SB374, s. 11 12Section 11. 344.33 (1) of the statutes is amended to read:
SB374,10,1813 344.33 (1) Certification. In this chapter ss. 344.30 to 344.34, "motor vehicle
14liability policy" means a motor vehicle policy of liability insurance, certified as
15provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and
16issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an
17automobile
a motor vehicle liability business in this state to or for the benefit of the
18person named in the policy as the insured.
SB374, s. 12 19Section 12. 344.35 (title) of the statutes is amended to read:
SB374,10,20 20344.35 (title) This chapter Section 344.33 not to affect other policies.
SB374, s. 13 21Section 13. 344.35 (1) of the statutes is amended to read:
SB374,11,222 344.35 (1) This chapter Section 344.33 does not apply to or affect policies of
23automobile motor vehicle insurance against liability which may now or hereafter be
24required by any other law of this state. If such policies contain an agreement or are

1endorsed to conform to the requirements of this chapter s. 344.33, they may be
2certified as proof of financial responsibility under this chapter.
SB374, s. 14 3Section 14. 344.35 (2) of the statutes is amended to read:
SB374,11,74 344.35 (2) This chapter Section 344.33 does not apply to or affect policies
5insuring solely the insured named in the policy against liability resulting from the
6maintenance or use by persons in the insured's employ or on the insured's behalf of
7motor vehicles not owned by the insured.
SB374, s. 15 8Section 15. 344.51 (1m) of the statutes is amended to read:
SB374,11,209 344.51 (1m) No lessor or rental company may for compensation rent or lease
10any motor vehicle unless there is filed with the department on a form prescribed by
11the department a certificate for a good and sufficient bond or policy of insurance
12issued by an insurer authorized to do an automobile a motor vehicle liability
13insurance or surety business in this state. The certificate shall provide that the
14insurer which issued it will be liable for damages caused by the negligent operation
15of the motor vehicle in the amounts set forth in s. 344.01 (2) (d). No lessor or rental
16company complying with this subsection, and no lessor or rental company entering
17into or acquiring an interest in any contract for the rental or leasing of a motor vehicle
18for which any other lessor or rental company has complied with this subsection, is
19liable for damages caused by the negligent operation of the motor vehicle by another
20person.
SB374, s. 16 21Section 16. 345.61 (1) (a) of the statutes is amended to read:
SB374,12,222 345.61 (1) (a) Any domestic or foreign surety company which that has qualified
23to transact surety business in this state may, in any year, become surety in an amount
24not to exceed $200 with respect to any guaranteed arrest bond certificates issued in
25such year by an automobile club, by an association , or by an insurance company

1authorized to write automobile motor vehicle liability insurance within this state, by
2filing with the commissioner of insurance an undertaking thus to become surety.
SB374, s. 17 3Section 17. 345.61 (2) (c) of the statutes is amended to read:
SB374,12,144 345.61 (2) (c) "Guaranteed arrest bond certificate," as used in this section,
5means any printed card or other certificate issued by an automobile club, association,
6or insurance company to any of its members or insureds, which card or certificate is
7signed by the member or insureds and contains a printed statement that the
8automobile club, association, or insurance company and a surety company, or an
9insurance company authorized to transact both automobile motor vehicle liability
10insurance and surety business, guarantee the appearance of the persons whose
11signature appears on the card or certificate and that they will, in the event of failure
12of the person to appear in court at the time of trial, pay any fine or forfeiture imposed
13on the person, plus costs, fees, and surcharges imposed under ch. 814, in an amount
14not exceeding $200, or $1,000 as provided in sub. (1) (b).
SB374, s. 18 15Section 18. 345.61 (3) of the statutes is amended to read:
SB374,13,1016 345.61 (3) Any guaranteed arrest bond certificate with respect to which a
17surety company has become surety, or a guaranteed arrest bond certificate issued by
18an insurance company authorized to transact both automobile motor vehicle liability
19insurance and surety business within this state as herein provided, shall, when
20posted by the person whose signature appears thereon, be accepted in lieu of cash bail
21or other bond in an amount not to exceed $200, or $1,000 as provided in sub. (1) (b),
22as a bail bond, to guarantee the appearance of such person in any court in this state,
23including all municipal courts in this state, at such time as may be required by such
24court, when the person is arrested for violation of any vehicle law of this state or any
25motor vehicle ordinance of any county or municipality in this state except for the

1offense of driving under the influence of intoxicating liquors or of drugs or for any
2felony committed prior to the date of expiration shown on such guaranteed arrest
3bond certificates; provided, that any such guaranteed arrest bond certificates so
4posted as bail bond in any court in this state shall be subject to the forfeiture and
5enforcement provisions with respect to bail bonds in criminal cases as otherwise
6provided by law or as hereafter may be provided by law, and that any such
7guaranteed arrest bond certificate posted as a bail bond in any municipal court of this
8state shall be subject to the forfeiture and enforcement provisions, if any, of the
9charter or ordinance of the particular county or municipality pertaining to bail bonds
10posted.
SB374, s. 19 11Section 19. 346.73 of the statutes is amended to read:
SB374,13,21 12346.73 Accident reports not to be used in trial. Notwithstanding s. 346.70
13(4) (f), accident reports required to be filed with or transmitted to the department or
14a county or municipal authority shall not be used as evidence in any judicial trial,
15civil or criminal, arising out of an accident, except that such reports may be used as
16evidence in a trial for a violation of s. 344.10 or in any administrative proceeding
17conducted by the department. The department shall furnish upon demand of any
18person who has or claims to have made such a report, or upon demand of any court,
19a certificate showing that a specified accident report has or has not been made to the
20department solely to prove a compliance or a failure to comply with the requirement
21that such a report be made to the department.
SB374, s. 20 22Section 20. 757.05 (1) (a) of the statutes is amended to read:
SB374,14,1023 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
24state law or for a violation of a municipal or county ordinance except for a violation
25of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility

1violation under s. 344.10 (1) (a),
or for a first violation of s. 23.33 (4c) (a) 2., 30.681
2(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
3had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
4violation, or 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.
SB374, s. 21 11Section 21. 814.63 (1) (c) of the statutes is amended to read:
SB374,14,1812 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
13101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility
14violation under s. 344.10 (1) (a),
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
15(b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had
16a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
17violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
18s. 347.48 (2m).
SB374, s. 22 19Section 22. 814.63 (2) of the statutes is amended to read:
SB374,15,420 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
21violation of a county, town, city, village, town sanitary district or public inland lake
22protection and rehabilitation district ordinance, except for an action for a first
23violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
24person who committed the violation had a blood alcohol concentration of 0.08 or more
25but less than 0.1 at the time of the violation, for a financial responsibility violation

1under s. 344.10 (1) (a),
or for a violation under s. 343.51 (1m) (b) or a safety belt use
2violation under s. 347.48 (2m), the county, town, city, village, town sanitary district
3or public inland lake protection and rehabilitation district shall pay a nonrefundable
4fee of $5 to the clerk of circuit court.
SB374, s. 23 5Section 23. 814.65 (1) of the statutes is amended to read:
SB374,15,176 814.65 (1) Court costs. In a municipal court action, except for an action for
7a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
8(b), if the person who committed the violation had a blood alcohol concentration of
90.08 or more but less than 0.1 at the time of the violation, for a financial responsibility
10violation under s. 344.10 (1) (a),
or for a violation of an ordinance in conformity with
11s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less
12than $15 nor more than $28 on each separate matter, whether it is on default of
13appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or
14the action is tried as a contested matter. Of each fee received by the judge under this
15subsection, the municipal treasurer shall pay monthly $5 to the secretary of
16administration for deposit in the general fund and shall retain the balance for the
17use of the municipality.
SB374, s. 24 18Section 24. 814.85 (1) (a) of the statutes is amended to read:
SB374,16,219 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
2030.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
21violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
22time of the violation, for a financial responsibility violation under s. 344.10 (1) (a),
23or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48
24(2m), the clerk of circuit court shall charge and collect a $68 court support services

1surcharge from any person, including any governmental unit as defined in s. 108.02
2(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
SB374, s. 25 3Section 25. 814.86 (1) of the statutes is amended to read:
SB374,16,134 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
5(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
6had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
7violation, for a financial responsibility violation under s. 344.10 (1) (a), or for a
8violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m),
9the clerk of circuit court shall charge and collect a $12 justice information system
10surcharge from any person, including any governmental unit, as defined in s. 108.02
11(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or
12(b), or 814.63 (1). The justice information system surcharge is in addition to the
13surcharge listed in sub. (1m).
SB374, s. 26 14Section 26 . Nonstatutory provisions.
SB374,16,1815 (1) The department of transportation shall submit in proposed form the rule
16required under section 344.10 (1) (b) 3. of the statutes, as created by this act, to the
17legislative council staff under section 227.15 (1) of the statutes no later than the first
18day of the 9th month beginning after the effective date of this subsection.
SB374,17,219 (2) Using the procedure under section 227.24 of the statutes, the department
20of transportation shall promulgate the rule described under section 344.10 (1) (b) 3.
21of the statutes, as created by this act, for the period before the permanent rule
22becomes effective, but not to exceed the period authorized under section 227.24 (1)
23(c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of
24the statutes, the department of transportation is not required to provide evidence
25that promulgating a rule under this subsection as an emergency rule is necessary for

1the preservation of the public peace, health, safety, or welfare and is not required to
2provide a finding of emergency for the rules promulgated under this subsection.
SB374, s. 27 3Section 27. Effective dates. This act takes effect on the first day of the 12th
4month commencing after publication, except as follows:
SB374,17,55 (1) Section 26 of this act takes effect on the day after publication.
SB374,17,66 (End)
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