SECTION 147. 938.34 (8) of the statutes is amended to read:
938.34 (8) Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license, together with a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SECTION 148. 938.34 (8d) (d) of the statutes is amended to read:
938.34 (8d) (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license, together with a notice of suspension stating that the suspension is for failure to pay a surcharge imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under ch. 29, return the license to the juvenile.
SECTION 149. 938.34 (14m) of the statutes is amended to read:
938.34 (14m) Restrict or suspend the operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law in which a motor vehicle is involved. If the court suspends a juvenile's operating privilege under this subsection, the court shall immediately may take possession of the suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and duration of the suspension. If the court limits a juvenile's operating privilege under this subsection, the court shall immediately notify the department of transportation of that limitation.
SECTION 150. 938.34 (14r) (a) of the statutes is amended to read:
938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with the notice of suspension stating that the suspension or revocation is for a violation of ch. 961.
SECTION 151. 938.342 (1g) (a) of the statutes is amended to read:
938.342 (1g) (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than one year. The court shall immediately may take possession of the suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and duration of the suspension.
SECTION 152. 938.343 (2) of the statutes is amended to read:
938.343 (2) FORFEITURE. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, of the license. The court shall forward to the department which issued the license, together with the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SECTION 153. 938.344 (2e) (b) of the statutes is amended to read:
938.344 (2e) (b) Whenever a court suspends a juvenile's operating privilege under this subsection, the court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation, together with the notice of suspension stating that the suspension is for a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.
SECTION 154. 938.355 (6) (d) 2. of the statutes is amended to read:
938.355 (6) (d) 2. Suspension of or limitation restriction on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period of not more than 3 years. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued it, together with the license or approval the notice of suspension, together with any approval of which the court takes possession.
SECTION 155. 938.355 (6m) (a) 1m. of the statutes is amended to read:
938.355 (6m) (a) 1m. Suspension or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first. If the court suspends a juvenile's operating privilege or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued the license or approval with a notice stating the reason for and the duration of the suspension, together with any approval of which the court takes possession.
SECTION 156. 938.396 (4) of the statutes is amended to read:
938.396 (4) OPERATING PRIVILEGE RECORDS. When a court assigned to exercise jurisdiction under this chapter and ch. 48 or a municipal court exercising jurisdiction under s. 938.17 (2) revokes, suspends, or restricts a juvenile's operating privilege under this chapter, the department of transportation may not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court assigned to exercise jurisdiction under this chapter and ch. 48, a municipal court exercising jurisdiction under s. 938.17 (2), a district attorney, county corporation counsel, or city, village, or town attorney, a law enforcement agency, a driver licensing agency of another jurisdiction, the juvenile whose operating privilege is revoked, suspended, or restricted, or the juvenile's parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.
SECTION 157. 961.50 (1) (intro.) of the statutes is amended to read:
961.50 (1) (intro.) If a person is convicted of any violation of this chapter, the court shall, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows:
SECTION 158. 961.50 (2) of the statutes is amended to read:
961.50 (2) For purposes of counting the number of convictions under sub. (1), convictions under the law of a federally recognized American Indian tribe or band in this state, federal law or the law of another jurisdiction, as defined in s. 343.32 (1m) (a) 340.01 (41m), for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under this section, shall be counted and given the effect specified under sub. (1). The 5-year period under this section shall be measured from the dates of the violations which resulted in the convictions.
SECTION 9148. Nonstatutory provisions; Transportation.
(1) DRIVER LICENSE AGREEMENT.
(a) The department of transportation shall submit in proposed form the rules required under section 343.02 (3) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this paragraph.
(b) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 343.02 (3) (b) of the statutes, as created by this act, for purposes of implementing the provisions of this act related to joining the Driver License Agreement, for the period before the effective date of the rules submitted under paragraph (a). The department shall promulgate these emergency rules no later than the first day of the 6th month beginning after the effective date of this paragraph. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until July 1, 2009, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
SECTION 9348. Initial applicability; Transportation.
(1) DRIVER LICENSE AGREEMENT.
(a) The treatment of sections 343.44 (1) (a), (b), and (c) and (4r) of the statutes, the repeal of sections 343.30 (1q) (c) 1. b. and 343.305 (10) (c) 1. b. of the statutes, and the consolidation, renumbering, and amendment of sections 343.30 (1q) (c) 1. (intro.), a., and c. and 343.305 (10) (c) 1. (intro.), a., and c. of the statutes first apply to offenses committed on the effective date of this paragraph, but do not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.
(b) The treatment of sections 125.07 (4) (cm), 125.085 (3) (bp), 342.12 (4) (a) and (b), 343.06 (2), 343.085 (4), 343.23 (2m), 343.31 (1) (intro.), (2), (2r), and (3) (bm) (intro.), (c), (d) (intro.), (e), (f), (i), and (j), 343.315 (2) (fm), (h), and (j) (intro.) and (3) (bm) and (d), 343.32 (1m) (b) (intro.) and (1s), 343.34 (2), 343.44 (2s), 344.13 (2), 344.19 (3) (by SECTION 111), 346.65 (6) (a) 3. and (km), and 351.02 (1) (intro.) and (1m), 351.027 (2), 351.03, 351.04, 351.05, and 351.06 of the statutes, the repeal of sections 343.31 (1) (hm) and (2m) and 343.32 (1) of the statutes, the renumbering and amendment of sections 343.36 (3) and 351.025 (1) of the statutes, and the creation of sections 343.31 (2z) and (3) (bg), 343.32 (1v), 343.36 (3) (b), (c), and (d), 344.08 (1m), 344.14 (1r), 344.25 (7), and 351.025 (1) (b) of the statutes first apply with respect to offenses or refusals for which records, reports, or notices are received by the department of transportation on the effective date of this paragraph, but do not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.
(c) The treatment of sections 342.12 (4) (a) and (b) and 343.23 (2) (a) (intro.) (by SECTION 21) of the statutes and the creation of sections 343.23 (3m) and 343.301 (1) (e) and (2) (d) of the statutes first apply with respect to notices received by the department of transportation on the effective date of this paragraph.
(d) The treatment of section 343.03 (5) (a) of the statutes first applies to applications received by the department of transportation on the effective date of this paragraph.
(e) The treatment of sections 343.38 (2) (by SECTION 88) and (4) (intro.), 343.39 (1) (a) (by SECTION 92), 344.18 (1m) (a) and (3m) (a), 344.24, 344.26 (1), 344.27 (2), and 344.29 of the statutes and the repeal of section 343.38 (4) (a) and (b) of the statutes first apply to an issuance of operator's licenses or reinstatement of operating privileges or registrations on the effective date of this paragraph.
(f) The treatment of sections 344.30 (1), 344.32, 344.33 (1), 344.34, 344.42, and 631.37 (4) (e) of the statutes first applies to proof of financial responsibility filed with the secretary of transportation on the effective date of this paragraph.
SECTION 9448. Effective dates; Transportation.
(1) DRIVER LICENSE AGREEMENT.
(a) The treatment of sections 23.33 (13) (e), 118.163 (2) (a) and (2m) (a), 125.07 (4) (cm), 125.085 (3) (bp), 342.12 (4) (a) and (b), 343.01 (2) (bc) and (bm), 343.02 (3) (a) and (c), 343.027, 343.03 (5) (a), 343.05 (1) (a) and (5) (b) 1., 343.06 (1) (bm) and (2), 343.085 (4), 343.10 (2) (a) 3., 343.14 (2j) (by SECTION 18), 343.16 (5) (a), 343.20 (1) (e) 1., 343.23 (2) (a) (intro.) (by SECTION 21) and (b) (by SECTION 22), (2m), (3m), and (4) (b), 343.235 (3) (a), 343.237 (2) and (3) (intro.), 343.24 (3) and (4) (c) 1., 343.28 (2), 343.30 (1g) (b), (1q) (b) 4., (4), and (5), 343.301 (1) (e) and (2) (d), 343.305 (7) (a) and (b), (9) (a) (intro.) and (am) (intro.), (10) (b) 3. and 4., and (11), 343.31 (1) (intro.) and (hm), (2), (2m), (2r), (2z), and (3) (a), (b), (bg), (bm) (intro.), (c), (d) (intro.), (e), (f), (i), and (j), 343.315 (2) (f) 7., (fm), (h), and (j) (intro.) and (3) (a), (b) (by SECTION 71), (bm), and (d), 343.32 (1), (1m) (a) and (b) (intro.), (1s), (1v), and (2) (a), 343.325 (4), 343.34 (1) and (2), 343.345 (by SECTION 83), 343.36 (title), 343.38 (1) (c) 2. c., (2) (by SECTION 88), and (4) (intro.), (a), and (b), 343.39 (1) (a) (by SECTION 92) and (2), 343.44 (1) (a), (b), and (c), (2) (am), (2r), (2s), and (4r), 343.50 (8) (b) (by SECTION 101), 344.02 (3), 344.08 (1m), 344.13 (2), 344.14 (1r), 344.18 (1m) (a) and (3m) (a), 344.19 (1) and (3) (by SECTION 111), 344.24, 344.25 (7), 344.26 (1), 344.27 (2) and (3), 344.29, 344.30 (1), 344.32, 344.33 (1), 344.34, 344.42, 345.23 (2) (c), 345.28 (5) (b) 1. and 2. a., 345.47 (1) (c) (by SECTION 126), 345.48 (2), (3), and (4), 346.65 (2c), (2e), and (6) (a) 3. and (km), 350.11 (3) (d), 351.02 (1) (intro.) and (1m), 351.027 (2), 351.03, 351.04, 351.05, 351.06, 631.37 (4) (e), 800.09 (1) (c), 938.17 (2) (d) 2., 938.34 (8), (8d) (d), (14m), and (14r) (a), 938.342 (1g) (a), 938.343 (2), 938.344 (2e) (b), 938.355 (6) (d) 2. and (6m) (a) 1m., 938.396 (4), and 961.50 (1) (intro.) and (2) of the statutes, the repeal of Sections 343.30 (1q) (c) 1. b. and 343.305 (10) (c) 1. b. of the statutes, the renumbering and amendment of sections 343.30 (2j) (a), 343.36 (3), 344.19 (2), and 351.025 (1) of the statutes, the consolidation, renumbering, and amendment of sections 343.30 (1q) (c) 1. (intro.), a. and c. and 343.305 (10) (c) 1. (intro.), a. and c. of the statutes, the creation of sections 343.36 (3) (b), (c), and (d), 344.19 (2) (a), and 351.025 (1) (b) of the statutes, and SECTION 9348 (1) of this act take effect on July 1, 2009.
(b) The treatment of section 343.02 (3) (b) of the statutes and SECTION 9148 (1) of this act take effect on January 1, 2009.
(End)
LRB-0050LRB-0050/1
ARG:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0193 - Rail passenger service development
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the Rail Passenger Route Development Program in the Department of Transportation.
Analysis by the Legislative Reference Bureau
Transportation
Rail and air transportation
Under current law, the Department of Transportation administers a Rail Passenger Route Development Program (program) to fund capital costs related to Amtrak service extension routes or other rail service routes between Milwaukee and Madison and between Milwaukee and Green Bay. This bill expands the program to include service routes between Chicago and Milwaukee and between Madison and La Crosse.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 85.061 (3) (a) 1. of the statutes is amended to read:
85.061 (3) (a) 1. Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, and between the cities of Madison and La Crosse. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible.
(End)
LRB-0108LRB-0108/4
RPN:lmk&wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0137 - County report to the director of state courts.
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Circuit courts
Under current law, the director of state courts makes payments to counties for the costs they incur in administering the circuit court branches. Current law defines those circuit court costs to include jury fees, witness fees, expert witness fees, and salary and fringe benefits for judicial assistants, and any other court operating costs except costs related to courtroom security, rent, utilities, maintenance and construction of court facilities. Currently, the salary of judges and their court reporters is paid by the state under another provision. Currently, each county is required to submit information about court costs by July 1 of each year for costs incurred in the previous calendar year in a format that is established by the director of state courts.
This bill requires counties to report their reimbursable court costs on a uniform chart of accounts that the director of state courts creates. The bill also changes the date that the counties must report the court costs from July 1 to May 15.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 758.19 (5) (a) (intro.) of the statutes is amended to read:
758.19 (5) (a) (intro.) In this subsection, "circuit court costs" means one or more of the following costs:
SECTION 2. 758.19 (5) (a) 3. of the statutes is amended to read:
758.19 (5) (a) 3. Witness fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by the circuit court on its own motion or called by, or subpoenaed at the request of, a district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by, or subpoenaed at the request of the state public defender or a private attorney appointed under s. 977.08.
SECTION 3. 758.19 (5) (a) 4m. of the statutes is amended to read:
758.19 (5) (a) 4m. Fees for expert witnesses appointed under s. 907.06 by the circuit court on its own motion or by the circuit court at the request of the district attorney, the state public defender or a private attorney appointed under s. 977.08 or by the circuit court upon agreement of the district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under s. 907.06.
SECTION 4. 758.19 (5) (a) 5. of the statutes is amended to read:
758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the circuit court at the request of the district attorney, coroner or medical examiner under s. 979.06 (1) and (2).
SECTION 5. 758.19 (5) (a) 8. of the statutes is amended to read:
758.19 (5) (a) 8. Any other circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.
SECTION 6. 758.19 (5) (am) of the statutes is created to read:
758.19 (5) (am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under par. (e).
SECTION 7. 758.19 (5) (d) of the statutes is repealed.
SECTION 8. 758.19 (5) (e) of the statutes is amended to read:
758.19 (5) (e) No later than July 1, 1994, and no later than July 1 the first May 15 following the effective date of this paragraph .... [revisor inserts date], and no later than May 15 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, and in a manner that comports with the uniform chart of accounts under par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year for each of the court costs listed in par. (a) 1. to 8 and revenues collected or received by the circuit court in the previous calendar year.
SECTION 9. 758.19 (5) (f) of the statutes is amended to read:
758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3), after the July 1 May 15 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and par. (g), the information regarding the amount of actual costs reported under par. (e) does not affect the amount paid to a county under par. (b).
SECTION 10. 758.19 (5) (g) of the statutes is amended to read:
758.19 (5) (g) Beginning with the submittal of information under par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under par. (e), that the payment made to a county under par. (b) for any calendar year exceeds the circuit court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in par. (c) among the other counties for payment under par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.
(End)
LRB-0110LRB-0110/7
BAB:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0135 - Justice information system surcharge
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
