Amendment ASA1-AB100

AB100-ASA1, s. 2838 Section 2838. 343.14 (4) of the statutes is repealed.

AB100-ASA1, s. 2839 Section 2839. 343.16 (1) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,1654,17 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of education public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:

AB100-ASA1, s. 2840 Section 2840. 343.16 (1) (c) 1. of the statutes is amended to read:

AB100-ASA1,1654,20 343.16 (1) (c) 1. A course in driver education in public schools approved by the department of education public instruction.

AB100-ASA1, s. 2841 Section 2841. 343.16 (1) (c) 3. of the statutes is amended to read:

AB100-ASA1,1654,24 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of education public instruction.

AB100-ASA1, s. 2842 Section 2842. 343.16 (3) (a) of the statutes is amended to read:

AB100-ASA1,1655,16 343.16 (3) (a) The Except as provided in s. 343.20 (1) (f), the department shall examine every applicant for the renewal of an operator's license once every 4 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

AB100-ASA1, s. 2843 Section 2843. 343.17 (3) (a) 12. of the statutes is amended to read:

AB100-ASA1,1655,22 343.17 (3) (a) 12. If the person is not the legal drinking age, as defined in s. 125.02 (8m), at the time of issuance of the license, a distinctive background color for the license document designated appearance specified by the department that clearly identifies to the public that the person was not the legal drinking age at the time of issuance of the license.

AB100-ASA1, s. 2844 Section 2844. 343.19 (1) of the statutes is amended to read:

AB100-ASA1,1656,9 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name, and date and place of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB100-ASA1, s. 2845 Section 2845. 343.20 (1) (a) of the statutes is amended to read:

AB100-ASA1,1656,21 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. All other licenses and license endorsements shall expire 4 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.

AB100-ASA1, s. 2846 Section 2846. 343.20 (1) (f) of the statutes is created to read:

AB100-ASA1,1657,5 343.20 (1) (f) During the transition to the issuance of renewal licenses under par. (a) that are valid for a period of 8 years, the department may issue licenses for renewal periods of less than 8 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken under s. 343.14 (3) or to submit to an examination under s. 343.16 (3). If the department issues a license under this paragraph, any applicable fees due shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

AB100-ASA1, s. 2847 Section 2847. 343.21 (1) (a) of the statutes is amended to read:

AB100-ASA1,1657,8 343.21 (1) (a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $15 $18.

AB100-ASA1, s. 2848 Section 2848. 343.21 (1) (am) of the statutes is amended to read:

AB100-ASA1,1657,11 343.21 (1) (am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $10 $24.

AB100-ASA1, s. 2849 Section 2849. 343.21 (1) (b) of the statutes is amended to read:

AB100-ASA1,1657,14 343.21 (1) (b) For the initial issuance or renewal of authorization to operate "Class M" motor vehicles, $4 $12 in addition to any other fees due.

AB100-ASA1, s. 2850 Section 2850. 343.21 (1) (bg) of the statutes is created to read:

AB100-ASA1,1657,17 343.21 (1) (bg) For the renewal of authorization to operate "Class M" motor vehicles, $8 in addition to any other fees due.

AB100-ASA1, s. 2851 Section 2851. 343.21 (1) (d) of the statutes is amended to read:

AB100-ASA1,1657,23 343.21 (1) (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $32 $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.

AB100-ASA1, s. 2852 Section 2852. 343.21 (1) (i) of the statutes is amended to read:

AB100-ASA1,1657,25 343.21 (1) (i) For Except as provided in par. (im), for an instruction permit, $20.

AB100-ASA1, s. 2853 Section 2853. 343.21 (1) (im) of the statutes is created to read:

AB100-ASA1,1658,3 343.21 (1) (im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.

AB100-ASA1, s. 2854 Section 2854. 343.38 (2) (intro.) and (a) of the statutes are consolidated, renumbered 343.38 (2) and amended to read:

AB100-ASA1,1658,10 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident: (a) Obtains obtains a valid operator's license in issued by the jurisdiction of the nonresident's residence; and.

AB100-ASA1, s. 2855 Section 2855. 343.38 (2) (b) of the statutes is repealed.

AB100-ASA1, s. 2856 Section 2856. 343.50 (3) of the statutes is amended to read:

AB100-ASA1,1658,21 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, comply with the requirement of shall be of the design specified under s. 343.17 (3) (a) 12.

AB100-ASA1, s. 2857 Section 2857. 343.50 (4) of the statutes is amended to read:

AB100-ASA1,1659,7 343.50 (4) Application. The application for an identification card shall include the information required under s. 343.14 (2) (a) and (b) and (2m), 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 Except as provided in sub. (6) (b), no application may be processed without the photograph being taken. Misrepresentations are punishable as provided in s. 343.14 (5).

AB100-ASA1, s. 2858 Section 2858. 343.50 (5) of the statutes is amended to read:

AB100-ASA1,1659,12 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $4 $12. The card shall be valid for the succeeding period of 4 8 years from the applicant's next birthday after the date of issuance.

AB100-ASA1, s. 2859 Section 2859. 343.50 (6) of the statutes is renumbered 343.50 (6) (a) and amended to read:

AB100-ASA1,1659,21 343.50 (6) (a) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $4 $12, which card shall be valid for 4 8 years.

AB100-ASA1, s. 2860 Section 2860. 343.50 (6) (b) of the statutes is created to read:

AB100-ASA1,1660,5 343.50 (6) (b) During the transition to the issuance of renewal identification cards under par. (a) that are valid for a period of 8 years, the department may issue identification cards for renewal periods of less than 8 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken to comply with sub. (3). If the department issues a renewal identification card under this paragraph, the fee due under par. (a) shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

AB100-ASA1, s. 2861 Section 2861. 343.50 (7) of the statutes is amended to read:

AB100-ASA1,1660,7 343.50 (7) Duplicate. The fee for a duplicate card is $3 $6.

AB100-ASA1, s. 2862 Section 2862. 343.60 (1) of the statutes is amended to read:

AB100-ASA1,1660,15 343.60 (1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of education public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.

AB100-ASA1, s. 2863 Section 2863. 343.61 (3) of the statutes is amended to read:

AB100-ASA1,1660,19 343.61 (3) The required fee for any driver school license, or for any annual renewal thereof, is $25 $75 or, for licenses issued or renewed after August 31, 1998, $95.

AB100-ASA1, s. 2864 Section 2864. 343.62 (3) of the statutes is amended to read:

AB100-ASA1,1660,22 343.62 (3) The required fee for any instructor's license, or for any annual renewal thereof, is $5 $25.

AB100-ASA1, s. 2865 Section 2865. 344.42 of the statutes is created to read:

AB100-ASA1,1661,5 344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.

AB100-ASA1, s. 2866 Section 2866. 345.26 (1) (b) 1. of the statutes is amended to read:

AB100-ASA1,1661,14 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB100-ASA1, s. 2867 Section 2867. 345.26 (2) (b) of the statutes is amended to read:

AB100-ASA1,1661,19 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment and, any applicable jail assessment and any applicable crime laboratories and drug law enforcement assessment.

AB100-ASA1, s. 2868 Section 2868. 345.36 (2) (b) of the statutes is amended to read:

AB100-ASA1,1662,7 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

AB100-ASA1, s. 2869 Section 2869. 345.37 (1) (b) of the statutes is amended to read:

AB100-ASA1,1662,22 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment , crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

AB100-ASA1, s. 2870 Section 2870. 345.37 (2) of the statutes is amended to read:

AB100-ASA1,1663,14 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

AB100-ASA1, s. 2871 Section 2871. 345.37 (5) of the statutes is amended to read:

AB100-ASA1,1663,21 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

AB100-ASA1, s. 2872 Section 2872. 345.375 (2) of the statutes is amended to read:

AB100-ASA1,1664,2 345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, shall be entered.

AB100-ASA1, s. 2873 Section 2873. 345.47 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1664,10 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

AB100-ASA1, s. 2874 Section 2874. 345.47 (1) (b) of the statutes is amended to read:

AB100-ASA1,1664,19 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.

AB100-ASA1, s. 2875 Section 2875. 345.47 (1) (c) of the statutes is amended to read:

AB100-ASA1,1665,8 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB100-ASA1, s. 2876 Section 2876. 345.47 (2) of the statutes is amended to read:

AB100-ASA1,1665,14 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, crime laboratories and drug law enforcement assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

AB100-ASA1, s. 2877 Section 2877. 345.47 (3) of the statutes is amended to read:

AB100-ASA1,1665,20 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, or a jail assessment or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

AB100-ASA1, s. 2878 Section 2878. 345.49 (1) of the statutes is amended to read:

AB100-ASA1,1666,4 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, or a jail assessment, if required by s. 302.46 (1), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

AB100-ASA1, s. 2879 Section 2879. 345.49 (2) of the statutes is amended to read:

AB100-ASA1,1666,17 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

AB100-ASA1, s. 2880 Section 2880. 345.61 (2) (c) of the statutes is amended to read:

AB100-ASA1,1667,6 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87 and , the jail assessment required by s. 302.46 (1) and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB100-ASA1, s. 2881 Section 2881. 346.655 (1) of the statutes is amended to read:

AB100-ASA1,1667,13 346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $300 $340 in addition to the fine or forfeiture, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment.

AB100-ASA1, s. 2882 Section 2882. 346.655 (2) of the statutes is amended to read:

AB100-ASA1,1667,18 346.655 (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 29.2% 37.6% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB100-ASA1,1667,23 (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 29.2% 37.6% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 70.8% 62.4% of the amount to the treasurer of the county.