Amendment AA2-AB92

LRBa0408/1

EVM:wlj:rs

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 92

April 29, 2015 - Offered by Representatives Horlacher, Jarchow and Sanfelippo.

AB92-AA2,1,1 At the locations indicated, amend the bill as follows:

AB92-AA2,1,2 1. Page 3, line 1: before that line insert:

AB92-AA2,1,3 " Section 1e. 165.755 (1) (b) of the statutes is amended to read:

AB92-AA2,1,8 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB92-AA2,1m Section 1m. 302.46 (1) (a) of the statutes is amended to read:

AB92-AA2,2,6 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.".

AB92-AA2,2,7 2. Page 5, line 10: after that line insert:

AB92-AA2,2,8 " Section 8e. 344.62 (1) of the statutes is amended to read:

AB92-AA2,2,15 344.62 (1) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated. A traffic officer shall cite a person under this subsection if the traffic officer does not know that the person is operating his or her motor vehicle in compliance with this subsection and the person does not have in his or her immediate possession proof of compliance with this subsection.

AB92-AA2,8m Section 8m. 344.62 (2) of the statutes is repealed.

AB92-AA2,8s Section 8s. 344.64 of the statutes is repealed.".

AB92-AA2,2,19 3. Page 5, line 14: delete " $1,000" and substitute "$500, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,2,21 4. Page 5, line 15: delete " $5,000" and substitute "$750, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,2,23 5. Page 5, line 15: delete " $2,500" and substitute "$1,000, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,3,2 6. Page 5, line 15: delete " $7,500" and substitute "$1,500, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,3,4 7. Page 5, line 19: delete the material beginning with "or" and ending with "person" on line 20.

AB92-AA2,3,6 8. Page 5, line 20: delete "$5,000" and substitute "$1,500, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,3,8 9. Page 5, line 21: delete "$7,500" and substitute "$2,500, plus costs, fees, and surcharges as provided in s. 345.47 (1)".

AB92-AA2,3,10 10. Page 6, line 3: delete "$7,500" and substitute "$2,500, plus costs, fees, and surcharges as provided in s. 345.47 (1),".

AB92-AA2,3,12 11. Page 6, line 3: delete "$10,000" and substitute "$7,500, plus costs, fees, and surcharges as provided in s. 345.47 (1)".

AB92-AA2,3,13 12. Page 6, line 6: delete lines 6 to 15 and substitute:

AB92-AA2,3,14 " Section 13b. 344.65 (1) (b) of the statutes is repealed.

AB92-AA2,13e Section 13e. 344.65 (1) (c) of the statutes is amended to read:

AB92-AA2,4,4 344.65 (1) (c) No person charged with violating s. 344.62 (2) (1) may be convicted if the person produces proof that he or she was in compliance with s. 344.62 (1) at the time the person was issued a uniform traffic citation for violating s. 344.62 (2) the violation. This proof may be produced either at the time of the person's appearance in court in response to the citation or, if provided within 10 days of the citation, in the office of the traffic officer issuing the citation. This proof may be produced in either paper or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If this proof is displayed in electronic format on any cellular telephone or other electronic device, the person to whom the proof is displayed may not view, and producing proof in electronic format is not considered consent for the person to view, any content on the telephone or other device except the proof required under s. 344.62 (2) to demonstrate compliance with s. 344.62 (1).

AB92-AA2,13h Section 13h. 344.65 (2) of the statutes is repealed.

AB92-AA2,13L Section 13L. 757.05 (1) (a) of the statutes is amended to read:

AB92-AA2,4,16 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB92-AA2,13p Section 13p. 814.63 (1) (c) of the statutes is amended to read:

AB92-AA2,4,21 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48 (2m).

AB92-AA2,13q Section 13q. 814.63 (2) of the statutes is amended to read:

AB92-AA2,5,4 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2) or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB92-AA2,13r Section 13r. 814.65 (1) of the statutes is amended to read:

AB92-AA2,5,14 814.65 (1) Court costs. In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB92-AA2,13u Section 13u. 814.85 (1) (a) of the statutes is amended to read:

AB92-AA2,5,21 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB92-AA2,13y Section 13y. 814.86 (1) of the statutes is amended to read:

AB92-AA2,6,4 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).".

AB92-AA2,6,5 13. Page 7, line 13: delete "and (b)" and substitute ", (b), and (c)".

AB92-AA2,6,6 (End)