343.315 (2) (a) 7. Operating a commercial motor vehicle when the person's commercial driver license is revoked, suspended, or canceled based on the person's operation of a commercial motor vehicle or when the person is disqualified from operating a commercial motor vehicle.
33,2564
Section
2564. 343.315 (2) (a) 8. of the statutes is created to read:
343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.
33,2564m
Section 2564m. 343.315 (2) (b) of the statutes is amended to read:
343.315
(2) (b) If any of the violations listed in par. (a) 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 on or after July 1, 1987, the person shall be disqualified from operating a commercial motor vehicle for a 3-year period.
33,2565
Section
2565. 343.315 (2) (e) of the statutes is amended to read:
343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, or uses any motor vehicle on or after September 30, 2005, in the commission of a felony involving the manufacture, distribution, delivery or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver or dispense a controlled substance or controlled substance analog. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).
33,2566
Section
2566. 343.315 (2) (f) (intro.) of the statutes is amended to read:
343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle or while driving or operating any motor vehicle if the person holds a commercial driver license. The 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means any of the following offenses committed while operating a commercial motor vehicle, or any of the following offenses committed while operating any motor vehicle if the offense results in the revocation, cancellation, or suspension of the person's operator's license or operating privilege:
33,2567
Section
2567. 343.315 (2) (f) 2. of the statutes is amended to read:
343.315 (2) (f) 2. Violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law or any law of another jurisdiction relating to motor vehicle traffic control, arising in connection with a fatal accident, other than parking, vehicle weight or vehicle defect violations, or violations described in par. (a) 8.
33,2568
Section
2568. 343.315 (2) (f) 6. of the statutes is created to read:
343.315 (2) (f) 6. Operating a commercial motor vehicle when the person has not obtained a commercial driver license.
33,2569
Section
2569. 343.315 (2) (f) 7. of the statutes is created to read:
343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.
33,2570
Section
2570. 343.315 (2) (f) 8. of the statutes is created to read:
343.315 (2) (f) 8. Operating a commercial motor vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
33,2570g
Section 2570g. 343.315 (2) (h) of the statutes is amended to read:
343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year 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) by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under state or federal law.
33,2570m
Section 2570m. 343.315 (2) (i) of the statutes is amended to read:
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 CR 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 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.
33,2571
Section
2571. 343.315 (2) (k) of the statutes is created to read:
343.315
(2) (k) A person disqualified by federal authorities under
49 USC 31310 (f) and
49 CFR 383.52 on the basis that the person's continued operation of a commercial motor vehicle would create an imminent hazard, as defined in
49 USC 5102 and
49 CFR 383.5, is disqualified from operating a commercial motor vehicle for the period of disqualification determined by the federal authority upon receipt by the department of the notice of disqualification provided for in
49 CFR 383.52 (d).
33,2571y
Section 2571y. 343.44 (1) (c) of the statutes is amended to read:
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 state or federal law.
33,2572
Section
2572. 343.44 (1) (d) of the statutes is amended to read:
343.44
(1) (d)
Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or
49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to
49 CFR 383.51, or under a determination by the federal
highway motor carrier safety administration under the federal rules of practice for motor carrier safety contained in
49 CFR 386 that the person is no longer qualified to operate a vehicle under
49 CFR 391.
33,2573
Section
2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:
343.44 (2) (b) (intro.) Except as provided in par. (am), 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:
33,2574
Section
2574. 343.44 (2) (bm) of the statutes is created to read:
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.
33,2574h
Section 2574h. 343.50 (4) of the statutes is amended to read:
343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card, and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).
33,2575
Section
2575. 344.185 (2) (e) 2. of the statutes is amended to read:
344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.
33,2579
Section
2579. 345.08 of the statutes is amended to read:
345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.
33,2579m
Section 2579m. 345.11 (2m) (b) of the statutes is amended to read:
345.11
(2m) (b) Whether the vehicle was transporting hazardous materials requiring placarding
or any quantity of a material listed as a select agent or toxin under 42 CFR 73.
33,2580
Section
2580. 346.177 (3) of the statutes is amended to read:
346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
33,2581
Section
2581. 346.177 (4) of the statutes is amended to read:
346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
33,2583
Section
2583. 346.495 (3) of the statutes is amended to read:
346.495 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
33,2584
Section
2584. 346.495 (4) of the statutes is amended to read:
346.495 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
33,2588
Section
2588. 346.65 (4r) (c) of the statutes is amended to read:
346.65 (4r) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
33,2589
Section
2589. 346.65 (4r) (d) of the statutes is amended to read:
346.65 (4r) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).
33,2590
Section
2590. 346.655 (2) (a) of the statutes is amended to read:
346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
33,2591
Section
2591. 346.655 (2) (b) of the statutes is amended to read:
346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.
33,2592
Section
2592. 346.655 (3) of the statutes is amended to read:
346.655 (3) All moneys collected from the driver improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer secretary of administration under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for drivers referred through assessment.
33,2594
Section
2594. 348.25 (8) (a) 1. of the statutes is amended to read:
348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003
2005, the fee is $17.
33,2595
Section
2595. 348.25 (8) (a) 2. of the statutes is amended to read:
348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $22.
33,2596
Section
2596. 348.25 (8) (a) 2m. of the statutes is amended to read:
348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $28.
33,2597
Section
2597. 348.25 (8) (b) 1. of the statutes is amended to read:
348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003
2005, the fee is $66.
33,2598
Section
2598. 348.25 (8) (b) 2. of the statutes is amended to read:
348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $99.
33,2599
Section
2599. 348.25 (8) (b) 3. a. of the statutes is amended to read:
348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $220.
33,2600
Section
2600. 348.25 (8) (b) 3. b. of the statutes is amended to read:
348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $385.
33,2601
Section
2601. 348.25 (8) (b) 3. c. of the statutes is amended to read:
348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
33,2602
Section
2602. 348.25 (8) (bm) 1. of the statutes is amended to read:
348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003 2005.
33,2603
Section
2603. 348.25 (8) (bm) 2. of the statutes is amended to read:
348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000, or submitted after June 30, 2003 2005.
33,2604
Section
2604. 348.25 (8) (e) of the statutes is amended to read:
348.25 (8) (e) The officer or agency authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied and to pay an additional fee of $5 established by the department by rule per permit if a department telephone call-in procedure or Internet procedure is used. The fee shall approximate the cost to the department for providing this service to persons so requesting.
33,2605
Section
2605. 349.04 (3) of the statutes is amended to read:
349.04 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment under this section. If the deposit is forfeited, the amount of the truck driver education assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the truck driver education assessment shall also be returned.
33,2606
Section
2606. 349.04 (4) of the statutes is amended to read:
349.04 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).
33,2607
Section
2607. 350.115 (1) (c) of the statutes is amended to read:
350.115 (1) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment shall be transmitted to the state treasurer
secretary of administration under par. (d). If the deposit is returned, the snowmobile registration restitution payment shall also be returned.
33,2608
Section
2608. 350.115 (1) (d) of the statutes is amended to read:
350.115 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
33,2608m
Section 2608m. 350.12 (4) (b) (intro.) of the statutes is amended to read:
350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (5) (cb), (ck), (cr), (cs), and (cw) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:
