LRB-3227/1
ARG:bjk:rs
2007 - 2008 LEGISLATURE
February 8, 2008 - Introduced by Representatives Grigsby, Fields, Kessler,
Mason, Parisi, Sinicki, Toles, Turner, A. Williams and Young, cosponsored
by Senators Taylor and Miller. Referred to Committee on Transportation.
AB776,1,4
1An Act to amend 343.10 (1) (a) and 343.10 (9) of the statutes;
relating to:
2allowing the Department of Transportation to issue occupational licenses
3following operating privilege suspensions related to motor vehicle financial
4responsibility violations.
Analysis by the Legislative Reference Bureau
Current law does not generally require motor vehicles operated in this state to
be covered by policies of bodily injury and property damage liability insurance.
However, current law imposes certain financial responsibility requirements on
owners and operators of motor vehicles involved in accidents. If a motor vehicle
accident results in injury, death, or property damage of $1,000 or more, the
Department of Transportation (DOT) is required to notify the operator and owner of
the vehicle involved in the accident that the person must deposit with DOT security
for the accident in an amount specified by DOT, which DOT has determined is
sufficient to satisfy any judgment for damages resulting from the accident. Unless
an exception applies, if a person fails to timely deposit security after this notice is
given, DOT must suspend the person's operating privilege if the person was the
vehicle operator. Also, if DOT receives a certified copy of a judgment for damages of
$500 or more arising out of a motor vehicle accident, DOT must immediately suspend
the operating privilege and all registrations of the person against whom the
judgment was rendered unless the person can provide proof of financial
responsibility.
Also under current law, with certain exceptions and limitations, a person may
apply to DOT for an occupational license if the person's operating privilege is revoked
or suspended for various specified offenses and the person is engaged in an
occupation, trade, or study making it essential that he or she operate a motor vehicle.
The occupational license must contain definite restrictions as to hours of the day,
hours per week, type of occupation, and areas or routes of travel which are permitted
under the occupational license.
This bill allows DOT to issue a person an occupational license if the person's
operating privilege has been suspended for failure to deposit security or demonstrate
financial responsibility after an accident or judgment arising from an accident. The
bill also requires DOT to inform a person whose operating privilege is suspended for
these reasons of his or her right to apply for an occupational license.
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:
AB776, s. 1
1Section
1. 343.10 (1) (a) of the statutes is amended to read:
AB776,2,112
343.10
(1) (a) If a person's license or operating privilege is revoked or
3suspended under this chapter
or ch. 344 or s. 767.73, 938.34 (14q), 943.21 (3m), or
4961.50 and if the person is engaged in an occupation, including homemaking or
5full-time or part-time study, or a trade making it essential that he or she operate a
6motor vehicle, the person, after payment of the fee provided in sub. (6), may file an
7application with the department setting forth in detail the need for operating a motor
8vehicle. No person may file more than one application with respect to each revocation
9or suspension of the person's license or operating privilege under this chapter
or ch.
10344 or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does
11not apply to an application to amend an occupational license restriction.
AB776, s. 2
12Section
2. 343.10 (9) of the statutes is amended to read:
AB776,3,3
1343.10
(9) Notice. The department shall inform a person whose operating
2privilege is revoked or suspended under this chapter
or ch. 344 of his or her right to
3apply to the department for issuance of an occupational license under this section.
AB776,3,65
(1) This act first applies to applications for occupational licenses received by
6the department of transportation on the effective date of this subsection.
AB776,3,98
(1)
This act takes effect on the first day of the 3rd month beginning after
9publication.
