AB75: Bill Text

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.

AB75, s. 3004 Section 3004. 560.036 (1) (e) 1. (intro.) of the statutes is renumbered 560.036 (1) (e) (intro.) and amended to read:

AB75,1494,19 560.036 (1) (e) (intro.) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is currently performing a useful business function and fulfills both one of the following requirements:

AB75, s. 3005 Section 3005. 560.036 (1) (e) 1. a. of the statutes is renumbered 560.036 (1) (e) 2.

AB75, s. 3006 Section 3006. 560.036 (1) (e) 1. b. of the statutes is repealed.

AB75, s. 3007 Section 3007. 560.036 (1) (e) 3. of the statutes is created to read:

AB75,1495,2 560.036 (1) (e) 3. It is at least 30 percent owned by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under 8 USC 1101 (a) (20) and it fulfills all of the following criteria:

AB75,1495,4 a. Its day-to-day operations are controlled by the minority group member or members.

AB75,1495,6 b. At least 51 percent of any voting rights attached to its equity securities are held by the minority group member or members.

AB75,1495,8 c. At least 51 percent of the members of its board of directors are appointed by the minority group member or members.

AB75, s. 3008 Section 3008. 560.037 (1) (intro.) of the statutes is amended to read:

AB75,1495,12 560.037 (1) (intro.) Subject to sub. (3), the department may make grants from the appropriation under s. 20.143 (1) (fg) (fw) to the women's business initiative corporation to fund its operating costs if all of the following apply:

AB75, s. 3009 Section 3009. 560.06 of the statutes is repealed.

AB75, s. 3010 Section 3010. 560.07 (8) of the statutes is repealed.

AB75, s. 3011 Section 3011. 560.07 (9) of the statutes is repealed.

AB75, s. 3012 Section 3012. 560.122 of the statutes is created to read:

AB75,1495,20 560.122 Film project grants program. The department may award a grant from the appropriation under s. 20.143 (1) (bp) for a film-related or video-related project that creates long-term jobs in this state. The department shall promulgate rules necessary for the administration of this program.

AB75, s. 3013 Section 3013. 560.125 of the statutes is repealed.

AB75, s. 3014 Section 3014. 560.126 (2) (b) 2. of the statutes is amended to read:

AB75,1495,24 560.126 (2) (b) 2. Whether the applicant is a small business, a minority owned business under s. 560.80 (8) 560.036 (1) (e), a locally owned business, or a farm.

AB75, s. 3015 Section 3015. 560.13 (2) (a) 2. (intro.) of the statutes is amended to read:

AB75,1496,3 560.13 (2) (a) 2. (intro.) All of the following are unknown, cannot be located, or are financially unable to pay the cost of brownfields redevelopment or associated environmental remediation activities:

AB75, s. 3016 Section 3016. 560.13 (2) (b) 1. of the statutes is amended to read:

AB75,1496,9 560.13 (2) (b) 1. The contribution required under par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds, excluding funds obtained under the program under s. 560.17 or under any program under subch. II or V or VII of this chapter. In-kind contributions shall be limited to actual remediation services.

AB75, s. 3017 Section 3017. 560.13 (3) (a) (intro.) of the statutes is renumbered 560.13 (3) (intro.) and amended to read:

AB75,1496,14 560.13 (3) (intro.) The department shall award grants may consider the following criteria in making awards under this section on the basis of the following criteria:

AB75, s. 3018 Section 3018. 560.13 (3) (a) 1. of the statutes is renumbered 560.13 (3) (a).

AB75, s. 3019 Section 3019. 560.13 (3) (a) 2. of the statutes is repealed.

AB75, s. 3020 Section 3020. 560.13 (3) (a) 3. of the statutes is repealed.

AB75, s. 3021 Section 3021. 560.13 (3) (a) 4. of the statutes is repealed.

AB75, s. 3022 Section 3022. 560.13 (3) (b) of the statutes is repealed.

AB75, s. 3023 Section 3023. 560.13 (3) (c) of the statutes is created to read:

AB75,1496,21 560.13 (3) (c) The level of financial commitment by the applicant to the project.

AB75, s. 3024 Section 3024. 560.13 (3) (d) of the statutes is created to read:

AB75,1496,24 560.13 (3) (d) The extent and degree of soil and groundwater contamination at the project site.

AB75, s. 3025 Section 3025. 560.13 (3) (e) of the statutes is created to read:

AB75,1497,2 560.13 (3) (e) The adequacy and completeness of the site investigation and remediation plan.

AB75, s. 3026 Section 3026. 560.13 (3) (f) of the statutes is created to read:

AB75,1497,5 560.13 (3) (f) Any other factors considered by the department to be relevant to assessing the viability and feasibility of the project.

AB75, s. 3027 Section 3027. 560.138 (1) (at) of the statutes is renumbered 560.138 (1) (at) (intro.) and amended to read:

AB75,1497,9 560.138 (1) (at) (intro.) "Professional services" has the meaning given in s. 560.17 (1) (c). includes all of the following:

AB75, s. 3028 Section 3028. 560.138 (1) (at) 1., 2., 3. and 4. of the statutes are created to read:

AB75,1497,12 560.138 (1) (at) 1. Preparing preliminary feasibility studies, feasibility studies, or business and financial plans.

AB75,1497,13 2. Providing a financial package.

AB75,1497,14 3. Performing engineering studies, appraisals, or marketing assistance.

AB75,1497,15 4. Providing related legal, accounting, or managerial services.

AB75, s. 3029 Section 3029. 560.138 (7) of the statutes is created to read:

AB75,1497,21 560.138 (7) The department may charge the recipient of a grant or loan under this section an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

AB75, s. 3030 Section 3030. 560.139 (2) of the statutes is repealed.

AB75, s. 3031 Section 3031. 560.139 (3) of the statutes is repealed.

AB75, s. 3032 Section 3032. 560.139 (4) of the statutes is created to read:

AB75,1498,5 560.139 (4) Origination fee. The department may charge the recipient of a grant or loan under sub. (1) (a), (2), or (3) an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

AB75, s. 3033 Section 3033. 560.14 of the statutes is repealed.