SB40: Bill Text

SB40,1520,13 344.18 (3m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (3) (a) or (b) has been met or unless the person is a nonresident, the person whose operating privilege or registration was suspended or revoked under sub. (3) shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.

SB40, s. 3404 Section 3404. 344.19 (1) of the statutes is amended to read:

SB40,1520,23 344.19 (1) If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, whether because the operator or owner is a nonresident or because the operator or owner is a resident who has failed or neglected to obtain a license or registration in this state, the operator or owner shall not be allowed a license or registration until the operator or owner has complied with the requirements of this chapter to the same extent as would be necessary if, at the time of the accident, the operator or owner had held a license and registration in this state. Nothing in this subsection requires the department to maintain an operator's record with respect to a nonresident except as provided in s. 343.23 (2m).

SB40, s. 3405 Section 3405. 344.19 (2) of the statutes is renumbered 344.19 (2) (intro.) and amended to read:

SB40,1521,3 344.19 (2) (intro.) If the operating privilege or registration of a nonresident is suspended under s. 344.14, the secretary shall transmit a certified copy of the record of such action as follows:

SB40,1521,10 (b) With respect to the registration suspension, to the administrator of the division of motor vehicles or equivalent official of the state in which that person resides if the law of the state in which that person resides provides for similar action by the administrator or equivalent official of that state in the event that a resident of this state has a nonresident's operating privilege or registration in that state suspended or revoked for failure to comply with the safety responsibility law of that state.

SB40, s. 3406 Section 3406. 344.19 (2) (a) of the statutes is created to read:

SB40,1521,13 344.19 (2) (a) With respect to the operating privilege suspension, as provided in s. 343.36 (3).

SB40, s. 3407 Section 3407. 344.19 (3) of the statutes is amended to read:

SB40,1522,10 344.19 (3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to suspend a nonresident's operating privilege or registration had the accident occurred in this state, the secretary shall suspend the operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension order, but shall not suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee fees required under s. 343.21 (1) (j) and (n) and complies with the applicable provisions of s. 343.38. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) and satisfies the requirements of sub. (3m).

SB40, s. 3408 Section 3408 . 344.19 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1523,15 344.19 (3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to suspend a nonresident's person's operating privilege or registration had the accident occurred in this state, or, upon notice of circumstances occurring in another jurisdiction substantially similar to those described in s. 344.14 if suspension of an operating privilege under circumstances substantially similar to those described in s. 344.14 is an offense identified in the rules under s. 343.02 (3) (b), the secretary shall suspend the operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension order, but shall not suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fees required under s. 343.21 (1) (j) and (n) and complies with the applicable provisions of s. 343.38. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) and satisfies the requirements of sub. (3m). The secretary may not suspend an operating privilege under this subsection if the period of suspension or revocation in the state from which the certification is received has expired or if, at the time of the circumstances occurring in the other jurisdiction, the person was licensed in or resided in another jurisdiction.

SB40, s. 3409 Section 3409. 344.24 of the statutes is amended to read:

SB40,1524,2 344.24 Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future 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 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.

SB40, s. 3410 Section 3410. 344.25 (7) of the statutes is created to read:

SB40,1524,8 344.25 (7) Notwithstanding sub. (5), the secretary shall only suspend the operating privilege of a nonresident if the nonresident is licensed by or resides in another jurisdiction that is not a member jurisdiction or if operating privilege suspension under circumstances substantially similar to those described in this subchapter is not identified in the rules under s. 343.02 (3) (b).

SB40, s. 3411 Section 3411. 344.26 (1) of the statutes is amended to read:

SB40,1524,17 344.26 (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.

SB40, s. 3412 Section 3412. 344.27 (2) of the statutes is amended to read:

SB40,1524,25 344.27 (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.

SB40, s. 3413 Section 3413. 344.27 (3) of the statutes is amended to read:

SB40,1525,5 344.27 (3) If the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege, if permitted under this subchapter, and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.

SB40, s. 3414 Section 3414. 344.29 of the statutes is amended to read:

SB40,1525,15 344.29 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.

SB40, s. 3415 Section 3415. 344.30 (1) of the statutes is amended to read:

SB40,1525,17 344.30 (1) Certification of insurance as provided in s. 344.31 or 344.32; or

SB40, s. 3416 Section 3416. 344.32 of the statutes is repealed.

SB40, s. 3417 Section 3417. 344.33 (1) of the statutes is amended to read:

SB40,1525,25 344.33 (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.

SB40, s. 3418 Section 3418. 344.34 of the statutes is amended to read:

SB40,1526,12 344.34 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.

SB40, s. 3419 Section 3419. 344.42 of the statutes is amended to read:

SB40,1526,20 344.42 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.

SB40, s. 3420 Section 3420. 345.11 (1m) of the statutes is amended to read:

SB40,1527,2 345.11 (1m) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of ch. 350 relating to highway use or ordinances in conformity therewith when committed on the highway, but no points may be assessed against the driving record of the operator of a snowmobile. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB40, s. 3421 Section 3421. 345.11 (1r) of the statutes is amended to read:

SB40,1527,10 345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB40, s. 3422 Section 3422. 345.23 (2) (c) of the statutes is amended to read:

SB40,1527,17 345.23 (2) (c) Deposits the person's valid Wisconsin operator's license with the officer. If the license is deposited with the officer, the officer shall issue to the licensee a receipt which shall be valid as a driver's license through the date specified on the receipt, which shall be the same as the court appearance date, and the officer shall, at the earliest possible time prior to the court appearance date, deposit the license with the court.

SB40, s. 3423 Section 3423. 345.28 (5) (b) 1. of the statutes is amended to read:

SB40,1527,24 345.28 (5) (b) 1. If a person fails to respond to the notices under par. (a) within the time specified in the notice, a warrant that substantially complies with the mandatory provisions under s. 968.04 (3) (a) may be issued for the person, except that the warrant shall direct the officer to accept the person's deposit of money or his or her valid Wisconsin operator's license, as provided under subd. 2. a., in lieu of serving the warrant and arresting the person.

SB40, s. 3424 Section 3424. 345.28 (5) (b) 2. a. of the statutes is amended to read:

SB40,1528,16 345.28 (5) (b) 2. a. The officer shall accept a deposit of money or a deposit of the person's valid Wisconsin operator's license in lieu of serving the warrant and arresting the person. If the license is deposited with the officer, the officer shall issue to the licensee a receipt, on a form provided by the department, which is valid as an operator's license through a date specified on the receipt, not to exceed 30 days from the date of contact, which shall be the same as the court appearance date and the officer shall at the earliest possible time prior to the court appearance date deposit the license with the court. If a deposit of money is made, s. 345.26 (1) (a) and (2) to (5) applies. The officer shall notify the person who deposits money or his or her license, in writing, of the specific actions which the authority and the courts are authorized to take under this section if the person fails to appear in court at the time specified by the officer, not to exceed 30 days from the date of contact, or at any subsequent court appearance for the nonmoving traffic violation citation. If the person makes a deposit of money or deposits his or her valid Wisconsin operator's license, the officer shall return the warrant to the court or judge who issued the warrant and the court or judge shall vacate the warrant.

SB40, s. 3425 Section 3425. 345.47 (1) (c) of the statutes is amended to read:

SB40,1529,3 345.47 (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, 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 reinstatement fee fees under s. 343.21 (1) (j) and (n), the department shall return the surrendered license.

SB40, s. 3426 Section 3426 . 345.47 (1) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1529,17 345.47 (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.

SB40, s. 3427 Section 3427. 345.48 (2) of the statutes is amended to read:

SB40,1529,25 345.48 (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).

SB40, s. 3428 Section 3428. 345.48 (3) of the statutes is repealed.

SB40, s. 3429 Section 3429. 345.48 (4) of the statutes is amended to read:

SB40,1530,6 345.48 (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).

SB40, s. 3430 Section 3430. 346.50 (3m) (b) 5. of the statutes is amended to read:

SB40,1530,18 346.50 (3m) (b) 5. The ordinance shall require the city to submit a report by December 31 of each odd-numbered year to the council on physical disabilities under s. 46.29 (1) (fm) on implementation and administration of the ordinance, including an evaluation of the effectiveness of time limitations imposed by the ordinance. With respect to spaces reserved by the city for use by a motor vehicle used by a physically disabled person upon any portion of a street, highway or parking facility, the report shall include the total number of spaces; the total number of spaces in a parking facility and the number of those spaces that are subject to a time limitation, and the duration of any such limitation; and the total number of spaces upon a street or highway and the number of those spaces that are subject to a time limitation, and the duration of any such limitation.

SB40, s. 3431 Section 3431. 346.65 (2c) of the statutes is amended to read:

SB40,1530,25 346.65 (2c) In sub. (2) (am) 2., 3., 4., and 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 jurisdiction that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., and 5.

SB40, s. 3432 Section 3432. 346.65 (2e) of the statutes is amended to read:

SB40,1531,8 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court may reduce the costs, fine, and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), if applicable, the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).

SB40, s. 3433 Section 3433. 346.65 (6) (a) 3. of the statutes is amended to read:

SB40,1531,22 346.65 (6) (a) 3. The court shall notify the department, in a form and manner prescribed by the department, that an order to seize a motor vehicle has been entered. The If the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342, the registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order, and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle , based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification if the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342.

SB40, s. 3434 Section 3434. 346.65 (6) (km) of the statutes is amended to read:

SB40,1532,8 346.65 (6) (km) If a person purchases a motor vehicle in good faith and without knowledge that the motor vehicle was subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection and the department has no valid reason for not issuing a certificate of title other than the prohibition under par. (k), the department shall issue a new certificate of title in the name of the person requesting the new certificate of title if at the time of the purchase of the motor vehicle the certificate of title did not contain the notation stamped on the certificate of title by the clerk of circuit court under par. (a) 2m. and, if the person submits the affidavit required under s. 342.12 (4) (c) 1. c., and if the department has previously issued a valid certificate of title for the motor vehicle.

SB40, s. 3435 Section 3435. 346.655 (1) of the statutes is amended to read:

SB40,1532,17 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), except for a first violation of s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $355 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

SB40, s. 3436 Section 3436. 349.19 of the statutes is amended to read:

SB40,1533,3 349.19 Authority to require accident reports. Any city, village, town or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) to the department of workforce development children and families or a county child support agency under under s. 59.53 (5).

SB40, s. 3437 Section 3437. 350.055 of the statutes is renumbered 350.055 (1) and amended to read:

SB40,1533,23 350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40,1534,3 (2) A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB40, s. 3438 Section 3438. 350.11 (3) (d) of the statutes is amended to read:

SB40,1534,13 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB40, s. 3439 Section 3439. 351.02 (1) (intro.) of the statutes is amended to read:

SB40,1534,19 351.02 (1) (intro.) "Habitual traffic offender" means any person, resident or nonresident, whose record, as maintained by the department, shows that the person has accumulated the number of convictions for the separate and distinct offenses, regardless of the class or type of motor vehicle being operated, under par. (a) or (b) committed within a 5-year period as follows:

SB40, s. 3440 Section 3440. 351.02 (1m) of the statutes is amended to read:

SB40,1535,4 351.02 (1m) "Repeat habitual traffic offender" means any person, resident or nonresident, whose record, as maintained by the department, shows that the person has been convicted of 2 offenses under sub. (1) (b) committed within one year following issuance of an occupational license to the person pursuant to s. 351.07 or whose record, as maintained by the department, shows that the person has been convicted of one offense under sub. (1) (a) or 4 offenses under sub. (1) (b) committed within 3 years following issuance of an occupational license to the person pursuant to s. 351.07, regardless of the license under which the person was operating a motor vehicle or the classification of the vehicle being operated.

SB40, s. 3441 Section 3441. 351.025 (1) of the statutes is renumbered 351.025 (1) (a) and amended to read:

SB40,1535,12 351.025 (1) (a) The Except as provided in par. (b), the secretary shall revoke a person's, for a period of 5 years, the operating privilege for a period of 5 years of a person who is a licensee under ch. 343 or is a resident to whom another jurisdiction has not issued an operator's license upon receipt of a record of conviction which brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender.

SB40, s. 3442 Section 3442. 351.025 (1) (b) of the statutes is created to read:

SB40,1535,19 351.025 (1) (b) The department may not revoke a person's operating privilege under par. (a) based, in whole or part, upon any conviction for an offense committed in another jurisdiction if at the time of the conviction the person was licensed in or resided in another jurisdiction unless, after the person has become licensed under ch. 343 or transferred residency to this state, the person is convicted of an offense under s. 351.02 (1) (a) or (b) committed in this state.

SB40, s. 3443 Section 3443. 351.027 (2) of the statutes is amended to read:

SB40,1536,8 351.027 (2) If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), the person may file with the circuit court for the county in which the person resides, or, in the case of a nonresident, with the circuit court for Dane County person who moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). The scope of the hearing shall be limited to whether or not the person is the same person named in the record and, whether or not the person was convicted of each offense shown by the record, and whether the provisions of s. 351.025 (1) (b) prohibit revocation. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.

SB40, s. 3444 Section 3444. 351.03 of the statutes is amended to read:

SB40,1536,22 351.03 Secretary to certify copy of conviction record. Upon receipt of the copy of the petition under s. 351.027, the secretary shall certify the record of conviction of any person whose record brings him or her within the definition of a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1) to the court and to the district attorney of the county in which the person resides or to the attorney general if the person is not a resident of this state, if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked. The certified record shall be prima facie evidence that the person named therein was duly convicted by the court wherein the conviction or finding was made, of each offense shown by the record. If the person denies any of the facts as stated in the record, he or she shall have the burden of proving that the fact is false.

SB40, s. 3445 Section 3445. 351.04 of the statutes is amended to read:

SB40,1537,5 351.04 District attorney or attorney general to represent secretary. The district attorney for the county in which the person resides, or if the person moves from this state after the person's operating privilege is revoked under s. 351.025 (1) the county in which the person resided at the time the operating privilege was revoked, who receives the certified copy of record from the secretary under s. 351.03 shall represent the secretary at the hearing under s. 351.027. In the case of nonresidents, the attorney general shall represent the secretary at the hearing.

SB40, s. 3446 Section 3446. 351.05 of the statutes is amended to read:

SB40,1537,18 351.05 Habitual traffic offender or repeat habitual traffic offender determination by the court. The court in which the petition under s. 351.027 is filed shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1). If the person denies he or she was convicted or found in violation of any offense necessary for a holding that he or she is a habitual traffic offender or repeat habitual traffic offender subject to operating privilege revocation under s. 351.025 (1), and if the court is not able to make the determination on the evidence before it, the court may certify the decision of the issue to the court in which the conviction or finding of violation was made. The court to which the certification was made shall conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the court in which the petition was filed.