This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB696,1 1Section 1 . 165.755 (1) (b) of the statutes is amended to read:
AB696,4,62 165.755 (1) (b) A court may not impose the crime laboratories and drug law
3enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a
4financial responsibility violation under s. 344.62 (2),
or for a violation of a state law
5or municipal or county ordinance involving a nonmoving traffic violation, a violation
6under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
AB696,2 7Section 2 . 302.46 (1) (a) of the statutes is amended to read:
AB696,4,178 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
9or for a violation of a municipal or county ordinance except for a violation of s. 101.123
10(2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation
11of state laws or municipal or county ordinances involving nonmoving traffic
12violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
13347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
14amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
15If multiple offenses are involved, the court shall determine the jail surcharge on the
16basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
17the court shall reduce the jail surcharge in proportion to the suspension.
AB696,3
1Section 3 . 341.08 (1g) of the statutes is created to read:
AB696,5,42 341.08 (1g) The department shall require an individual making an application
3for original registration or for renewal of registration to provide a valid operator's
4license.
AB696,4 5Section 4 . 341.10 (2) (bm) of the statutes is created to read:
AB696,5,66 341.10 (2) (bm) A valid operator's license.
AB696,5 7Section 5 . 343.05 (2) (a) (intro.) of the statutes is amended to read:
AB696,5,128 343.05 (2) (a) (intro.) No person may operate a commercial motor vehicle upon
9a highway or upon premises held out to the public for the use of their motor vehicles,
10premises provided by employers to employees for the use of their motor vehicles, or
11premises provided to tenants of rental housing in buildings of 4 or more units for the
12use of their motor vehicles
in this state unless the person is one of the following:
AB696,6 13Section 6 . 343.05 (3) (a) of the statutes is amended to read:
AB696,5,2014 343.05 (3) (a) No person may operate a motor vehicle which is not a commercial
15motor vehicle upon a highway or upon premises held out to the public for the use of
16their motor vehicles, premises provided by employers to employees for the use of
17their motor vehicles, or premises provided to tenants of rental housing in buildings
18of 4 or more units for the use of their motor vehicle
in this state unless the person
19possesses a valid operator's license issued to the person by the department which is
20not revoked, suspended, canceled, or expired.
AB696,7 21Section 7 . 343.05 (5m) of the statutes is created to read:
AB696,5,2422 343.05 (5m) Impoundment. (a) 1. Except as provided in subd. 2., if a law
23enforcement officer arrests, or issues a citation to, a person for a violation of this
24section or s. 343.44, the officer shall do all of the following:
AB696,5,2525 a. Immediately impound the vehicle used in the violation.
AB696,6,1
1b. Make an inventory of any property contained in the vehicle.
AB696,6,32 c. Contact any rental or leasing agency registered as owner of the vehicle and
3any person registered as a holder of a security interest in the vehicle.
AB696,6,74 2. If the operating privilege of the person violating this section expired in the
56 months before the violation and the person has not been previously charged for a
6violation of this section or s. 343.44, the citing or arresting law enforcement officer
7is not required to take any of the actions under subd. 1.
AB696,6,118 (b) Subject to par. (f), a vehicle that has been impounded under par. (a) shall
9be released without payment of any fee related to the impoundment to a person who
10is found not guilty of the violation of this section or s. 343.44 upon which the
11impoundment is based.
AB696,6,1412 (c) In addition to other penalties for violation of this section or s. 343.44, the
13court may order that any vehicle used in a violation of this section or s. 343.44 be
14impounded. An order for impoundment shall specify all of the following:
AB696,6,1515 1. The motor vehicle subject to the order.
AB696,6,1616 2. The period of impoundment.
AB696,6,1717 3. The law enforcement agency responsible for carrying out the impoundment.
AB696,6,2218 (d) Subject to pars. (e) and (f), after the period of impoundment has expired, the
19owner of the motor vehicle may claim the motor vehicle by paying any forfeiture or
20fine ordered for a violation of this section or s. 343.44 and any fee imposed under this
21paragraph. The fee shall include all costs reasonably incurred in impounding the
22vehicle.
AB696,7,623 (e) 1. If more than 30 days have expired since the period of impoundment has
24ended and no payment has been received, a notice shall be sent to the owners of the
25vehicle and holders of a security interest in the vehicle stating that the motor vehicle

1may be reclaimed upon payment of accrued charges and compliance with par. (f). The
2notice shall set forth the year, make, model, and serial number of the motor vehicle
3and the place where the motor vehicle is being held. The notice shall state that the
4failure of the owner or lienholders to exercise their rights to reclaim the motor vehicle
5under this section shall be considered a waiver of all right, title, and interest in the
6motor vehicle and a consent to the sale of the motor vehicle.
AB696,7,147 2. Any impounded motor vehicle not reclaimed by its owner or lienholder may
8be sold. The law enforcement agency impounding the motor vehicle may dispose of
9the vehicle by sealed bid or auction sale. At the sale, the highest bid for the motor
10vehicle shall be accepted unless the bid is considered inadequate by the law
11enforcement agency, in which event all bids may be rejected. If all bids are rejected
12or no bid is received, the law enforcement agency may readvertise the sale, adjourn
13the sale to another date, sell the motor vehicle at a private sale, or junk the motor
14vehicle.
AB696,7,1615 (f) No vehicle that has been impounded under par. (a) may be released unless
16all of the following apply:
AB696,7,1817 1. The motor vehicle is registered under ch. 341 or exempt from registration
18under s. 341.05.
AB696,7,2019 2. The person to whom the vehicle is released provides a valid motor vehicle
20operator's license.
AB696,7,2421 3. The person to whom the vehicle is released provides proof that the person
22has in effect a motor vehicle liability policy, as defined under s. 344.61 (2), with
23respect to the vehicle or proof that an exception under s. 344.63 (1) applies with
24respect to the vehicle.
AB696,8 25Section 8 . 343.05 (6) of the statutes is amended to read:
AB696,8,4
1343.05 (6) Other offenses; penalties. Section Except as provided in sub. (5m),
2s.
343.44 and the penalties thereunder shall apply in lieu of this section to any person
3operating a motor vehicle upon a highway or other covered premises in this state
4with an operator's license which is revoked or suspended.
AB696,9 5Section 9. 343.21 (1) (jg) of the statutes is created to read:
AB696,8,86 343.21 (1) (jg) In addition to any other fee under this subsection, for
7reinstatement of an operating privilege previously revoked or suspended resulting
8from the conviction of an offense under s. 344.62 (1), $28.
AB696,10 9Section 10 . 343.44 (1) (a) of the statutes is amended to read:
AB696,8,2210 343.44 (1) (a) Operating while suspended. No person whose operating privilege
11has been duly suspended under the laws of this state may operate a motor vehicle
12upon any highway or upon premises held out to the public for the use of their motor
13vehicles, premises provided by employers to employees for the use of their motor
14vehicles, or premises provided to tenants of rental housing in buildings of 4 or more
15units for the use of their motor vehicle
in this state during the period of suspension
16or in violation of any restriction on an occupational license issued to the person
17during the period of suspension. A person's knowledge that his or her operating
18privilege is suspended is not an element of the offense under this paragraph. In this
19paragraph, “restriction on an occupational license" means restrictions imposed
20under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles
21allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol,
22controlled substances or controlled substance analogs.
AB696,11 23Section 11 . 343.44 (1) (b) of the statutes is amended to read:
AB696,9,1124 343.44 (1) (b) Operating while revoked. No person whose operating privilege
25has been duly revoked under the laws of this state may operate a motor vehicle upon

1any highway or upon premises held out to the public for the use of their motor
2vehicles, premises provided by employers to employees for the use of their motor
3vehicles, or premises provided to tenants of rental housing in buildings of 4 or more
4units for the use of their motor vehicles
in this state during the period of revocation
5or in violation of any restriction on an occupational license issued to the person
6during the period of revocation. A person's knowledge that his or her operating
7privilege is revoked is not an element of the offense under this paragraph. In this
8paragraph, “restriction on an occupational license" means restrictions imposed
9under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles
10allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol,
11controlled substances or controlled substance analogs.
AB696,12 12Section 12 . 343.44 (4) of the statutes is repealed.
AB696,13 13Section 13 . 343.44 (5) of the statutes is repealed.
AB696,14 14Section 14 . 344.25 (title) of the statutes is amended to read:
AB696,9,16 15344.25 (title) Suspension for nonpayment of judgment or certain
16financial responsibility violations
; exceptions.
AB696,15 17Section 15 . 344.25 of the statutes is renumbered 344.25 (1), and 344.25 (1) (f),
18as renumbered, is amended to read:
AB696,9,2119 344.25 (1) (f) Notwithstanding sub. (5), subs. (2) and (3) par. (e), pars. (b) and
20(c)
apply to a damage judgment in accordance with s. 344.05 against a resident of this
21state which has been entered by an Indian tribal court in this state.
AB696,16 22Section 16 . 344.25 (2m) of the statutes is created to read:
AB696,9,2523 344.25 (2m) The secretary shall suspend a person's operating privilege and all
24registrations of the person upon receiving a record of conviction showing that the
25person has been convicted of an offense under s. 344.62 (1).
AB696,17
1Section 17. 344.26 (title) of the statutes is repealed and recreated to read:
AB696,10,2 2344.26 (title) Term of suspension.
AB696,18 3Section 18 . 344.26 (1) (a) of the statutes is amended to read:
AB696,10,124 344.26 (1) (a) Subject to the exceptions stated in ss. 344.25 (2) (1) (b) and 344.27
5(2), any operating privilege or registration suspended or revoked under s. 344.25 (1)
6shall remain suspended or revoked for 5 years from the date of entry of judgment or
7until the judgment is stayed, satisfied, or discharged, whichever is earlier, and,
8unless 3 years have elapsed since the date on which the judgment was stayed,
9satisfied, or discharged or 8 years have elapsed since the date of entry of judgment,
10whichever is earlier, or unless the person is a nonresident, until the person whose
11operating privilege and registration was suspended or revoked furnishes and
12maintains in effect proof of financial responsibility for the future.
AB696,19 13Section 19 . 344.26 (1) (am) of the statutes is created to read:
AB696,10,1814 344.26 (1) (am) Any operating privilege or registration suspended under s.
15344.25 (2m) for an offense under s. 344.62 (1) shall remain suspended for 3 years from
16the date of conviction or until the person whose operating privilege and registration
17was suspended furnishes and maintains in effect proof of financial responsibility for
18the future.
AB696,20 19Section 20 . 344.26 (1) (b) (intro.) of the statutes is amended to read:
AB696,10,2520 344.26 (1) (b) (intro.) If suspension of any operating privilege or registration
21under s. 344.25 (1) was terminated before 5 years from the date of entry of judgment
22because an exception under s. 344.25 (2) (1) (b) or 344.27 (2) applied and the
23judgment debtor's operating privilege or registration is subsequently suspended
24under s. 344.25 (2) (1) (b) or 344.27 (3), the operating privilege or registration shall
25remain suspended for all of the following periods:
AB696,21
1Section 21. 344.26 (1) (b) 1. of the statutes is amended to read:
AB696,11,82 344.26 (1) (b) 1. Five years from the date of suspension under s. 344.25 (2) (1)
3(b)
or 344.27 (3) or until the judgment is stayed, satisfied, or discharged, whichever
4is earlier. A suspension period that commences on the date of suspension under s.
5344.25 (2) (1) (b) or 344.27 (3) under this subdivision shall be reduced by the amount
6of time that the judgment debtor's operating privilege or registration was suspended
7under s. 344.25 (1) before one of the exceptions under s. 344.25 (2) (1) (b) or 344.27
8(2) was satisfied.
AB696,22 9Section 22 . 344.62 (1) of the statutes is amended to read:
AB696,11,2410 344.62 (1) Except as provided in s. 344.63, no person may operate a motor
11vehicle upon a highway or upon premises held out to the public for the use of their
12motor vehicles, premises provided by employers to employees for the use of their
13motor vehicles, or premises provided to tenants of rental housing in buildings of 4 or
14more units for the use of their motor vehicles
in this state unless the owner or
15operator of the vehicle has in effect a motor vehicle liability policy with respect to the
16vehicle being operated. A traffic officer shall cite a person under this subsection if
17the traffic officer does not know that the person is operating his or her motor vehicle
18in compliance with this subsection and the person does not have in his or her
19immediate possession proof of compliance with this subsection. At the time that a
20citation is issued for a violation of this subsection, the law enforcement officer issuing
21the citation shall inform the person to whom the citation is issued that the penalty
22amount may be reduced if the person obtains a motor vehicle liability policy with
23respect to the motor vehicle operated in the violation no later than the time of the
24person's appearance in court.
AB696,23 25Section 23 . 344.62 (2) of the statutes is repealed.
AB696,24
1Section 24. 344.64 of the statutes is repealed.
AB696,25 2Section 25 . 344.65 (1) (a) of the statutes is renumbered 344.65 (1) (a) 1. and
3amended to read:
AB696,12,104 344.65 (1) (a) 1. Any Except as provided in subds. 2. to 4., any person who
5violates s. 344.62 (1) may shall be required to forfeit not more than $500 $100 for a
6first offense and not less than $250, plus costs, fees, and surcharges as provided in
7s. 345.47 (1), nor more than $750, plus costs, fees, and surcharges as provided in s.
8345.47 (1), for a 2nd or subsequent offense occurring within 3 years.
9Notwithstanding s. 345.47 (1), the court may not impose costs, fees, or surcharges for
10a first offense under this subdivision
.
AB696,26 11Section 26 . 344.65 (1) (a) 2. of the statutes is created to read:
AB696,12,1612 344.65 (1) (a) 2. Any person who commits a 2nd or subsequent violation of s.
13344.62 (1) and, in the course of the violation, causes great bodily harm, as defined in
14s. 939.22 (14), to another person may be required to forfeit not less than $250, plus
15costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $2,500, plus
16costs, fees, and surcharges as provided in s. 345.47 (1).
AB696,27 17Section 27 . 344.65 (1) (a) 3. of the statutes is created to read:
AB696,12,2118 344.65 (1) (a) 3. Any person who violates s. 344.62 (1) and, in the course of the
19violation, causes the death of another person may be required to forfeit not less than
20$500, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than
21$7,500, plus costs, fees, and surcharges as provided in s. 345.47 (1).
AB696,28 22Section 28 . 344.65 (1) (a) 4. of the statutes is created to read:
AB696,13,523 344.65 (1) (a) 4. If, no later than the time of the person's appearance in court,
24the person provides proof that he or she currently has in effect a motor vehicle
25liability policy with respect to the motor vehicle operated in the alleged violation of

1s. 344.62 (1) for a person's first violation of s. 344.62 (1) in the person's lifetime, the
2court may not impose a penalty or any cost, fee, or surcharge associated with the
3violation. This proof may be provided to the clerk of courts in the county where the
4offense allegedly occurred. This subdivision does not apply to a violation to which
5subd. 3. applies.
AB696,29 6Section 29 . 344.65 (1) (b) of the statutes is repealed.
AB696,30 7Section 30 . 344.65 (1) (c) of the statutes is amended to read:
AB696,13,218 344.65 (1) (c) No person charged with violating s. 344.62 (2) (1) may be
9convicted if the person produces proof that he or she was in compliance with s. 344.62
10(1) at the time the person was issued a uniform traffic citation for violating s. 344.62
11(2)
the violation. This proof may be produced either at the time of the person's
12appearance in court in response to the citation; if provided before the time of the
13person's appearance in court, to the clerk of courts in the county where the offense
14allegedly occurred;
or, if provided within 10 days of the citation, in the office of the
15traffic officer issuing the citation. This proof may be produced in either paper or
16electronic format, including by display of electronic images on a cellular telephone
17or other electronic device. If this proof is displayed in electronic format on any
18cellular telephone or other electronic device, the person to whom the proof is
19displayed may not view, and producing proof in electronic format is not considered
20consent for the person to view, any content on the telephone or other device except
21the proof required under s. 344.62 (2) to demonstrate compliance with s. 344.62 (1).
AB696,31 22Section 31 . 344.65 (2) of the statutes is repealed.
AB696,32 23Section 32. 628.34 (14) (d) 2. c. of the statutes is repealed.
AB696,33 24Section 33 . 757.05 (1) (a) of the statutes is amended to read:
AB696,14,10
1757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
2state law or for a violation of a municipal or county ordinance except for a violation
3of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2),
4or for a violation of state laws or municipal or county ordinances involving
5nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
6violations under s. 347.48 (2m), there shall be imposed in addition a penalty
7surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
8If multiple offenses are involved, the penalty surcharge shall be based upon the total
9fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
10in part, the penalty surcharge shall be reduced in proportion to the suspension.
AB696,34 11Section 34 . 814.63 (1) (c) of the statutes is amended to read:
AB696,14,1512 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
13101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a
14violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48
15(2m).
AB696,35 16Section 35 . 814.63 (2) of the statutes is amended to read:
AB696,14,2317 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
18violation of a county, town, city, village, town sanitary district, or public inland lake
19protection and rehabilitation district ordinance, except for an action for a financial
20responsibility violation under s. 344.62 (2) or
for a violation under s. 343.51 (1m) (b)
21or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town
22sanitary district, or public inland lake protection and rehabilitation district shall pay
23a nonrefundable fee of $5 to the clerk of circuit court.
AB696,36 24Section 36 . 814.65 (1) of the statutes is amended to read:
AB696,15,9
1814.65 (1) Court costs. In a municipal court action, except for a financial
2responsibility violation under s. 344.62 (2) or
for a violation of an ordinance in
3conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
4a fee of not less than $15 nor more than $38 on each separate matter, whether it is
5on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
6summons, or the action is tried as a contested matter. Of each fee received by the
7judge under this subsection, the municipal treasurer shall pay monthly $5 to the
8secretary of administration for deposit in the general fund and shall retain the
9balance for the use of the municipality.
AB696,37 10Section 37 . 814.85 (1) (a) of the statutes is amended to read:
AB696,15,1611 814.85 (1) (a) Except for an action for a financial responsibility violation under
12s. 344.62 (2), or
for a violation under s. 343.51 (1m) (b) or a safety belt use violation
13under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
14support services surcharge from any person, including any governmental unit as
15defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
16(1).
AB696,38 17Section 38 . 814.86 (1) of the statutes is amended to read:
AB696,15,2418 814.86 (1) Except for an action for a financial responsibility violation under s.
19344.62 (2), or
for a violation under s. 343.51 (1m) (b) or a safety belt use violation
20under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
21information system surcharge from any person, including any governmental unit, as
22defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
23(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
24addition to the surcharge listed in sub. (1m).
AB696,39 25Section 39 . Fiscal changes.
AB696,16,7
1(1) In the schedule under s. 20.005 (3) for the appropriation to the department
2of transportation under s. 20.395 (5) (cq), the dollar amount for fiscal year 2019-20
3is increased by $576,450 to increase funding for enforcing and administering the
4motor vehicle financial responsibility program. In the schedule under s. 20.005 (3)
5for the appropriation to the department of transportation under s. 20.395 (5) (cq), the
6dollar amount for fiscal year 2020-21 is increased by $562,900 to increase funding
7for enforcing and administering the motor vehicle financial responsibility program.
Loading...
Loading...