AB75: Bill Text

AB75, s. 2968 Section 2968. 345.05 (1) (a) of the statutes is renumbered 345.05 (1) (am).

AB75, s. 2969 Section 2969. 345.05 (1) (ag) of the statutes is created to read:

AB75,1481,7 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1039.

AB75, s. 2970 Section 2970. 345.05 (2) of the statutes is amended to read:

AB75,1481,17 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body thereof of the municipality, or the board of directors of the authority, may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.

AB75, s. 2971 Section 2971. 346.01 (2) of the statutes is amended to read:

AB75,1481,23 346.01 (2) In this chapter, notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.375, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.575, 346.675, and 346.945.

AB75, s. 2972 Section 2972. 346.375 of the statutes is created to read:

AB75,1482,6 346.375 Owner's liability for traffic control signal violations detected by photographic systems. (1) In this section, "traffic control photographic system" means an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed for use with an official traffic control signal to automatically produce photographs or video or digital images, stamped with the time and date, of vehicles moving through an intersection.

AB75,1482,13 (2) The department, and any local authority, may use traffic control photographic systems on highways under its jurisdiction for the purpose of detecting any violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. Subject to sub. (4) (b), the owner of a vehicle involved in a violation of s. 346.37 (1) (c) 1. or 3., or of a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3., that is detected by a traffic control photographic system shall be liable for the violation as provided in this section.

AB75,1482,19 (3) If a traffic officer prepares a uniform traffic citation under s. 345.11 for a violation of this section, the officer shall serve the owner of the vehicle with the citation by mailing the citation by certified mail addressed to the owner's last-known address within 72 hours after the violation. A traffic officer shall send with the citation a duplicate of each photograph, video, or digital image, taken by the traffic control photographic system, of the vehicle involved in the violation.

AB75,1482,21 (4) (a) Except as provided in par. (b), it is not a defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

AB75,1482,22 (b) All of the following are defenses to a violation of this section:

AB75,1482,25 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within a reasonable time after the violation occurred.

AB75,1483,5 2. That the owner of the vehicle provided a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation. In that case, the person operating the vehicle may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75,1483,10 3. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer with the information required under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75,1483,17 4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the violation the vehicle was being operated by a person on a trial run, and that the dealer provided a traffic officer with the name, address, and operator's license number of the person operating the vehicle. In that case, the person operating the vehicle may be charged with a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3.

AB75, s. 2973 Section 2973. 346.43 (4) of the statutes is created to read:

AB75,1484,2 346.43 (4) A vehicle owner found liable under s. 346.375 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.37 (1) (b) 1. or 3. including, if applicable, the doubling of the forfeiture as provided in sub. (1) (b) 3. For purposes of this subsection, a person's prior violation of s. 346.37 (1) (c) 1. or 3. may be counted as a prior violation of s. 346.375. Imposition of liability under s. 346.375 shall not result in suspension or revocation of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

AB75, s. 2974 Section 2974. 346.50 (2) of the statutes is amended to read:

AB75,1484,15 346.50 (2) Except as provided in sub. (3m), a motor vehicle bearing a special registration plate issued under s. 341.14 (1) or (1r) (a) to a disabled veteran or on his or her behalf is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the disabled veteran to whom or on whose behalf the special plates were plate was issued and to qualified operators acting under the disabled veteran's express direction with the disabled veteran present.

AB75, s. 2975 Section 2975. 346.50 (2a) (intro.) of the statutes is amended to read:

AB75,1485,4 346.50 (2a) (intro.) Except as provided in sub. (3m), a motor vehicle bearing a special registration plates plate issued under s. 341.14 (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a physically disabled person is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the following:

AB75, s. 2976 Section 2976. 346.50 (2a) (a) of the statutes is amended to read:

AB75,1485,7 346.50 (2a) (a) A person to whom plates were a plate was issued under s. 341.14 (1a).

AB75, s. 2977 Section 2977. 346.50 (2a) (b) of the statutes is amended to read:

AB75,1485,11 346.50 (2a) (b) A qualified operator acting under the express direction of a person to whom plates were a plate was issued under s. 341.14 (1a) when such person is present.

AB75, s. 2978 Section 2978. 346.50 (2a) (c) of the statutes is amended to read:

AB75,1485,14 346.50 (2a) (c) A person to whom plates were a plate was issued under s. 341.14 (1m) when the disabled person for whom the plates were plate was issued is present.

AB75, s. 2979 Section 2979. 346.50 (2a) (d) of the statutes is amended to read:

AB75,1485,17 346.50 (2a) (d) A person for whom plates were a plate was issued under s. 341.14 (1q).

AB75, s. 2980 Section 2980. 346.50 (2a) (e) of the statutes is amended to read:

AB75,1485,21 346.50 (2a) (e) A qualified operator acting under the express direction of a person for whom plates were a plate was issued under s. 341.14 (1q) when such person is present.

AB75, s. 2981 Section 2981. 346.50 (2a) (f) of the statutes is amended to read:

AB75,1485,24 346.50 (2a) (f) A person for whom plates were a plate was issued under s. 341.14 (1r) (a).

AB75, s. 2982 Section 2982. 346.50 (2a) (g) of the statutes is amended to read:

AB75,1486,3 346.50 (2a) (g) A qualified operator acting under the express direction of a person for whom plates were a plate was issued under s. 341.14 (1r) (a) when the person is present.

AB75, s. 2983 Section 2983. 346.50 (3) of the statutes is amended to read:

AB75,1486,16 346.50 (3) Except as provided in sub. (3m), a vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a person with a physical disability is exempt from s. 346.505 (2) (a) or any ordinance in conformity therewith prohibiting parking, stopping or standing upon any portion of a street, highway or parking facility reserved for persons with physical disabilities by official traffic signs indicating the restriction. Stopping, standing and parking privileges granted by this subsection are limited to the persons listed under subs. (2) and (2a) (a) to (m).

AB75, s. 2984 Section 2984. 346.50 (3m) (b) 5. of the statutes is amended to read:

AB75,1487,3 346.50 (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.

AB75, s. 2985 Section 2985. 346.503 (1) of the statutes is amended to read:

AB75,1487,11 346.503 (1) In this section, "motor vehicle used by a physically disabled person" means a motor vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB75, s. 2986 Section 2986. 346.505 (2) (a) of the statutes is amended to read:

AB75,1487,22 346.505 (2) (a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503 (1), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB75, s. 2987 Section 2987. 346.505 (2) (b) of the statutes is amended to read:

AB75,1488,7 346.505 (2) (b) No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB75, s. 2988 Section 2988. 346.505 (2) (c) of the statutes is amended to read:

AB75,1488,19 346.505 (2) (c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.

AB75, s. 2989 Section 2989. 346.575 of the statutes is created to read:

AB75,1488,22 346.575 Owner's liability for speed restriction violations detected by photo radar in work zones. (1) In this section:

AB75,1488,24 (a) "Highway work zone" means a highway maintenance or construction area on or adjacent to a highway where persons engaged in work are at risk from traffic.

AB75,1488,25 (b) "Photo radar speed detection" has the meaning given in s. 349.02 (3) (a).

AB75,1489,8 (2) Notwithstanding s. 349.02 (3) (b), any state or local law enforcement agency with jurisdiction over traffic violations may use photo radar speed detection to determine compliance with any speed restriction established under s. 346.57 or 349.11, or a local ordinance in conformity with s. 346.57 or 349.11, in a highway work zone. Subject to sub. (4) (b), the owner of a vehicle involved in a violation of s. 346.57, or a local ordinance in conformity with s. 346.57, in a highway work zone that is determined by photo radar speed detection shall be liable for the violation as provided in this section.

AB75,1489,14 (3) If a traffic officer prepares a uniform traffic citation under s. 345.11 for a violation of this section, the officer shall serve the owner of the vehicle with the citation by mailing the citation by certified mail addressed to the owner's last-known address within 72 hours after the violation. A traffic officer shall send with the citation a duplicate of each photograph, video, or digital image, taken by the photo radar speed detection system, of the vehicle involved in the violation.

AB75,1489,16 (4) (a) Except as provided in par. (b), it is not a defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

AB75,1489,17 (b) All of the following are defenses to a violation of this section:

AB75,1489,20 1. That a report that the vehicle was stolen was made by the owner to a law enforcement agency before the violation occurred or within a reasonable time after the violation occurred.

AB75,1489,25 2. That the owner of the vehicle provided a traffic officer with the name and address of the person operating the vehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation. In that case, the person operating the vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB75,1490,5 3. That the vehicle is owned by a lessor of vehicles and is registered in the name of the lessor, that at the time of the violation the vehicle was in the possession of a lessee, and that the lessor provided a traffic officer with the information required under s. 343.46 (3). In that case, the lessee may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB75,1490,12 4. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but including the persons specified in s. 340.01 (11) (a) to (d), that at the time of the violation the vehicle was being operated by a person on a trial run, and that the dealer provided a traffic officer with the name, address, and operator's license number of the person operating the vehicle. In that case, the person operating the vehicle may be charged with a violation of s. 346.57 or a local ordinance in conformity with s. 346.57.

AB75, s. 2990 Section 2990. 346.60 (6) of the statutes is created to read:

AB75,1490,21 346.60 (6) A vehicle owner found liable under s. 346.575 is subject to a forfeiture in the same amount that may be imposed on a vehicle operator for the corresponding violation of s. 346.57 including, if applicable, the doubling of the forfeiture as provided in sub. (3m) (a). For purposes of this subsection, a person's prior violation of s. 346.57 may be counted as a prior violation of s. 346.575. Imposition of liability under s. 346.575 shall not result in suspension or revocation of a person's operating privilege under s. 343.30 or 343.31, nor shall it result in demerit points being recorded on a person's driving record under s. 343.32 (2) (a).

AB75, s. 2991 Section 2991. 347.48 (2m) (gm) of the statutes is amended to read:

AB75,1491,7 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a A law enforcement officer may not take a person into physical custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.

AB75, s. 2992 Section 2992. 347.50 (2m) (a) of the statutes is amended to read:

AB75,1491,11 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10 $25.

AB75, s. 2993 Section 2993. 348.25 (8) (e) of the statutes is amended to read:

AB75,1491,19 348.25 (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 established by the department by rule per permit if a department telephone call-in procedure or Internet procedure is used. The fee shall approximate the cost to the department for providing this service to persons so requesting.

AB75, s. 2994 Section 2994. 349.13 (1m) of the statutes is amended to read:

AB75,1492,8 349.13 (1m) In addition to the requirements under s. 346.503 (1m), the department, with respect to state trunk highways outside of corporate limits and parking facilities under its jurisdiction, and local authorities, with respect to highways under their jurisdiction including state trunk highways or connecting highways within corporate limits and parking facilities within corporate limits, may, by official traffic signs indicating the restriction, prohibit parking, stopping or standing upon any portion of a street, highway or parking facility reserved for any vehicle bearing a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or any vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB75, s. 2995 Section 2995. 440.25 of the statutes is amended to read:

AB75,1492,17 440.25 Judicial review. The department may seek judicial review under ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the medical examining board or the interested affiliated credentialing board, the attorney general may represent the board. If the attorney general declines to represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) (g) (hg).

AB75, s. 2996 Section 2996. 460.01 (5) of the statutes is amended to read:

AB75,1492,21 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg) means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.

AB75, s. 2997 Section 2997. 551.614 (1) (a) of the statutes is amended to read:

AB75,1493,2 551.614 (1) (a) There shall be a filing fee of $750 $1,000 for every registration statement filed under s. 551.303 or 551.304, and for every notice filing under s. 551.302. If a registration statement is denied or withdrawn before the effective date or a pre-effective stop order is entered under s. 551.306, or a notice filing is withdrawn, the filing fee shall be retained.

AB75, s. 2998 Section 2998. 551.614 (1) (b) 1. a. of the statutes is amended to read:

AB75,1493,5 551.614 (1) (b) 1. a. Elect not to include the information under subd. 1. b. and instead pay a fee of $1,500 $10,000.

AB75, s. 2999 Section 2999. 551.614 (1) (b) 1. b. of the statutes is amended to read:

AB75,1493,11 551.614 (1) (b) 1. b. Report the amount of securities sold to persons in this state during the preceding fiscal year or, if the registration is terminated, during the portion of the preceding fiscal year during which the registration was effective, and pay a fee of 0.05 percent of the dollar amount of the securities sold to persons in this state, but not less than $150 $500 nor more than $1,500 $10,000.

AB75, s. 3000 Section 3000. 551.614 (1) (b) 2. a. of the statutes is amended to read:

AB75,1493,14 551.614 (1) (b) 2. a. Elect not to include the information under subd. 2. b. and instead pay a fee of $1,500 $10,000.

AB75, s. 3001 Section 3001. 551.614 (1) (b) 2. b. of the statutes is amended to read:

AB75,1493,20 551.614 (1) (b) 2. b. Report the amount of securities sold to persons in this state during the preceding fiscal year or, if sales have terminated, during the portion of the preceding fiscal year during which sales were made, and pay a fee of 0.05 percent of the dollar amount of the securities sold to persons in this state, but not less than $150 $500 nor more than $1,500 $10,000.

AB75, s. 3002 Section 3002. 551.614 (2) of the statutes is amended to read:

AB75,1494,7 551.614 (2) Fees related to broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered advisers. Every applicant for an initial or renewal license under s. 551.401, 551.402, 551.403, or 551.404 shall pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30 $60 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative. Every federal covered adviser in this state that is required to make a notice filing under s. 551.405 shall pay an initial or renewal notice filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $30 $60 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.

AB75, s. 3003 Section 3003. 560.031 of the statutes is amended to read:

AB75,1494,13 560.031 Grants for ethanol production facilities. Notwithstanding ss. s. 560.138 (2) (a) and 560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility.