LRB-2951/2
PJH:kmg:rs
2003 - 2004 LEGISLATURE
October 27, 2003 - Introduced by Representatives Musser, Pettis, Schneider, M.
Lehman, Hines, Boyle, F. Lasee, Hahn, Plouff, Grothman, Owens, Gronemus,
Seratti and Van Roy, cosponsored by Senators A. Lasee, Breske and Decker.
Referred to Committee on Transportation.
AB615,1,2
1An Act to amend 343.23 (2) (b) of the statutes;
relating to: operating certain
2vehicles with a prohibited blood alcohol concentration.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) maintains a
driving record for every person who possesses a driver's license. When DOT receives
notice that a person was convicted of an offense relating to operating certain vehicles
while intoxicated or operating certain vehicles with a prohibited blood alcohol
concentration, that information is kept permanently in the person's driving record.
2003 Wisconsin Act 30 requires DOT to purge the record of a first violation from
a driver's record if the person who committed the violation had a blood alcohol
concentration between 0.08 and 0.1 at the time of the violation, if the person does not
have a commercial driver license, if the violation was not committed by a person
operating a commercial motor vehicle, and if the person does not commit another
alcohol-related driving offense during that ten-year period.
This bill requires DOT to purge a person's driving record of a first conviction for
operating certain vehicles with a prohibited alcohol concentration after ten years, if
the person does not commit another offense within that time period and if the person
does not hold a commercial driver's license or was not operating a commercial motor
vehicle at the time of the violation.
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:
AB615,3,53
343.23
(2) (b) The information specified in par. (a) must be filed by the
4department so that the complete operator's record is available for the use of the
5secretary in determining whether operating privileges of such person shall be
6suspended, revoked, canceled, or withheld in the interest of public safety. The record
7of suspensions, revocations, and convictions that would be counted under s. 343.307
8(2) shall be maintained permanently, except that the department shall purge the
9record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
10350.101 (1) (b) after 10 years, if the person who committed the violation
had a blood
11alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
12if the person does not have a commercial driver license, if the violation was not
13committed by a person operating a commercial motor vehicle, and if the person has
14no other suspension, revocation, or conviction that would be counted under s. 343.307
15during that 10-year period. The record of convictions for disqualifying offenses
16under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of
17convictions for disqualifying offenses under s. 343.315 (2) (f) and (j) shall be
18maintained for at least 3 years. The record of convictions for disqualifying offenses
19under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years
20after a licensee transfers residency to another state such record may be transferred
21to another state of licensure of the licensee if that state accepts responsibility for
1maintaining a permanent record of convictions for disqualifying offenses. Such
2reports and records may be cumulative beyond the period for which a license is
3granted, but the secretary, in exercising the power of suspension granted under s.
4343.32 (2) may consider only those reports and records entered during the 4-year
5period immediately preceding the exercise of such power of suspension.
AB615,3,87
(1)
This act takes effect on September 30, 2003, or on the day after publication,
8whichever is later.
