LRB-0799/1
ARG:kjf:nwn
2007 - 2008 LEGISLATURE
November 29, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Transportation.
AB591,1,4
1An Act to repeal 343.30 (2m) of the statutes;
relating to: suspending the
2operating privilege of an underage person who operates a vehicle while having
3an intoxicant in a vehicle (suggested as remedial legislation by the Department
4of Transportation).
Analysis by the Legislative Reference Bureau
Current law allows a court to suspend the operating privilege of an underage
person who operates a vehicle while there is an intoxicant in the vehicle. If the
underage person has committed prior offenses, current law requires the court to
suspend the operating privilege for varying periods, depending on the number of
prior offenses. Current law also allows a court to suspend the operating privilege of
an underage person who operates a vehicle while there is an intoxicant in the vehicle
for not less than 30 days nor more than one year.
This bill eliminates the more general of these overlapping statutes, retaining
the statute that requires the court to suspend the operating privilege for varying
periods if there are prior offenses.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Transportation and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the Law Revision Committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB591, s. 1
1Section
1. 343.30 (2m) of the statutes is repealed.
Note: The repealed provision authorizes a court to suspend the operating privilege
for a person who violates the prohibition against an underage person operating a motor
vehicle while an intoxicant is in the vehicle. The suspension period is not less than 30
days nor more than one year. The statute imposing the prohibition, s. 346.93, stats.,
contains its own suspension periods: first violation, 30 to 90 days; 2 violations within 12
months, not more than one year; 3 or more violations within 12 months, not more than
2 years. The repeal of s. 343.30 (2m), stats., eliminates overlapping and contradictory
provisions and clarifies the pertinent penalties.
