Amendment ASA1-SB55

SB55-ASA1, s. 3443k Section 3443k. 346.65 (6) (a) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1129,4 346.65 (6) (a) 1. Except as provided in s. 343.301, the The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person, whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or, (b), (c), or (d), or 940.25 (1) (a), (b), (c), or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations, or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an ignition interlock device or immobilized if that if the court enters an order under s. 343.301 to immobilize the motor vehicle or equip the motor vehicle with an ignition interlock device or if seizure would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

SB55-ASA1, s. 3443m Section 3443m. 346.65 (6) (m) of the statutes is amended to read:

SB55-ASA1,1129,17 346.65 (6) (m) The Except as provided in s. 343.301, the court may order a vehicle to be immobilized under this subsection for not more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. The court may order a vehicle to be equipped with an ignition interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle immobilized or equipped with an ignition interlock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor vehicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.

SB55-ASA1, s. 1765 Section 1765. 346.655 (1) of the statutes is amended to read:

SB55-ASA1,1129,25 346.655 (1) 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 $345 $355 in addition to the fine or forfeiture, penalty assessment, jail assessment and, crimes laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment.

SB55-ASA1, s. 1766 Section 1766. 346.655 (2) (b) of the statutes is amended to read:

SB55-ASA1,1130,6 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer as provided in s. 66.0114 (1) (b) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB55-ASA1, s. 3445f Section 3445f. 347.413 (1) of the statutes is amended to read:

SB55-ASA1,1130,13 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SB55-ASA1, s. 3445g Section 3445g. 347.413 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1130,22 347.413 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6), 1999 stats., or s. 343.301 (1). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SB55-ASA1, s. 3445h Section 3445h. 347.417 (1) of the statutes is amended to read:

SB55-ASA1,1131,3 347.417 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 343.301 (2) or 346.65 (6). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

SB55-ASA1, s. 3445j Section 3445j. 347.417 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1131,10 347.417 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 343.301 (2) or 346.65 (6), 1999 stats., or s. 343.301 (2). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

SB55-ASA1, s. 3445k Section 3445k. 347.417 (2) of the statutes is amended to read:

SB55-ASA1,1131,16 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 343.301 (2) or 346.65 (6). The label shall provide notice of the penalties for removing, disconnecting, tampering with or otherwise circumventing the operation of the immobilization device.

SB55-ASA1, s. 3445m Section 3445m. 347.417 (2) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1131,24 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 343.301 (2) or 346.65 (6), 1999 stats., or s. 343.301 (2). The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.

SB55-ASA1, s. 3446k Section 3446k. 348.25 (8) (a) 1. of the statutes is amended to read:

SB55-ASA1,1132,4 348.25 (8) (a) 1. For a vehicle or combination of vehicles which that exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $17.

SB55-ASA1, s. 3447k Section 3447k. 348.25 (8) (a) 2. of the statutes is amended to read:

SB55-ASA1,1132,10 348.25 (8) (a) 2. For a vehicle or combination of vehicles which that exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $22 $23.

SB55-ASA1, s. 3448k Section 3448k. 348.25 (8) (a) 2m. of the statutes is amended to read:

SB55-ASA1,1132,15 348.25 (8) (a) 2m. For a vehicle or combination of vehicles which that exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $28 $29.

SB55-ASA1, s. 3449k Section 3449k. 348.25 (8) (b) 1. of the statutes is amended to read:

SB55-ASA1,1132,20 348.25 (8) (b) 1. For a vehicle or combination of vehicles which that exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $66 $69.

SB55-ASA1, s. 3450k Section 3450k. 348.25 (8) (b) 2. of the statutes is amended to read:

SB55-ASA1,1133,2 348.25 (8) (b) 2. For a vehicle or combination of vehicles which that exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $99 $104.

SB55-ASA1, s. 3451k Section 3451k. 348.25 (8) (b) 3. a. of the statutes is amended to read:

SB55-ASA1,1133,7 348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $220 $230.

SB55-ASA1, s. 3452k Section 3452k. 348.25 (8) (b) 3. b. of the statutes is amended to read:

SB55-ASA1,1133,12 348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $385 $403.

SB55-ASA1, s. 3453k Section 3453k. 348.25 (8) (b) 3. c. of the statutes is amended to read:

SB55-ASA1,1133,20 348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999 2001, and before July 1, 2003 March 1, 2009, the fee is $385 plus $110 $403 plus $115 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

SB55-ASA1, s. 3454k Section 3454k. 348.25 (8) (bm) 1. of the statutes is amended to read:

SB55-ASA1,1134,2 348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003 March 1, 2009.

SB55-ASA1, s. 3455k Section 3455k. 348.25 (8) (bm) 2. of the statutes is amended to read:

SB55-ASA1,1134,9 348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 $17.25 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000 2002, or submitted after June 30, 2003 February 28, 2009.

SB55-ASA1, s. 3456k Section 3456k. 349.04 of the statutes is created to read:

SB55-ASA1,1134,14 349.04 Truck driver education assessments. (1) If a court imposes a fine or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved a commercial motor vehicle, the court shall impose a truck driver education assessment of $8.

SB55-ASA1,1134,16 (2) If a fine or forfeiture is suspended in whole or in part, the truck driver education assessment shall be reduced in proportion to the suspension.

SB55-ASA1,1134,22 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment under this section. If the deposit is forfeited, the amount of the truck driver education assessment shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the truck driver education assessment shall also be returned.

SB55-ASA1,1135,2 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer is provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).

SB55-ASA1,1135,7 (5) This section first applies to fines and forfeitures imposed on the first day of the first month beginning after the director of the technical college system notifies the director of state courts under 2001 Wisconsin Act .... (this act), section 9148 (1f) that the truck driver training center at Waukesha County Technical College is scheduled to open.

SB55-ASA1, s. 3456m Section 3456m. 349.06 (3) of the statutes is amended to read:

SB55-ASA1,1135,14 349.06 (3) If an operator of a vehicle violates a local ordinance in strict conformity with s. 346.04 (1) or (2), 346.18 (6), 346.27, 346.37, 346.39, 346.46 (1), 346.57 (2), (3), (4) (d) to (h), (L), or (m) or (5) or 346.62 (2) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture for the violation shall be doubled.

SB55-ASA1, s. 3456n Section 3456n. 349.067 of the statutes is created to read:

SB55-ASA1,1135,20 349.067 Traffic control signal emergency preemption devices. Notwithstanding s. 349.065, any traffic control signal installed by local authorities after the effective date of this section .... [revisor inserts date], that is equipped with an emergency preemption device, as defined in s. 84.02 (15) (a) 4., shall be installed with a confirmation signal, as defined in s. 84.02 (15) (a) 3.

SB55-ASA1, s. 3456p Section 3456p. 349.11 (2) (d) of the statutes is created to read:

SB55-ASA1,1135,22 349.11 (2) (d) Modify the limits stated in s. 346.57 (4) (L) or (m).

SB55-ASA1, s. 1767 Section 1767. 350.01 (3r) of the statutes is repealed.

SB55-ASA1, s. 1768 Section 1768. 350.01 (10t) of the statutes is created to read:

SB55-ASA1,1136,2 350.01 (10t) "Registration documentation" means a snowmobile registration certificate, a validated registration receipt, or a registration decal.

SB55-ASA1, s. 1769 Section 1769. 350.01 (22) of the statutes is created to read:

SB55-ASA1,1136,7 350.01 (22) "Validated registration receipt" means a receipt issued by the department or an agent under s. 350.12 (3h) (ag) 1. a. that shows that an application and the required fee for a registration certificate has been submitted to the department.

SB55-ASA1, s. 1770 Section 1770. 350.12 (3) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1137,2 350.12 (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 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 on the July 1 prior to the date of application if registration is made prior to April 1 and beginning on 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 $30, except that 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.

SB55-ASA1, s. 1771 Section 1771. 350.12 (3) (a) 3. of the statutes is amended to read:

SB55-ASA1,1137,7 350.12 (3) (a) 3. The purchaser shall complete the application for transfer and cause it to be mailed or delivered to the department or an agent appointed under sub. (3h) (a) 3. within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.

SB55-ASA1, s. 1772 Section 1772. 350.12 (3) (c) 2. of the statutes is amended to read:

SB55-ASA1,1137,13 350.12 (3) (c) 2. The fee for issuing or renewing a commercial snowmobile certificate is $60 $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial snowmobile certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $20 $30 per plate.

SB55-ASA1, s. 1773 Section 1773. 350.12 (3) (cm) of the statutes is created to read:

SB55-ASA1,1137,17 350.12 (3) (cm) Subsection (3h) does not not apply to commercial snowmobile certificates, reflectorized plates, or registration certificates issued for antique snowmobiles under par. (b).

SB55-ASA1, s. 1774 Section 1774. 350.12 (3) (d) of the statutes is amended to read:

SB55-ASA1,1138,5 350.12 (3) (d) Upon receipt of the required fee, a sales tax report, payment of sales and use taxes due under s. 77.61 (1), and an application on forms prescribed by it, the department or an agent appointed under sub. (3h) (a) 3. shall issue to the applicant a an original registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary or a validated registration receipt. The department or an agent appointed under sub. (3h) (a) 3. shall issue 2 registration decals per snowmobile owned by an individual owner, this state, or a political subdivision of this state. The decals shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under par. (a), or as an antique under par. (b), and shall show the expiration date of the registration.

SB55-ASA1, s. 1775 Section 1775. 350.12 (3) (e) of the statutes is amended to read:

SB55-ASA1,1138,13 350.12 (3) (e) If a commercial snowmobile certificate, registration certificate, registration decal, commercial snowmobile certificate, or reflectorized plate is lost or destroyed, the holder of the certificate, decal, or plate may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department or an agent appointed under sub. (3h) (a) 3. shall issue a duplicate certificate, decal , or plate to the applicant.

SB55-ASA1, s. 1776 Section 1776. 350.12 (3h) (title) of the statutes is amended to read:

SB55-ASA1,1138,15 350.12 (3h) (title) Registration; renewals; agents procedures.

SB55-ASA1, s. 1777 Section 1777. 350.12 (3h) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1138,20 350.12 (3h) (a) Issuance; appointment of agents Issuers. (intro.) For the issuance of snowmobile certificates original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:

SB55-ASA1, s. 1778 Section 1778. 350.12 (3h) (a) 1. of the statutes is amended to read:

SB55-ASA1,1138,24 350.12 (3h) (a) 1. Directly issue the certificates, transfer, or renew the registration documentation with or without using the expedited services specified in par. (ag) 1.

SB55-ASA1, s. 1779 Section 1779. 350.12 (3h) (a) 2. of the statutes is repealed.

SB55-ASA1, s. 1780 Section 1780. 350.12 (3h) (a) 3. of the statutes is amended to read:

SB55-ASA1,1139,5 350.12 (3h) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue the certificates as agents of the department, transfer, or renew the registration documentation using either or both of the expedited services specified in par. (ag) 1.

SB55-ASA1, s. 1781 Section 1781. 350.12 (3h) (ag) of the statutes is created to read:

SB55-ASA1,1139,11 350.12 (3h) (ag) Registration; methods of issuance. 1. For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (a) 3.:

SB55-ASA1,1139,15 a. A noncomputerized procedure under which the department or agent may accept applications for registration certificates and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.

SB55-ASA1,1139,19 b. A computerized procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.

SB55-ASA1,1139,25 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the snowmobile for which the application is submitted to be operated in compliance with the registration requirements under this section.

SB55-ASA1, s. 1782 Section 1782. 350.12 (3h) (ar) of the statutes is created to read:

SB55-ASA1,1140,5 350.12 (3h) (ar) Fees. 1. In addition to the applicable fee under sub. (3) (a), each agent appointed under par. (a) 3. shall collect an expedited service fee of $3 each time the agent issues a validated registration receipt under par. (ag) 1. a. The agent shall retain the entire amount of each expedited service fee the agent collects.

SB55-ASA1,1140,9 2. In addition to the applicable fee under sub. (3) (a), the department or the agent appointed under par. (a) 3. shall collect an expedited service fee of $3 each time the expedited service under par. (ag) 1. b. is provided. The agent shall remit to the department $1 of each expedited service fee the agent collects.

SB55-ASA1, s. 1783 Section 1783. 350.12 (3h) (b) of the statutes is repealed.

SB55-ASA1, s. 1784 Section 1784. 350.12 (3h) (c) of the statutes is repealed.

SB55-ASA1, s. 1785 Section 1785. 350.12 (3h) (d) of the statutes is repealed.