SB45: Bill Text

SB45,1227,4 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made. The officer shall also mail a copy of the notice of intent to revoke to the district attorney for that county and the department. Neither party is entitled to prehearing discovery, except that at the refusal hearing, before a witness testifies, written or voice recorded statements of the witness, if any, shall be given to the defendant. For cause, the court may order the production of those statements before the hearing. This limit on discovery does not affect either party's right to discovery under s. 971.23 related to any criminal prosecution. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB45, s. 2749 Section 2749. 343.305 (9) (am) (intro.) of the statutes is amended to read:

SB45,1227,22 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made. The officer shall also mail a copy of the notice of intent to revoke to the district attorney for that county and the department. Neither party is entitled to prehearing discovery, except that at the refusal hearing, before a witness testifies, written or voice recorded statements of the witness, if any, shall be given to the defendant. For cause, the court may order the production of those statements before the hearing. This limit on discovery does not affect either party's right to discovery under s. 971.23 related to any criminal prosecution. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB45, s. 2750 Section 2750. 343.44 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB45,1228,3 343.44 (2) (a) Any person who violates sub. (1) (a) or a local ordinance in conformity therewith shall be required to forfeit not less than $50 nor more than $200.

SB45, s. 2751 Section 2751. 343.44 (2) (am) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB45,1228,9 343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 1999 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.

SB45, s. 2752 Section 2752. 345.09 (2) of the statutes is amended to read:

SB45,1228,24 345.09 (2) The secretary as attorney upon whom processes and notices may be served under this section shall, upon being served with such process or notice, forthwith mail by registered mail a copy thereof to such nonresident at the out-of-state nonresident address given in the papers so served. It is the duty of the party or the party's attorney to certify in the papers so served that the address given therein is the last-known out-of-state nonresident address of the party to be served. In all cases of service under this section there shall be served 2 authenticated copies for the secretary and such additional number of authenticated copies as there are defendants so served in the action. One of the secretary's copies shall be retained for the secretary's record of service and the other copy shall be returned with proper certificate of service attached for filing in court as proof of service of the copies by having mailed them by registered mail to the defendants named therein. The service fee shall be $15 $25 for each defendant so served. The secretary shall keep a record of all such processes and notices, which record shall show the day and hour of service.

SB45, s. 2753 Section 2753. 345.26 (1) (b) 1. of the statutes is amended to read:

SB45,1229,9 345.26 (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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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

SB45, s. 2754 Section 2754. 345.37 (2) of the statutes is amended to read:

SB45,1230,2 345.37 (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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

SB45, s. 2755 Section 2755. 345.37 (5) of the statutes is amended to read:

SB45,1230,10 345.37 (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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

SB45, s. 2756 Section 2756. 345.375 (2) of the statutes is amended to read:

SB45,1230,16 345.375 (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. 165.87 757.05, 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.

SB45, s. 2757 Section 2757. 345.47 (1) (intro.) of the statutes is amended to read:

SB45,1230,25 345.47 (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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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:

SB45, s. 2758 Section 2758. 345.47 (1) (b) of the statutes is amended to read:

SB45,1231,10 345.47 (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. 165.87 757.05, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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.

SB45, s. 2759 Section 2759. 345.47 (1) (c) of the statutes is amended to read:

SB45,1232,2 345.47 (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. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, and the fee required under s. 85.135, 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, jail assessment, railroad crossing improvement 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.

SB45, s. 2760 Section 2760. 345.49 (1) of the statutes is amended to read:

SB45,1232,13 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87 757.05, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), 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, jail assessment, railroad crossing improvement 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.

SB45, s. 2761 Section 2761. 345.61 (2) (c) of the statutes is amended to read:

SB45,1233,3 345.61 (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. 165.87 757.05, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r) 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).

SB45, s. 2762 Section 2762. 346.02 (10) of the statutes is amended to read:

SB45,1233,11 346.02 (10) Applicability to snowmobiles. The operator of a snowmobile upon a roadway shall in addition to the provisions of ch. 350 be subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) and, if the snowmobile is an authorized emergency vehicle, be subject to s. 346.03.

SB45, s. 2763 Section 2763. 346.02 (11) of the statutes is amended to read:

SB45,1233,20 346.02 (11) Applicability to all-terrain vehicles. The operator of an all-terrain vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) but is not and, if the all-terrain vehicle is an authorized emergency vehicle, is subject to s. 346.03, but no operator of an all-terrain vehicle is subject to any other provision of this chapter.

SB45, s. 2764 Section 2764. 346.03 (3) of the statutes is amended to read:

SB45,1234,5 346.03 (3) The exemption granted the operator of an authorized emergency vehicle by sub. (2) (a) applies only when the operator of the vehicle is giving visual signal by means of at least one flashing, oscillating or rotating red light except that the visual signal given by a police vehicle may be by means of a blue light and a red light which are flashing, oscillating or rotating, except as otherwise provided in sub. (4m) (a). The exemptions granted by sub. (2) (b), (c) and (d) apply only when the operator of the emergency vehicle is giving both such visual signal and also an audible signal by means of a siren or exhaust whistle, except as otherwise provided in sub. (4) or (4m).

SB45, s. 2765 Section 2765. 346.03 (4m) of the statutes is renumbered 346.03 (4m) (a).

SB45, s. 2766 Section 2766. 346.03 (4m) (b) of the statutes is created to read:

SB45,1234,10 346.03 (4m) (b) The exemptions granted by sub. (2) (b), (c) and (d) apply to a vehicle that is giving a visual signal or an audible signal, or both, in the manner described in sub. (3), if the vehicle is any of the following:

SB45,1234,13 1. A snowmobile operated by an employe of the department of natural resources who is authorized to exercise the authority of the department of natural resources under s. 23.11 (4).

SB45,1234,14 2. An all-terrain vehicle or snowmobile operated by a conservation warden.

SB45, s. 2767 Section 2767. 347.415 (1) of the statutes is renumbered 347.415 (1m) and amended to read:

SB45,1234,20 347.415 (1m) No person shall may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile or all-terrain vehicle with the intent to change or affect the number of miles indicated thereon.

SB45, s. 2768 Section 2768. 347.415 (1g) of the statutes is created to read:

SB45,1235,2 347.415 (1g) In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled on trips.

SB45, s. 2769 Section 2769. 347.415 (2) of the statutes is amended to read:

SB45,1235,9 347.415 (2) No person may operate a motor vehicle subject to registration under ch. 341 on any street or highway with knowledge that the odometer is removed, disconnected or nonfunctional. Notwithstanding s. 347.02 (2), no person may operate a snowmobile or all-terrain vehicle with knowledge that the odometer is removed, disconnected or nonfunctional. An exemption may be provided if parts are on back order to correct a nonfunctional odometer.

SB45, s. 2770 Section 2770. 347.415 (4) of the statutes is amended to read:

SB45,1235,12 347.415 (4) No person shall conspire with any other person to violate sub. (1) (1m), (2) or (3).

SB45, s. 2771 Section 2771. 347.50 (1) of the statutes is amended to read:

SB45,1235,16 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s. 347.415 (1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.48 (2m) or (4) (a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

SB45, s. 2772 Section 2772. 347.50 (2) of the statutes is amended to read:

SB45,1235,20 347.50 (2) Any person violating s. 347.415 (1) (1m), (2) and (3) to (5) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

SB45, s. 2773 Section 2773. 348.01 (2) (aj) of the statutes is created to read:

SB45,1236,2 348.01 (2) (aj) "Certified portable testing device" means a portable testing device which is tested and inspected periodically for accuracy by the department of agriculture, trade and consumer protection or other authorized testing agency in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department of agriculture, trade and consumer protection for the testing and examination of scales.

SB45, s. 2774 Section 2774. 348.15 (3) (bg) of the statutes is amended to read:

SB45,1236,13 348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet or more apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

SB45, s. 2775 Section 2775. 348.15 (5) (intro.) of the statutes is amended to read:

SB45,1237,5 348.15 (5) (intro.) For enforcement of weight limitations specified by this chapter the gross weight, measured in pounds, imposed on the highway by any wheel or any one axle or by any group of 2 or more axles shall be determined by weighing the vehicles and load, either by single draft or multiple draft weighing on certified stationary scales or on portable scales in good working order which are tested in comparison to certified stationary scales or with certified portable testing devices within 90 190 days immediately prior to any weighing operation by the department of agriculture, trade and consumer protection or other authorized testing agencies for accuracy to within standard accepted tolerances. The weighing operation shall be performed in accordance with and under conditions accepted as good weighing technique and practice. In multiple draft weighing the sum of the weight of respective components shall be used to establish the weight of a combination of the components. It is recognized that the weight, determined in accordance with methods prescribed in this chapter, includes all statutory weights and represents the momentary load force or reaction imposed on the scale at the time of weighing. Such weights include any variation due to the following factors:

SB45, s. 2776 Section 2776. 348.25 (8) (a) 1. of the statutes is amended to read:

SB45,1237,10 348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $17.

SB45, s. 2777 Section 2777. 348.25 (8) (a) 2. of the statutes is amended to read:

SB45,1237,15 348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $22.

SB45, s. 2778 Section 2778. 348.25 (8) (a) 2m. of the statutes is amended to read:

SB45,1237,20 348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $28.

SB45, s. 2779 Section 2779. 348.25 (8) (a) 3. of the statutes is amended to read:

SB45,1237,25 348.25 (8) (a) 3. For a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of s. 348.15 (3), 10% of the fee specified in par. (b) 3. for an annual permit for the comparable gross weight, rounded to the nearest whole dollar.

SB45, s. 2780 Section 2780. 348.25 (8) (b) 1. of the statutes is amended to read:

SB45,1238,5 348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $66.

SB45, s. 2781 Section 2781. 348.25 (8) (b) 2. of the statutes is amended to read:

SB45,1238,10 348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $99.

SB45, s. 2782 Section 2782. 348.25 (8) (b) 3. a. of the statutes is amended to read:

SB45,1238,14 348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $220.

SB45, s. 2783 Section 2783. 348.25 (8) (b) 3. b. of the statutes is amended to read:

SB45,1238,19 348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385.

SB45, s. 2784 Section 2784. 348.25 (8) (b) 3. c. of the statutes is amended to read:

SB45,1239,2 348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

SB45, s. 2785 Section 2785. 348.25 (8) (bm) of the statutes is renumbered 348.25 (8) (bm) 1. and amended to read:

SB45,1239,9 348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003.

SB45, s. 2786 Section 2786. 348.25 (8) (bm) 2. of the statutes is created to read:

SB45,1239,16 348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000, or submitted after June 30, 2003.

SB45, s. 2787 Section 2787. 348.26 (1m) (title) of the statutes is repealed.

SB45, s. 2788 Section 2788. 348.26 (1m) of the statutes is renumbered 348.29 (1) and amended to read:

SB45,1239,25 348.29 (1) The department shall develop and implement a telephone call-in procedure for to issue and renew permits issued under this section ss. 348.26 and 348.27 and shall implement a computerized system for use under this section to determine and designate the route to be used by the permittee. The telephone call-in procedure for permits may not be utilized until permit information is computerized to ensure inquiry capability into the data base for enforcement purposes.

SB45, s. 2789 Section 2789. 348.28 (1) of the statutes is amended to read:

SB45,1240,4 348.28 (1) Permits issued under ss. 348.25, 348.26 and 348.27 (1) to (10), (12) and (13) or by the telephone call-in procedure under s. 348.29 shall be carried on the vehicle during operations so permitted.

SB45, s. 2790 Section 2790. 348.29 (title) of the statutes is created to read:

SB45,1240,7 348.29 (title) Telephone authorization for oversize or overweight vehicle permits.

SB45, s. 2791 Section 2791. 348.29 (2), (3), (4), (5) and (6) of the statutes are created to read:

SB45,1240,11 348.29 (2) In addition to any fees required under s. 348.25, 348.26 or 348.27, any person who uses the procedure under this section to obtain a permit under s. 348.26 or 348.27 shall pay the following fees to the department:

SB45,1240,14 (a) The lesser of $10 per vehicle for which a permit is issued or the actual cost of the telephone authorization per vehicle for which a permit is issued as determined by the department.

SB45,1240,17 (b) A late payment fee of $10 per vehicle for which a permit is issued, if the department receives any required fees after the time period established by the department.