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, s. 8 17Section 8. 343.26 of the statutes, as affected by 2007 Wisconsin Act 20, section
183290, is renumbered 343.26 (1) and amended to read:
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:
SB532,9,2517 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the
18law enforcement officer shall immediately take possession of the person's license and
19prepare a notice of intent to revoke, by court order under sub. (10), the person's
20operating privilege. If the person was driving or operating a commercial motor
21vehicle, the officer shall issue an out-of-service order to the person for the 24 hours
22after the refusal and notify the department in the manner prescribed by the
23department. The officer shall issue a copy of the notice of intent to revoke the
24privilege to the person and submit or mail a copy with the person's license to the
25circuit court for the county in which the arrest under sub. (3) (a) was made or to the

1municipal court in the municipality in which the arrest was made if the arrest was
2for a violation of a municipal ordinance under sub. (3) (a) and the municipality has
3a municipal court. The officer shall also mail a copy of the notice of intent to revoke
4to the attorney for that municipality or to the district attorney for that county, as
5appropriate, and to the department. Neither party is entitled to pretrial discovery
6in any refusal hearing, except that, if the defendant moves within 30 days after the
7initial appearance in person or by an attorney and shows cause therefor, the court
8may order that the defendant be allowed to inspect documents, including lists of
9names and addresses of witnesses, if available, and to test under s. 804.09, under
10such conditions as the court prescribes, any devices used by the plaintiff to determine
11whether a violation has been committed. The notice of intent to revoke the person's
12operating privilege shall contain substantially all of the following information:
SB532, s. 17 13Section 17. 343.305 (9) (am) (intro.) of the statutes is amended to read:
SB532,11,914 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with
15respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law
16enforcement officer shall immediately take possession of the person's license, issue
17an out-of-service order to the person for the 24 hours after the refusal and notify the
18department in the manner prescribed by the department, and prepare a notice of
19intent to revoke, by court order under sub. (10), the person's operating privilege. The
20officer shall issue a copy of the notice of intent to revoke the privilege to the person
21and submit or mail a copy with the person's license to the circuit court for the county
22in which the refusal is made or to the municipal court in the municipality in which
23the refusal is made if the person's refusal was in violation of a municipal ordinance
24and the municipality has a municipal court. The officer shall also mail a copy of the
25notice of intent to revoke to the attorney for that municipality or to the district

1attorney for that county, as appropriate, and to the department. Neither party is
2entitled to pretrial discovery in any refusal hearing, except that, if the defendant
3moves within 30 days after the initial appearance in person or by an attorney and
4shows cause therefor, the court may order that the defendant be allowed to inspect
5documents, including lists of names and addresses of witnesses, if available, and to
6test under s. 804.09, under such conditions as the court prescribes, any devices used
7by the plaintiff to determine whether a violation has been committed. The notice of
8intent to revoke the person's operating privilege shall contain substantially all of the
9following information:
SB532, s. 18 10Section 18. 343.31 (1) (hm) of the statutes is repealed.
SB532, s. 19 11Section 19. 343.315 (3) (a) of the statutes is amended to read:
SB532,11,2212 343.315 (3) (a) Notwithstanding s. 343.39, if If a person's license or operating
13privilege is revoked or suspended as the result of an offense committed after
14March 31, 1992, which results in disqualification under sub. (2), the department
15shall immediately disqualify the person from operating a commercial motor vehicle
16for the period required under sub. (2). The Notwithstanding s. 343.38 (3r), the
17person's authorization to operate a commercial motor vehicle shall not be reinstated
18upon expiration of the period of revocation or suspension unless the period of
19disqualification has also expired. During any period of disqualification in which the
20person's license or operating privilege is not revoked or suspended, the department
21may issue an operator's license to the person for the operation of vehicles other than
22commercial motor vehicles.
SB532, s. 20 23Section 20. 343.315 (3) (b) of the statutes, as affected by 2007 Wisconsin Act
2420
, is amended to read:
SB532,12,10
1343.315 (3) (b) If a person's license or operating privilege is not otherwise
2revoked or suspended as the result of an offense committed after March 31, 1992,
3which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department
4shall immediately disqualify the person from operating a commercial motor vehicle
5for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application
6by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the
7department may issue a separate license authorizing only the operation of vehicles
8other than commercial motor vehicles. Upon expiration of the period of
9disqualification, the person may apply for authorization to operate commercial
10motor vehicles under s. 343.26.
SB532, s. 21 11Section 21. 343.32 (1m) (d) of the statutes is amended to read:
SB532,12,1612 343.32 (1m) (d) If the person's license or operating privilege is currently
13suspended or revoked or the person does not currently possess a valid operator's
14license issued under this chapter, the suspension or revocation under this subsection
15is effective on the date on which the person is first eligible and applies for issuance,
16renewal, or reinstatement of an operator's license under this chapter.
SB532, s. 22 17Section 22. 343.38 (title) of the statutes is amended to read:
SB532,12,20 18343.38 (title) License Reinstatement after revocation or, suspension;
19reinstatement of nonresident's operating privilege
, cancellation, or
20disqualification
.
SB532, s. 23 21Section 23. 343.38 (1) (intro.) of the statutes is amended to read:
SB532,12,2522 343.38 (1) License Reinstatement after revocation. (intro.) Except as
23provided in ss. 343.10, 343.39, and 351.07, the department shall not issue a license
24to
reinstate the operating privilege of a person whose operating privilege has been
25duly revoked unless the period of revocation has expired and such the person:
SB532, s. 24
1Section 24. 343.38 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20,
2is amended to read:
SB532,13,43 343.38 (1) (a) Files with Pays to the department an application for license
4together with
all required fees; and
SB532, s. 25 5Section 25. 343.38 (2) of the statutes, as affected by 2007 Wisconsin Act 20,
6is amended to read:
SB532,13,127 343.38 (2) Reinstatement of nonresident's operating privilege after
8revocation by Wisconsin
. A nonresident's operating privilege revoked or suspended
9under the laws of this state is reinstated as a matter of law when the period of
10revocation or suspension has expired and such the nonresident obtains a valid
11operator's license issued by the jurisdiction of the nonresident's residence and
pays
12the fees specified in s. 343.21 (1) (j) and (n).
SB532, s. 26 13Section 26. 343.38 (3) of the statutes is amended to read:
SB532,13,2214 343.38 (3) Reinstatement after suspension. Except as provided in sub. (2) and
15s. 343.10, the department shall not issue a license to reinstate the operating privilege
16of
a person whose operating privilege has been duly suspended while the suspension
17remains in effect. Upon the expiration of the period of suspension, the person's
18operating privilege is reinstated as provided in s. 343.39 upon receipt by the
19department of the fees specified in s. 343.21 (1) (j) and (n) and, for reinstatement of
20an operating privilege suspended under ch. 344, the filing with the department of
21proof of financial responsibility, if required, in the amount, form, and manner
22specified under ch. 344
.
SB532, s. 27 23Section 27. 343.38 (3g) and (3r) of the statutes are created to read:
SB532,14,324 343.38 (3g) Reinstatement after certain cancellations. (a) The department
25may reinstate the operator's license of a person whose operator's license has been

1duly canceled under s. 343.25 (2) or (3) if the person pays the fees specified in s. 343.21
2(1) (m) and (n) and either the person is at least 18 years of age or the requirements
3specified in s. 343.15 are satisfied.
SB532,14,84 (b) The department may reinstate the operator's license or identification card
5of a person whose operator's license or identification card has been duly canceled
6because of the person's nonpayment of a fee if the person pays that fee, pays any fee
7required by the department under s. 20.905 (2), and pays the fees specified in s.
8343.21 (1) (m) and (n).
SB532,14,15 9(3r) Reinstatement of commercial driving privileges following
10disqualification.
(a) Except as provided in pars. (b) and (c), upon application for
11reinstatement after a person's disqualification by the department, the department
12may issue a commercial driver license to the person if the person has paid the fees
13required under s. 343.21 (1) (jm) and (n), taken any examination required by the
14department under s. 343.16, and satisfied any other requirement under this chapter
15for reinstatement.
SB532,14,2116 (b) Any disqualification under s. 343.315 (2) (g) terminates at the beginning of
17the 25th hour following issuance of the citation specified in s. 343.315 (2) (g). If a
18person has been disqualified solely on the basis of s. 343.315 (2) (g), the person's
19authorization to operate a commercial motor vehicle is automatically reinstated
20upon termination of the disqualification, as provided in this paragraph, and no
21application or fee is required for reinstatement.
SB532,14,2422 (c) If a person is authorized to operate a commercial motor vehicle under s.
23343.055, the person's authorization to operate a commercial motor vehicle may be
24reinstated without issuance of a commercial driver license to the person.
SB532, s. 28 25Section 28. 343.38 (4) (intro.) of the statutes is amended to read:
SB532,15,7
1343.38 (4) First issuance of license in Wisconsin after suspension or
2revocation by another state.
(intro.) The department may issue an operator's
3license to a person moving to this state whose operating privileges have privilege has
4been previously suspended or revoked in another state jurisdiction when their the
5person's
operating privilege has been reinstated or the person is eligible for
6reinstatement
in that state the other jurisdiction and the following conditions have
7been met:
SB532, s. 29 8Section 29. 343.38 (4) (a) of the statutes is repealed.
SB532, s. 30 9Section 30. 343.38 (4) (b) of the statutes is repealed.
SB532, s. 31 10Section 31. 343.39 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20,
11is repealed.
SB532, s. 32 12Section 32. 343.39 (1) (b) of the statutes is amended to read:
SB532,15,1813 343.39 (1) (b) When, in the case of a revocation or, suspension, or
14disqualification
based on a conviction, the conviction is reversed, set aside or
15vacated. This paragraph applies whether or not the conviction occurred in this state
16and whether or not the conviction was cause for revocation or, suspension, or
17disqualification
only when considered in connection with the person's previous entire
18operating record.
SB532, s. 33 19Section 33. 343.39 (2) of the statutes is amended to read:
SB532,16,420 343.39 (2) Whenever a person's operating privilege is automatically reinstated,
21the department shall forthwith notify such person thereof and shall return any
22surrendered and unexpired license in its possession
. If the person's license is expired
23during the period of revocation or suspension, such, the person may renew the license
24at the standard renewal fee at any time within 30 days after the reinstatement of the
25person's operating privilege. If the person states to the department that he or she

1no longer possesses the license because the license was surrendered to a court, and
2the person has satisfied all requirements under sub. (1), including, if applicable,
3payment of the reinstatement fee required under sub. (1) (a), the department shall
4issue a new license without any additional fee for the license.
SB532, s. 34 5Section 34. 343.39 (3) of the statutes is renumbered 343.13 (3) and amended
6to read:
SB532,16,107 343.13 (3) If a court has ordered that the a person's operating privilege be
8restricted for a period of time after the suspension person's operating privilege
9revocation
period is completed to operating vehicles equipped with an ignition
10interlock device, the license shall include that restriction.
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