SB638,3,62
165.755
(1) (b) A court may not impose the crime laboratories and drug law
3enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m)
, for a
4financial responsibility violation under s. 344.62 (2), or for a violation of a state law
5or municipal or county ordinance involving a nonmoving traffic violation, a violation
6under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
SB638,2
7Section
2. 302.46 (1) (a) of the statutes is amended to read:
SB638,4,10
1302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
2or for a violation of a municipal or county ordinance except for a violation of s. 101.123
3(2) or (2m)
, for a financial responsibility violation under s. 344.62 (2), or for a violation
4of state laws or municipal or county ordinances involving nonmoving traffic
5violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
6347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
7amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
8If multiple offenses are involved, the court shall determine the jail surcharge on the
9basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
10the court shall reduce the jail surcharge in proportion to the suspension.
SB638,3
11Section
3. 343.21 (1) (jg) of the statutes is created to read:
SB638,4,1412
343.21
(1) (jg) In addition to any other fee under this subsection, for
13reinstatement of an operating privilege previously revoked or suspended resulting
14from the conviction of an offense under s. 344.62 (1), $18.
SB638,4
15Section
4. 344.14 (2) (d) of the statutes is amended to read:
SB638,4,1816
344.14
(2) (d) To any person qualifying as a self-insurer under s. 344.16 or
to
17any person operating a vehicle for such self-insurer
or to any member of a religious
18sect issued a certificate of self-insurance under s. 344.16.
SB638,5
19Section
5. 344.16 (1) of the statutes is renumbered 344.16 (1) (intro.) and
20amended to read:
SB638,4,2321
344.16
(1) (intro.) Any
person in whose name more than 25 motor vehicles are
22registered of the following may qualify as a self-insurer by obtaining a certificate of
23self-insurance issued by the secretary as provided in sub. (2)
.:
SB638,6
24Section
6. 344.16 (1) (a) and (b) of the statutes are created to read:
SB638,5,2
1344.16
(1) (a) A person in whose name more than 25 motor vehicles are
2registered.
SB638,5,43
(b) Subject to sub. (2m), a religious sect the members of which have collectively
4registered with the department more than 25 motor vehicles.
SB638,7
5Section
7. 344.16 (2) of the statutes is amended to read:
SB638,5,96
344.16
(2) The Subject to sub. (2m), the secretary may, upon the application of
7such a person
or religious sect, issue a certificate of self-insurance when satisfied
8that such person
or religious sect is possessed and will continue to be possessed of
9ability to pay judgments obtained against such person
or religious sect.
SB638,8
10Section
8. 344.16 (2m) of the statutes is created to read:
SB638,5,1511
344.16
(2m) The secretary may issue a certificate of self-insurance under sub.
12(2) to a religious sect only if the secretary determines that the members of the
13religious sect have a long-standing history of mutual financial assistance in time of
14need to the extent that they share in financial obligations of other members who
15would otherwise be unable to meet their obligations.
SB638,9
16Section
9. 344.25 (title) of the statutes is amended to read:
SB638,5,18
17344.25 (title)
Suspension for nonpayment of judgment or certain
18financial responsibility violations; exceptions.
SB638,10
19Section
10. 344.25 of the statutes is renumbered 344.25 (1), and 344.25 (1) (f),
20as renumbered, is amended to read:
SB638,5,2321
344.25
(1) (f) Notwithstanding
sub. (5), subs. (2) and (3) par. (e), pars. (b) and
22(c) apply to a damage judgment in accordance with s. 344.05 against a resident of this
23state which has been entered by an Indian tribal court in this state.
SB638,11
24Section
11. 344.25 (2m) of the statutes is created to read:
SB638,6,3
1344.25
(2m) The secretary shall suspend a person's operating privilege and all
2registrations of the person upon receiving a record of conviction showing that the
3person has been convicted of an offense under s. 344.62 (1).
SB638,12
4Section
12. 344.26 (title) of the statutes is repealed and recreated to read:
SB638,6,5
5344.26 (title)
Term of suspension.
SB638,13
6Section
13. 344.26 (1) (a) of the statutes is amended to read:
SB638,6,157
344.26
(1) (a) Subject to the exceptions stated in ss. 344.25
(2) (1) (b) and 344.27
8(2), any operating privilege or registration suspended or revoked under s. 344.25
(1) 9shall remain suspended or revoked for 5 years from the date of entry of judgment or
10until the judgment is stayed, satisfied, or discharged, whichever is earlier, and,
11unless 3 years have elapsed since the date on which the judgment was stayed,
12satisfied, or discharged or 8 years have elapsed since the date of entry of judgment,
13whichever is earlier, or unless the person is a nonresident, until the person whose
14operating privilege and registration was suspended or revoked furnishes and
15maintains in effect proof of financial responsibility for the future.
SB638,14
16Section
14. 344.26 (1) (am) of the statutes is created to read:
SB638,6,2017
344.26
(1) (am) Any operating privilege or registration suspended under s.
18344.25 (2m) shall remain suspended for 3 years from the date of conviction or until
19the person whose operating privilege and registration was suspended furnishes and
20maintains in effect proof of financial responsibility for the future.
SB638,15
21Section
15. 344.26 (1) (b) (intro.) of the statutes is amended to read:
SB638,7,222
344.26
(1) (b) (intro.) If suspension of any operating privilege or registration
23under s. 344.25
(1) was terminated before 5 years from the date of entry of judgment
24because an exception under s. 344.25
(2) (1) (b) or 344.27 (2) applied and the
25judgment debtor's operating privilege or registration is subsequently suspended
1under s. 344.25
(2) (1) (b) or 344.27 (3), the operating privilege or registration shall
2remain suspended for all of the following periods:
SB638,16
3Section
16. 344.26 (1) (b) 1. of the statutes is amended to read:
SB638,7,104
344.26
(1) (b) 1. Five years from the date of suspension under s. 344.25
(2) (1)
5(b) or 344.27 (3) or until the judgment is stayed, satisfied, or discharged, whichever
6is earlier. A suspension period that commences on the date of suspension under s.
7344.25
(2) (1) (b) or 344.27 (3) under this subdivision shall be reduced by the amount
8of time that the judgment debtor's operating privilege or registration was suspended
9under s. 344.25
(1) before one of the exceptions under s. 344.25
(2) (1) (b) or 344.27
10(2) was satisfied.
SB638,17
11Section
17. 344.62 (1) of the statutes is amended to read:
SB638,7,2112
344.62
(1) Except as provided in s. 344.63, no person may operate a motor
13vehicle upon a highway
or upon premises held out to the public for the use of their
14motor vehicles, premises provided by employers to employees for the use of their
15motor vehicles, or premises provided to tenants of rental housing in buildings of 4 or
16more units for the use of their motor vehicles in this state unless the owner or
17operator of the vehicle has in effect a motor vehicle liability policy with respect to the
18vehicle being operated.
A traffic officer shall cite a person under this subsection if
19the traffic officer does not know that the person is operating his or her motor vehicle
20in compliance with this subsection and the person does not have in his or her
21immediate possession proof of compliance with this subsection.
SB638,18
22Section
18. 344.62 (2) of the statutes is repealed.
SB638,19
23Section
19. 344.63 (1) (cm) of the statutes is created to read:
SB638,8,224
344.63
(1) (cm) The motor vehicle is owned by a member of a religious sect that
25is a self-insurer holding a valid certificate of self-insurance under s. 344.16, the
1self-insurer has made an agreement described in s. 344.30 (4), and the vehicle is
2being operated with the owner's permission.
SB638,20
3Section
20. 344.64 of the statutes is repealed.
SB638,21
4Section
21. 344.65 (1) (a) of the statutes is renumbered 344.65 (1) (a) 1. and
5amended to read:
SB638,8,126
344.65
(1) (a) 1.
Any Except as provided in subds. 2. to 4., any person who
7violates s. 344.62 (1) may be required to forfeit not
less than $250, plus costs, fees,
8and surcharges as provided in s. 345.47 (1), nor more than
$500 $750, plus costs, fees,
9and surcharges as provided in s. 345.47 (1), for a first offense and not less than $250,
10plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $1,500,
11plus costs, fees, and surcharges as provided in s. 345.47 (1), for a 2nd or subsequent
12offense occurring within 3 years.
SB638,22
13Section
22. 344.65 (1) (a) 2. of the statutes is created to read:
SB638,8,1814
344.65
(1) (a) 2. Any person who violates s. 344.62 (1) and, in the course of the
15violation, causes great bodily harm, as defined in s. 939.22 (14), to another person
16may be required to forfeit not less than $250, plus costs, fees, and surcharges as
17provided in s. 345.47 (1), nor more than $2,500, plus costs, fees, and surcharges as
18provided in s. 345.47 (1).
SB638,23
19Section
23. 344.65 (1) (a) 3. of the statutes is created to read:
SB638,8,2320
344.65
(1) (a) 3. Any person who violates s. 344.62 (1) and, in the course of the
21violation, causes the death of another person may be required to forfeit not less than
22$500, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than
23$7,500, plus costs, fees, and surcharges as provided in s. 345.47 (1).
SB638,24
24Section
24. 344.65 (1) (a) 4. of the statutes is created to read:
SB638,9,6
1344.65
(1) (a) 4. If, no later than the time of the person's appearance in court,
2the person provides proof that he or she currently has in effect a motor vehicle
3liability policy with respect to the motor vehicle operated in the alleged violation of
4s. 344.62 (1) for a person's first violation of s. 344.65 (1) in the person's lifetime, the
5court may provide a penalty of less than the penalty required under subd. 1.,
6including not requiring the person to pay any amount as a forfeiture.
SB638,25
7Section
25. 344.65 (1) (b) of the statutes is repealed.
SB638,26
8Section
26. 344.65 (1) (c) of the statutes is amended to read:
SB638,9,219
344.65
(1) (c) No person charged with violating s. 344.62
(2) (1) may be
10convicted if the person produces proof that he or she was in compliance with s. 344.62
11(1) at the time the person was issued a uniform traffic citation for
violating s. 344.62
12(2) the violation. This proof may be produced either at the time of the person's
13appearance in court in response to the citation or
, if provided within 10 days of the
14citation, in the office of the traffic officer issuing the citation. This proof may be
15produced in either paper or electronic format, including by display of electronic
16images on a cellular telephone or other electronic device. If this proof is displayed
17in electronic format on any cellular telephone or other electronic device, the person
18to whom the proof is displayed may not view, and producing proof in electronic format
19is not considered consent for the person to view, any content on the telephone or other
20device except the proof required
under s. 344.62 (2)
to demonstrate compliance with
21s. 344.62 (1).
SB638,27
22Section
27. 344.65 (2) of the statutes is repealed.
SB638,28
23Section
28. 757.05 (1) (a) of the statutes is amended to read:
SB638,9,2524
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
25state law or for a violation of a municipal or county ordinance except for a violation
1of s. 101.123 (2) or (2m)
, for a financial responsibility violation under s. 344.62 (2),
2or for a violation of state laws or municipal or county ordinances involving
3nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
4violations under s. 347.48 (2m), there shall be imposed in addition a penalty
5surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
6If multiple offenses are involved, the penalty surcharge shall be based upon the total
7fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
8in part, the penalty surcharge shall be reduced in proportion to the suspension.
SB638,29
9Section
29. 814.63 (1) (c) of the statutes is amended to read:
SB638,10,1310
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
11101.123 (2) or (2m)
, for a financial responsibility violation under s. 344.62 (2), for a
12violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48
13(2m).
SB638,30
14Section
30. 814.63 (2) of the statutes is amended to read:
SB638,10,2115
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
16violation of a county, town, city, village, town sanitary district, or public inland lake
17protection and rehabilitation district ordinance, except
for an action for a financial
18responsibility violation under s. 344.62 (2) or for a violation under s. 343.51 (1m) (b)
19or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town
20sanitary district, or public inland lake protection and rehabilitation district shall pay
21a nonrefundable fee of $5 to the clerk of circuit court.
SB638,31
22Section
31. 814.65 (1) of the statutes is amended to read:
SB638,11,623
814.65
(1) Court costs. In a municipal court action, except
for a financial
24responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
25conformity with s. 343.51 (1m) (b) or 347.48 (2m)
, the municipal judge shall collect
1a fee of not less than $15 nor more than $38 on each separate matter, whether it is
2on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
3summons, or the action is tried as a contested matter. Of each fee received by the
4judge under this subsection, the municipal treasurer shall pay monthly $5 to the
5secretary of administration for deposit in the general fund and shall retain the
6balance for the use of the municipality.
SB638,32
7Section
32. 814.85 (1) (a) of the statutes is amended to read:
SB638,11,138
814.85
(1) (a) Except
for an action for a financial responsibility violation under
9s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
10under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
11support services surcharge from any person, including any governmental unit as
12defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
13(1).
SB638,33
14Section
33. 814.86 (1) of the statutes is amended to read:
SB638,11,2115
814.86
(1) Except for an action
for a financial responsibility violation under s.
16344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
17under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
18information system surcharge from any person, including any governmental unit, as
19defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
20(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
21addition to the surcharge listed in sub. (1m).
SB638,34
22Section
34.
Nonstatutory provisions.
SB638,12,323
(1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes
24effect in fiscal year 2016-17, in submitting information under section 16.42 of the
25statutes for purposes of the 2017-19 biennial budget bill, the department of
1transportation shall submit information concerning the appropriation under section
220.395 (5) (cq) of the statutes as though the increase in the dollar amount of that
3appropriation by
Section 35 (1) of this act had not been made.
SB638,12,95
(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation
6to the department of transportation under section 20.395 (5) (cq) of the statutes, as
7affected by the acts of 2015, the dollar amount is increased by $295,000 for the fiscal
8year in which this subsection takes effect to increase funding for enforcing and
9administering the motor vehicle financial responsibility program.
SB638,36
10Section
36
.
Initial applicability.
SB638,12,1511
(1) The treatment of section 344.65 (1) (b) and (c) and (2) of the statutes, the
12renumbering and amendment of section 344.65 (1) (a) of the statutes, and the
13creation of section 344.65 (1) (a) 2. and 3. of the statutes first apply to violations
14committed on the effective date of this subsection, but does not preclude the counting
15of other violations as prior violations for purposes of sentencing a person.
SB638,12,1716
(2)
The treatment of sections 344.25 (2m) and 344.26 (1) (am) of the statutes
17first applies to violations committed on the effective date of this subsection.
SB638,37
18Section
37.
Effective dates. This act takes effect on the day after publication,
19except as follows:
SB638,12,2320
(1)
The treatment of sections 344.14 (2) (d), 344.16 (2) and (2m), and 344.63 (1)
21(cm) of the statutes, the renumbering and amendment of section 344.16 (1) of the
22statutes, and the creation of section 344.16 (1) (a) and (b) of the statutes take effect
23on the first day of the 3rd month beginning after publication.
SB638,13,324
(2)
The treatment of sections 344.25 (title) and 344.26 (1) (a) and (b) (intro.) and
251. of the statutes, the renumbering and amendment of section 344.25 of the statutes,
1the repeal and recreation of 344.26 (title) of the statutes, and the creation of sections
2344.25 (2m) and 344.26 (1) (am) of the statutes and
Section 36 (2
) of this act take
3effect on the first day of the 10th month beginning after publication.