LRB-4155/1
ARG:wlj:nwn
2007 - 2008 LEGISLATURE
February 25, 2008 - Introduced by Senators Taylor and Lehman, cosponsored by
Representatives Petrowski, Grigsby, Honadel, Berceau, Fields, Hahn,
Kessler, Parisi, Pope-Roberts, Sheridan, Sinicki, Turner, Vruwink and A.
Williams. Referred to Committee on Judiciary, Corrections, and Housing.
SB532,2,2
1An Act to repeal 343.10 (2) (a) 3., 343.31 (1) (hm), 343.38 (4) (a), 343.38 (4) (b),
2343.39 (1) (a), 344.32 and 345.48 (3);
to renumber and amend 343.26 and
3343.39 (3);
to amend 118.163 (2) (a), 118.163 (2m) (a), 343.03 (1) (b), 343.05 (1)
4(a), 343.06 (2), 343.20 (1) (a), 343.28 (2), 343.30 (1g) (b), 343.30 (1q) (h), 343.30
5(4), 343.30 (6) (d), 343.305 (7) (a), 343.305 (7) (b), 343.305 (9) (a) (intro.), 343.305
6(9) (am) (intro.), 343.305 (10) (g), 343.315 (3) (a), 343.315 (3) (b), 343.32 (1m) (d),
7343.38 (title), 343.38 (1) (intro.), 343.38 (1) (a), 343.38 (2), 343.38 (3), 343.38 (4)
8(intro.), 343.39 (1) (b), 343.39 (2), 344.18 (1m) (a), 344.18 (3m) (a), 344.24, 344.26
9(1), 344.27 (2), 344.29, 344.30 (1), 344.33 (1), 344.34, 344.42, 345.47 (1) (c),
10345.48 (2), 345.48 (4), 631.37 (4) (e), 800.09 (1) (c), 938.17 (2) (d) 2., 938.34 (8),
11938.34 (8d) (d), 938.34 (14m), 938.34 (14r) (a), 938.34 (14r) (c), 938.342 (1g) (a),
12938.343 (2), 938.344 (2e) (b), 938.344 (2e) (c), 938.355 (6) (d) 2., 938.355 (6m) (a)
131m., 961.50 (1) (intro.) and 961.50 (3); and
to create 343.26 (2) and 343.38 (3g)
14and (3r) of the statutes;
relating to: motor vehicle operating privileges,
1seizures by courts or law enforcement officers of operator's licenses, and
2reinstatement of canceled identification cards.
Analysis by the Legislative Reference Bureau
Under current law, if a court suspends or revokes a person's operating privilege,
the court must take possession of the person's operator's license and forward it to the
Department of Transportation (DOT). If a person is arrested for operating a motor
vehicle while under the influence of an intoxicant (OWI), a law enforcement officer
requests the person to take a test to determine the amount of alcohol in his or her
blood or breath, and the person either refuses to take the test or the test results
indicate a prohibited alcohol concentration, the officer must take possession of the
person's operator's license and forward it to DOT.
Under this bill, a court that suspends or revokes a person's operating privilege
may take possession of a person's operator's license but is not required to do so. If
a court does take possession of a person's operator's license, the court must destroy
the license. Upon reinstatement of the person's operating privilege, instead of
returning the license, DOT must issue a new license. Also, a law enforcement officer
who arrests a person for OWI may not take possession of a person's operator's license.
The bill also allows a person who is otherwise eligible to obtain an occupational
license to do so without surrendering his or her revoked operator's license.
Under current law, if a court suspends a person's operating privilege for certain
violations and at the time of the suspension the person does not have a valid
operator's license, the period of operating privilege suspension does not begin until
the person is eligible and applies for an operator's license or until a specified period
of time elapses, whichever occurs first.
Under this bill, a person need not apply for issuance, renewal, or reinstatement
of an operator's license to trigger the commencement of the period of operating
privilege suspension. The period of operating privilege suspension begins when the
person first becomes eligible for issuance, renewal, or reinstatement of an operator's
license.
Various provisions of current law control the issuance of an operator's license,
or the reinstatement of an operating privilege, after suspension or revocation. This
bill eliminates, as a condition of issuing an operator's license to a person moving to
this state whose operating privilege was previously suspended or revoked in another
state, the following requirements: that the person's operating privilege has been
reinstated by another state if the person is eligible for reinstatement in the other
state; that the period of suspension or revocation that would be required under the
laws of this state had the offense been committed in this state has expired; and that
the person submit proof of financial responsibility to DOT. This bill also eliminates
the requirement that a nonresident whose operating privilege is revoked in this state
obtain a valid operator's license issued by his or her resident state as a condition of
reinstatement by DOT of the nonresident's operating privilege. This bill eliminates
further any requirement that nonresidents provide proof of financial responsibility
with respect to reinstatement of an operating privilege or registration suspended in
this state as a result of failure to demonstrate financial responsibility after a motor
vehicle accident or judgement arising from an accident.
Current law provides in most cases for automatic reinstatement of a person's
suspended operating privilege after the period of operating privilege suspension has
terminated and the person has paid the reinstatement fee. However, after revocation
of a person's operating privilege, disqualification of a person's authorization to
operate a commercial motor vehicle, or cancellation of a person's operator's license,
in most cases reinstatement requires DOT to issue a new operator's license.
Reinstated licenses expire two years from the person's next birthday.
This bill provides for automatic reinstatement of a person's revoked operating
privilege if the applicable period of revocation has expired and the person has applied
for reinstatement and paid to DOT the applicable fee. The bill also provides for
automatic reinstatement of a person's canceled operator's license or identification
card if the cancellation occurred for specified reasons, the person has paid to DOT
the applicable fee, and the reasons for the cancellation have been rectified.
The bill clarifies the general requirements for reinstatement of a person's
authorization to operate a commercial motor vehicle. Under the bill, upon a person's
application for reinstatement, DOT may reinstate the person's authorization to
operate a commercial motor vehicle and issue a commercial driver license to the
person if the person has paid the required fees and taken any examination required
by DOT; however, DOT may not do so during any period of disqualification under
state or federal law, under the law of another jurisdiction disqualifying the person
from operating a commercial motor vehicle under circumstances similar to those
specified in state or federal law, or under a federal agency determination that the
person is no longer qualified to operate a commercial motor vehicle. The bill also
provides for automatic reinstatement if the disqualification results from the
issuance of a 24-hour out-of-service order. The bill eliminates the two-year
expiration period for reinstated licenses if the license is canceled on a basis for which
automatic reinstatement applies.
Under current law, a court may suspend a person's operating privilege for any
period not exceeding six months upon the person's conviction for operating after
revocation (OAR) or operating while suspended (OWS) or operating a commercial
motor vehicle during a period in which the person is disqualified (OWD). However,
a court must revoke a person's operating privilege, for a period of six months or less,
upon the person's conviction for OAR, OWS, or OWD if the person has been convicted
of three or more prior violations of OAR, OWS, or OWD within the preceding
five-year period. In addition, DOT must administratively revoke a person's
operating privilege, for a period of six months unless the court has ordered a
revocation for a lesser period, upon receiving a record of conviction showing that the
person has been convicted of OAR, OWS, or OWD if the person has been convicted
of three or more prior violations of OAR, OWS, or OWD within the preceding
five-year period.
This bill makes court-ordered operating privilege revocation for a fourth
offense OAR, OWS, or OWD permissive rather than mandatory and eliminates the
requirement that DOT administratively revoke a person's operating privilege for a
fourth offense OAR, OWS, or OWD.
For further information see the state and local 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:
SB532, s. 1
1Section
1. 118.163 (2) (a) of the statutes is amended to read:
SB532,4,72
118.163
(2) (a) Suspension of the person's operating privilege for not less than
330 days nor more than one year. The court
shall immediately may take possession
4of any suspended license
and forward it. If the court takes possession of a license,
5it shall destroy the license. The court shall forward to the department of
6transportation
together with a notice stating the reason for and the duration of the
7suspension.
SB532, s. 2
8Section
2. 118.163 (2m) (a) of the statutes is amended to read:
SB532,4,169
118.163
(2m) (a) A county, city, village or town may enact an ordinance
10permitting a court to suspend the operating privilege of a person who is at least 16
11years of age but less than 18 years of age and is a dropout. The ordinance shall
12provide that the court may suspend the person's operating privilege until the person
13reaches the age of 18. The court
shall immediately
may take possession of any
14suspended license
and forward it. If the court takes possession of a license, it shall
15destroy the license. The court shall forward to the department of transportation
16together with a notice stating the reason for and the duration of the suspension.
SB532, s. 3
17Section
3. 343.03 (1) (b) of the statutes is amended to read:
SB532,5,3
1343.03
(1) (b) The department shall issue operator's licenses in conformity with
2the classified driver license system to each licensee upon renewal,
reinstatement or 3initial application
, or cancellation under s. 343.26 (1).
SB532, s. 4
4Section
4. 343.05 (1) (a) of the statutes is amended to read:
SB532,5,125
343.05
(1) (a) Except as provided in this subsection, no person may at any time
6have more than one operator's license. This prohibition includes, without limitation,
7having licenses from more than one state, having licenses under more than one name
8or birthdate,
having an occupational license without having surrendered the revoked
9or suspended license document, and having more than one license issued for the
10operation of different types or classes of vehicles. This paragraph does not apply to
11any person who has only operator's licenses issued by this state and by a country,
12province
, or subdivision that is a party to an agreement under s. 343.16 (1) (d).
SB532, s. 5
13Section
5. 343.06 (2) of the statutes is amended to read:
SB532,6,214
343.06
(2) The department shall not issue a commercial driver license,
15including a renewal or reinstated license, to any person
, or reinstate a person's
16authorization to operate a commercial motor vehicle, during any period of
17disqualification under s. 343.315 or
49 CFR 383.51 or
, under the law of another
18jurisdiction
in substantial conformity therewith, as the result of one or more
19disqualifying offenses committed on or after July 1, 1987,
disqualifying a person
20from operating a commercial motor vehicle under circumstances similar to those
21specified in s. 343.315 or 49 CFR 383.51, or under a determination by the federal
22motor carrier safety administration that the person is no longer qualified to operate
23a commercial motor vehicle under 49 CFR 391, or to any person whose operating
24privilege is revoked, suspended, or canceled. Any person who is known to the
1department to be subject to disqualification as described in s. 343.44 (1) (d) shall be
2disqualified by the department as provided in s. 343.315.
SB532, s. 6
3Section
6. 343.10 (2) (a) 3. of the statutes is repealed.
SB532, s. 7
4Section
7. 343.20 (1) (a) of the statutes is amended to read:
SB532,6,165
343.20
(1) (a) Except as otherwise expressly provided in this chapter,
6reinstated licenses, probationary licenses issued under s. 343.085
, licenses issued
7after cancellation under s. 343.26 (1), and original licenses other than instruction
8permits shall expire 2 years from the date of the applicant's next birthday. Subject
9to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after
10the date of issuance. The department may institute any system of initial license
11issuance which it deems advisable for the purpose of gaining a uniform rate of
12renewals. In order to put such a system into operation, the department may issue
13licenses which are valid for any period less than the ordinary effective period of such
14license. If the department issues a license that is valid for less than the ordinary
15effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a),
16(b) and (d) shall be prorated accordingly.
SB532,6,2419
343.26
(1) Any Except as provided in sub. (2), any person whose license has
20been canceled, whether the license has been canceled by the secretary or stands
21canceled as a matter of law, may apply for a new license at any time. Upon receipt
22of the application and all required fees, the department shall issue or refuse issuance
23of the license as upon an original application. The department may, but need not,
24require the applicant to submit to an examination as provided in s. 343.16.
SB532, s. 9
25Section
9. 343.26 (2) of the statutes is created to read:
SB532,7,3
1343.26
(2) If a person's license has been canceled under s. 343.25 (2) or (3), or
2canceled because of the person's nonpayment of a fee, the person's license may be
3reinstated as provided in s. 343.38 (3g).
SB532, s. 10
4Section
10. 343.28 (2) of the statutes is amended to read:
SB532,7,175
343.28
(2) Whenever a person is convicted of any offense for which s. 343.31
6makes mandatory the revocation by the secretary of such person's operating
7privilege, the court in which the conviction occurred
shall may require the surrender
8to it of any license then held by such person.
If the court requires surrender of a
9license, the court shall destroy the license. The clerk of the court, or the justice, judge
10or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
11department the record of conviction
and any surrendered licenses. The record of
12conviction forwarded to the department, which shall state whether the offender was
13involved in an accident at the time of the offense, whether the offender was operating
14a commercial motor vehicle at the time of the offense and, if so, whether the offender
15was transporting hazardous materials requiring placarding or any quantity of a
16material listed as a select agent or toxin under
42 CFR 73, or was operating a vehicle
17designed to carry, or actually carrying, 16 or more passengers, including the driver.
SB532, s. 11
18Section
11. 343.30 (1g) (b) of the statutes is amended to read:
SB532,8,219
343.30
(1g) (b) A court
shall may revoke a person's operating privilege upon the
20person's conviction for violating s. 343.44 (1) (a), (b)
, or (d) or a local ordinance in
21conformity therewith if the person has been convicted of 3 or more prior violations
22of s. 343.44 (1) (a), (b)
, or (d), or similar violations under s. 343.44 (1), 1997 stats., or
23a local ordinance in conformity therewith, within the 5-year period preceding the
24violation.
The Any revocation
under this paragraph shall be for a period of 6 months,
1unless the court orders a period of revocation of less than 6 months and places its
2reasons for ordering the lesser period of revocation on the record.
SB532, s. 12
3Section
12. 343.30 (4) of the statutes is amended to read:
SB532,8,114
343.30
(4) Whenever a court
or judge suspends or revokes an operating
5privilege under this section, the court
or judge shall immediately may take
6possession of any suspended or revoked license
and. If the court takes possession of
7a license, it shall destroy the license. The court shall forward
it, as provided in s.
8345.48
, to the department
together with the record of conviction and notice of
9suspension or revocation. Whenever a court
or judge restricts the operating privilege
10of a person, the court
or judge shall forward notice of the restriction to the
11department.
SB532, s. 13
12Section
13. 343.30 (6) (d) of the statutes is amended to read:
SB532,8,1913
343.30
(6) (d) If the person subject to suspension under this subsection does not
14hold a valid license under this chapter other than a license under s. 343.07 or 343.08
15on the date of disposition, the suspension under par. (b) shall commence on the date
16that such a license would otherwise be reinstated or issued after the person applies
17and qualifies for issuance or 2 years from the date of disposition, whichever occurs
18first on which the person is first eligible for issuance, renewal, or reinstatement of
19an operator's license under this chapter.
SB532, s. 14
20Section
14. 343.305 (7) (a) of the statutes is amended to read:
SB532,9,221
343.305
(7) (a) If a person submits to chemical testing administered in
22accordance with this section and any test results indicate the presence of a detectable
23amount of a restricted controlled substance in the person's blood or a prohibited
24alcohol concentration, the law enforcement officer shall report the results to the
25department
and take possession of the person's license and forward it to the
1department. The person's operating privilege is administratively suspended for 6
2months.
SB532, s. 15
3Section
15. 343.305 (7) (b) of the statutes is amended to read:
SB532,9,154
343.305
(7) (b) If a person who was driving or operating or on duty time with
5respect to a commercial motor vehicle submits to chemical testing administered in
6accordance with this section and any test results indicate an alcohol concentration
7above 0.0, the law enforcement officer
may take possession of the person's license and
8retain the license for 24 hours. The person may reclaim a seized license in person
9or request return of the license by mail. The law enforcement officer shall issue a
10citation for violation of s. 346.63 (7) (a) 1., issue citations for such other violations as
11may apply and issue an out-of-service order to the person for the 24 hours after the
12testing, and report both the out-of-service order and the test results to the
13department in the manner prescribed by the department. If the person is a
14nonresident, the department shall report issuance of the out-of-service order to the
15driver licensing agency in the person's home jurisdiction.
SB532, s. 16
16Section
16. 343.305 (9) (a) (intro.) of the statutes is amended to read:
