AB75: Bill Text

AB75,1471,9 343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if the person is convicted of violating s. 343.14 (5) or 345.17, if and the violation of s. 343.14 (5) or 345.17 relates to an application for a commercial driver license or if the person's commercial driver license is cancelled by the secretary under s. 343.25 (1) or (5).

AB75, s. 2944 Section 2944. 343.315 (2) (h) of the statutes is amended to read:

AB75,1471,23 343.315 (2) (h) Except as provided in par. (i), a person is shall be disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year 2 years if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law, if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.

AB75, s. 2945 Section 2945. 343.315 (2) (i) of the statutes is amended to read:

AB75,1472,9 343.315 (2) (i) If the violation listed in par. (h) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period 3 years for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44.

AB75, s. 2946 Section 2946. 343.315 (2) (j) (intro.) of the statutes is amended to read:

AB75,1472,18 343.315 (2) (j) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, "railroad crossing violation" means a violation of a federal, state, or local law, rule, or regulation, or the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:

AB75, s. 2947 Section 2947. 343.315 (2) (L) of the statutes is created to read:

AB75,1473,2 343.315 (2) (L) If the department receives notice from another jurisdiction of a failure to comply violation by a person issued a commercial driver license by the the department arising from the person's failure to appear to contest a citation issued in that jurisdiction or failure to pay a judgment entered against the person in that jurisdiction, the person is disqualified from operating a commercial motor vehicle until the department receives notice from the other jurisdiction terminating the failure to comply violation except that the disqualification may not be less than 30 days nor more than 2 years.

AB75, s. 2948 Section 2948. 343.315 (3) (b) of the statutes is amended to read:

AB75,1473,13 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or to (j), or (L), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) , (i), or to (j), or (L). Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

AB75, s. 2949 Section 2949. 343.315 (3) (bm) of the statutes is created to read:

AB75,1473,22 343.315 (3) (bm) Notwithstanding pars. (a) and (b) and the time periods for disqualification specified in sub. (2), if a person is convicted in another jurisdiction of a disqualifying offense specified in sub. (2) while the person is not licensed in or a resident of this state, that other jurisdiction disqualified the person from operating a commercial motor vehicle as a result of the conviction, and the period of disqualification in that other jurisdiction has expired, the department may not disqualify the person from operating a commercial motor vehicle as a result of the conviction.

AB75, s. 2950 Section 2950. 343.35 (1) (a) of the statutes is renumbered 343.35 (1) and amended to read:

AB75,1474,5 343.35 (1) Except as provided in par. (b), the The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.

AB75, s. 2951 Section 2951. 343.35 (1) (b) of the statutes is repealed.

AB75, s. 2952 Section 2952. 343.43 (1) (a) of the statutes is amended to read:

AB75,1474,9 343.43 (1) (a) Except as provided in s. 343.35 (1) (b), represent Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or

AB75, s. 2953 Section 2953. 343.44 (1) (c) of the statutes is amended to read:

AB75,1474,14 343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law.

AB75, s. 2954 Section 2954. 343.44 (2) (as) of the statutes is amended to read:

AB75,1474,20 343.44 (2) (as) Any person who violates sub. (1) (b) after July 27, 2005, shall forfeit not more than $2,500, 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.

AB75, s. 2955 Section 2955. 343.44 (2) (bm) of the statutes is amended to read:

AB75,1475,2 343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5. forfeit $2,500 for the first offense and $5,000 for the 2nd or subsequent offense within 10 years.

AB75, s. 2956 Section 2956. 343.44 (4r) of the statutes is amended to read:

AB75,1475,8 343.44 (4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she the person or the commercial motor vehicle operated by the person was ordered out-of-service under the law of this state or another jurisdiction or under federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

AB75, s. 2957 Section 2957. 343.50 (5) of the statutes is renumbered 343.50 (5) (a) 1. and amended to read:

AB75,1475,13 343.50 (5) (a) 1. The Except as provided in subd. 2., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

AB75,1475,22 (b) The card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.

AB75, s. 2958 Section 2958. 343.50 (5) of the statutes, as affected by 2007 Wisconsin Act 20, section 3381, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75,1476,3 343.50 (5) (a) 1. Except as provided in subd. 2., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

AB75,1476,5 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:

AB75,1476,9 a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.

AB75,1476,13 b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.

AB75,1476,17 (b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.

AB75,1477,3 (c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

AB75, s. 2959 Section 2959. 343.50 (5) (a) 2. of the statutes is created to read:

AB75,1477,6 343.50 (5) (a) 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:

AB75,1477,10 a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.

AB75,1477,14 b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.

AB75, s. 2960 Section 2960. 343.50 (5m) of the statutes is amended to read:

AB75,1477,21 343.50 (5m) Federal security verification mandate Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a federal security verification mandate card issuance fee of $10 shall be paid to the department.

AB75, s. 2961 Section 2961 . 343.50 (5m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1478,4 343.50 (5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2.

AB75, s. 2962 Section 2962. 343.51 (1) of the statutes is amended to read:

AB75,1479,3 343.51 (1) Any person who qualifies for a registration plates plate of a special design under s. 341.14 (1), (1a), (1m) or (1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

AB75, s. 2963 Section 2963. 344.01 (2) (d) of the statutes is amended to read:

AB75,1479,13 344.01 (2) (d) "Proof of financial responsibility" or "proof of financial responsibility for the future" means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of such proof, arising out of the maintenance or use of a motor vehicle in the amount of $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, in the amount of $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident and in the amount of $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2964 Section 2964. 344.15 (1) of the statutes is amended to read:

AB75,1479,24 344.15 (1) No policy or bond is effective under s. 344.14 unless issued by an insurer authorized to do an automobile liability or surety business in this state, except as provided in sub. (2), or unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2965 Section 2965. 344.33 (2) of the statutes is amended to read:

AB75,1480,12 344.33 (2) Motor vehicle liability policy. A motor vehicle policy of liability insurance shall insure the person named therein using any motor vehicle with the express or implied permission of the owner, or shall insure any motor vehicle owned by the named insured and any person using such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to the limits exclusive of interest and costs, with respect to each such motor vehicle as follows: $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident, and $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2966 Section 2966. 344.45 (1) of the statutes is amended to read:

AB75,1480,20 344.45 (1) Whenever a person's operating privilege or registration is suspended under this chapter, the department may order the person to surrender to the department his or her operator's license and the registration plates plate of the any vehicle or vehicles for which registration was suspended. If the person fails immediately to return the operator's license or registration plates plate to the department, the department may direct a traffic officer to take possession thereof and return them to the department.

AB75, s. 2967 Section 2967. 344.55 (2) of the statutes is amended to read:

AB75,1481,4 344.55 (2) The department may not issue a registration plates plate for such a vehicle unless there is on file with the department a certificate of insurance showing that the vehicle is insured in compliance with sub. (1). No such policy may be terminated prior to its expiration or canceled for any reason unless a notice thereof is filed with the department at least 30 days prior to the date of termination or cancellation. The department shall suspend the registration of a vehicle on which the insurance policy has been terminated or canceled, effective on the date of termination or cancellation.

AB75, s. 2968 Section 2968. 345.05 (1) (a) of the statutes is renumbered 345.05 (1) (am).

AB75, s. 2969 Section 2969. 345.05 (1) (ag) of the statutes is created to read:

AB75,1481,7 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1039.

AB75, s. 2970 Section 2970. 345.05 (2) of the statutes is amended to read:

AB75,1481,17 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body thereof of the municipality, or the board of directors of the authority, may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.

AB75, s. 2971 Section 2971. 346.01 (2) of the statutes is amended to read:

AB75,1481,23 346.01 (2) In this chapter, notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.375, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.575, 346.675, and 346.945.

AB75, s. 2972 Section 2972. 346.375 of the statutes is created to read:

AB75,1482,6 346.375 Owner's liability for traffic control signal violations detected by photographic systems. (1) In this section, "traffic control photographic system" means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed for use with an official traffic control signal to automatically produce photographs or video or digital images, stamped with the time and date, of vehicles moving through an intersection.

AB75,1482,13 (2) The department, and any local authority, may use traffic control photographic systems on highways under its jurisdiction for the purpose of detecting any violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. Subject to sub. (4) (b), the owner of a vehicle involved in a violation of s. 346.37 (1) (c) 1. or 3., or of a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3., that is detected by a traffic control photographic system shall be liable for the violation as provided in this section.

AB75,1482,19 (3) If a traffic officer prepares a uniform traffic citation under s. 345.11 for a violation of this section, the officer shall serve the owner of the vehicle with the citation by mailing the citation by certified mail addressed to the owner's last-known address within 72 hours after the violation. A traffic officer shall send with the citation a duplicate of each photograph, video, or digital image, taken by the traffic control photographic system, of the vehicle involved in the violation.

AB75,1482,21 (4) (a) Except as provided in par. (b), it is not a defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

AB75,1482,22 (b) All of the following are defenses to a violation of this section:

AB75,1482,25 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within a reasonable time after the violation occurred.

AB75,1483,5 2. That the owner of the vehicle provided a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation. In that case, the person operating the vehicle may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75,1483,10 3. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer with the information required under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75,1483,17 4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the violation the vehicle was being operated by a person on a trial run, and that the dealer provided a traffic officer with the name, address, and operator's license number of the person operating the vehicle. In that case, the person operating the vehicle may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75, s. 2973 Section 2973. 346.43 (4) of the statutes is created to read:

AB75,1484,2 346.43 (4) A vehicle owner found liable under s. 346.375 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (b) 1. or 3. including, if applicable, the doubling of the forfeiture as provided in sub. (1) (b) 3. For purposes of this subsection, a person's prior violation of s. 346.37 (1) (c) 1. or 3. may be counted as a prior violation of s. 346.375. Imposition of liability under s. 346.375 shall not result in suspension or revocation of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

AB75, s. 2974 Section 2974. 346.50 (2) of the statutes is amended to read:

AB75,1484,15 346.50 (2) Except as provided in sub. (3m), a motor vehicle bearing a special registration plate issued under s. 341.14 (1) or (1r) (a) to a disabled veteran or on his or her behalf is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the disabled veteran to whom or on whose behalf the special plates were plate was issued and to qualified operators acting under the disabled veteran's express direction with the disabled veteran present.

AB75, s. 2975 Section 2975. 346.50 (2a) (intro.) of the statutes is amended to read:

AB75,1485,4 346.50 (2a) (intro.) Except as provided in sub. (3m), a motor vehicle bearing a special registration plates plate issued under s. 341.14 (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a physically disabled person is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the following:

AB75, s. 2976 Section 2976. 346.50 (2a) (a) of the statutes is amended to read:

AB75,1485,7 346.50 (2a) (a) A person to whom plates were a plate was issued under s. 341.14 (1a).

AB75, s. 2977 Section 2977. 346.50 (2a) (b) of the statutes is amended to read:

AB75,1485,11 346.50 (2a) (b) A qualified operator acting under the express direction of a person to whom plates were a plate was issued under s. 341.14 (1a) when such person is present.

AB75, s. 2978 Section 2978. 346.50 (2a) (c) of the statutes is amended to read:

AB75,1485,14 346.50 (2a) (c) A person to whom plates were a plate was issued under s. 341.14 (1m) when the disabled person for whom the plates were plate was issued is present.

AB75, s. 2979 Section 2979. 346.50 (2a) (d) of the statutes is amended to read:

AB75,1485,17 346.50 (2a) (d) A person for whom plates were a plate was issued under s. 341.14 (1q).

AB75, s. 2980 Section 2980. 346.50 (2a) (e) of the statutes is amended to read: