AB821: Bill Text

AB821,7,20 343.23 (1) (c) The name of every licensee person whose license or operating privilege has been suspended, revoked or canceled by the department and note there on the reason for such action.

AB821, s. 13 Section 13. 343.23 (2) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

AB821,9,2 343.23 (2) The department shall maintain a file for each licensee or other per son containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the licensee's person's authorization to oper ate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the licens ee person has been involved, including specification of the any type of license and en dorsements issued under this chapter under which the licensee person was operating at the time of the accident and an indication whether or not the accident occurred in the course of the licensee's person's employment as a law enforcement officer, fire fighter or emergency medical technician — paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter mainte nance snow and ice removal during either a storm or cleanup following a storm. This information 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 licen sure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cu mulative beyond the period for which a license is granted, but the secretary, in exer cising 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 preced ing the exercise of such power of suspension or revocation. For purposes of this sub section, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.

AB821, s. 14 Section 14. 343.23 (4) (intro.) of the statutes is amended to read:

AB821,9,5 343.23 (4) (intro.) The department shall purge all of the following from the file of a licensee person:

AB821, s. 15 Section 15. 343.30 (4) of the statutes is amended to read:

AB821,9,13 343.30 (4) Whenever a court or judge suspends or revokes an operating privi lege under this section, the court or judge shall immediately take possession of any suspended or revoked license and shall forward it as provided in s. 345.48 to the de partment together with the record of conviction and notice of suspension or revoca tion. Whenever a court or judge restricts the operating privilege of a person, the re striction court or judge shall be endorsed upon the operator's license and forward notice of the restriction forwarded to the department.

AB821, s. 16 Section 16. 343.30 (5) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB821,9,24 343.30 (5) No court may suspend or revoke an operating privilege except as au thorized by this chapter or ch. 345, 351 or 938 or s. 161.50, 800.09 (1) (c) or 800.095 (4) (b) 4. When a court revokes, suspends or restricts a child's operating privilege un der ch. 938, the department of transportation shall not disclose information concern ing or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, sus pended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB821, s. 17 Section 17. 343.32 (3) of the statutes is amended to read:

AB821,10,3 343.32 (3) Except as provided in sub. (1m), a revocation or suspension under this section may be for any period not exceeding one year unless a different period is specifically prescribed by law.

AB821, s. 18 Section 18. 343.36 of the statutes is amended to read:

AB821,10,12 343.36 (title) Department to distribute suspension and, revocation and disqualification lists and nonresidents' records of conviction. (2) Once each month, the department shall compile a list of the names and addresses of all resi dents of this state whose operating privileges were revoked or suspended or who were disqualified under s. 343.315 during the preceding month and the periods of those revocations and, suspensions and disqualifications and, upon request, shall forward the list to the sheriff of each county, to the chief of police or the constable, respectively, of each city, village and town and to all county traffic officers.

AB821,10,17 (3) Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation or, suspension or disqualification under the laws of this state, the depart ment shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

AB821, s. 19 Section 19. 346.65 (6) (m) of the statutes is amended to read:

AB821,11,5 346.65 (6) (m) The court may order a vehicle to be immobilized under this sub section for not more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. The court may order a vehicle to be equipped with an igni tion interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle immobilized or equipped with an ignition inter lock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor ve hicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.

AB821, s. 20 Section 20. Initial applicability.

AB821,11,9 (1)  The treatment of section 346.65 (6) (m) of the statutes first applies to court orders to immobilize a vehicle or to equip a vehicle with an ignition interlock device entered on the effective date of this subsection.

AB821, s. 21 Section 21. Effective dates. This act takes effect on the day after publica tion, except as follows:

AB821,11,13 (1)  The treatment of sections 341.08 (2) (d) and 342.20 (3) of the statutes takes effect on the first day of the 3rd month beginning after publication.

AB821,11,15 (2)  The treatment of section 343.30 (5) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.

AB821,11,16 (End)