LRB-1274/1
PJH:wlj:rs
2005 - 2006 LEGISLATURE
April 27, 2005 - Introduced by Representatives Schneider and Hines. Referred to
Committee on Transportation.
AB373,1,3
1An Act to amend 343.23 (2) (b) and 343.23 (2) (b) of the statutes;
relating to:
2maintaining records of certain driving offenses related to operating a motor
3vehicle while intoxicated.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) maintains a
record of a licensed driver's driving history. Currently, DOT maintains permanently
a person's record of convictions, suspensions, or revocations that are related to
operating a vehicle while intoxicated, except that a person's first offense for most
violations related to operating a vehicle while intoxicated are purged after 10 years
if the person had a a blood alcohol concentration of 0.08 or more but less than 0.1 at
the time of the violation, if the person does not have a commercial driver license, if
the violation was not committed by a person operating a commercial motor vehicle,
and if the person does not commit another offense related to operating a vehicle while
intoxicated during the 10 year period.
Under this bill, the same conditions apply before a person's driving record may
be purged of a first offense related to operating a vehicle while intoxicated, except
that the time period is changed from 10 years to 5 years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB373, s. 1
1Section
1. 343.23 (2) (b) of the statutes is amended to read:
AB373,2,252
343.23
(2) (b) The information specified in par. (a) must be filed by the
3department so that the complete operator's record is available for the use of the
4secretary in determining whether operating privileges of such person shall be
5suspended, revoked, canceled, or withheld in the interest of public safety. The record
6of suspensions, revocations, and convictions that would be counted under s. 343.307
7(2) shall be maintained permanently, except that the department shall purge the
8record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
9350.101 (1) (b) after
10 5 years, if the person who committed the violation had a blood
10alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
11if the person does not have a commercial driver license, if the violation was not
12committed by a person operating a commercial motor vehicle, and if the person has
13no other suspension, revocation, or conviction that would be counted under s. 343.307
14during that
10-year 5-year period. The record of convictions for disqualifying
15offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record
16of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j) shall be
17maintained for at least 3 years. The record of convictions for disqualifying offenses
18under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years
19after a licensee transfers residency to another state such record may be transferred
20to another state of licensure of the licensee if that state accepts responsibility for
21maintaining a permanent record of convictions for disqualifying offenses. Such
22reports and records may be cumulative beyond the period for which a license is
23granted, but the secretary, in exercising the power of suspension granted under s.
24343.32 (2) may consider only those reports and records entered during the 4-year
25period immediately preceding the exercise of such power of suspension.
AB373,4,23
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
4the department so that the complete operator's record is available for the use of the
5secretary in determining whether operating privileges of such person shall be
6suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
7of public safety. The record of suspensions, revocations, and convictions that would
8be counted under s. 343.307 (2) shall be maintained permanently, except that the
9department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
10(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after
10
5 years, if the person who committed
11the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
12the time of the violation, if the person does not have a commercial driver license, if
13the violation was not committed by a person operating a commercial motor vehicle,
14and if the person has no other suspension, revocation, or conviction that would be
15counted under s. 343.307 during that
10-year 5-year period. The record of
16convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
17at least 10 years. The record of convictions for disqualifying offenses under s.
18343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for
19at least 3 years. The record of convictions for disqualifying offenses under s. 343.315
20(2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee
21transfers residency to another state such record may be transferred to another state
22of licensure of the licensee if that state accepts responsibility for maintaining a
23permanent record of convictions for disqualifying offenses. Such reports and records
24may be cumulative beyond the period for which a license is granted, but the secretary,
25in exercising the power of suspension granted under s. 343.32 (2) may consider only
1those reports and records entered during the 4-year period immediately preceding
2the exercise of such power of suspension.
AB373, s. 3
3Section
3.
Effective dates. This act takes effect on the day after publication,
4except as follows:
AB373,4,65
(1)
The treatment of section 343.23 (2) (b) (by
Section 2
) of the statutes takes
6effect on September 30, 2005.
