Amendment SSA1-SB39

LRBs0402/1

TNF:jlg&kaf:hmh

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 39

January 22, 1998 - Offered by Joint committee on Finance.

SB39-SSA1,1,8 An Act to renumber 346.49 (2) (b); to renumber and amend 346.49 (2) (a); to amend 59.25 (3) (f) 2., 59.40 (2) (m), 195.28 (2), 195.28 (3), 346.62 (1) (d), 346.65 (5m), 973.05 (1), 973.05 (2) and 973.07; and to create 20.395 (2) (gj), 25.40 (1) (ij), 343.30 (2j), 343.32 (2) (bd), 346.49 (2m) (a), 346.495, 346.62 (2m), 346.65 (4m), 346.65 (4r) and 814.60 (2) (eg) of the statutes; relating to: stopping at railroad crossings, reckless driving at railroad crossings, creating a railroad crossing improvement assessment, making an appropriation and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB39-SSA1, s. 1 Section 1. 20.395 (2) (gj) of the statutes is created to read:

SB39-SSA1,2,2 20.395 (2) (gj) Railroad crossing protection installation and maintenance, state funds. All moneys received from railroad crossing improvement assessments required under ss. 346.495 and 346.65 (4r), for the purpose of railroad crossing protection installation and maintenance under s. 195.28 (2) and (3).

SB39-SSA1, s. 2 Section 2. 25.40 (1) (ij) of the statutes is created to read:

SB39-SSA1,2,6 25.40 (1) (ij) All moneys forwarded by county treasurers from railroad crossing improvement assessments required under ss. 346.495 and 346.65 (4r), as provided in s. 59.25 (3) (f) 2.

SB39-SSA1, s. 3 Section 3. 59.25 (3) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 27, section 2160p, is amended to read:

SB39-SSA1,3,9 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

SB39-SSA1, s. 4 Section 4. 59.40 (2) (m) of the statutes, as affected by 1997 Wisconsin Act 27, section 2163p, is amended to read:

SB39-SSA1,4,12 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

SB39-SSA1, s. 5 Section 5. 195.28 (2) of the statutes is amended to read:

SB39-SSA1,4,17 195.28 (2) Installation costs. The cost of any signal or other crossing protection device which is ordered installed under sub. (1) and the cost of installing any such device shall be paid by the department from the appropriations under s. 20.395 (2) (gj), (gr) and (gx).

SB39-SSA1, s. 6 Section 6. 195.28 (3) of the statutes is amended to read:

SB39-SSA1,5,5 195.28 (3) Maintenance costs. Except as otherwise provided in this subsection, the cost of maintaining crossing protection devices ordered under sub. (1) shall be the responsibility of the railroad or railroad historical society. Any railroad company or railroad historical society that incurs expenses for maintenance of signals or other safety devices may file a claim for reimbursement with the department regardless of the date of installation of the signals or devices. At the close of each fiscal year the department shall reimburse claimants under this subsection for 50% of the costs, as determined by the office, incurred for maintenance of railroad crossing protection devices from the appropriation appropriations under s. 20.395 (2) (gj) and (gq). If the amount in the appropriation appropriations under s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement under this subsection, the amount shall be prorated in the manner determined by the office.

SB39-SSA1, s. 7 Section 7. 343.30 (2j) of the statutes is created to read:

SB39-SSA1,5,15 343.30 (2j) (a) A court may revoke a person's operating privilege upon the person's first conviction for violating s. 346.44 or 346.62 (2m) and shall revoke a person's operating privilege upon the person's 2nd or subsequent conviction within a 5-year period for violating s. 346.44 or 346.62 (2m). The revocation shall be for a period of 6 months. For purposes of determining prior convictions for purposes of this paragraph, the 5-year period shall be measured from the dates of the violations that resulted in the convictions. Each conviction under s. 346.44 or 346.62 (2m) shall be counted, except that convictions under s. 346.44 and 346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.

SB39-SSA1, s. 8 Section 8. 343.32 (2) (bd) of the statutes is created to read:

SB39-SSA1,5,20 343.32 (2) (bd) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of s. 346.44 or 346.62 (2m), except that convictions under s. 346.44 and 346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.

SB39-SSA1, s. 9 Section 9. 346.49 (2) (a) of the statutes is renumbered 346.49 (2) and amended to read:

SB39-SSA1,5,25 346.49 (2) Unless otherwise provided in par. (b), any Any person violating s. 346.44, 346.45, 346.455 or 346.48 may be required to forfeit not less than $30 nor more than $300.

SB39-SSA1, s. 10 Section 10. 346.49 (2) (b) of the statutes is renumbered 346.49 (2m) (b).

SB39-SSA1, s. 11 Section 11. 346.49 (2m) (a) of the statutes is created to read:

SB39-SSA1,6,4 346.49 (2m) (a) Unless otherwise provided in par. (b), any person violating s. 346.44 may be fined not more than $1,000.

SB39-SSA1, s. 12 Section 12. 346.495 of the statutes is created to read:

SB39-SSA1,6,9 346.495 Railroad crossing improvement assessment. (1) If a court imposes a fine under s. 346.49 (2m) (a) for a violation of s. 346.44, the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the fine.

SB39-SSA1,6,11 (2) If a fine is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

SB39-SSA1,6,16 (3) 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).

SB39-SSA1, s. 13 Section 13. 346.62 (1) (d) of the statutes is amended to read:

SB39-SSA1,6,19 346.62 (1) (d) "Vehicle" has the meaning designated in s. 939.22 (44), except that for purposes of sub. (2m) "vehicle" has the meaning given in s. 340.01 (74).

SB39-SSA1, s. 14 Section 14. 346.62 (2m) of the statutes is created to read:

SB39-SSA1,6,24 346.62 (2m) No person may recklessly endanger the safety of any person by driving a vehicle on or across a railroad crossing in violation of s. 346.44 (1) or through, around or under any crossing gate or barrier at a railroad crossing in violation of s. 346.44 (2).

SB39-SSA1, s. 15 Section 15. 346.65 (4m) of the statutes is created to read:

SB39-SSA1,7,2 346.65 (4m) Except as provided in sub. (5m), any person violating s. 346.62 (2m) shall be fined not less than $300 nor more than $1,000.

SB39-SSA1, s. 16 Section 16. 346.65 (4r) of the statutes is created to read:

SB39-SSA1,7,6 346.65 (4r) (a) If a court imposes a fine under sub. (4m) for a violation of s. 346.62 (2m), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the fine.

SB39-SSA1,7,8 (b) If a fine is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

SB39-SSA1,7,13 (c) 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 paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB39-SSA1, s. 17 Section 17. 346.65 (5m) of the statutes is amended to read:

SB39-SSA1,7,18 346.65 (5m) If an operator of a vehicle violates s. 346.62 (2) to (4) where persons engaged in work in a highway maintenance or construction area are at risk from traffic, any applicable minimum and maximum forfeiture or fine specified in sub. (1), (3), (4m) or (5) for the violation shall be doubled.

SB39-SSA1, s. 18 Section 18. 814.60 (2) (eg) of the statutes is created to read:

SB39-SSA1,7,21 814.60 (2) (eg) Railroad crossing improvement assessment imposed by s. 346.495 or 346.65 (4r);

SB39-SSA1, s. 19 Section 19. 973.05 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1,8,25 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable railroad crossing improvement assessment imposed by s. 346.495 or 346.65 (4r), any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable railroad crossing improvement assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

SB39-SSA1, s. 20 Section 20. 973.05 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1,9,25 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable railroad crossing improvement assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to the railroad crossing improvement assessment until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

SB39-SSA1, s. 21 Section 21. 973.07 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read: