LRBa1318/2
ARG:jld:pg
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 2005 ASSEMBLY BILL 715
November 17, 2005 - Offered by
Committee on Transportation.
AB715-AA2,1,3
3"
Section 1d. 165.755 (1) (b) of the statutes is amended to read:
AB715-AA2,1,114
165.755
(1) (b) A court may not impose the crime laboratories and drug law
5enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
6(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
7346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
8alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
9or for a violation of a state law or municipal or county ordinance involving a
10nonmoving traffic violation
, a violation under s. 343.51 (1m) (b), or a safety belt use
11violation under s. 347.48 (2m).
AB715-AA2, s. 1f
12Section 1f. 302.46 (1) (a) of the statutes is amended to read:
AB715-AA2,2,13
1302.46
(1) (a)
On or after October 1,
1987, if If a court imposes a fine or
2forfeiture for a violation of state law or for a violation of a municipal or county
3ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv)
4or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
5350.101 (1) (b), if the person who committed the violation had a blood alcohol
6concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a
7violation of state laws or municipal or county ordinances involving nonmoving traffic
8violations
, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
9347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
10amount of
1% 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
11If multiple offenses are involved, the court shall determine the jail surcharge on the
12basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
13the court shall reduce the jail surcharge in proportion to the suspension.".
AB715-AA2,2,17
16"
Section 1p. 343.51 (1m) of the statutes is renumbered 343.51 (1m) (a) and
17amended to read:
AB715-AA2,2,2018
343.51
(1m) (a) The form for application for a special identification card under
19sub. (1) shall include the information required under s. 85.103 (2)
and shall advise
20the applicant of the requirement under par. (b).
AB715-AA2, s. 1r
21Section 1r. 343.51 (1m) (b) of the statutes is created to read:
AB715-AA2,3,522
343.51
(1m) (b) If the department issues to a person a special identification
23card under sub. (1), the person shall retain, for the period during which the special
24identification card is valid, any statement specified in sub. (1) submitted by the
1person to the department in support of the application. Any time that a special
2identification card issued under sub. (1) is displayed on a vehicle, the person issued
3the special identification card shall carry on the person or in the vehicle a copy of this
4statement and shall, upon request by any traffic officer, produce the statement for
5inspection.".
AB715-AA2,3,7
7"
Section 8m. 343.52 (1r) of the statutes is created to read:
AB715-AA2,3,128
343.52
(1r) Any person who violates s. 343.51 (1m) (b) may be required to forfeit
9not more than $10, except that a person charged with violating s. 343.51 (1m) (b) may
10not be convicted if he or she produces the statement in court or in the office of the
11officer issuing the citation, within 10 days after the date on which the citation is
12issued.".
AB715-AA2,4,416
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
17state law or for a violation of a municipal or county ordinance except for a violation
18of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
1923.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
20committed the violation had a blood alcohol concentration of 0.08 or more but less
21than 0.1 at the time of the violation, or for a violation of state laws or municipal or
22county ordinances involving nonmoving traffic violations
, violations under s. 343.51
23(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
24addition a penalty surcharge under ch. 814 in an amount of
25% 25 percent of the
1fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge
2shall be based upon the total fine or forfeiture for all offenses. When a fine or
3forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced
4in proportion to the suspension.
AB715-AA2, s. 9r
5Section 9r. 814.63 (1) (c) of the statutes is amended to read:
AB715-AA2,4,116
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
7101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33
8(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
9committed the violation had a blood alcohol concentration of 0.08 or more but less
10than 0.1 at the time of the violation, or for a violation
of under s. 343.51 (1m) (b) or 11a safety belt use violation under s. 347.48 (2m).
AB715-AA2,4,2113
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
14violation of a county, town, city, village, town sanitary district or public inland lake
15protection and rehabilitation district ordinance, except for an action for a first
16violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
17person who committed the violation had a blood alcohol concentration of 0.08 or more
18but less than 0.1 at the time of the violation, or for
a violation under s. 343.51 (1m)
19(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
20town sanitary district or public inland lake protection and rehabilitation district
21shall pay a nonrefundable fee of $5 to the clerk of circuit court.
AB715-AA2,5,823
814.65
(1) Court costs. In a municipal court action, except for an action for
24a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
25(b), if the person who committed the violation had a blood alcohol concentration of
10.08 or more but less than 0.1 at the time of the violation, or for a violation of an
2ordinance in conformity with s.
343.51 (1m) (b) or 347.48 (2m), the municipal judge
3shall collect a fee of not less than $15 nor more than $23 on each separate matter,
4whether it is on default of appearance, a plea of guilty or no contest, on issuance of
5a warrant or summons, or the action is tried as a contested matter. Of each fee
6received by the judge under this subsection, the municipal treasurer shall pay
7monthly $5 to the secretary of administration for deposit in the general fund and
8shall retain the balance for the use of the municipality.
AB715-AA2, s. 9x
9Section 9x. 814.85 (1) (a) of the statutes is amended to read:
AB715-AA2,5,1710
814.85
(1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
1130.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
12violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
13time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use
14violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
15court support services surcharge from any person, including any governmental unit
16as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
17814.63 (1).
AB715-AA2,6,320
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
21(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
22had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
23violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under
24s. 347.48 (2m), the clerk of circuit court shall charge and collect a $12 justice
25information system surcharge from any person, including any governmental unit, as
1defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
2(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
3addition to the surcharge listed in sub. (1m).".
AB715-AA2,6,9
8(1) This act takes effect on the first day of the 3rd month beginning after
9publication.".
