The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB696,1 Section 1 . 165.755 (1) (b) of the statutes is amended to read:

AB696,4,6 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB696,2 Section 2 . 302.46 (1) (a) of the statutes is amended to read:

AB696,4,17 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB696,3 Section 3 . 341.08 (1g) of the statutes is created to read:

AB696,5,4 341.08 (1g) The department shall require an individual making an application for original registration or for renewal of registration to provide a valid operator's license.

AB696,4 Section 4 . 341.10 (2) (bm) of the statutes is created to read:

AB696,5,6 341.10 (2) (bm) A valid operator's license.

AB696,5 Section 5 . 343.05 (2) (a) (intro.) of the statutes is amended to read:

AB696,5,12 343.05 (2) (a) (intro.) No person may operate a commercial motor vehicle upon a highway or upon premises held out to the public for the use of their motor vehicles, premises provided by employers to employees for the use of their motor vehicles, or premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles in this state unless the person is one of the following:

AB696,6 Section 6 . 343.05 (3) (a) of the statutes is amended to read:

AB696,5,20 343.05 (3) (a) No person may operate a motor vehicle which is not a commercial motor vehicle upon a highway or upon premises held out to the public for the use of their motor vehicles, premises provided by employers to employees for the use of their motor vehicles, or premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicle in this state unless the person possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled, or expired.

AB696,7 Section 7 . 343.05 (5m) of the statutes is created to read:

AB696,5,24 343.05 (5m) Impoundment. (a) 1. Except as provided in subd. 2., if a law enforcement officer arrests, or issues a citation to, a person for a violation of this section or s. 343.44, the officer shall do all of the following:

AB696,5,25 a. Immediately impound the vehicle used in the violation.

AB696,6,1 b. Make an inventory of any property contained in the vehicle.

AB696,6,3 c. Contact any rental or leasing agency registered as owner of the vehicle and any person registered as a holder of a security interest in the vehicle.

AB696,6,7 2. If the operating privilege of the person violating this section expired in the 6 months before the violation and the person has not been previously charged for a violation of this section or s. 343.44, the citing or arresting law enforcement officer is not required to take any of the actions under subd. 1.

AB696,6,11 (b) Subject to par. (f), a vehicle that has been impounded under par. (a) shall be released without payment of any fee related to the impoundment to a person who is found not guilty of the violation of this section or s. 343.44 upon which the impoundment is based.

AB696,6,14 (c) In addition to other penalties for violation of this section or s. 343.44, the court may order that any vehicle used in a violation of this section or s. 343.44 be impounded. An order for impoundment shall specify all of the following:

AB696,6,15 1. The motor vehicle subject to the order.

AB696,6,16 2. The period of impoundment.

AB696,6,17 3. The law enforcement agency responsible for carrying out the impoundment.

AB696,6,22 (d) Subject to pars. (e) and (f), after the period of impoundment has expired, the owner of the motor vehicle may claim the motor vehicle by paying any forfeiture or fine ordered for a violation of this section or s. 343.44 and any fee imposed under this paragraph. The fee shall include all costs reasonably incurred in impounding the vehicle.

AB696,7,6 (e) 1. If more than 30 days have expired since the period of impoundment has ended and no payment has been received, a notice shall be sent to the owners of the vehicle and holders of a security interest in the vehicle stating that the motor vehicle may be reclaimed upon payment of accrued charges and compliance with par. (f). The notice shall set forth the year, make, model, and serial number of the motor vehicle and the place where the motor vehicle is being held. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the motor vehicle under this section shall be considered a waiver of all right, title, and interest in the motor vehicle and a consent to the sale of the motor vehicle.

AB696,7,14 2. Any impounded motor vehicle not reclaimed by its owner or lienholder may be sold. The law enforcement agency impounding the motor vehicle may dispose of the vehicle by sealed bid or auction sale. At the sale, the highest bid for the motor vehicle shall be accepted unless the bid is considered inadequate by the law enforcement agency, in which event all bids may be rejected. If all bids are rejected or no bid is received, the law enforcement agency may readvertise the sale, adjourn the sale to another date, sell the motor vehicle at a private sale, or junk the motor vehicle.

AB696,7,16 (f) No vehicle that has been impounded under par. (a) may be released unless all of the following apply: