LRB-4011/1
TNF:jlg:jf
1997 - 1998 LEGISLATURE
March 10, 1998 - Introduced by Representatives Hahn, Sykora, Urban, Hanson
and Olsen, cosponsored by Senator Roessler. Referred to Joint committee on
Finance.
AB891,1,9 1An Act to renumber and amend 346.49 (2) (a) and 346.49 (2) (b); to amend
259.25 (3) (f) 2., 59.40 (2) (m), 195.28 (2), 195.28 (3), 345.26 (1) (b) 1., 345.26 (2)
3(b), 345.36 (2) (b), 345.37 (1) (b), 345.37 (2), 345.37 (5), 345.47 (1) (intro.), 345.47
4(1) (b), 345.47 (1) (c), 345.47 (2), 345.47 (3), 345.49 (1), 345.49 (2), 345.61 (2) (c),
5346.17 (2) and 346.49 (1) (a) and (b); and to create 20.395 (2) (gj), 25.40 (1) (ij),
6346.17 (2m), 346.177, 346.49 (1g), 346.49 (2m) (a) and 346.495 of the statutes;
7relating to: traffic regulations at railroad crossings, creating a railroad
8crossing improvement assessment, making an appropriation and providing
9penalties.
Analysis by the Legislative Reference Bureau
Under current law, traffic laws relating to railroad crossings prohibit an
operator of a vehicle from doing any of the following:
1. Driving the vehicle on or across a railroad crossing while being signaled to
stop by a traffic officer, railroad employe or warning device. After stopping for a
warning device, however, the operator may proceed if no train is approaching.
2. Driving the vehicle through, around or under any railroad crossing gate or
barrier if it is closed or is being opened or closed.

3. With limited traffic-related exceptions, crossing any railroad track without
stopping within 50 feet from the nearest track and taking certain precautions before
proceeding to ensure that a train is not approaching. This prohibition only applies
to certain vehicles, including school buses, motor buses and vehicles that are
transporting certain hazardous substance.
4. Overtaking and passing another vehicle proceeding in the same direction
within 100 feet of a railroad crossing unless the roadway has 2 or more lanes for
traffic proceeding in the same direction or a traffic officer permits or directs the
operator to pass at the crossing.
An operator who fails to comply with any of these provisions may be required
to forfeit not less than $30 nor more than $300, except that a bicyclist who violates
item 1 or 2 may be required to forfeit not more than $20.
Also under current law, an operator of a vehicle is required to stop not less than
10 feet nor more than 30 feet from the nearest railroad track upon approaching an
official stop sign at a railroad crossing. An operator (other than a bicyclist) who fails
to stop may be required to forfeit not less than $20 nor more than $40 for a first
conviction and, for a 2nd or subsequent conviction within one year, not less than $50
nor more than $100. A bicyclist who fails to stop may be required to forfeit not more
than $20.
This bill makes the imposition of a forfeiture for a violation of any of these
provisions mandatory (rather than permissive) and also doubles the minimum and
maximum forfeiture amounts for a violation of any of these traffic laws relating to
railroad crossings.
Current law imposes various surcharges or assessments to be levied against
persons who violate certain laws; these surcharges and assessments must be paid in
addition to any fine or forfeiture imposed and in addition to any other surcharge and
assessment imposed. For example, current law imposes a domestic abuse
assessment (imposed on a person who violates laws relating to domestic abuse), a
driver improvement surcharge (imposed on a person who violates certain laws
relating to driving while intoxicated), and a crime victim and witness assistance
surcharge (imposed on any person convicted of a crime).
The bill creates a railroad crossing improvement assessment that must be
imposed on any person found to have violated any of these traffic laws relating to
railroad crossings. The amount of the assessment is equal to 50% of the amount of
the forfeiture that is imposed upon conviction. The money collected from the
assessment must be used to fund railroad crossing protection improvements, such
as automatic signals or other warning devices, and their maintenance.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB891, s. 1 1Section 1. 20.395 (2) (gj) of the statutes is created to read:
AB891,3,4
120.395 (2) (gj) Railroad crossing protection installation and maintenance, state
2funds.
All moneys received from railroad crossing improvement assessments
3required under ss. 346.177 and 346.495, for the purpose of railroad crossing
4protection installation and maintenance under s. 195.28 (2) and (3).
AB891, s. 2 5Section 2. 25.40 (1) (ij) of the statutes is created to read:
AB891,3,86 25.40 (1) (ij) All moneys forwarded by county treasurers from railroad crossing
7improvement assessments required under ss. 346.177 and 346.495, as provided in
8s. 59.25 (3) (f) 2.
AB891, s. 3 9Section 3. 59.25 (3) (f) 2. of the statutes, as affected by 1997 Wisconsin Act 27,
10section 2160p, is amended to read:
AB891,4,1111 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be
12deposited in the state treasury, the amounts required by s. 165.87 for the penalty
13assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
14and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the
15weapons assessment, the amounts required by s. 973.045 for the crime victim and
16witness assistance surcharge, the amounts required by s. 938.34 (8d) for the
17delinquency victim and witness assistance surcharge, the amounts required by s.
18973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
19s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
20authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse
21assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment
22under the supplemental food program for women, infants and children, the amounts
23required by ss. 346.177 and 346.495 for the railroad crossing improvement
24assessment,
the amounts required by s. 346.655 (2) (a) and (b) for the driver
25improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured

1employer assessment, the amounts required by s. 299.93 for the environmental
2assessment, the amounts required by s. 29.9965 for the wild animal protection
3assessment, the amounts required by s. 29.997 for the natural resources assessment
4surcharge, the amounts required by s. 29.9967 for the fishing shelter removal
5assessment, the amounts required by s. 350.115 for the snowmobile registration
6restitution payment and the amounts required by s. 29.998 for natural resources
7restitution payments, transmit to the state treasurer a statement of all moneys
8required by law to be paid on the actions entered during the preceding month on or
9before the first day of the next succeeding month, certified by the county treasurer's
10personal signature affixed or attached thereto, and at the same time pay to the state
11treasurer the amount thereof.
AB891, s. 4 12Section 4. 59.40 (2) (m) of the statutes, as affected by 1997 Wisconsin Act 27,
13section 2163p, is amended to read:
AB891,5,1414 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's
15percentage of the fees required to be paid on each civil action, criminal action and
16special proceeding filed during the preceding month and pay monthly to the
17treasurer for the use of the state the percentage of court imposed fines and forfeitures
18required by law to be deposited in the state treasury, the amounts required by s.
19165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s.
20165.755 for the crime laboratories and drug law enforcement assessment, the
21amounts required by s. 167.31 (5) for the weapons assessment, the amounts required
22by s. 973.045 for the crime victim and witness assistance surcharge, the amounts
23required by s. 938.34 (8d) for the delinquency victim and witness assistance
24surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis
25surcharge, the amounts required by s. 961.41 (5) for the drug abuse program

1improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required
2by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by
3s. 253.06 (4) (c) for the enforcement assessment under the supplemental food
4program for women, infants and children, the amounts required by ss. 346.177 and
5346.495 for the railroad crossing improvement assessment,
the amounts required by
6s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85
7(4) for the uninsured employer assessment, the amounts required by s. 299.93 for the
8environmental assessment, the amounts required under s. 29.9965 for the wild
9animal protection assessment, the amounts required under s. 29.997 (1) (d) for the
10natural resources assessment surcharge, the amounts required by s. 29.9967 for the
11fishing shelter removal assessment, the amounts required by s. 350.115 for the
12snowmobile registration restitution payment and the amounts required under s.
1329.998 (1) (d) for the natural resources restitution payments. The payments shall
14be made by the 15th day of the month following receipt thereof.
AB891, s. 5 15Section 5. 195.28 (2) of the statutes is amended to read:
AB891,5,1916 195.28 (2) Installation costs. The cost of any signal or other crossing
17protection device which is ordered installed under sub. (1) and the cost of installing
18any such device shall be paid by the department from the appropriations under s.
1920.395 (2) (gj), (gr) and (gx).
AB891, s. 6 20Section 6. 195.28 (3) of the statutes is amended to read:
AB891,6,721 195.28 (3) Maintenance costs. Except as otherwise provided in this
22subsection, the cost of maintaining crossing protection devices ordered under sub. (1)
23shall be the responsibility of the railroad or railroad historical society. Any railroad
24company or railroad historical society that incurs expenses for maintenance of
25signals or other safety devices may file a claim for reimbursement with the

1department regardless of the date of installation of the signals or devices. At the
2close of each fiscal year the department shall reimburse claimants under this
3subsection for 50% of the costs, as determined by the office, incurred for maintenance
4of railroad crossing protection devices from the appropriation appropriations under
5s. 20.395 (2) (gj) and (gq). If the amount in the appropriation appropriations under
6s. 20.395 (2) (gj) and (gq) is not adequate to fund maintenance reimbursement under
7this subsection, the amount shall be prorated in the manner determined by the office.
AB891, s. 7 8Section 7. 345.26 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act
927
, is amended to read:
AB891,6,1810 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic
11regulation, the person need not appear in court at the time fixed in the citation, and
12the person will be deemed to have tendered a plea of no contest and submitted to a
13forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if
14required by s. 302.46 (1), a railroad crossing improvement assessment, if required
15by s. 346.177 or 346.495,
and a crime laboratories and drug law enforcement
16assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814,
17not to exceed the amount of the deposit that the court may accept as provided in s.
18345.37; and
AB891, s. 8 19Section 8. 345.26 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
20is amended to read:
AB891,6,2521 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include
22court costs, including any applicable fees prescribed in ch. 814, any applicable
23penalty assessment, any applicable jail assessment, any applicable railroad crossing
24improvement assessment
and any applicable crime laboratories and drug law
25enforcement assessment.
AB891, s. 9
1Section 9. 345.36 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
AB891,7,153 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment
4accordingly. If the defendant has posted bond for appearance at that date, the court
5may also order the bond forfeited. The court shall promptly mail a copy of the
6judgment to the defendant. The judgment shall allow not less than 20 days from the
7date thereof for payment of any forfeiture, penalty assessment, jail assessment,
8railroad crossing improvement assessment, crime laboratories and drug law
9enforcement assessment and costs imposed. If the defendant moves to open the
10judgment within 20 days after the date set for trial, and shows to the satisfaction of
11the court that the failure to appear was due to mistake, inadvertence, surprise or
12excusable neglect, the court shall open the judgment, reinstate the not guilty plea
13and set a new trial date. The court may impose costs under s. 814.07. The court shall
14immediately notify the department to delete the record of conviction based upon the
15original judgment.
AB891, s. 10 16Section 10. 345.37 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
17is amended to read:
AB891,8,718 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment
19accordingly. If the defendant has posted bond for appearance at that date, the court
20may also order the bond forfeited. The court shall promptly mail a copy or notice of
21the judgment to the defendant. The judgment shall allow not less than 20 days from
22the date thereof for payment of any forfeiture, penalty assessment, railroad crossing
23improvement assessment,
crime laboratories and drug law enforcement assessment
24and costs imposed. If the defendant moves to open the judgment within 6 months
25after the court appearance date fixed in the citation, and shows to the satisfaction

1of the court that the failure to appear was due to mistake, inadvertence, surprise or
2excusable neglect, the court shall open the judgment, accept a not guilty plea and set
3a trial date. The court may impose costs under s. 814.07. The court shall
4immediately notify the department to delete the record of conviction based upon the
5original judgment. If the offense involved is a nonmoving traffic violation and the
6defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and
7opened as provided in s. 345.28 (5) (c).
AB891, s. 11 8Section 11. 345.37 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
9is amended to read:
AB891,9,210 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may
11serve as the initial pleading and the defendant shall be deemed to have tendered a
12plea of no contest and submitted to a forfeiture and a penalty assessment, if required
13by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing
14improvement assessment, if required by s. 346.177 or 346.495,
and a crime
15laboratories and drug law enforcement assessment, if required by s. 165.755, plus
16costs, including any applicable fees prescribed in ch. 814, not exceeding the amount
17of the deposit. The court may either accept the plea of no contest and enter judgment
18accordingly, or reject the plea and issue a summons under ch. 968. If the defendant
19fails to appear in response to the summons, the court shall issue a warrant under ch.
20968. If the court accepts the plea of no contest, the defendant may move within 6
21months after the date set for the appearance to withdraw the plea of no contest, open
22the judgment and enter a plea of not guilty upon a showing to the satisfaction of the
23court that the failure to appear was due to mistake, inadvertence, surprise or
24excusable neglect. If on reopening the defendant is found not guilty, the court shall

1immediately notify the department to delete the record of conviction based on the
2original proceeding and shall order the defendant's deposit returned.
AB891, s. 12 3Section 12. 345.37 (5) of the statutes, as affected by 1997 Wisconsin Act 27,
4is amended to read:
AB891,9,115 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default
6judgment, the official receiving the forfeiture, the penalty assessment, if required by
7s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing
8improvement assessment, if required by s. 346.177 or 346.495,
and the crime
9laboratories and drug law enforcement assessment, if required by s. 165.755, shall
10forward to the department a certification of the entry of default judgment or a
11judgment of forfeiture.
AB891, s. 13 12Section 13. 345.47 (1) (intro.) of the statutes, as affected by 1997 Wisconsin
13Act 27
, is amended to read:
AB891,9,2114 345.47 (1) (intro.) If the defendant is found guilty, the court may enter
15judgment against the defendant for a monetary amount not to exceed the maximum
16forfeiture, penalty assessment, if required by s. 165.87, the jail assessment, if
17required by s. 302.46 (1), the railroad crossing improvement assessment, if required
18by s. 346.177 or 346.495,
and the crime laboratories and drug law enforcement
19assessment, if required by s. 165.755, provided for the violation and for costs under
20s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
21s. 343.30. If the judgment is not paid, the court shall order:
AB891, s. 14 22Section 14. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
23is amended to read:
AB891,9,2524 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension
25or revocation, that the defendant's operating privilege be suspended for 30 days or

1until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
2the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement
3assessment, if required by s. 346.177 or 346.495,
and the crime laboratories and drug
4law enforcement assessment, if required by s. 165.755, but not to exceed 5 years.
5Suspension under this paragraph shall not affect the power of the court to suspend
6or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
7operating privilege.
AB891, s. 15 8Section 15. 345.47 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27,
9is amended to read:
AB891,10,2410 345.47 (1) (c) If a court or judge suspends an operating privilege under this
11section, the court or judge shall immediately take possession of the suspended license
12and shall forward it to the department together with the notice of suspension, which
13shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
14assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1),
15a railroad crossing improvement assessment, if required by s. 346.177 or 346.495,
16and a crime laboratories and drug law enforcement assessment, if required by s.
17165.755, imposed by the court. The notice of suspension and the suspended license,
18if it is available, shall be forwarded to the department within 48 hours after the order
19of suspension. If the forfeiture, penalty assessment, jail assessment , railroad
20crossing improvement assessment
and crime laboratories and drug law enforcement
21assessment are paid during a period of suspension, the court or judge shall
22immediately notify the department. Upon receipt of the notice and payment of the
23reinstatement fee under s. 343.21 (1) (j), the department shall return the
24surrendered license.
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