Amendment ASA1-AB768

AB768-ASA1,390,13 343.31 (3) (bm) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

AB768-ASA1, s. 514m Section 514m. 343.61 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,390,19 343.61 (2) (a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

AB768-ASA1,390,20 1. In the case of an individual, the individual's social security number.

AB768-ASA1,390,22 2. In the case of a person who is not an individual, the person's federal employer identification number.

AB768-ASA1,391,2 (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 518m Section 518m. 343.62 (2) (b) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,391,9 343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 520m Section 520m. 343.64 (2) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,391,14 343.64 (2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1. or 2.

AB768-ASA1, s. 524g Section 524g. 343.665 (title) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,391,18 343.665 (title) Denial, restriction Restriction, limitation or, suspension or revocation of driver school license.

AB768-ASA1, s. 524j Section 524j. 343.665 of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 343.665 (1).

AB768-ASA1, s. 524m Section 524m. 343.665 (2) of the statutes is created to read:

AB768-ASA1,392,2 343.665 (2) The secretary shall suspend or revoke a driver school license issued under s. 343.61, if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose driver school license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.

AB768-ASA1, s. 525g Section 525g. 343.675 (title) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,392,6 343.675 (title) Denial, restriction Restriction, limitation or, suspension or revocation of instructor's license.

AB768-ASA1, s. 525j Section 525j. 343.675 of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 343.675 (1).

AB768-ASA1, s. 525m Section 525m. 343.675 (2) of the statutes is created to read:

AB768-ASA1,392,15 343.675 (2) The secretary shall suspend or revoke an instructor's license issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose instructor's license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.

AB768-ASA1, s. 527b Section 527b. 343.69 of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,393,2 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials of applications or revocations of licenses under s. 343.665 or 343.675.

AB768-ASA1, s. 527e Section 527e. 345.26 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,393,13 345.26 (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, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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

AB768-ASA1, s. 527em Section 527em. 345.28 (4) (i) of the statutes is created to read:

AB768-ASA1,393,22 345.28 (4) (i) Notwithstanding any other provision of this subsection or ss. 341.10 (7m) and 341.63 (1) (c), the department may permit an authority to send a single notice to the department under par. (a) 1. with respect to 2 or more citations that have been issued to a person and remain unpaid and, if an authority sends a notice specified in this paragraph to the department, the authority and department shall treat any such notice for purposes of any other provision of this section or ss. 341.10 (7m) and 341.63 (1) (c) in the same manner as a notice to the department under par. (a) 1. with respect to a single citation.

AB768-ASA1, s. 527ep Section 527ep. 345.285 of the statutes is created to read:

AB768-ASA1,394,3 345.285 Alternative traffic violation and registration pilot program. (1) The department may administer an alternative traffic violation and registration pilot program. Any pilot program under this section shall provide alternative methods of suspending and refusing vehicle registrations for unpaid citations for nonmoving traffic violations in lieu of applicable requirements of s. 345.28.

AB768-ASA1,394,7 (2) The department may contract with a city of the 1st class to permit the city to suspend vehicle registrations for unpaid citations for nonmoving traffic violations. The department may not enter into a contract under this subsection after June 30, 2001. A contract under this subsection shall include all of the following provisions:

AB768-ASA1,394,9 (a) The city may suspend the registration of a vehicle if all of the following apply:

AB768-ASA1,394,12 1. The city has cited the owner of the vehicle for one or more nonmoving traffic violations for which the owner has neither paid the forfeitures nor appeared in court in response to the violations.

AB768-ASA1,394,15 2. The city has mailed to the last-known address of the owner at least 2 notices that meet the requirements of s. 345.28 (4) (c) with respect to each citation counted under subd. 1.

AB768-ASA1,394,19 3. The owner has not, by the date specified in the last issued citation that is counted under subd. 1. or, if no date is specified in that citation, within 28 days after the citation is issued, either paid all forfeitures or appeared in court in response to all citations counted under subd. 1. for which the forfeitures have not been paid.

AB768-ASA1,394,21 (b) If the city suspends the registration of a vehicle under par. (a), all of the following apply:

AB768-ASA1,394,23 1. The city may notify the department to refuse the registration of any vehicle owned by the person under s. 341.10 (7r).

AB768-ASA1,395,3 2. The city shall remove the suspension of the vehicle's registration under par. (a) if the owner of the vehicle either pays all forfeitures or appears in court in response to all citations counted under par. (a) 1. for which the forfeitures have not been paid. If a suspension is removed under this subdivision, the department shall be immediately notified in the form and manner prescribed by the department.

AB768-ASA1,395,7 (c) Provisions that specify the responsibilities of the department and of the city with respect to the pilot program, the procedures for record and transaction security, and any fee that the city may assess the owner of a vehicle whose registration is suspended under par. (a).

AB768-ASA1,395,14 (d) Notwithstanding s. 85.13, the department shall charge the city a fee for the cost of the development and operation of the pilot program under this section. The fee shall ensure that payments by the city to the department under this paragraph and s. 85.13 are not less than payments made by the city to the department under s. 85.13 before the effective date of this paragraph .... [revisor inserts date], for comparable periods of time. The department may periodically adjust this fee accordingly or, in lieu of adjusting the fee, may terminate the contract.

AB768-ASA1,395,17 (e) The city may enact and enforce an ordinance that strictly conforms to s. 341.03, except that the ordinance shall apply to motor vehicles whose registration is suspended under par. (a).

AB768-ASA1,395,19 (f) The city may not suspend vehicle registrations under this section after June 30, 2001.

AB768-ASA1, s. 527f Section 527f. 345.37 (2) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,13 345.37 (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, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

AB768-ASA1, s. 527g Section 527g. 345.37 (5) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,22 345.37 (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, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

AB768-ASA1, s. 527h Section 527h. 345.47 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,8 345.47 (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, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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:

AB768-ASA1, s. 527j Section 527j. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,19 345.47 (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, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

AB768-ASA1, s. 527k Section 527k. 345.47 (1) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,398,11 345.47 (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, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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, jail assessment, railroad crossing improvement 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.

AB768-ASA1, s. 527m Section 527m. 345.49 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,398,23 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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, jail assessment, railroad crossing improvement 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.

AB768-ASA1, s. 527n Section 527n. 345.61 (2) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,399,14 345.61 (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, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r) 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).

AB768-ASA1, s. 527p Section 527p. 346.17 (2) of the statutes is amended to read:

AB768-ASA1,399,18 346.17 (2) Any person violating ss. 346.05, 346.07 (2) or (3), 346.08 to, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14 to 346.16 may be required to forfeit not less than $30 nor more than $300.

AB768-ASA1, s. 527r Section 527r. 346.17 (2m) of the statutes is created to read:

AB768-ASA1,399,21 346.17 (2m) Any person violating s. 346.10 (1) shall forfeit not less than $60 nor more than $600.

AB768-ASA1, s. 527rm Section 527rm. 346.177 of the statutes is created to read:

AB768-ASA1,400,2 346.177 Railroad crossing improvement assessment for vehicles illegally passing at railroad crossings. (1) Whenever a court imposes a forfeiture under s. 346.17 (2m) for a violation of s. 346.10 (1), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the forfeiture.

AB768-ASA1,400,4 (2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

AB768-ASA1,400,10 (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 under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

AB768-ASA1,400,15 (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 as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB768-ASA1, s. 527s Section 527s. 346.49 (1) (a) and (b) of the statutes are amended to read:

AB768-ASA1,400,20 346.49 (1) (a) Unless otherwise provided in par. (b) or (c), any person violating s. 346.46 (1), (2m) or (4) or 346.47 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB768-ASA1,400,22 (b) Any operator of a bicycle violating s. 346.46 (1), (2m) or (4) may be required to forfeit not more than $20.

AB768-ASA1, s. 527t Section 527t. 346.49 (1g) of the statutes is created to read:

AB768-ASA1,401,2 346.49 (1g) (a) Unless otherwise provided in par. (b), any person violating s. 346.46 (3) shall forfeit not less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200 for the 2nd or subsequent conviction within a year.

AB768-ASA1,401,4 (b) Any operator of a bicycle violating s. 346.46 (3) shall forfeit not more than $40.

AB768-ASA1, s. 527v Section 527v. 346.49 (2) of the statutes, as affected by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,8 346.49 (2) Any person violating s. 346.45, 346.455 or 346.48 may be required to forfeit not less than $30 nor more than $300.

AB768-ASA1, s. 527w Section 527w. 346.49 (2m) (am) of the statutes is created to read:

AB768-ASA1,401,11 346.49 (2m) (am) Any person violating s. 346.45 shall forfeit not less than $60 nor more than $600.

AB768-ASA1, s. 527wm Section 527wm. 346.49 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,15 346.49 (2m) (b) Any operator of a bicycle violating s. 346.44 may be required to forfeit not more than $20 $40.

AB768-ASA1, s. 527x Section 527x. 346.495 (1) of the statutes, as created by 1997 Wisconsin Act 135, is amended to read:

AB768-ASA1,401,21 346.495 (1) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am) or (b) for a violation of s. 346.44, 346.45 or 346.46 (3), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the forfeiture.

AB768-ASA1, s. 527yg Section 527yg. 346.65 (2) (b) of the statutes is amended to read:

AB768-ASA1,402,2 346.65 (2) (b) Except as provided in par. (f), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 in a 5-year within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yh Section 527yh. 346.65 (2) (c) of the statutes is amended to read:

AB768-ASA1,402,9 346.65 (2) (c) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 3 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yj Section 527yj. 346.65 (2) (d) of the statutes is amended to read:

AB768-ASA1,402,16 346.65 (2) (d) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 4 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527yk Section 527yk. 346.65 (2) (e) of the statutes is amended to read:

AB768-ASA1,402,23 346.65 (2) (e) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than one year in the county jail 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB768-ASA1, s. 527ym Section 527ym. 346.65 (2c) of the statutes is amended to read:

AB768-ASA1,403,6 346.65 (2c) In sub. (2) (b) to (e), the 5-year or 10-year time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under sub. (2) (b) to (e).

AB768-ASA1, s. 527yp Section 527yp. 346.65 (2j) (b) of the statutes is amended to read:

AB768-ASA1,403,11 346.65 (2j) (b) Except as provided in par. (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total of prior convictions, suspension and revocations counted under s. 343.307 (2) equals 2 in a 5-year within a 10-year period.