Amendment AA1-AB137

LRBa0498/1

ARG:wlj:md

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2009 ASSEMBLY BILL 137

June 1, 2009 - Offered by Representative Molepske Jr..

AB137-AA1,1,1 At the locations indicated, amend the bill as follows:

AB137-AA1,1,2 1. Page 3, line 14: after that line insert:

AB137-AA1,1,3 " Section 2m. 343.10 (6) of the statutes is amended to read:

AB137-AA1,1,6 343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays to the department the fees fee specified in s. 343.21 (1) (k) and (n).

AB137-AA1, s. 3m Section 3m. 343.21 (1) (n) of the statutes is repealed.

AB137-AA1, s. 4m Section 4m. 343.22 (2m) of the statutes is amended to read:

AB137-AA1,2,2 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

AB137-AA1, s. 5m Section 5m. 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB137-AA1,2,11 343.22 (2m) Whenever any person, after applying for or receiving a license under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fees shall be charged under s. 343.21 (1) (L) or 343.50 (7) for the duplicate license or identification card.

AB137-AA1, s. 6m Section 6m. 343.305 (8) (b) 5. (intro.) of the statutes is amended to read:

AB137-AA1,2,16 343.305 (8) (b) 5. (intro.) If the hearing examiner finds that any of the following applies, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of any fee under s. 343.21 (1) (j) or (n):

AB137-AA1, s. 7m Section 7m. 343.305 (8) (c) 5. of the statutes is amended to read:

AB137-AA1,2,20 343.305 (8) (c) 5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay any fee under s. 343.21 (1) (j) or (n).

AB137-AA1, s. 8m Section 8m. 343.315 (3) (b) of the statutes is amended to read:

AB137-AA1,3,6 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application by the person and payment of the fees fee specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

AB137-AA1, s. 9m Section 9m. 343.38 (2) of the statutes is amended to read:

AB137-AA1,3,13 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fees fee specified in s. 343.21 (1) (j) and (n).

AB137-AA1, s. 10m Section 10m. 343.39 (1) (a) of the statutes is amended to read:

AB137-AA1,3,19 343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the fees fee specified in s. 343.21 (1) (j) and (n) have has been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

AB137-AA1, s. 11m Section 11m. 343.50 (5m) of the statutes is repealed.

AB137-AA1, s. 12m Section 12m. 344.18 (1) (intro.) of the statutes is amended to read:

AB137-AA1,4,4 344.18 (1) (intro.) Any registration suspended or revoked under s. 344.14 shall remain suspended or revoked and shall not be renewed or reinstated until the person pays the fee required under s. 341.36 (1m), meets one of the requirements under pars. (a) to (d) and satisfies the requirements of sub. (1m). Any operating privilege suspended or revoked under s. 344.14 shall remain suspended or revoked and shall not be reinstated until the person pays the fees fee required under s. 343.21 (1) (j) and (n), complies with the applicable provisions of s. 343.38 and meets any of the following requirements:

AB137-AA1, s. 13m Section 13m. 344.18 (3) (intro.) of the statutes is amended to read:

AB137-AA1,4,16 344.18 (3) (intro.) If a person defaults in the payment of any installment under a duly acknowledged written agreement, the secretary, upon notice of such default given in no event later than 30 days after the time for final installment, shall immediately suspend the registrations and operating privilege of the defaulting person. A suspension or revocation of registration under this subsection shall remain in effect until the person pays the fee required under s. 341.36 (1m), meets the requirement under par. (a) or (b) and satisfies the requirements of sub. (3m). A suspension or revocation of an operating privilege under this subsection shall remain in effect until the person pays the fees fee required in s. 343.21 (1) (j) and (n), complies with the applicable provisions of s. 343.38 and meets any of the following requirements:

AB137-AA1, s. 14m Section 14m. 344.19 (3) of the statutes is amended to read:

AB137-AA1,5,13 344.19 (3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to suspend a nonresident's operating privilege or registration had the accident occurred in this state, the secretary shall suspend the operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension order, but shall not suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fees fee required under s. 343.21 (1) (j) and (n) and complies with the applicable provisions of s. 343.38. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) and satisfies the requirements of sub. (3m).

AB137-AA1, s. 15m Section 15m. 345.47 (1) (c) of the statutes is amended to read:

AB137-AA1,5,25 345.47 (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, plus costs, fees, and surcharges imposed under ch. 814. 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, plus costs, fees, and surcharges imposed under ch. 814, 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 fees fee under s. 343.21 (1) (j) and (n), the department shall return the surrendered license.

AB137-AA1, s. 16m Section 16m. Effective dates. This act takes effect on the day after publication, except as follows:

AB137-AA1,6,5 (1) The repeal and recreation of section 343.22 (2m) of the statutes takes effect on the day after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.".

AB137-AA1,6,6 (End)