AB100: Bill Text Engrossed

AB100-engrossed, s. 4093mu Section 4093mu. 343.305 (10) (b) 2. of the statutes is amended to read:

AB100-engrossed,1921,3 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year and the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB100-engrossed, s. 4093mw Section 4093mw. 343.305 (10) (b) 3. of the statutes is amended to read:

AB100-engrossed,1921,13 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for 2 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 90 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4093mx Section 4093mx. 343.305 (10) (b) 4. of the statutes is amended to read:

AB100-engrossed,1921,23 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 120 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4095m Section 4095m. 343.31 (3) (h) of the statutes is amended to read:

AB100-engrossed,1922,2 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her operating privilege revoked for 6 months.

AB100-engrossed, s. 4099 Section 4099. 343.38 (2) (intro.) and (a) of the statutes are consolidated, renumbered 343.38 (2) and amended to read:

AB100-engrossed,1922,9 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident: (a) Obtains obtains a valid operator's license in issued by the jurisdiction of the nonresident's residence; and.

AB100-engrossed, s. 4100 Section 4100. 343.38 (2) (b) of the statutes is repealed.

AB100-engrossed, s. 4100c Section 4100c. 343.38 (5) of the statutes is amended to read:

AB100-engrossed,1922,18 343.38 (5) Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB100-engrossed, s. 4100f Section 4100f. 343.39 (3) of the statutes is amended to read:

AB100-engrossed,1923,2 343.39 (3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB100-engrossed, s. 4101 Section 4101. 343.50 (3) of the statutes is amended to read:

AB100-engrossed,1923,12 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, comply with the requirement of shall be of the design specified under s. 343.17 (3) (a) 12.

AB100-engrossed, s. 4103 Section 4103. 343.50 (5) of the statutes is amended to read:

AB100-engrossed,1923,17 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $4 $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

AB100-engrossed, s. 4104 Section 4104. 343.50 (6) of the statutes is amended to read:

AB100-engrossed,1923,25 343.50 (6) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $4 $9, which card shall be valid for 4 years.

AB100-engrossed, s. 4106 Section 4106. 343.50 (7) of the statutes is amended to read:

AB100-engrossed,1924,2 343.50 (7) Duplicate. The fee for a duplicate card is $3 $6.

AB100-engrossed, s. 4108m Section 4108m. 343.51 (1) of the statutes is amended to read:

AB100-engrossed,1924,24 343.51 (1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or (1r) (a) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

AB100-engrossed, s. 4109 Section 4109. 343.60 (1) of the statutes is amended to read:

AB100-engrossed,1925,7 343.60 (1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of education public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.

AB100-engrossed, s. 4113 Section 4113. 343.61 (3) of the statutes is amended to read:

AB100-engrossed,1925,11 343.61 (3) The required fee for any driver school license, or for any annual renewal thereof, is $25 $75 or, for licenses issued or renewed after August 31, 1998, $95.

AB100-engrossed, s. 4116 Section 4116. 343.62 (3) of the statutes is amended to read:

AB100-engrossed,1925,14 343.62 (3) The required fee for any instructor's license, or for any annual renewal thereof, is $5 $25.

AB100-engrossed, s. 4126m Section 4126m. 344.01 (2) (cm) of the statutes is created to read:

AB100-engrossed,1925,18 344.01 (2) (cm) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB100-engrossed, s. 4127m Section 4127m. 344.02 (1) of the statutes is amended to read:

AB100-engrossed,1926,6 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

AB100-engrossed, s. 4128m Section 4128m. 344.14 (2m) of the statutes is created to read:

AB100-engrossed,1926,10 344.14 (2m) A motor vehicle may not be impounded under sub. (1m) if the vehicle is registered, or is required to be registered, in the name of the lessee of the vehicle.

AB100-engrossed, s. 4129 Section 4129. 344.42 of the statutes is created to read:

AB100-engrossed,1926,18 344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.

AB100-engrossed, s. 4138 Section 4138. 345.26 (1) (b) 1. of the statutes is amended to read:

AB100-engrossed,1927,2 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB100-engrossed, s. 4139 Section 4139. 345.26 (2) (b) of the statutes is amended to read:

AB100-engrossed,1927,7 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment and, any applicable jail assessment and any applicable crime laboratories and drug law enforcement assessment.

AB100-engrossed, s. 4140 Section 4140. 345.36 (2) (b) of the statutes is amended to read:

AB100-engrossed,1927,20 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

AB100-engrossed, s. 4141 Section 4141. 345.37 (1) (b) of the statutes is amended to read:

AB100-engrossed,1928,10 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

AB100-engrossed, s. 4142 Section 4142. 345.37 (2) of the statutes is amended to read:

AB100-engrossed,1929,2 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

AB100-engrossed, s. 4143 Section 4143. 345.37 (5) of the statutes is amended to read:

AB100-engrossed,1929,9 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

AB100-engrossed, s. 4144 Section 4144. 345.375 (2) of the statutes is amended to read:

AB100-engrossed,1929,15 345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, shall be entered.

AB100-engrossed, s. 4145 Section 4145. 345.47 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1929,23 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

AB100-engrossed, s. 4146 Section 4146. 345.47 (1) (b) of the statutes is amended to read:

AB100-engrossed,1930,8 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.

AB100-engrossed, s. 4147 Section 4147. 345.47 (1) (c) of the statutes is amended to read:

AB100-engrossed,1930,22 345.47 (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, a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. 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, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment 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 reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB100-engrossed, s. 4148 Section 4148. 345.47 (2) of the statutes is amended to read:

AB100-engrossed,1931,3 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments , crime laboratories and drug law enforcement assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

AB100-engrossed, s. 4149 Section 4149. 345.47 (3) of the statutes is amended to read:

AB100-engrossed,1931,9 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, or a jail assessment or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

AB100-engrossed, s. 4150 Section 4150. 345.49 (1) of the statutes is amended to read:

AB100-engrossed,1931,18 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, or a jail assessment, if required by s. 302.46 (1), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

AB100-engrossed, s. 4151 Section 4151. 345.49 (2) of the statutes is amended to read:

AB100-engrossed,1932,6 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment or, jail assessment or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

AB100-engrossed, s. 4152 Section 4152. 345.61 (2) (c) of the statutes is amended to read:

AB100-engrossed,1932,20 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87 and , the jail assessment required by s. 302.46 (1) and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB100-engrossed, s. 4153m Section 4153m. 346.01 of the statutes is renumbered 346.01 (1).

AB100-engrossed, s. 4154m Section 4154m. 346.01 (2) of the statutes is created to read:

AB100-engrossed,1933,2 346.01 (2) In this chapter, notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3) and 346.945.

AB100-engrossed, s. 4159m Section 4159m. 346.175 (1) (a) of the statutes is amended to read:

AB100-engrossed,1933,6 346.175 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

AB100-engrossed, s. 4160m Section 4160m. 346.195 (1) of the statutes is amended to read:

AB100-engrossed,1933,10 346.195 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.19 (1) for failing to yield the right-of-way to an authorized emergency vehicle shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4161m Section 4161m. 346.205 (1) of the statutes is amended to read:

AB100-engrossed,1933,14 346.205 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.20 (1) for failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4162m Section 4162m. 346.457 (1) of the statutes is amended to read:

AB100-engrossed,1933,18 346.457 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.455 (1) or (2) shall be liable for the violation as provided in this subsection.

AB100-engrossed, s. 4163m Section 4163m. 346.465 (1) of the statutes is amended to read:

AB100-engrossed,1933,21 346.465 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.46 (2m) shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4164m Section 4164m. 346.485 (1) of the statutes is amended to read:

AB100-engrossed,1933,24 346.485 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.48 (1) shall be liable for the violation as provided in this section.

AB100-engrossed, s. 4165m Section 4165m. 346.505 (3) (a) of the statutes is amended to read:

AB100-engrossed,1934,2 346.505 (3) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of sub. (2) shall be liable for the violation as provided in this subsection.

AB100-engrossed, s. 4165md Section 4165md. 346.63 (2m) of the statutes is amended to read:

AB100-engrossed,1934,11 346.63 (2m) If a person has not attained the age of 19 legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

AB100-engrossed, s. 4167m Section 4167m. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1. (intro.) and amended to read: