LRB-4132/1
EVM:cjs&wlj:jm
2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Representative Van Roy. Referred to Committee
on Transportation.
AB698,1,2
1An Act to create 343.10 (5m) of the statutes;
relating to: limitations on the use
2of an occupational license.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions and limitations, a person may apply
to the Wisconsin Department of Transportation 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, including homemaking, 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 that are permitted under the occupational
license. The occupational license may allow travel to and from church.
Current federal law requires a state to enact and enforce a repeat intoxicated
driver law that meets certain requirements. Among the requirements is that, as a
minimum penalty, persons convicted of a second or subsequent offense for driving
while intoxicated may receive a reinstatement of "limited driving privileges for the
purpose of getting to and from work, school, or an alcohol treatment program."
Failure to meet the federal repeat intoxicated driver law requirements subjects the
state to a transfer of 3 percent of federal funds apportioned to the state for
federal-aid highways to the state's apportionment of funds for certain highway
safety programs. In September 2011, the federal Department of Transportation
determined that Wisconsin is not in compliance with federal repeat intoxicated
driver law requirements and ordered a transfer of funds.
This bill allows the state secretary of transportation, if he or she determines
that the imposition of restrictions is necessary to avoid a transfer of funds due to
noncompliance with federal repeat intoxicated driver law requirements, to impose
restrictions on the use of an occupational license by a person who has two or more
driving while intoxicated offenses in any five-year period, until the restrictions are
no longer necessary to avoid a transfer of funds. Under this bill the secretary may
restrict use of an occupational license for 1) occupational travel other than to or from
work; 2) occupational travel for the occupation of homemaking; and 3) travel to or
from church.
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:
AB698, s. 1
1Section
1. 343.10 (5m) of the statutes is created to read:
AB698,2,82
343.10
(5m) Federal limitations on occupational license. Notwithstanding
3subs. (1) (a) and (5) (a) 1., if the secretary determines that the imposition of the
4restrictions is necessary to avoid a transfer of funds under
23 USC 164, the secretary
5may impose the following restrictions on the use of occupational licenses issued to
6persons who have 2 or more prior convictions, suspensions, or revocations, as
7counted under s. 343.307 (1), within any 5-year period, until the restrictions are no
8longer necessary to avoid a transfer of funds under
23 USC 164:
AB698,2,109
(a) The license may not permit operation of a motor vehicle for the person's
10occupation other than to drive to or from work.
AB698,2,1211
(b) The license may not permit operation of a motor vehicle for the occupation
12of homemaking.
AB698,2,1313
(c) The license may not permit travel to or from church.
AB698,2,1615
(1) This act first applies to occupational licenses held on the effective date of
16this subsection.
