Date of enactment: April 13, 1998
1997 Senate Bill 470 Date of publication*: April 27, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 84
An Act to repeal 85.515, 343.18 (3) (b), 343.30 (6) (e), 343.31 (1) (h), 343.31 (1m), 343.31 (3) (g), 343.31 (3) (h), 343.31 (4), 343.315 (1) (a), 343.32 (1) (d), 343.32 (2) (g), 343.44 (2g), 343.44 (2m), 344.08 (3) and 351.02 (1) (a) 4.; to renumber and amend 343.30 (1g), 343.31 (1) (e), 343.315 (1) (b), 343.32 (1) (b), 343.38 (1) (c) and 343.44 (4m); to amend 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 341.63 (2) and (3), 343.06 (2), 343.085 (3), 343.085 (5), 343.10 (1) (e), 343.16 (5) (a), 343.18 (3) (a), 343.23 (2) (b), 343.30 (1), 343.30 (1n), 343.30 (1q) (b) 1., 343.30 (1q) (b) 2., 343.30 (1q) (b) 4m., 343.30 (1q) (c) 1. (intro.), 343.30 (1q) (d), 343.30 (1z), 343.30 (2d), 343.30 (2m), 343.30 (3), 343.30 (6) (b) (intro.), 343.30 (6) (b) 3., 343.30 (6) (c), 343.30 (6) (d), 343.305 (10) (d), 343.307 (1) (intro.), 343.31 (1) (b), 343.31 (2), 343.31 (2m), 343.31 (3) (b), 343.31 (3) (bm) 1., 343.31 (3) (bm) 2., 343.31 (3) (bm) 4m., 343.32 (1m) (b) (intro.), 2. and 3., 343.32 (2) (a), 343.32 (2) (bg), 343.32 (2) (c), 343.32 (6), 343.38 (2), 343.38 (3), 343.39 (1) (a), 343.44 (2p) (intro.), 343.44 (2r), 343.44 (2s), 344.02 (title), 344.02 (1), 344.02 (3), 344.02 (4), 344.04 (title), 344.04 (1), 344.04 (2), 344.04 (3), 344.05 (1), 344.08 (title), 344.08 (1), 344.08 (2), 344.09 (title), 344.09 (1), 344.09 (2), 344.12, 344.13 (1), 344.13 (2), 344.13 (3), 344.14 (title), 344.14 (1), 344.14 (1g), 344.14 (1m) (intro.), 344.14 (2) (e), 344.14 (2) (h), 344.18 (title), 344.18 (1) (intro.), 344.18 (1) (a), 344.18 (1) (b), 344.18 (1) (c), 344.18 (1) (d), 344.18 (1m) (a), 344.18 (1m) (b), 344.18 (3) (intro.), 344.18 (3) (b), 344.18 (3m) (a), 344.18 (3m) (b), 344.18 (3r), 344.18 (4), 344.19 (2), 344.19 (3), 344.19 (3g), 344.19 (3m) (a), 344.19 (3m) (b), 344.24, 344.25 (intro.), 344.25 (1), 344.25 (3), 344.25 (5), 344.26 (title), 344.26 (1), 344.27 (title), 344.27 (2), 344.27 (3), 344.29, 344.40 (title), 344.40 (1) (a), 344.40 (1) (b), 344.40 (2) (a), 344.40 (2) (b), 344.41 (3) (a), 344.45 (title), 344.45 (1), 344.46 (1), 344.46 (3), 344.55 (2), 345.47 (1) (b), 351.02 (1) (a) 10., 351.11, 767.303 (1) and (2), 800.09 (1) (c), 800.095 (4) (b) 4., 938.34 (8), 938.34 (14m), 938.34 (14r) (a) and (c), 938.343 (2), 938.344 (2) (c), 938.344 (2b) (c), 938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.344 (2e) (b), 938.344 (2e) (c) and 961.50 (1) (intro.); to repeal and recreate 343.10 (8), 343.44 (title), 343.44 (1) and 343.44 (2); and to create 13.0965, 85.515, 343.10 (2) (dm), 343.30 (2g), 343.31 (1) (hm), 343.31 (2u), 343.38 (1) (c) 2. c. and d., 343.44 (1g), 343.44 (3) (title), 343.44 (4) (title), 343.44 (4r) (title), 343.44 (5) (title) and 351.09 of the statutes; relating to: operating a motor vehicle with a suspended or revoked operating privilege, habitual traffic offenders, penalties involving sanctions against an operating privilege or operator's license, the revocation of operating privileges and vehicle registrations for failure to deposit security and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
84,1 Section 1. 13.0965 of the statutes is created to read:
13.0965 Review of bills proposing revocation of an operating privilege. If any bill that is introduced in either house of the legislature proposes to revoke a person's operating privilege upon conviction of that person for any offense, the department of transportation shall, within 4 weeks after the bill is introduced, prepare a report that states whether the bill is consistent with a policy of revoking an operating privilege only for traffic violations that are likely to result in death, personal injury or serious property damage. The report shall be printed as an appendix to the bill and shall be distributed in the same manner as amendments. The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee. A bill that requires a report by the department of transportation under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department of transportation.
84,1g Section 1g. 85.515 of the statutes is created to read:
85.515 Implementation of 1997 Wisconsin Act .... (this act). If the secretary determines that the changes to the department's computerized information systems made necessary by 1997 Wisconsin Act .... (this act) will be operational before the first day of the 25th month beginning after the effective date of this section .... [revisor inserts date], the secretary shall publish a notice in the Wisconsin Administrative Register that states the date on which the changes to the department's computerized information system will begin operating, and that the revisions to the operator's license suspension and revocation law made by 1997 Wisconsin Act .... (this act) will become effective on that date.
84,1j Section 1j. 85.515 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.
84,2 Section 2. 125.07 (4) (bs) 3. of the statutes is amended to read:
125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.
84,3 Section 3. 125.07 (4) (bs) 4. of the statutes is amended to read:
125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.
84,4 Section 4. 125.07 (4) (c) 3. of the statutes is amended to read:
125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.
84,5 Section 5. 125.07 (4) (c) 4. of the statutes is amended to read:
125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.
84,6 Section 6. 341.63 (2) and (3) of the statutes are amended to read:
341.63 (2) Any registration suspended pursuant to under this section or ch. 344 continues to be suspended until reinstated by the department. The department shall reinstate the registration when the reason for the suspension has been removed.
(3) Whenever the registration of a vehicle is suspended under this section or ch. 344, the department may order the owner or person in possession of the registration plates to return them to the department. Any person who fails to return the plates when ordered to do so by the department may be required to forfeit not more than $200.
84,7 Section 7. 343.06 (2) of the statutes is amended to read:
343.06 (2) The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Any person who is known to the department to be subject to disqualification under s. 343.315 (1) (a) as described in s. 343.44 (1) (d) shall be disqualified by the department, unless the required period of disqualification has already expired.
84,8 Section 8. 343.085 (3) of the statutes is amended to read:
343.085 (3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section.
84,9 Section 9. 343.085 (5) of the statutes is amended to read:
343.085 (5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations suspensions under s. 343.32.
84,10 Section 10. 343.10 (1) (e) of the statutes is amended to read:
343.10 (1) (e) If the applicant's commercial driver license has been suspended or revoked under s. 343.32 (2), an application seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed with the department. The application may also seek authorization to operate "Class D" or "Class M" vehicles.
84,11 Section 11. 343.10 (2) (dm) of the statutes is created to read:
343.10 (2) (dm) A person whose operating privilege is suspended or revoked under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for an occupational license.
84,12 Section 12. 343.10 (8) of the statutes is repealed and recreated to read:
343.10 (8) Violation of restrictions. Any person who violates a restriction on an occupational license as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs shall be:
(a) Prosecuted under s. 343.44 (1) (a) if the occupational license was issued while the person's operating privilege was suspended.
(b) Prosecuted under s. 343.44 (1) (b) if the occupational license was issued while the person's operating privilege was revoked.
84,13 Section 13. 343.16 (5) (a) of the statutes is amended to read:
343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease or any other condition which might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. When the department requires the applicant to submit to an examination, the applicant shall pay the cost thereof. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall suspend revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).
84,14 Section 14. 343.18 (3) (a) of the statutes is amended to read:
343.18 (3) (a) Except as provided in pars. (b) and par. (c), any person who violates sub. (1) shall forfeit not more than $200.
84,15 Section 15. 343.18 (3) (b) of the statutes is repealed.
84,16 Section 16. 343.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 184, is amended to read:
343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.
84,17 Section 17. 343.30 (1) of the statutes is amended to read:
343.30 (1) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under ch. 349. In exercising the authority to suspend or revoke an operating privilege, the court may suspend such privilege only when the operator's operating privilege has not been suspended or revoked previously, except under s. 344.14 (1), or when the operator's present demerit point accumulation is not more than 25% above the demerit point accumulation set for suspension or revocation. In all other cases under this section, the court shall revoke the operating privilege of such operator.
84,18 Section 18. 343.30 (1g) of the statutes is renumbered 343.30 (1g) (a) and amended to read:
343.30 (1g) (a) A Except as provided in par. (b), a court may revoke suspend a person's operating privilege for any period not exceeding 6 months upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked.
(b) A court shall revoke a person's operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked if the suspension or revocation was for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (2) or (6), 940.09 (1) or 940.25 if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or a local ordinance in conformity therewith, within the 5-year period preceding the violation. The revocation shall be for any a period not exceeding of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.
84,19 Section 19. 343.30 (1n) of the statutes is amended to read:
343.30 (1n) A court shall suspend the operating privilege of a person for a period of 15 days upon the person's conviction by the court of exceeding the applicable speed limit as established by s. 346.57 (4) (gm) or (h), by 25 or more miles per hour. If the conviction makes the person subject to revocation under s. 343.32 or suspension or revocation under s. 343.085 or 343.32, the court shall immediately suspend the license, taking possession of the license and shall forward it to order the suspension of the person's operating privilege and notify the department which secretary of the order. Upon receiving the notice, the secretary shall proceed to act as authorized under s. 343.32 or 343.085, but any revocation or. Any suspension by the secretary under this subsection shall date from the day the court took possession secretary acts on the order of suspension of the license operating privilege.
84,20 Section 20. 343.30 (1q) (b) 1. of the statutes is amended to read:
343.30 (1q) (b) 1. The court shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.
84,21 Section 21. 343.30 (1q) (b) 2. of the statutes is amended to read:
343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall suspend revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.
84,22 Section 22. 343.30 (1q) (b) 4m. of the statutes is amended to read:
343.30 (1q) (b) 4m. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the applicable minimum and maximum suspension or revocation periods under subd. 2., 3. or 4. for the conviction are doubled.
84,23 Section 23. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in license suspension revocation of the person's operating privilege until the person is in compliance. The assessment order shall:
84,24 Section 24. 343.30 (1q) (d) of the statutes is amended to read:
343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, controlled substances or controlled substance analogs, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall suspend revoke the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a suspension revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.
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