registration restitution payment and other amounts
14required under s. 59.40 (2) (m). The county treasurer shall then make payment to
15the
state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
SB44, s. 2609
16Section
2609. 350.137 (1) of the statutes is amended to read:
SB44,995,2417
350.137
(1) The department, after having consulted with each rail authority,
18as defined in s. 350.138 (1) (b), in this state, that has furnished the department with
19the information required under s. 350.138 (2m), an established snowmobile
20association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this
21state, and the
office of the commissioner of railroads
department of transportation,
22shall promulgate rules to establish uniform maintenance standards and uniform
23design and construction standards for snowmobile rail crossings under ss. 350.138
24and 350.139.
SB44, s. 2610
25Section
2610. 350.138 (4) (c) of the statutes is amended to read:
SB44,996,6
1350.138
(4) (c) The department shall give notice of any hearing scheduled
2under par. (b) to the applicant, to the applicable rail authority, and to the
office of the
3commissioner of railroads department of transportation. The hearing shall be a
4contested case hearing under ch. 227. The
department's department of natural
5resources' order issuing or denying a permit is a final order subject to judicial review
6under ch. 227.
SB44, s. 2611
7Section
2611. 350.138 (9) of the statutes is amended to read:
SB44,996,128
350.138
(9) Inspection authorized. The department or the
office of the
9commissioner of railroads department of transportation may inspect the site of a
10proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which
11a permit has been issued to determine whether there are grounds to refuse to issue
12a permit under sub. (4) or to revoke a permit under sub. (8).
SB44, s. 2612
13Section
2612. 350.139 (5) of the statutes is amended to read:
SB44,996,1814
350.139
(5) Inspection authorized. The department or the
office of the
15commissioner of railroads department of transportation may inspect an established
16snowmobile rail crossing to determine whether the snowmobile organization
17maintaining the crossing is in compliance with the requirements imposed under sub.
18(4).
SB44, s. 2613
19Section
2613. 350.1395 (2) (b) 2. of the statutes is amended to read:
SB44,996,2520
350.1395
(2) (b) 2. The department shall hold a hearing on a petition filed under
21subd. 1. after giving notice of the hearing to the rail authority, the snowmobile
22organization, and the
office of the commissioner of railroads department of
23transportation. The hearing shall be a contested case hearing under ch. 227. The
24department's department of natural resources' order shall be a final order subject to
25judicial review under ch. 227.
SB44, s. 2614
1Section
2614. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:
SB44,997,62
350.1395
(2) (b) 3. (intro.) The department shall grant a rail authority's petition
3under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under
4subd. 2., and after giving substantial weight to the
office of the commissioner of
5railroads' department of transportation's testimony or report given under s. 195.03
6(30) (b), the department
of natural resources finds that any of the following applies:
SB44, s. 2615
7Section
2615. 350.1395 (4) (b) of the statutes is amended to read: