OC7 SB2: Bill Text

SB2, s. 40 Section 40. 110.21 of the statutes is amended to read:

SB2,55,4 110.21 Education and training related to motor vehicle emissions. The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.

SB2, s. 2665g Section 2665g. 114.09 (title) of the statutes is amended to read:

SB2,55,6 114.09 (title) Reckless Intoxicated and reckless flying; penalty.

SB2, s. 2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

SB2,55,9 114.09 (1) (a) (intro.) In this subsection, "drug":

SB2,55,10 1. "Drug" has the meaning specified in s. 450.01 (10).

SB2, s. 2665j Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:

SB2,55,14 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00 if there is a passenger in the aircraft.

SB2, s. 2665L Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and amended to read:

SB2,55,23 114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor.

SB2,56,3 2. No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

SB2,56,6 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

SB2, s. 2665n Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:

SB2,56,9 114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground if the person has a prohibited alcohol concentration.

SB2, s. 2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

SB2,56,11 114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

SB2,56,13 1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

SB2,56,19 2. Except as provided in subd. 6., shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,2 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,9 4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,15 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB2,57,22 6. If there was a minor passenger under 16 years of age in the aircraft at the time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the applicable minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or 1m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under 16 years of age in the aircraft is a felony and the place of imprisonment shall be determined under s. 973.02.

SB2,57,24 7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under subd. 3. to 5. are doubled.

SB2,58,2 b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under subd. 3. to 5. are tripled.

SB2,58,4 c. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.

SB2,58,10 (b) In par. (a) 1. to 5., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation, or conviction under par. (a) 1. to 5.

SB2,58,17 (bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

SB2,58,24 a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that, if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB2,59,5 b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

SB2,59,12 c. Require a person who is referred to a treatment facility in another state under subd. 1. a. or b. to furnish the department written verification of his or her compliance from the agency that administers the assessment and airman safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency that administers the assessment and airman safety plan program.

SB2,59,16 2. The department of health and family services shall establish standards for assessment procedures and the airman safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.

SB2,59,24 3. Prior to developing a plan that specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the airman safety plan within 14 days to the county department under s. 51.42, the plan provider, the department of transportation, the appropriate federal agency, and the person, except that, upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.

SB2,60,11 4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

SB2,60,12 (c) Any person violating sub. (1) (b) 2.:

SB2,60,14 1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

SB2,60,18 2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.

SB2, s. 41 Section 41. 194.23 (1) of the statutes is amended to read:

SB2,61,3 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB2, s. 42 Section 42. 194.34 (1) of the statutes is amended to read:

SB2,61,13 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB2, s. 43 Section 43. 194.407 of the statutes is created to read:

SB2,61,20 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB2,61,23 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.

SB2, s. 44 Section 44. 194.41 (1) of the statutes is amended to read:

SB2,63,6 194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.

SB2, s. 45 Section 45. 285.30 (5) (a) of the statutes is amended to read:

SB2,63,8 285.30 (5) (a) A motor vehicle of a model year of 1967 1995 or earlier.

SB2, s. 46 Section 46. 285.30 (5) (b) of the statutes is amended to read:

SB2,63,14 285.30 (5) (b) A motor vehicle with of a model year of 2006 or earlier that has a gross vehicle weight rating exceeding 10,000 8,500 pounds, as determined by the manufacturer of the vehicle, and a motor vehicle of a model year of 2007 or later that has a gross vehicle weight rating exceeding 14,000 pounds, as determined by the manufacturer of the vehicle.

SB2, s. 47 Section 47. 285.30 (5) (d) of the statutes is amended to read:

SB2,63,17 285.30 (5) (d) A motor vehicle of a model year of 2006 or earlier that is powered by diesel fuel.

SB2, s. 3190m Section 3190m. 340.01 (3) (dg) of the statutes is created to read:

SB2,63,23 340.01 (3) (dg) Privately owned motor vehicles being used by an organ procurement organization, or by any person under an agreement with an organ procurement organization, to transport organs for human transplantation or to transport medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation.

SB2, s. 3190p Section 3190p. 340.01 (3) (dh) of the statutes is created to read:

SB2,64,8 340.01 (3) (dh) Privately owned motor vehicles being operated in the course of a business and being used, in response to an emergency call from a treating physician or his or her designee declaring the transportation to be an emergency, to transport medical devices or equipment to a hospital or ambulatory surgery center, or to pick up medical devices or equipment for immediate transportation to a hospital or ambulatory surgery center, if the medical devices or equipment are to be used for human implantation or for urgent medical treatment immediately after the transportation.

SB2, s. 48 Section 48. 341.25 (1) (a) of the statutes is amended to read:

SB2,64,12 341.25 (1) (a) For each automobile, a fee of $55 $75, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB2, s. 49 Section 49. 341.25 (2) (a) of the statutes is amended to read:

SB2,64,14 341.25 (2) (a) Not more than 4,500$ 48.50 75.00

SB2, s. 50 Section 50. 341.25 (2) (b) of the statutes is amended to read:

SB2,64,16 341.25 (2) (b) Not more than 6,00061.50 84.00

SB2, s. 51 Section 51. 341.25 (2) (c) of the statutes is amended to read:

SB2,64,18 341.25 (2) (c) Not more than 8,00077.50 106.00

SB2, s. 3209b Section 3209b. 341.25 (2) (cm) to (q) of the statutes are amended to read:

SB2,64,20 341.25 (2) (cm) Not more than 10,000 119.50 131.00

SB2,64,21 (d) Not more than 12,000161.00 177.00

SB2,64,22 (e) Not more than 16,000218.00 240.00

SB2,64,23 (f) Not more than 20,000274.00 301.00

SB2,64,24 (g) Not more than 26,000365.50 402.00

SB2,64,25 (h) Not more than 32,000468.50 515.00

SB2,65,1 (i) Not more than 38,000 593.50 653.00

SB2,65,2 (j) Not more than 44,000708.50 779.00

SB2,65,3 (k) Not more than 50,000818.00 900.00

SB2,65,4 (km) Not more than 54,000873.00 960.00

SB2,65,5 (L) Not more than 56,000930.00 1023.00

SB2,65,6 (m) Not more than 62,0001,051.50 1,157.00

SB2,65,7 (n) Not more than 68,0001,187.00 1,306.00

SB2,65,8 (o) Not more than 73,0001,350.00 1,485.00

SB2,65,9 (p) Not more than 76,0001,600.50 1,761.00

SB2,65,10 (q) Not more than 80,000 1,969.50 2,166.00

SB2, s. 3217b Section 3217b. 342.14 (3m) of the statutes is amended to read:

SB2,65,16 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental title fee of $7.50 $9.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section.

SB2, s. 52 Section 52. 343.01 (2) (d) of the statutes is amended to read:

SB2,65,19 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface, or a digitized digital image.

SB2, s. 3220c Section 3220c. 343.01 (2) (dg) of the statutes is renumbered 340.01 (41k).

SB2, s. 53 Section 53. 343.027 of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB2,66,4 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.

SB2, s. 54 Section 54. 343.03 (3) (intro.) of the statutes is amended to read: