AB100: Bill Text

AB100, s. 2230 Section 2230. 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:

AB100,1007,11 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd. 1. that an inmate whom the court sentenced under s. 973.01 has successfully completed the a treatment program described in sub. (1), the court shall modify the inmate's bifurcated sentence as follows:

AB100, s. 2231 Section 2231. 302.05 (3) (d) of the statutes is amended to read:

AB100,1007,15 302.05 (3) (d) The department may place intensive sanctions program participants in the a treatment program described in sub. (1), but pars. (b) and (c) do not apply to those participants.

AB100, s. 2232 Section 2232. 302.12 (2) of the statutes is amended to read:

AB100,1007,22 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements.

AB100, s. 2233 Section 2233. 302.13 of the statutes is amended to read:

AB100,1008,5 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.

AB100, s. 2234 Section 2234. 303.01 (2) (em) of the statutes is repealed.

AB100, s. 2235 Section 2235. 303.01 (8) (b) of the statutes is amended to read:

AB100,1008,17 303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law.

AB100, s. 2236 Section 2236. 303.01 (8) (c) of the statutes is repealed.

AB100, s. 2237 Section 2237. 303.01 (8) (d) of the statutes is repealed.

AB100, s. 2238 Section 2238. 303.01 (8) (e) of the statutes is repealed.

AB100, s. 2239 Section 2239. 303.01 (11) of the statutes is repealed.

AB100, s. 2240 Section 2240. 303.06 (3) of the statutes is repealed.

AB100, s. 2241 Section 2241. 303.065 (5) (bo) of the statutes is created to read:

AB100,1008,25 303.065 (5) (bo) Payment of the child abuse prevention and child mental health surcharge under s. 973.044 (4).

AB100, s. 2242 Section 2242. 303.21 (1) (b) of the statutes is amended to read:

AB100,1009,10 303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.

AB100, s. 2243 Section 2243. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read:

AB100,1009,16 341.09 (2m) (a) 1. Upon request by a dealer licensed in this state, the department may issue any number of temporary operation plates and temporary permits to a dealer under sub. (2) at a fee of $3 per plate item. The dealer may issue the temporary operation plate or permit at a fee of $3 to any of the following:

AB100,1010,2 2. Notwithstanding subd. 1., the department shall issue a sufficient number of temporary operation plates and temporary permits without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate or a temporary permit without charge to any state resident who purchases or leases from the dealer an automobile or motor truck having a registered weight of 8,000 pounds or less, for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of inspection under s. 110.20 when required, and for a new certificate of title for a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.

AB100,1010,4 3. The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates and temporary permits issued by the dealer.

AB100,1010,13 (d) If the department determines that a dealer has misused plates or permits issued under this subsection or sub. (4) or has failed to comply with the requirements of this section or rules issued under this section, the department may order the dealer to return all temporary operation plates and permits in the dealer's possession. Within 30 days after the issuance of the order, the dealer may request a hearing before the division of hearings and appeals. The division of hearings and appeals shall schedule a hearing with reasonable promptness. The dealer may not issue any temporary operation plates or permits until after the division of hearings and appeals holds its scheduled hearing and issues its findings.

AB100, s. 2244 Section 2244. 341.09 (9) of the statutes is amended to read:

AB100,1010,22 341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate or a temporary permit without charge for an automobile or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, if the department does not immediately issue the regular registration plates for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate or a temporary permit under this section.

AB100, s. 2245 Section 2245. 341.135 of the statutes is repealed.

AB100, s. 2246 Section 2246. 341.14 (6r) (b) 9. of the statutes is created to read:

AB100,1011,13 341.14 (6r) (b) 9. An additional fee of $15 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for a special group specified under par. (f) 1. to 32., 49., 49m., 51., or 56. An additional fee of $30 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for a special group specified under par. (f) 1. to 32., 49., 49m., 51., or 56. if the plate is issued or renewed during the first year of the biennial registration period or $15 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision shall be deposited in the veterans trust fund. To the extent permitted under ch. 71, the fee collected under this subdivision for the issuance or reissuance of a special plate under par. (f) 1. to 32., 49., 49m., 51., or 56. is deductible as a charitable contribution for purposes of taxes under ch. 71.

AB100, s. 2247 Section 2247. 341.14 (6r) (f) 56. of the statutes is created to read:

AB100,1011,15 341.14 (6r) (f) 56. Persons interested in supporting veterans.

AB100, s. 2248 Section 2248. 341.25 (1) (a) of the statutes is amended to read:

AB100,1011,19 341.25 (1) (a) For each automobile, a fee of $55 $65, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

AB100, s. 2249 Section 2249. 341.25 (2) (a) of the statutes is amended to read:

AB100,1011,21 341.25 (2) (a) Not more than 4,500$ 48.50 65.00

AB100, s. 2250 Section 2250. 341.25 (2) (b) of the statutes is amended to read:

AB100,1011,23 341.25 (2) (b) Not more than 6,00061.50 71.00

AB100, s. 2251 Section 2251. 341.25 (2) (c) of the statutes is amended to read:

AB100,1011,25 341.25 (2) (c) Not more than 8,00077.50 87.00

AB100, s. 2252 Section 2252. 342.06 (1) (intro.) of the statutes is amended to read:

AB100,1012,7 342.06 (1) (intro.) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee and any applicable taxes. The department shall provide the information it obtains under this subsection to the department of revenue for the sole purpose of administering state taxes. Each application for certificate of title shall include the following information:

AB100, s. 2253 Section 2253. 342.06 (1) (eg) of the statutes is amended to read:

AB100,1012,14 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of workforce development for the sole purpose of administering s. 49.22 and to the department of revenue for the sole purpose of administering state taxes.

AB100, s. 2254 Section 2254. 342.14 (1) of the statutes is amended to read:

AB100,1012,17 342.14 (1) For filing an application for the first certificate of title, $18.50 $28.50, by the owner of the vehicle.

AB100, s. 2255 Section 2255. 342.14 (1r) of the statutes is amended to read:

AB100,1012,22 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2005.

AB100, s. 2256 Section 2256. 342.14 (3) of the statutes is amended to read:

AB100,1012,25 342.14 (3) For a certificate of title after a transfer, $18.50 $28.50, by the owner of the vehicle.

AB100, s. 2257 Section 2257. 342.14 (3m) of the statutes is amended to read:

AB100,1013,7 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section. The department shall deposit into the environmental fund all fees collected under this subsection.

AB100, s. 2258 Section 2258. 342.14 (5) of the statutes is amended to read:

AB100,1013,10 342.14 (5) For a replacement certificate of title, $8 $20, by the owner of the vehicle.

AB100, s. 2259 Section 2259. 342.16 (1) (a) of the statutes is amended to read:

AB100,1014,9 342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

AB100, s. 2260 Section 2260. 342.16 (1) (am) of the statutes is created to read:

AB100,1014,16 342.16 (1) (am) 1. Except as provided in subd. 2., a motor vehicle dealer, as defined in s. 218.0101 (23), who processes an application for transfer of title and registration as provided in par. (a) shall utilize an electronic process prescribed by the department under this paragraph or provided for under ss. 341.20 and 341.21. The dealer may charge a reasonable fee for electronic processing under this paragraph.

AB100,1014,20 2. The department may, by rule, exempt a motor vehicle dealer from the requirements of this paragraph. A motor vehicle dealer who is exempted shall pay a fee to the department to process applications for transfer of title and registration that are submitted to the department by the exempted dealer.

AB100,1014,22 3. The department shall promulgate rules to implement and administer this paragraph.

AB100, s. 2261 Section 2261. 343.027 of the statutes is amended to read:

AB100,1015,3 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential. The, except that the department may release a signature or a facsimile of a signature only to the person to whom the signature relates and to the department of revenue for the sole purpose of investigating allegations of tax fraud.

AB100, s. 2262 Section 2262. 343.14 (1) of the statutes is amended to read:

AB100,1015,10 343.14 (1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by the required fee. The department shall provide the information it obtains under this subsection, excluding medical information, to the department of revenue for the purpose of administering setoffs under ss. 71.93 and 71.935 and state taxes.

AB100, s. 2263 Section 2263. 343.14 (2j) (b) of the statutes is amended to read:

AB100,1015,17 343.14 (2j) (b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or to the department of revenue for the purpose of administering setoffs under ss. 71.93 and 71.935 and state taxes.

AB100, s. 2264 Section 2264. 343.33 (2) of the statutes is amended to read:

AB100,1015,25 343.33 (2) Upon the hearing, the department or its a hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.

AB100, s. 2265 Section 2265. 343.44 (2) (as) of the statutes is created to read:

AB100,1016,7 343.44 (2) (as) Any person who violates sub. (1) (b) after the effective date of this paragraph .... [revisor inserts date], shall forfeit not more than $600, except that, if the person has been convicted of a previous violation of sub. (1) (b) within the preceding 5-year period or if the revocation identified under sub. (1) (b) resulted from an offense that may be counted under s. 343.307 (2), the penalty under par. (b) shall apply.

AB100, s. 2266 Section 2266. 343.44 (2) (b) (intro.) of the statutes is amended to read:

AB100,1016,13 343.44 (2) (b) (intro.) Except as provided in par. pars. (am) and (as), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

AB100, s. 2267 Section 2267. 344.576 (3) (a) 5. of the statutes is amended to read:

AB100,1016,16 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

AB100, s. 2268 Section 2268. 344.576 (3) (c) of the statutes is amended to read:

AB100,1016,22 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and, the type size, and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

AB100, s. 2269 Section 2269. 344.579 (2) (intro.) of the statutes is amended to read:

AB100,1017,2 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2), and (3) (a) and (b), 344.577, and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:

AB100, s. 2270 Section 2270. 350.12 (3h) (a) 1. of the statutes is amended to read:

AB100,1017,5 350.12 (3h) (a) 1. Directly issue, transfer, or renew the registration documentation with or without using the expedited services specified in par. (ag) 1.

AB100, s. 2271 Section 2271. 350.12 (3h) (a) 3. of the statutes is amended to read:

AB100,1017,9 350.12 (3h) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ag) 1.

AB100, s. 2272 Section 2272. 350.12 (3h) (ag) 1. (intro.) of the statutes is amended to read:

AB100,1017,14 350.12 (3h) (ag) 1. (intro.) For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (a) 3.:

AB100, s. 2273 Section 2273. 350.12 (3h) (ag) 1. a. of the statutes is amended to read:

AB100,1017,19 350.12 (3h) (ag) 1. a. A noncomputerized procedure under which the department or agent may accept applications for registration certificates documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

AB100, s. 2274 Section 2274. 350.12 (3h) (ag) 1. b. of the statutes is amended to read: