SB45,1214,1311
301.45
(5) (a) 2. If the person has been sentenced to prison or placed in a secured
12correctional facility
or, a secured child caring institution
or a secured group home,
1315 years after discharge from parole or aftercare supervision.
SB45, s. 2718
14Section
2718. 302.01 of the statutes is amended to read:
SB45,1215,11
15302.01 State prisons named and defined. The penitentiary at Waupun is
16named "Waupun Correctional Institution". The correctional treatment center at
17Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
18is named "Green Bay Correctional Institution". The medium/maximum penitentiary
19at Portage is named "Columbia Correctional Institution". The medium security
20institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
21security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
22The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
23The medium security penitentiary at Plymouth is named "Kettle Moraine
24Correctional Institution". The penitentiary at the village of Sturtevant in Racine
25county is named "Racine Correctional Institution".
The medium security
1penitentiary near Black River Falls is named "Jackson Correctional Institution". 2The
medium maximum security penitentiary at Racine is named "Racine Youthful
3Offender Correctional Facility". The resource facility at Oshkosh is named
4"Wisconsin Resource Center". The institutions named in this section, the
5correctional
institution institutions authorized under s. 301.16 (1n)
, (1s) and (1t),
6correctional institution authorized under
1997 Wisconsin Act 4, section
4 (1) (a),
7correctional institution authorized under s. 301.046 (1), correctional institution
8authorized under s. 301.048 (4) (b), minimum security correctional institutions
9authorized under s. 301.13,
the probation and parole holding and alcohol and other
10drug abuse treatment facility authorized under s. 301.16 (1q) and state-local shared
11correctional facilities when established under s. 301.14, are state prisons.
SB45, s. 2719
12Section
2719. 340.01 (3) (b) of the statutes is amended to read:
SB45,1215,1513
340.01
(3) (b) Conservation wardens' vehicles or foresters' trucks, whether
14publicly or privately owned
;. Conservation wardens' vehicles include all-terrain
15vehicles and snowmobiles being operated by conservation wardens.
SB45, s. 2720
16Section
2720. 340.01 (3) (bm) of the statutes is created to read:
SB45,1215,1917
340.01
(3) (bm) A snowmobile operated by an employe of the department of
18natural resources who is authorized to exercise the authority of the department of
19natural resources under s. 23.11 (4).
SB45, s. 2721
20Section
2721. 341.135 (1) of the statutes is amended to read:
SB45,1216,821
341.135
(1) Design. The Not later than July 1, 2000, and every 6th year
22thereafter, the department shall establish new designs of registration plates to be
23issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h)
24and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am).
The Any design
25for registration plates issued for automobiles and for vehicles registered on the basis
1of gross weight shall comply with the applicable design requirements of ss. 341.12
2(3), 341.13 and 341.14 (6r) (c). The designs for registration plates specified in this
3subsection shall be as similar in appearance as practicable
during each 6-year
4design interval. Each registration plate issued under s. 341.14 (1a), (1m), (1q), (2),
5(2m), (6m) or (6r), 341.25 (1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3)
6(a) 1. or (am) during each 6-year design interval shall be of the design established
7under this subsection. The department may not redesign registration plates for the
8special group under s. 341.14 (6r) (f) 53. until January 1, 2005.
SB45, s. 2722
9Section
2722. 341.135 (2) (a) of the statutes is renumbered 341.135 (2) (a) 1.
10and amended to read:
SB45,1216,1611
341.135
(2) (a) 1. Beginning with registrations
initially effective on
12July 1, 2000, upon receipt of a completed application to initially register a vehicle
13under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f)
52. 53.,
14or s. 341.25 (1) (a), (c), (h)
and or (j)
and or (2) (a), (b)
and or (c) or 341.26 (2)
and or 15(3) (a) 1.
and or (am), the department shall issue and deliver prepaid to the applicant
162 new registration plates of the design established under sub. (1).
SB45,1216,25
17(am) Notwithstanding ss. 341.13 (3) and (3m), beginning with registrations
18initially effective on July 1, 2000, upon receipt of a completed application to renew
19the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m)
20or (6r), except s. 341.14 (6r) (f)
52. 53., or s. 341.25 (1) (a), (c), (h)
and or (j)
and or (2)
21(a), (b)
and or (c) for which a registration plate of the design established under sub.
22(1) has not been issued, the department may issue and deliver prepaid to the
23applicant 2 new registration plates of the design established under sub. (1).
This
24subdivision does not apply to registration plates issued under s. 341.14 (6r) (f) 52.,
251997 stats. This subdivision does not apply after June 30, 2005.
SB45, s. 2723
1Section
2723. 341.135 (2) (a) 2. of the statutes is created to read:
SB45,1217,102
341.135
(2) (a) 2. Notwithstanding s. 341.13 (3), beginning with registrations
3initially effective on July 1, 2005, upon receipt of a completed application to initially
4register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), or s. 341.25
5(1) (a), (c), (h) or (j) or (2) (a), (b) or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew
6the registration of a vehicle under those sections for which a registration plate has
7not been issued during the previous 6 years, the department shall issue and deliver
8prepaid to the applicant 2 new registration plates of the design established for that
96-year period under sub. (1). This subdivision does not apply to registration plates
10issued under s. 341.14 (6r) (f) 52., 1997 stats.
SB45, s. 2724
11Section
2724. 341.135 (2) (e) of the statutes is amended to read:
SB45,1217,1812
341.135
(2) (e) The department shall issue new registration plates of the design
13established under sub. (1) for every vehicle registered under
ss. s. 341.14 (1a), (1m),
14(1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h)
and or (j)
and or (2) (a), (b)
and or 15(c)
and or 341.26 (2)
and or (3) (a) 1.
and or (am)
by July 1, 2003 within 5 years after
16the date specified in sub. (1), except that the department may not issue registration
17plates of a new design for a vehicle registered under s. 341.14 (6r) (f) 53. until
18January 1, 2005.
SB45, s. 2725
19Section
2725. 341.135 (3) of the statutes is repealed.
SB45, s. 2726
20Section
2726. 341.14 (6m) (a) of the statutes is amended to read:
SB45,1218,521
341.14
(6m) (a) Upon application to register an automobile, station wagon or
22motor truck which has a gross weight of not more than 8,000 pounds by any person
23who is a resident of this state and a member or retired member of the national guard,
24the department shall issue to the person special plates whose colors and design shall
25be determined by the department
, after consultation with the adjutant general, and
1which have the words "Wisconsin guard member" placed on the plates in the manner
2designated by the department.
The department shall consult with or obtain the
3approval of the adjutant general with respect to any word or symbol used to identify
4the national guard. An additional fee of $10 shall be charged for the issuance of the
5plates. Registration plates issued under this subsection shall expire annually.
SB45, s. 2727
6Section
2727. 341.14 (6r) (c) of the statutes is amended to read:
SB45,1218,197
341.14
(6r) (c) Special group plates shall display the word "Wisconsin", the
8name of the applicable authorized special group, a symbol representing the special
9group, not exceeding one position, and identifying letters or numbers or both, not
10exceeding 6 positions and not less than one position. The department shall specify
11the design for special group plates, but the department shall consult the president
12of the
university University of Wisconsin
system System before specifying the
design
13for word or symbol used to identify the special
group plates groups under par. (f) 35.
14to 47., the secretary of natural resources before specifying the
design for word or
15symbol used to identify the special
group plate
group under par. (f) 50. and the child
16abuse and neglect prevention board before specifying the design
for word or symbol
17used to identify the special group
plate under par. (f) 53. Special group plates under
18par. (f) 50. shall be as similar as possible to regular registration plates in color and
19design.
SB45, s. 2728
20Section
2728. 341.14 (6r) (e) of the statutes is amended to read:
SB45,1219,1921
341.14
(6r) (e) The department shall specify one combination of colors for
22special group plates for groups or organizations which are not military in nature and
23not special group plates under par. (f) 35. to 47. and 50. The department
, after
24consulting the president of the university of Wisconsin system, shall specify one
25combination of colors for special group plates under par. (f) 35. to 47. The department
1shall specify the word or words comprising the special group name and the symbol
2to be displayed upon special group plates for a group or organization which is not
3military in nature after consultation with the chief executive officer in this state of
4the group or organization
, except that the department may not specify the word or
5words or the symbol for special group plates under par. (f) 35. to 47. unless the word
6or words or symbol is approved in writing by the president of the university of
7Wisconsin system or, with respect to endangered resources, specify the word or words
8or the symbol for special group plates under par. (f) 50. unless the word or words or
9symbol is approved in writing by the secretary of natural resources or, with respect
10to child abuse and neglect prevention, specify any word or words other than
11"Children First" or the symbol for special group plates under par. (f) 53. unless the
12word or words or symbol is approved in writing by the child abuse and neglect
13prevention board. The president may not approve the word or words or symbol for
14a university specified under par. (f) 35. to 47. unless the chancellor of the university
15approves in writing the word or words or symbol. The department shall require that
16the word or words and symbol for a university specified under par. (f) 35. to 47. be
17a registration decal or tag and affixed to the special group plate and be of the colors
18for a university specified under par. (f) 35. to 47. that the president of the
university 19University of Wisconsin
system System specifies.
SB45, s. 2729
20Section
2729. 341.14 (6r) (f) 53. of the statutes is amended to read:
SB45,1219,2321
341.14
(6r) (f) 53. Persons interested in obtaining a plate with the words
22"Children First" "Celebrate Children" on it to show their support of the prevention
23of child abuse and neglect.
SB45, s. 2730
24Section
2730. 341.19 (1) (b) of the statutes is amended to read:
SB45,1220,2
1341.19
(1) (b)
Five Ten dollars per vehicle as a late payment for fees received
2after the time period established by the department.
SB45, s. 2731
3Section
2731. 341.25 (1) (gd) of the statutes is amended to read:
SB45,1220,94
341.25
(1) (gd) For each trailer or semitrailer
or camping trailer having a gross
5weight of 3,000 pounds or less and used for hire or rental, a fee which is one-half of
6the fee prescribed for a motor truck of the same maximum gross weight. The
7maximum gross weight shall be determined in the same manner as for a motor truck.
8A trailer under this paragraph which is part of a fleet of 100 or more trailers used
9for hire or rental may be registered under s. 341.308.
SB45, s. 2732
10Section
2732. 341.25 (1) (i) of the statutes is amended to read:
SB45,1220,1211
341.25
(1) (i) For each mobile home, and for each camping trailer
having a gross
12weight of more than 3,000 pounds, a fee of $15.
SB45, s. 2733
13Section
2733. 341.255 (4) of the statutes is repealed.
SB45, s. 2734
14Section
2734. 341.26 (2g) of the statutes is amended to read:
SB45,1220,2315
341.26
(2g) Rebasing registration plates. Notwithstanding s. 341.13 (3) and
16(3m),
beginning with registrations initially effective on July 1, 2000, upon receipt of
17a completed application to renew the registration of a vehicle registered under s.
18341.26 (2)
and or (3) (a) 1.
and or (am),
the registration for which expires after
19June 30, 2000, and before January 1, 2004, the department shall issue and deliver
20prepaid to the applicant 2 new registration plates of the design established
for that
216-year period under s. 341.135 (1)
. The department shall issue only one set of plates
22under this subsection for each vehicle registered under this section
, if the
23department has not already issued registration plates of that design for that vehicle.
SB45, s. 2735
24Section
2735. 343.12 (2m) of the statutes is created to read:
SB45,1221,5
1343.12
(2m) The department shall require each person who holds an
2endorsement to operate a school bus to provide proof to the department that, within
3the past 4 years, the person has passed an examination described under sub. (2) (h).
4If a person fails to provide proof required under this subsection, the department shall
5cancel the person's operator's license as provided under s. 343.20 (1) (d).
SB45, s. 2736
6Section
2736. 343.12 (4) (a) 2. of the statutes is repealed.
SB45, s. 2737
7Section
2737. 343.16 (1) (a) of the statutes is amended to read:
SB45,1222,98
343.16
(1) (a)
General. The Except as provided in pars. (b) and (c), the 9department shall examine every applicant for an operator's license, including
10applicants for license renewal as provided in sub. (3), and every applicant for
11authorization to operate a vehicle class or type for which the applicant does not hold
12currently valid authorization, other than an instruction permit. Except as provided
13in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing
14operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall
15include both a knowledge test and an actual demonstration in the form of a driving
16skills test of the applicant's ability to exercise ordinary and reasonable control in the
17operation of a representative vehicle. The department shall not administer a driving
18skills test to a person applying for authorization to operate "Class M" vehicles who
19has failed 2 previous such skills tests unless the person has successfully completed
20a rider course approved by the department. The department may, by rule, exempt
21certain persons from the rider course requirement of this paragraph. The driving
22skills of applicants for endorsements authorizing the operation of commercial motor
23vehicles equipped with air brakes, the transportation of passengers in commercial
24motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or
25(e), shall also be tested by an actual demonstration of driving skills. The department
1may endorse an applicant's commercial driver license for transporting hazardous
2materials, or the operation of tank vehicles or vehicles towing double or triple
3trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of
4a knowledge test. In administering the knowledge test, the department shall
5attempt to accommodate any special needs of the applicant. Except as may be
6required by the department for an "H" or "S" endorsement, the knowledge test is not
7intended to be a test for literacy or English language proficiency. This paragraph
8does not prohibit the department from requiring an applicant to correctly read and
9understand highway signs.
SB45, s. 2738
10Section
2738. 343.16 (1) (b) (intro.) of the statutes is amended to read:
SB45,1222,2111
343.16
(1) (b)
Third-party testing. (intro.) The department may contract with
12a person, including an agency or department of this state or its political subdivisions
13or another state, or a private employer of commercial motor vehicle drivers, to
14administer commercial motor vehicle skills tests required by
49 CFR 383.110 to
15383.135, examinations required to be administered under s. 343.12 (2) (h)
and, 16abbreviated driving skills tests required by sub. (3) (b)
and, to persons at least 18
17years of age, driving skills tests required by par. (a) for authorization to operate
18"Class D" vehicles. The department may not enter into such testing contracts with
19a private driver training school or other private institution
for vehicles other than
20"Class D" vehicles. A contract with a 3rd-party tester shall include all of the
21following provisions:
SB45, s. 2739
22Section
2739. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
SB45,1223,323
343.16
(1) (b) 3. (intro.) At least annually, the department shall conduct an
24on-site inspection of the 3rd-party tester to determine compliance with the contract
25and with department and federal standards for testing applicants for commercial
1driver licenses and with department standards for testing applicants for
regular
2licenses and school bus endorsements. At least annually, the department shall also
3evaluate testing given by the 3rd-party by one of the following means:
SB45, s. 2740
4Section
2740. 343.16 (1) (b) 4. of the statutes is amended to read:
SB45,1223,115
343.16
(1) (b) 4. Examiners of the 3rd-party tester shall meet the same
6qualifications and training standards as the department's license examiners to the
7extent established by the department as necessary to satisfactorily perform the
8driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, 9skills tests required by
49 CFR 383.110 to
383.135, examinations required to be
10administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by
11sub. (3) (b).
SB45, s. 2741
12Section
2741. 343.16 (1) (b) 5. of the statutes is amended to read:
SB45,1223,1813
343.16
(1) (b) 5. The department shall take prompt and appropriate remedial
14action against the 3rd-party tester in the event that the tester fails to comply with
15department or federal standards for commercial driver license testing, department
16standards for
regular license and school bus endorsement testing or any provision
17of the contract. Such action may include immediate termination of testing by the
183rd-party tester and recovery of damages.
SB45, s. 2742
19Section
2742. 343.16 (1) (c) (intro.) of the statutes is amended to read:
SB45,1224,920
343.16
(1) (c)
Driver education course. (intro.) The department may, after
21consultation with the department of public instruction and the technical college
22system board, provide for administration of and certification of the results of the test
23of an applicant's knowledge of the traffic laws and ability to read and understand
24highway signs
, and of the driving skills test of the applicant's ability to exercise
25ordinary and reasonable control in the operation of a "Class D" vehicle, in conjunction
1with a course in driver education specified in this paragraph, by an instructor in that
2course.
The test under this paragraph does not include that part of a driver's
3examination involving the actual demonstration of ability to exercise ordinary and
4reasonable control in the operation of a motor vehicle required for the issuance of a
5license other than an instruction permit. The No person may administer a driving
6skills test under this paragraph to an applicant, unless the applicant is under 18
7years of age, enrolled in a course described in subds. 1. to 4. and the driving skills test
8is administered as part of that course. Any test
authorized under this paragraph
9may be administered and certified by an instructor in any of the following:
SB45, s. 2743
10Section
2743. 343.16 (1) (c) 4. of the statutes is created to read:
SB45,1224,1211
343.16
(1) (c) 4. A course in driver education in driver schools licensed under
12s. 343.61.
SB45, s. 2744
13Section
2744. 343.17 (3) (a) 13. of the statutes is created to read:
SB45,1224,1714
343.17
(3) (a) 13. If the person is under 18 years of age at the time of issuance
15of the license, a distinctive appearance specified by the department that clearly
16identifies to the public that the person was under 18 years of age at the time of
17issuance of the license.
SB45, s. 2745
18Section
2745. 343.19 (1) of the statutes is amended to read:
SB45,1225,519
343.19
(1) If a license issued under this chapter or an identification card issued
20under s. 343.50 is lost or destroyed or the name or address named in the license or
21identification card is changed or the condition specified in s. 343.17 (3) (a) 12.
or 13. 22no longer applies, the person to whom the license or identification card was issued
23may obtain a duplicate thereof or substitute therefor upon furnishing proof
24satisfactory to the department of name and date of birth and that the license or
25identification card has been lost or destroyed or that application for a duplicate
1license or identification card is being made for a change of address or name or
2because the condition specified in s. 343.17 (3) (a) 12.
or 13. no longer applies. If the
3original license or identification card is found it shall immediately be transmitted to
4the department. Duplicates of nonphoto licenses shall be issued as nonphoto
5licenses.
SB45, s. 2746
6Section
2746. 343.20 (1) (d) of the statutes is amended to read:
SB45,1225,157
343.20
(1) (d)
The department shall cancel an operator's license that is
8endorsed for the operation of school buses under s. 343.12 (2), regardless of the
9license expiration date, if the licensee fails to provide proof to the department that
10he or she has passed an examination as required under s. 343.12 (2m). The
11department shall cancel an operator's license that is endorsed for the operation of
12school buses under s. 343.12 (3), regardless of the license expiration date, if the
13licensee fails to provide proof to the department of an annual physical examination
14determining that the person meets the physical standards established under s.
15343.12 (2) (g). The licensee may elect to surrender the license under s. 343.265 (1m).
SB45, s. 2747
16Section
2747. 343.21 (2) of the statutes is amended to read:
SB45,1226,317
343.21
(2) (a) In addition to the fees set under sub. (1), any applicant whose
18application for a permit, license, upgrade or endorsement, taken together with the
19applicant's currently valid license, if any, requires the department to administer a
20driving skills test of the applicant's ability to exercise ordinary and reasonable
21control in the operation of a motor vehicle shall pay to the department an
22examination fee of $20 for an examination in a commercial motor vehicle other than
23a school bus and
$10 $15 for an examination in any other vehicle. Payment of the
24examination fee entitles the applicant to not more than 3 tests of the applicant's
25ability to exercise reasonable control in the operation of a motor vehicle. If the
1applicant does not qualify for issuance of a license, upgraded license or endorsement
2in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which
3payment entitles the applicant to not more than 3 additional tests.
SB45,1226,114
(b) The operator shall pay to the department an examination fee of
$10 $15 for
5conducting the special examination requested under s. 121.555 (2) (cm), except that
6if the examination is in a commercial motor vehicle other than a school bus the fee
7is $20. Payment of the examination fee entitles the person to not more than 3 tests
8of the person's ability to safely operate the vehicle proposed to be used under s.
9121.555 (1) (a). If the applicant does not pass the examination for safe operation of
10the vehicle in 3 such tests, then a 2nd examination fee in the same amount shall be
11paid, which payment entitles the person to not more than 3 additional tests.
SB45, s. 2748
12Section
2748. 343.305 (9) (a) (intro.) of the statutes is amended to read:
SB45,1227,413
343.305
(9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the
14law enforcement officer shall immediately take possession of the person's license and
15prepare a notice of intent to revoke, by court order under sub. (10), the person's
16operating privilege. If the person was driving or operating a commercial motor
17vehicle, the officer shall issue an out-of-service order to the person for the 24 hours
18after the refusal and notify the department in the manner prescribed by the
19department. The officer shall issue a copy of the notice of intent to revoke the
20privilege to the person and submit or mail a copy with the person's license to the
21circuit court for the county in which the arrest under sub. (3) (a) was made. The
22officer shall also mail a copy of the notice of intent to revoke to the district attorney
23for that county and the department.
Neither party is entitled to prehearing
24discovery, except that at the refusal hearing, before a witness testifies, written or
25voice recorded statements of the witness, if any, shall be given to the defendant. For
1cause, the court may order the production of those statements before the hearing.
2This limit on discovery does not affect either party's right to discovery under s. 971.23
3related to any criminal prosecution. The notice of intent to revoke the person's
4operating privilege shall contain substantially all of the following information:
SB45, s. 2749
5Section
2749. 343.305 (9) (am) (intro.) of the statutes is amended to read:
SB45,1227,226
343.305
(9) (am) (intro.) If a person driving or operating or on duty time with
7respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law
8enforcement officer shall immediately take possession of the person's license, issue
9an out-of-service order to the person for the 24 hours after the refusal and notify the
10department in the manner prescribed by the department, and prepare a notice of
11intent to revoke, by court order under sub. (10), the person's operating privilege. The
12officer shall issue a copy of the notice of intent to revoke the privilege to the person
13and submit or mail a copy with the person's license to the circuit court for the county
14in which the refusal is made. The officer shall also mail a copy of the notice of intent
15to revoke to the district attorney for that county and the department.
Neither party
16is entitled to prehearing discovery, except that at the refusal hearing, before a
17witness testifies, written or voice recorded statements of the witness, if any, shall be
18given to the defendant. For cause, the court may order the production of those
19statements before the hearing. This limit on discovery does not affect either party's
20right to discovery under s. 971.23 related to any criminal prosecution. The notice of
21intent to revoke the person's operating privilege shall contain substantially all of the
22following information:
SB45,1228,3
1343.44 (2) (a) Any person who violates sub. (1) (a)
or a local ordinance in
2conformity therewith shall be required to forfeit not less than $50 nor more than
3$200.
SB45,1228,96
343.44
(2) (am) Any person who violates sub. (1) (b) before May 1,
1999 2002,
7may be required to forfeit not more than $600, except that, if the person has been
8convicted of a previous violation described in sub. (1) (b) within the preceding 5-year
9period, the penalty under par. (b) shall apply.
SB45, s. 2752
10Section
2752. 345.09 (2) of the statutes is amended to read:
SB45,1228,2411
345.09
(2) The secretary as attorney upon whom processes and notices may be
12served under this section shall, upon being served with such process or notice,
13forthwith mail by registered mail a copy thereof to such nonresident at the
14out-of-state nonresident address given in the papers so served. It is the duty of the
15party or the party's attorney to certify in the papers so served that the address given
16therein is the last-known out-of-state nonresident address of the party to be served.
17In all cases of service under this section there shall be served 2 authenticated copies
18for the secretary and such additional number of authenticated copies as there are
19defendants so served in the action. One of the secretary's copies shall be retained for
20the secretary's record of service and the other copy shall be returned with proper
21certificate of service attached for filing in court as proof of service of the copies by
22having mailed them by registered mail to the defendants named therein. The service
23fee shall be
$15 $25 for each defendant so served. The secretary shall keep a record
24of all such processes and notices, which record shall show the day and hour of service.
SB45, s. 2753
25Section
2753. 345.26 (1) (b) 1. of the statutes is amended to read:
SB45,1229,9
1345.26
(1) (b) 1. If the person makes a deposit for a violation of a traffic
2regulation, the person need not appear in court at the time fixed in the citation, and
3the person will be deemed to have tendered a plea of no contest and submitted to a
4forfeiture and a penalty assessment, if required by s.
165.87 757.05, a jail
5assessment, if required by s. 302.46 (1), a railroad crossing improvement
6assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories
7and drug law enforcement assessment, if required by s. 165.755, plus any applicable
8fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may
9accept as provided in s. 345.37; and
SB45, s. 2754
10Section
2754. 345.37 (2) of the statutes is amended to read:
SB45,1230,211
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
12serve as the initial pleading and the defendant shall be deemed to have tendered a
13plea of no contest and submitted to a forfeiture and a penalty assessment, if required
14by s.
165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing
15improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a
16crime laboratories and drug law enforcement assessment, if required by s. 165.755,
17plus costs, including any applicable fees prescribed in ch. 814, not exceeding the
18amount of the deposit. The court may either accept the plea of no contest and enter
19judgment accordingly, or reject the plea and issue a summons under ch. 968. If the
20defendant fails to appear in response to the summons, the court shall issue a warrant
21under ch. 968. If the court accepts the plea of no contest, the defendant may move
22within 6 months after the date set for the appearance to withdraw the plea of no
23contest, open the judgment and enter a plea of not guilty upon a showing to the
24satisfaction of the court that the failure to appear was due to mistake, inadvertence,
25surprise or excusable neglect. If on reopening the defendant is found not guilty, the
1court shall immediately notify the department to delete the record of conviction
2based on the original proceeding and shall order the defendant's deposit returned.
SB45, s. 2755
3Section
2755. 345.37 (5) of the statutes is amended to read:
SB45,1230,104
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
5judgment, the official receiving the forfeiture, the penalty assessment, if required by
6s.
165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing
7improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the
8crime laboratories and drug law enforcement assessment, if required by s. 165.755,
9shall forward to the department a certification of the entry of default judgment or a
10judgment of forfeiture.
SB45, s. 2756
11Section
2756. 345.375 (2) of the statutes is amended to read:
SB45,1230,1612
345.375
(2) Upon default of the defendant corporation or limited liability
13company or upon conviction, judgment for the amount of the forfeiture, the penalty
14assessment, if required under s.
165.87 757.05, the jail assessment, if required by s.
15302.46 (1), and the crime laboratories and drug law enforcement assessment, if
16required under s. 165.755, shall be entered.
SB45, s. 2757
17Section
2757. 345.47 (1) (intro.) of the statutes is amended to read:
SB45,1230,2518
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
19judgment against the defendant for a monetary amount not to exceed the maximum
20forfeiture, penalty assessment, if required by s.
165.87 757.05, the jail assessment,
21if required by s. 302.46 (1), the railroad crossing improvement assessment, if
22required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug
23law enforcement assessment, if required by s. 165.755, provided for the violation and
24for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating
25privilege under s. 343.30. If the judgment is not paid, the court shall order:
SB45, s. 2758
1Section
2758. 345.47 (1) (b) of the statutes is amended to read:
SB45,1231,102
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
3or revocation, that the defendant's operating privilege be suspended for 30 days or
4until the person pays the forfeiture, the penalty assessment, if required by s.
165.87 5757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing
6improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the
7crime laboratories and drug law enforcement assessment, if required by s. 165.755,
8but not to exceed 5 years. Suspension under this paragraph shall not affect the power
9of the court to suspend or revoke under s. 343.30 or the power of the secretary to
10suspend or revoke the operating privilege.
SB45, s. 2759
11Section
2759. 345.47 (1) (c) of the statutes is amended to read:
SB45,1232,212
345.47
(1) (c) If a court or judge suspends an operating privilege under this
13section, the court or judge shall immediately take possession of the suspended license
14and shall forward it to the department together with the notice of suspension, which
15shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
16assessment, if required by s.
165.87 757.05, a jail assessment, if required by s. 302.46
17(1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495
18or 346.65 (4r),
and a crime laboratories and drug law enforcement assessment, if
19required by s. 165.755,
and the fee required under s. 85.135, imposed by the court.
20The notice of suspension and the suspended license, if it is available, shall be
21forwarded to the department within 48 hours after the order of suspension. If the
22forfeiture, penalty assessment, jail assessment, railroad crossing improvement
23assessment and crime laboratories and drug law enforcement assessment are paid
24during a period of suspension, the court or judge shall immediately notify the
1department. Upon receipt of the notice and payment of the reinstatement fee under
2s. 343.21 (1) (j), the department shall return the surrendered license.
SB45, s. 2760
3Section
2760. 345.49 (1) of the statutes is amended to read:
SB45,1232,134
345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
5forfeiture, a penalty assessment, if required by s.
165.87 757.05, a jail assessment,
6if required by s. 302.46 (1), a railroad crossing improvement assessment, if required
7by s. 346.177, 346.495 or 346.65 (4r), or a crime laboratories and drug law
8enforcement assessment, if required by s. 165.755, may, on request, be allowed to
9work under s. 303.08. If the person does work, earnings shall be applied on the
10unpaid forfeiture, penalty assessment, jail assessment, railroad crossing
11improvement assessment or crime laboratories and drug law enforcement
12assessment after payment of personal board and expenses and support of personal
13dependents to the extent directed by the court.
SB45, s. 2761
14Section
2761. 345.61 (2) (c) of the statutes is amended to read:
SB45,1233,315
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
16any printed card or other certificate issued by an automobile club, association or
17insurance company to any of its members or insureds, which card or certificate is
18signed by the member or insureds and contains a printed statement that the
19automobile club, association or insurance company and a surety company, or an
20insurance company authorized to transact both automobile liability insurance and
21surety business, guarantee the appearance of the persons whose signature appears
22on the card or certificate and that they will in the event of failure of the person to
23appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
24including the penalty assessment required by s.
165.87
757.05, the jail assessment
25required by s. 302.46 (1), the railroad crossing improvement assessment required by
1s. 346.177, 346.495 or 346.65 (4r) and the crime laboratories and drug law
2enforcement assessment required by s. 165.755, in an amount not exceeding $200,
3or $1,000 as provided in sub. (1) (b).
SB45, s. 2762
4Section
2762. 346.02 (10) of the statutes is amended to read: