AB818: Bill Text

AB818, s. 40 Section 40. 344.26 (1) of the statutes is amended to read:

AB818,18,24 344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration suspended or revoked under s. 344.25 shall remain suspended or revoked until every judgment mentioned in s. 344.25 is stayed, satisfied, or discharged and, unless 3 years have elapsed since the date on which the judgment was stayed, satisfied, or discharged or unless the person is a nonresident, until the person whose operating privilege and registration was suspended or revoked furnishes and maintains in effect proof of financial responsibility for the future.

AB818, s. 41 Section 41. 344.27 (2) of the statutes is amended to read:

AB818,19,7 344.27 (2) The secretary shall not suspend the operating privilege or registration and shall restore any operating privilege or registration suspended following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in installments and, unless 3 years have elapsed since the date on which the order permitting the payment of the judgment in installments is filed with the secretary or unless the judgment debtor is a nonresident, furnishes and maintains proof of financial responsibility for the future.

AB818, s. 42 Section 42. 344.29 of the statutes is amended to read:

AB818,19,17 344.29 Proof of financial responsibility for the future required. Proof of financial responsibility for the future shall be furnished by any person required to give such proof under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and in those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.

AB818, s. 43 Section 43. 344.30 (1) of the statutes is amended to read:

AB818,19,19 344.30 (1) Certification of insurance as provided in s. 344.31 or 344.32; or

AB818, s. 44 Section 44. 344.32 of the statutes is repealed.

AB818, s. 45 Section 45. 344.33 (1) of the statutes is amended to read:

AB818,20,2 344.33 (1) Certification. In this chapter, "motor vehicle liability policy" means a motor vehicle policy of liability insurance, certified as provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an automobile liability business in this state to or for the benefit of the person named in the policy as the insured.

AB818, s. 46 Section 46. 344.34 of the statutes is amended to read:

AB818,20,14 344.34 Notice of cancellation or termination of certified policy. When an insurer has certified a motor vehicle liability policy under s. 344.31, a policy under s. 344.32 or a bond under s. 344.36, the insurance so certified shall not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified has been filed in the office of the secretary. No insurance so certified may be canceled or terminated by the insurer prior to the expiration of 90 days from the effective date of the certification on the grounds of failure to pay a premium when due. Such a certified policy or bond subsequently procured shall, on the effective date of its certification, terminate the insurance previously certified. Any certification or recertification filed by the same insurer following cancellation shall be accompanied by a fee of $3 payable by the insurer.

AB818, s. 47 Section 47. 344.42 of the statutes is amended to read:

AB818,20,22 344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31 , 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.

AB818, s. 48 Section 48 . 345.47 (1) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB818,21,12 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately may take possession of the suspended license and. If the court takes possession of a license, it shall destroy the license. The court 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, plus costs, fees, and surcharges imposed under ch. 814. 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, plus costs, fees, and surcharges imposed under ch. 814, 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 fees under s. 343.21 (1) (j) and (n), the department shall return the surrendered license.

AB818, s. 49 Section 49. 345.48 (2) of the statutes is amended to read:

AB818,21,20 345.48 (2) If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under s. 343.31, or for which the court revokes or suspends his or her operating privilege under s. 343.30, the court shall immediately may take possession of the suspended or revoked license. If the court takes possession of a license, it shall destroy the license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under sub. (1m).

AB818, s. 50 Section 50. 345.48 (3) of the statutes is repealed.

AB818, s. 51 Section 51. 345.48 (4) of the statutes is amended to read:

AB818,22,2 345.48 (4) If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed and shall return any surrendered license. Thereafter, the court shall notify the department as required under s. 343.325 (1) (b) and (c).

AB818, s. 52 Section 52. 631.37 (4) (e) of the statutes is amended to read:

AB818,22,6 631.37 (4) (e) Motor vehicle liability policy. Section 344.34 applies to motor vehicle liability policies certified under s. 344.31 and to policies certified under s. 344.32.

AB818, s. 53 Section 53. 800.09 (1) (c) of the statutes is amended to read:

AB818,22,20 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 2 years. The court shall may take possession of the suspended license and shall. If the court takes possession of a license, it shall destroy the license. The court shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

AB818, s. 54 Section 54. 938.17 (2) (d) 2. of the statutes is amended to read:

AB818,23,6 938.17 (2) (d) 2. If a court suspends a license or privilege under subd. 1., the court shall immediately take possession of the applicable license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department that issued the license, together with the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the person.

AB818, s. 55 Section 55. 938.34 (8) of the statutes is amended to read:

AB818,24,5 938.34 (8) Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license, together with a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB818, s. 56 Section 56. 938.34 (8d) (d) of the statutes is amended to read:

AB818,24,22 938.34 (8d) (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which issued the license , together with a notice of suspension stating that the suspension is for failure to pay a surcharge imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then, if the license is issued under ch. 29, return the license to the juvenile.

AB818, s. 57 Section 57. 938.34 (14m) of the statutes is amended to read:

AB818,25,8 938.34 (14m) Restrict or suspend the operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law in which a motor vehicle is involved. If the court suspends a juvenile's operating privilege under this subsection, the court shall immediately may take possession of the suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and duration of the suspension. If the court limits a juvenile's operating privilege under this subsection, the court shall immediately notify the department of transportation of that limitation.

AB818, s. 58 Section 58. 938.34 (14r) (a) of the statutes is amended to read:

AB818,25,17 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with the notice of suspension stating that the suspension or revocation is for a violation of ch. 961.

AB818, s. 59 Section 59. 938.34 (14r) (c) of the statutes is amended to read:

AB818,25,23 938.34 (14r) (c) If the juvenile's license or operating privilege is currently suspended or revoked or if the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance or reinstatement of an operator's license under ch. 343.

AB818, s. 60 Section 60. 938.342 (1g) (a) of the statutes is amended to read:

AB818,26,6 938.342 (1g) (a) Suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than one year. The court shall immediately may take possession of the suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and duration of the suspension.

AB818, s. 61 Section 61. 938.343 (2) of the statutes is amended to read:

AB818,26,24 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, of the license. The court shall forward to the department which issued the license, together with the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court , together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB818, s. 62 Section 62. 938.344 (2e) (b) of the statutes is amended to read:

AB818,27,7 938.344 (2e) (b) Whenever a court suspends a juvenile's operating privilege under this subsection, the court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation, together with the notice of suspension stating that the suspension is for a violation under s. 961.573 (2), 961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

AB818, s. 63 Section 63. 938.344 (2e) (c) of the statutes is amended to read:

AB818,27,13 938.344 (2e) (c) If the juvenile's license or operating privilege is currently suspended or revoked or the juvenile does not currently possess a valid operator's license under ch. 343, the suspension under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance or reinstatement of an operator's license under ch. 343.

AB818, s. 64 Section 64. 938.355 (6) (d) 2. of the statutes is amended to read:

AB818,28,5 938.355 (6) (d) 2. Suspension of or limitation restriction on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period of not more than 3 years. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch. 343. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued it, together with the license or approval the notice of suspension, together with any approval of which the court takes possession.

AB818, s. 65 Section 65. 938.355 (6m) (a) 1m. of the statutes is amended to read:

AB818,28,22 938.355 (6m) (a) 1m. Suspension or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch. 343. If the court suspends a juvenile's operating privilege or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued the license or approval with a notice stating the reason for and the duration of the suspension , together with any approval of which the court takes possession.

AB818, s. 66 Section 66. 961.50 (1) (intro.) of the statutes is amended to read:

AB818,29,6 961.50 (1) (intro.) If a person is convicted of any violation of this chapter, the court shall, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows:

AB818, s. 67 Section 67. 961.50 (3) of the statutes is amended to read:

AB818,29,12 961.50 (3) If the person's license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this section is effective on the date on which the person is first eligible and applies for issuance, renewal, or reinstatement of an operator's license under ch. 343.

AB818, s. 68 Section 68. Initial applicability.

AB818,29,21 (1) The treatment of sections 343.30 (1g) (b), (1q) (h), and (6) (d), 343.305 (10) (g), 343.32 (1m) (d), 938.34 (14r) (c), 938.344 (2e) (c), 938.355 (6) (d) 2. and (6m) (a) 1m., and 961.50 (3) of the statutes first applies to convictions, suspensions, revocations, and refusals occurring on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

AB818,30,2 (2) The treatment of sections 343.38 (2) and (4) (intro.), 343.39 (1) (a), 344.18 (1m) (a) and (3m) (a), 344.24, 344.26 (1), 344.27 (2), and 344.29 of the statutes and the repeal of section 343.38 (4) (a) and (b) of the statutes first apply to an issuance of operator's licenses or reinstatement of operating privileges or registrations on the effective date of this subsection.

AB818,30,5 (3) The treatment of sections 344.30 (1), 344.32, 344.33 (1), 344.34, 344.42, and 631.37 (4) (e) of the statutes first applies to proof of financial responsibility filed with the secretary of transportation on the effective date of this subsection.

AB818,30,11 (4) The treatment of sections 343.03 (1) (b), 343.06 (2), 343.20 (1) (a), 343.315 (3) (a) and (b), 343.38 (title), (1) (intro.) and (a), (2), (3), (3g), and (3r), and 343.39 (1) (a) and (b), (2), and (3) of the statutes, the renumbering and amendment of section 343.26 of the statutes, and the creation of section 343.26 (2) of the statutes first apply to reinstatements for which reinstatement fees are received by the department of transportation on the effective date of this subsection.

AB818, s. 69 Section 69. Effective date.

AB818,30,14 (1) This act takes effect on the first day of the 5th month beginning after publication.

AB818,30,15 (End)