AB75: Bill Text

AB75,1475,2 343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5. forfeit $2,500 for the first offense and $5,000 for the 2nd or subsequent offense within 10 years.

AB75, s. 2956 Section 2956. 343.44 (4r) of the statutes is amended to read:

AB75,1475,8 343.44 (4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she the person or the commercial motor vehicle operated by the person was ordered out-of-service under the law of this state or another jurisdiction or under federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

AB75, s. 2957 Section 2957. 343.50 (5) of the statutes is renumbered 343.50 (5) (a) 1. and amended to read:

AB75,1475,13 343.50 (5) (a) 1. The Except as provided in subd. 2., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

AB75,1475,22 (b) The card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.

AB75, s. 2958 Section 2958. 343.50 (5) of the statutes, as affected by 2007 Wisconsin Act 20, section 3381, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75,1476,3 343.50 (5) (a) 1. Except as provided in subd. 2., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

AB75,1476,5 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:

AB75,1476,9 a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.

AB75,1476,13 b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.

AB75,1476,17 (b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.

AB75,1477,3 (c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

AB75, s. 2959 Section 2959. 343.50 (5) (a) 2. of the statutes is created to read:

AB75,1477,6 343.50 (5) (a) 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:

AB75,1477,10 a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.

AB75,1477,14 b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.

AB75, s. 2960 Section 2960. 343.50 (5m) of the statutes is amended to read:

AB75,1477,21 343.50 (5m) Federal security verification mandate Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a federal security verification mandate card issuance fee of $10 shall be paid to the department.

AB75, s. 2961 Section 2961 . 343.50 (5m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,1478,4 343.50 (5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2.

AB75, s. 2962 Section 2962. 343.51 (1) of the statutes is amended to read:

AB75,1479,3 343.51 (1) Any person who qualifies for a registration plates plate of a special design under s. 341.14 (1), (1a), (1m) or (1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

AB75, s. 2963 Section 2963. 344.01 (2) (d) of the statutes is amended to read:

AB75,1479,13 344.01 (2) (d) "Proof of financial responsibility" or "proof of financial responsibility for the future" means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of such proof, arising out of the maintenance or use of a motor vehicle in the amount of $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, in the amount of $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident and in the amount of $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2964 Section 2964. 344.15 (1) of the statutes is amended to read:

AB75,1479,24 344.15 (1) No policy or bond is effective under s. 344.14 unless issued by an insurer authorized to do an automobile liability or surety business in this state, except as provided in sub. (2), or unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2965 Section 2965. 344.33 (2) of the statutes is amended to read:

AB75,1480,12 344.33 (2) Motor vehicle liability policy. A motor vehicle policy of liability insurance shall insure the person named therein using any motor vehicle with the express or implied permission of the owner, or shall insure any motor vehicle owned by the named insured and any person using such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to the limits exclusive of interest and costs, with respect to each such motor vehicle as follows: $25,000 $100,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000 $300,000 because of bodily injury to or death of 2 or more persons in any one accident, and $10,000 $25,000 because of injury to or destruction of property of others in any one accident.

AB75, s. 2966 Section 2966. 344.45 (1) of the statutes is amended to read:

AB75,1480,20 344.45 (1) Whenever a person's operating privilege or registration is suspended under this chapter, the department may order the person to surrender to the department his or her operator's license and the registration plates plate of the any vehicle or vehicles for which registration was suspended. If the person fails immediately to return the operator's license or registration plates plate to the department, the department may direct a traffic officer to take possession thereof and return them to the department.

AB75, s. 2967 Section 2967. 344.55 (2) of the statutes is amended to read:

AB75,1481,4 344.55 (2) The department may not issue a registration plates plate for such a vehicle unless there is on file with the department a certificate of insurance showing that the vehicle is insured in compliance with sub. (1). No such policy may be terminated prior to its expiration or canceled for any reason unless a notice thereof is filed with the department at least 30 days prior to the date of termination or cancellation. The department shall suspend the registration of a vehicle on which the insurance policy has been terminated or canceled, effective on the date of termination or cancellation.

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.