SB44: Bill Text

SB44, s. 2573 Section 2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:

SB44,986,16 343.44 (2) (b) (intro.) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

SB44, s. 2574 Section 2574. 343.44 (2) (bm) of the statutes is created to read:

SB44,986,21 343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5.

SB44, s. 2575 Section 2575. 344.185 (2) (e) 2. of the statutes is amended to read:

SB44,987,2 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 2576 Section 2576. 344.576 (3) (a) 5. of the statutes is amended to read:

SB44,987,5 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

SB44, s. 2577 Section 2577. 344.576 (3) (c) of the statutes is amended to read:

SB44,987,11 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

SB44, s. 2578 Section 2578. 344.579 (2) (intro.) of the statutes is amended to read:

SB44,987,16 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:

SB44, s. 2579 Section 2579. 345.08 of the statutes is amended to read:

SB44,988,6 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

SB44, s. 2580 Section 2580. 346.177 (3) of the statutes is amended to read:

SB44,988,14 346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44, s. 2581 Section 2581. 346.177 (4) of the statutes is amended to read:

SB44,988,21 346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44, s. 2582 Section 2582. 346.45 (3) (d) of the statutes is amended to read:

SB44,989,2 346.45 (3) (d) A railroad grade crossing which is marked with a sign in accordance with s. 195.285 (3). Such signs shall be erected by the maintaining authority only upon order of the office of the commissioner of railroads as set forth in department or the division of hearings and appeals in accordance with s. 195.285.

SB44, s. 2583 Section 2583. 346.495 (3) of the statutes is amended to read:

SB44,989,10 346.495 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44, s. 2584 Section 2584. 346.495 (4) of the statutes is amended to read:

SB44,989,17 346.495 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44, s. 2585 Section 2585. 346.63 (2m) of the statutes is amended to read:

SB44,990,2 346.63 (2m) If a person has not attained the 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 0.08. 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).

SB44, s. 2586 Section 2586. 346.63 (5) (a) of the statutes is amended to read:

SB44,990,5 346.63 (5) (a) No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2587 Section 2587. 346.63 (6) (a) of the statutes is amended to read:

SB44,990,9 346.63 (6) (a) No person may cause injury to another person by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2588 Section 2588. 346.65 (4r) (c) of the statutes is amended to read:

SB44,990,17 346.65 (4r) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44, s. 2589 Section 2589. 346.65 (4r) (d) of the statutes is amended to read:

SB44,990,24 346.65 (4r) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44, s. 2590 Section 2590. 346.655 (2) (a) of the statutes is amended to read:

SB44,991,4 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2591 Section 2591. 346.655 (2) (b) of the statutes is amended to read:

SB44,991,11 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB44, s. 2592 Section 2592. 346.655 (3) of the statutes is amended to read:

SB44,991,18 346.655 (3) All moneys collected from the driver improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer secretary of administration under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for drivers referred through assessment.

SB44, s. 2593 Section 2593. 348.25 (8) (a) (intro.) of the statutes is amended to read:

SB44,991,21 348.25 (8) (a) (intro.) Except as provided under par. (dm), the department shall charge the following fees for each permit issued under s. 348.26 or 348.27:

SB44, s. 2594 Section 2594. 348.25 (8) (a) 1. of the statutes is amended to read:

SB44,992,2 348.25 (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 2005, the fee is $17.

SB44, s. 2595 Section 2595. 348.25 (8) (a) 2. of the statutes is amended to read:

SB44,992,7 348.25 (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 2005, the fee is $22.

SB44, s. 2596 Section 2596. 348.25 (8) (a) 2m. of the statutes is amended to read:

SB44,992,12 348.25 (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 2005, the fee is $28.

SB44, s. 2597 Section 2597. 348.25 (8) (b) 1. of the statutes is amended to read:

SB44,992,17 348.25 (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 2005, the fee is $66.

SB44, s. 2598 Section 2598. 348.25 (8) (b) 2. of the statutes is amended to read:

SB44,992,22 348.25 (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 2005, the fee is $99.

SB44, s. 2599 Section 2599. 348.25 (8) (b) 3. a. of the statutes is amended to read:

SB44,993,2 348.25 (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 2005, the fee is $220.

SB44, s. 2600 Section 2600. 348.25 (8) (b) 3. b. of the statutes is amended to read:

SB44,993,7 348.25 (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 2005, the fee is $385.

SB44, s. 2601 Section 2601. 348.25 (8) (b) 3. c. of the statutes is amended to read:

SB44,993,14 348.25 (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 2005, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

SB44, s. 2602 Section 2602. 348.25 (8) (bm) 1. of the statutes is amended to read:

SB44,993,20 348.25 (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 2005.

SB44, s. 2603 Section 2603. 348.25 (8) (bm) 2. of the statutes is amended to read:

SB44,994,2 348.25 (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 2005.

SB44, s. 2604 Section 2604. 348.25 (8) (e) of the statutes is amended to read:

SB44,994,12 348.25 (8) (e) The officer or agency authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied and to pay an additional fee of $5 per permit if a department telephone call-in procedure is used. If the department permits the payment of the fee under par. (a) by telephone or Internet with use of a credit card, the department shall charge a fee to be established by rule for each transaction. The fee shall approximate the cost to the department for providing this service to persons so requesting.

SB44, s. 2605 Section 2605. 349.04 (3) of the statutes is amended to read:

SB44,994,19 349.04 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment under this section. If the deposit is forfeited, the amount of the truck driver education assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the truck driver education assessment shall also be returned.

SB44, s. 2606 Section 2606. 349.04 (4) of the statutes is amended to read:

SB44,995,2 349.04 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).

SB44, s. 2607 Section 2607. 350.115 (1) (c) of the statutes is amended to read:

SB44,995,10 350.115 (1) (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the snowmobile registration restitution payment shall also be returned.

SB44, s. 2608 Section 2608. 350.115 (1) (d) of the statutes is amended to read:

SB44,995,15 350.115 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2609 Section 2609. 350.137 (1) of the statutes is amended to read:

SB44,995,24 350.137 (1) The department, after having consulted with each rail authority, as defined in s. 350.138 (1) (b), in this state, that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads department of transportation, shall promulgate rules to establish uniform maintenance standards and uniform design and construction standards for snowmobile rail crossings under ss. 350.138 and 350.139.

SB44, s. 2610 Section 2610. 350.138 (4) (c) of the statutes is amended to read:

SB44,996,6 350.138 (4) (c) The department shall give notice of any hearing scheduled under par. (b) to the applicant, to the applicable rail authority, and to the office of the commissioner of railroads department of transportation. The hearing shall be a contested case hearing under ch. 227. The department's department of natural resources' order issuing or denying a permit is a final order subject to judicial review under ch. 227.

SB44, s. 2611 Section 2611. 350.138 (9) of the statutes is amended to read:

SB44,996,12 350.138 (9) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect the site of a proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which a permit has been issued to determine whether there are grounds to refuse to issue a permit under sub. (4) or to revoke a permit under sub. (8).

SB44, s. 2612 Section 2612. 350.139 (5) of the statutes is amended to read:

SB44,996,18 350.139 (5) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under sub. (4).

SB44, s. 2613 Section 2613. 350.1395 (2) (b) 2. of the statutes is amended to read:

SB44,996,25 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under subd. 1. after giving notice of the hearing to the rail authority, the snowmobile organization, and the office of the commissioner of railroads department of transportation. The hearing shall be a contested case hearing under ch. 227. The department's department of natural resources' order shall be a final order subject to judicial review under ch. 227.

SB44, s. 2614 Section 2614. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:

SB44,997,6 350.1395 (2) (b) 3. (intro.) The department shall grant a rail authority's petition under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd. 2., and after giving substantial weight to the office of the commissioner of railroads' department of transportation's testimony or report given under s. 195.03 (30) (b), the department of natural resources finds that any of the following applies:

SB44, s. 2615 Section 2615. 350.1395 (4) (b) of the statutes is amended to read:

SB44,997,13 350.1395 (4) (b) The department may not promulgate a rule under this subsection without first consulting with each rail authority in this state that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads department of transportation.

SB44, s. 2616 Section 2616. 351.07 (1g) of the statutes is amended to read:

SB44,997,20 351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer secretary of administration under s. 59.25 (3) (m) and retain the balance for the use of the county.

SB44, s. 2617 Section 2617. 445.125 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read: