LRB-1610/1
RPN:jrd:jlb
1995 - 1996 LEGISLATURE
March 17, 1995 - Introduced by Representatives Schneider, Boyle, Gronemus,
Grothman, Hahn, Lehman, Lorge, Musser, R. Young
and Ziegelbauer,
cosponsored by Senator Wineke. Referred to Joint committee on Information
Policy.
AB228,1,4 1An Act to create 343.24 (3m) of the statutes; relating to: restricting access to
2driving records of a person's suspensions, revocations and convictions related
3to the operation of a motor vehicle while under the influence of an intoxicant
4or a controlled substance.
Analysis by the Legislative Reference Bureau
Current law requires the department of transportation (DOT) to maintain a
driving record for each person licensed to operate a vehicle. Beginning on January
1, 1993, DOT is required to maintain for 10 years, as part of that record, the
suspensions, revocations and convictions of the person relating to the operation of
a motor vehicle while under the influence of an intoxicant or a controlled substance
or a combination of both (OWI).
This bill continues the requirement that DOT maintain the OWI-related
information in the record for 10 years, but restricts the use of the information related
to suspensions, revocations and convictions that is maintained for longer than 5
years to only the following: a judge when sentencing a person for a new OWI-related
offense, an agency of another state or the federal government for legally authorized
functions related to commercial motor vehicle operation, an employer under the
employer notification program and law enforcement agencies.
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:
AB228, s. 1 5Section 1. 343.24 (3m) of the statutes is created to read:
AB228,2,4
1343.24 (3m) The department may not disclose any information in the operating
2record of a person concerning any suspensions, revocations and convictions that
3would be counted under s. 343.307 (2) which has been maintained for longer than 5
4years except to any of the following:
AB228,2,95 (a) A court for a judge to use when sentencing the person for improperly
6refusing to take a test under s. 343.305 (10), violating s. 346.63 (1) or (5) or a local
7ordinance or a law of a federally recognized American Indian tribe or band in this
8state in conformity with s. 346.63 (1) or (5), or violating s. 346.63 (2) or (6), 940.09
9(1) or 940.25.
AB228,2,1310 (b) An agency of another state or the federal government to perform a legally
11authorized function. This paragraph is limited to authorizing the disclosure of
12information concerning convictions committed while driving or operating a
13commercial motor vehicle.
AB228,2,1514 (c) An employer obtaining such information under the employer notification
15program under s. 343.245 (3m).
AB228,2,1716 (d) A law enforcement agency for purposes related to the enforcement of chs.
17110, 194, 341 to 349 and 351.
AB228, s. 2 18Section 2. Initial applicability.
AB228,2,20 19(1)  This act first applies to requests for inspection or copying of records made
20on the effective date of this subsection.
AB228,2,2121 (End)
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