March 31, 2003 - Introduced by Representatives Weber, Vruwink, Montgomery,
Huebsch, Gronemus, Vrakas, Freese, Ott, McCormick, J. Fitzgerald, Hahn,
Nass, Townsend, Owens, Zepnick, Loeffelholz, Shilling, Towns, F. Lasee,
Jeskewitz, Lassa, Gunderson, Hines, Kestell, Ladwig, Suder, Hundertmark,
Ward, Van Roy, Bies, Stone, M. Lehman
and Krawczyk, cosponsored by
Senators S. Fitzgerald, M. Meyer, Cowles, Breske, Welch, Roessler, Lazich
and Kedzie. Referred to Committee on Criminal Justice.
AB232,1,6 1An Act to renumber 943.212 (4); to renumber and amend 943.21 (3); to
2amend
343.10 (1) (a), 343.10 (2) (a) 1., 343.30 (5), 943.21 (title), 943.212 (title)
3and 943.212 (1) (a); and to create 943.21 (1) (d), 943.21 (2r), 943.21 (3) (bm),
4943.21 (3m) and 943.212 (4) (b) of the statutes; relating to: failure to pay for
5gasoline or diesel fuel and suspension of operating privileges after conviction
6for theft of gasoline or diesel fuel and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from intentionally absconding without paying
for taxicab service or without paying for beverage, food, lodging, or other service or
accommodation at a hotel, motel, campground, boarding or lodging house, or
restaurant. If a person is convicted of violating this prohibition and the value of the
goods or services was $2,500 or less, he or she is guilty of a misdemeanor and may
be fined not more than $10,000 or imprisoned in the county jail for not more than nine
months or both. If the value of the goods or services exceeds $2,500, the person is
guilty of a felony and the maximum term of imprisonment (consisting of a term of
confinement in state prison and a term of extended supervision) increases to three
and one-half years. In addition, current law provides for a special civil action for
victims of this crime. Using this special civil action, a victim may recover the value
of the service or accommodation involved in the crime, any other property damage
resulting from the crime, and limited exemplary damages and attorney fees.

This bill prohibits a person from intentionally absconding from a service
station, garage, or other place where gasoline or diesel fuel is offered for retail sale
without paying for the gasoline or diesel fuel. A person who violates this prohibition
may be subject to a forfeiture (a civil monetary penalty) of not more than $200. The
bill also provides that in addition to the forfeiture: 1) for a second offense a court may
suspend the person's driver's licenses for not more than six months; 2) for a third
offense the court must suspend the person's license for six months; and 3) for a fourth
or subsequent offense, the court must suspend the person's license for one year.
Finally, with certain modifications, the bill extends the special civil action that covers
crimes for absconding for services or accommodations to cover offenses involving
absconding without paying for gasoline or diesel fuel.
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:
AB232, s. 1 1Section 1. 343.10 (1) (a) of the statutes is amended to read:
AB232,2,112 343.10 (1) (a) If a person's license or operating privilege is revoked or
3suspended under this chapter or s. 767.303, 943.21 (3m), or 961.50 and if the person
4is engaged in an occupation, including homemaking or full-time or part-time study,
5or a trade making it essential that he or she operate a motor vehicle, the person, after
6payment of the fee provided in sub. (6), may file an application with the department
7setting forth in detail the need for operating a motor vehicle. No person may file more
8than one application with respect to each revocation or suspension of the person's
9license or operating privilege under this chapter or s. 767.303, 943.21 (3m), or 961.50,
10except that this limitation does not apply to an application to amend an occupational
11license restriction.
AB232, s. 2 12Section 2. 343.10 (2) (a) 1. of the statutes is amended to read:
AB232,3,313 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
14incident or occurrence for which the person's license or operating privilege is
15currently revoked or suspended, the person's license or operating privilege was not

1revoked or suspended previously under this chapter or ch. 344 or s. 943.21 (3m) or
2961.50 within the one-year period immediately preceding the present revocation or
3suspension, except as provided in s. 344.40.
AB232, s. 3 4Section 3. 343.30 (5) of the statutes is amended to read:
AB232,3,145 343.30 (5) No court may suspend or revoke an operating privilege except as
6authorized by this chapter or ch. 345, 351 or 938 or s. 767.303, 800.09 (1) (c), 800.095
7(4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends or restricts a
8juvenile's operating privilege under ch. 938, the department of transportation shall
9not disclose information concerning or relating to the revocation, suspension or
10restriction to any person other than a court, district attorney, county corporation
11counsel, city, village or town attorney, law enforcement agency, or the minor whose
12operating privilege is revoked, suspended or restricted, or his or her parent or
13guardian. Persons entitled to receive this information shall not disclose the
14information to other persons or agencies.
AB232, s. 4 15Section 4. 943.21 (title) of the statutes is amended to read:
AB232,3,17 16943.21 (title) Fraud on hotel or restaurant keeper or, taxicab operator,
17or gas station.
AB232, s. 5 18Section 5. 943.21 (1) (d) of the statutes is created to read:
AB232,3,2119 943.21 (1) (d) Having obtained gasoline or diesel fuel from a service station,
20garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale
21at retail, intentionally absconds without paying for the gasoline or diesel fuel.
AB232, s. 6 22Section 6. 943.21 (2r) of the statutes is created to read:
AB232,4,223 943.21 (2r) The failure or refusal to pay a service station, garage, or other place
24where gasoline or diesel fuel is sold at retail or offered for sale at retail the
25established charge for gasoline or diesel fuel provided by the service station, garage,

1or other place constitutes prima facie evidence of an intent to abscond without
2payment.
AB232, s. 7 3Section 7. 943.21 (3) of the statutes, as affected by 2001 Wisconsin Act 109,
4is renumbered 943.21 (3) (am), and 943.21 (3) (am) (intro.), as renumbered, is
5amended to read:
AB232,4,66 943.21 (3) (am) (intro.) Whoever violates this section sub. (1) (a), (b), or (c):
AB232, s. 8 7Section 8. 943.21 (3) (bm) of the statutes is created to read:
AB232,4,88 943.21 (3) (bm) Whoever violates sub. (1) (d) is subject to a Class D forfeiture.
AB232, s. 9 9Section 9. 943.21 (3m) of the statutes is created to read:
AB232,4,1010 943.21 (3m) (a) Definitions. In this subsection:
AB232,4,1111 1. "Operating privilege" has the meaning given in s. 340.01 (40).
AB232,4,1312 2. "Repeat offense" means a violation of sub. (1) (d) that occurs after a person
13has been found by a court to have violated sub. (1) (d).
AB232,4,1714 (b) Driver's license suspension; 2nd offense. Subject to pars. (c) and (d), if a
15person commits a repeat offense, the court, in addition to imposing any penalty under
16sub. (3) (bm), may suspend the person's operating privilege for not more than 6
17months.
AB232,4,2218 (c) Driver's license suspension; 3rd offense. Subject to par. (d), if a person
19violates sub. (1) (d) after having been found by a court to have committed an offense
20that constitutes a repeat offense, the court, in addition to imposing any penalty
21under sub. (3) (bm), shall suspend the person's operating privilege for not more than
226 months.
AB232,5,223 (d) Driver's license suspension; 4th offense. If a person violates sub. (1) (d) after
24having his or her operating privilege suspended under par. (c), the court, in addition

1to imposing any penalty under sub. (3) (bm), shall suspend the person's operating
2privilege for one year.
AB232, s. 10 3Section 10. 943.212 (title) of the statutes is amended to read:
AB232,5,5 4943.212 (title) Fraud on hotel or restaurant keeper or, taxicab operator,
5or gas station
; civil liability.
AB232, s. 11 6Section 11. 943.212 (1) (a) of the statutes is amended to read:
AB232,5,117 943.212 (1) (a) The retail value of the beverage, food, lodging, accommodation,
8gasoline or diesel fuel, transportation or service involved in the violation. A person
9may recover under this paragraph only if he or she exercises due diligence in
10demanding payment for the beverage, food, lodging, accommodation, gasoline or
11diesel fuel,
transportation or service.
AB232, s. 12 12Section 12. 943.212 (4) of the statutes is renumbered 943.212 (4) (a).
AB232, s. 13 13Section 13. 943.212 (4) (b) of the statutes is created to read:
AB232,5,1514 943.212 (4) (b) This subsection does not apply to an action based on acts that
15constitute a violation of s. 943.21 (1) (d).
AB232,5,1616 (End)
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