Amendment ASA1-AB100

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.

AB100-ASA1, s. 4177m Section 4177m. 347.02 (1) (h) of the statutes is amended to read:

AB100-ASA1,1667,25 347.02 (1) (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c).

AB100-ASA1, s. 2883 Section 2883. 348.26 (2) of the statutes is amended to read:

AB100-ASA1,1668,14 348.26 (2) Permits for oversize or overweight vehicles or loads. Except as provided in sub. (4), single trip permits for oversize or overweight vehicles or loads may be issued by the department for use of the state trunk highways and by the officer in charge of maintenance of the highway to be used in the case of other highways. Such local officials also may issue such single trip permits for use of state trunk highways within the county or municipality which they represent. Every single trip permit shall designate the route to be used by the permittee. Whenever the officer or agency issuing such permit deems it necessary to have a traffic officer accompany escort the vehicle through the municipality or county, a reasonable charge fee for such traffic officer's services shall be paid by the permittee. All moneys received from fees imposed by the department under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

AB100-ASA1, s. 4187m Section 4187m. 349.18 (1) (c) of the statutes is created to read:

AB100-ASA1,1668,19 349.18 (1) (c) Regulate the operation of a golf cart to and from a golf course for a distance not to exceed one mile upon a highway under its exclusive jurisdiction. The city, village or town shall place a sign of a type approved by the department to mark any golf cart travel route designated by the ordinance.

AB100-ASA1, s. 2884 Section 2884. 350.108 (2) of the statutes is amended to read:

AB100-ASA1,1668,23 350.108 (2) The department shall develop and issue an educational pamphlet on the intoxicated snowmobiling law to be distributed, beginning in 1989, to persons issued snowmobile registration certificates under s. 350.12 or 350.122.

AB100-ASA1, s. 4189g Section 4189g. 350.11 (1) (a) of the statutes is amended to read:

AB100-ASA1,1669,2 350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m) and (3), any person who violates any provision of this chapter shall forfeit not more than $250.

AB100-ASA1, s. 4189m Section 4189m. 350.11 (1) (b) of the statutes is amended to read:

AB100-ASA1,1669,7 350.11 (1) (b) Except as provided in subs. (2g), (2m) and (3), any person who violates any provision of this chapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter shall forfeit not more than $500.

AB100-ASA1, s. 4189r Section 4189r. 350.11 (2g) of the statutes is created to read:

AB100-ASA1,1669,10 350.11 (2g) Any person who violates s. 350.12 (3j) shall forfeit not more than $1,000.

AB100-ASA1, s. 4189t Section 4189t. 350.12 (title) of the statutes is amended to read:

AB100-ASA1,1669,12 350.12 (title) Registration of snowmobiles ; trail use stickers.

AB100-ASA1, s. 2885 Section 2885. 350.12 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1670,7 350.12 (3) (a) (intro.) Except as provided under subs. (2) and (5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122 or as an antique under par. (b) and has the registration decals displayed as required by under sub. (5) or s. 350.122 or unless the snowmobile has a reflectorized plate attached as required under par. (c) 3. A snowmobile that is not registered as an antique under par. (b) may be registered for public use. A snowmobile that is not registered as an antique under par. (b) and that is used exclusively on private property, as defined under s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning the July 1 prior to the date of application if registration is made prior to April 1 and beginning the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $20 except the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.

AB100-ASA1, s. 4190g Section 4190g. 350.12 (3j) of the statutes is created to read:

AB100-ASA1,1670,12 350.12 (3j) Trail use stickers. (a) Except as provided in par. (d), no person who is the owner of a snowmobile may operate, or give permission for another person to operate, a snowmobile on a snowmobile trail in this state unless a trail use sticker issued under this subsection is displayed on the snowmobile.

AB100-ASA1,1670,15 (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10. A trail use sticker issued for such a snowmobile may be issued only by the department and is valid for one year.

AB100-ASA1,1670,21 (c) There is no fee for a trail use sticker issued for a snowmobile that is registered under this section or s. 23.35 or 350.122. The department or Indian tribe or band shall issue a trail use sticker for such a snowmobile when it issues the registration certificate for the snowmobile. The department shall provide Indian tribes or bands that register snowmobiles under s. 23.35 or 350.122 with a supply of trail use stickers.

AB100-ASA1,1670,23 (d) A snowmobile that is exempt from registration under sub. (2) (a) is exempt from having a trail use sticker displayed under par. (a).

AB100-ASA1, s. 4190r Section 4190r. 350.12 (3m) (title) of the statutes is amended to read:

AB100-ASA1,1670,25 350.12 (3m) (title) Snowmobile registration and trail use sticker receipts.

AB100-ASA1, s. 2886 Section 2886. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1671,4 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (5) (es) and (mw) and (8) (dq) (9) (mu) and (mw) may be used for the following:

AB100-ASA1, s. 2887 Section 2887. 350.12 (4) (c) of the statutes is renumbered 350.12 (4) (c) 1. and amended to read:

AB100-ASA1,1671,10 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (5) (mw) or (8) (dq) or (9) (mw) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

AB100-ASA1, s. 2888 Section 2888. 350.12 (4) (c) 2. of the statutes is created to read:

AB100-ASA1,1671,17 350.12 (4) (c) 2. If any moneys appropriated under s. 20.370 (9) (mu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.

AB100-ASA1, s. 4193g Section 4193g. 350.12 (5) (title) of the statutes is amended to read:

AB100-ASA1,1671,19 350.12 (5) (title) Registration decals and trail use stickers to be displayed.

AB100-ASA1, s. 4193r Section 4193r. 350.12 (5) (a) of the statutes is amended to read:

AB100-ASA1,1672,2 350.12 (5) (a) The owner of the snowmobile shall attach the registration decals to the snowmobile in a prominent place, and shall maintain the registration decals in a legible condition at all times. Decals shall be not larger than 3 inches in height and 6 inches in width. Registration decals are to be applied on both sides of the cowling of the snowmobile. The owner of the snowmobile shall attach the trail use sticker to the snowmobile in the manner promulgated by rule by the department.

AB100-ASA1, s. 2889 Section 2889. 350.122 of the statutes is created to read:

AB100-ASA1,1672,5 350.122 Lac du Flambeau registration program. (1) Definitions. In this section:

AB100-ASA1,1672,6 (a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100-ASA1,1672,8 (b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

AB100-ASA1,1672,15 (2) Authorization for issuance. The band may issue registration certificates for public use or private use for snowmobiles that are equivalent to the registration certificates for public use or private use that are issued by the department. The band may not register snowmobiles as antiques and may not issue registration certificates to political subdivisions of this state. The band may renew and transfer a registration certificate that it or the department has issued. The band may issue duplicates of only those registration certificates that it issues under this section.

AB100-ASA1,1672,23 (3) Requirements for issuance; fees; periods of validity. (a) For issuing or renewing any registration certificate under this section, the band shall collect the same fee that would be collected for the equivalent registration certificate under s. 350.12 (3) (a). For transferring a registration certificate under this section, the band shall collect the same fee that would be collected for the transfer under s. 350.12 (3) (a) 3. For issuing a duplicate registration certificate under this section, the band shall collect the same fee that would be collected for the duplicate under s. 350.12 (3) (e).

AB100-ASA1,1673,3 (b) The band may not issue, renew or otherwise process registration certificates under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB100-ASA1,1673,6 (c) For a registration certificate issued, transferred or renewed under this section, the period of validity shall be the same as it would be for the equivalent registration certificate under s. 350.12 (3) (a).

AB100-ASA1,1673,8 (d) The band may issue, renew or otherwise process registration certificates under this section only to persons who appear in person on the reservation.

AB100-ASA1,1673,12 (4) Requirements for registration: procedures, applications and decals. (a) The band shall use registration applications and certificates that are substantially similar to those under s. 350.12 with regard to length, legibility and information content.

AB100-ASA1,1673,15 (b) The band shall use registration decals that are substantially similar to those under s. 350.12 with regard to color, size, legibility, information content, and placement on the snowmobile.

AB100-ASA1,1673,17 (c) The band shall use a sequential numbering system that includes a series of letters or initials that identify the band as the issuing authority.

AB100-ASA1,1673,21 (d) The band shall establish procedures that are substantially similar to the procedures specified in s. 350.12 (3) (a) 2., 3. and 4., (5) (d) and (6) and to the procedures to be used for validating applications for purposes of s. 350.12 (5) (b) and (c).

AB100-ASA1,1673,23 (5) Registration information; records; tax collection. (a) The band shall provide registration information to the state in one of the following ways:

AB100-ASA1,1674,2 1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described under sub. (6), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

AB100-ASA1,1674,6 2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

AB100-ASA1,1674,10 (b) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of registration certificate that the band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

AB100-ASA1,1674,14 (c) For law enforcement purposes, the band shall make available for inspection by the department during normal business hours the band's records of all registration certificates issued, renewed or otherwise processed, including copies of all applications made for certificates.

AB100-ASA1,1674,18 (d) The band shall ensure that a record of each registration certificate issued, renewed or otherwise processed under this section, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

AB100-ASA1,1674,23 (e) The band shall collect the sales and use taxes due under s. 77.61 (1) on any snowmobile registered under this section and make the report in respect to those taxes. The band shall use collection and accounting methods approved by the department of revenue. On or before the 15th day of each month, the band shall pay to the department of revenue all taxes that the band collected in the previous month.

AB100-ASA1,1675,2 (6) Applicability. This section does not apply unless the department and the band have in effect a written agreement, approved by the joint committee on finance, under which the band agrees to comply with subs. (2) to (5) and that contains all of the following terms:

AB100-ASA1,1675,4 (a) The manner in which the band will limit its treaty-based right to fish outside the reservation.