AB51: Bill Text

LRB-1156/1

ARG:cmh:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 51

January 27, 2005 - Introduced by Representatives Ainsworth, Hahn, Hines, Kestell, Musser, Ott, Owens and Petrowski, cosponsored by Senator Olsen. Referred to Committee on Corrections and the Courts.

AB51,1,8 An Act to repeal 343.10 (2) (a) 3. and 345.48 (3); and to amend 118.163 (2) (a), 118.163 (2m) (a), 343.05 (1) (a), 343.28 (2), 343.30 (4), 343.305 (7) (a), 343.305 (7) (b), 343.305 (9) (a) (intro.), 343.305 (9) (am) (intro.), 343.39 (2), 345.47 (1) (c), 345.48 (2), 345.48 (4), 800.09 (1) (c), 938.17 (2) (d), 938.34 (8), 938.34 (8d) (d), 938.34 (14m), 938.34 (14r) (a), 938.342 (1g) (a), 938.343 (2), 938.344 (2e) (b), 938.355 (6) (d) 2., 938.355 (6m) (a) 1m. and 961.50 (1) (intro.) of the statutes; relating to: seizure by a court or law enforcement officer of a motor vehicle operator's license and reinstatement of an operating privilege.

Analysis by the Legislative Reference Bureau

Under current law, if a person is convicted of an offense for which revocation of the person's operating privilege is mandatory, or if a court otherwise suspends or revokes a person's operating privilege, the court must take possession of the person's operator's license and forward it to the Department of Transportation (DOT).

Under this bill, a court under these circumstances may take possession of a person's operator's license but is not required to do so. If a court does take possession of a person's operator's license, the court must destroy the license.

Under current law, if a person is arrested for driving or operating a motor vehicle while under the influence of an intoxicant (OWI), a law enforcement officer may request the person to take a test to determine the amount of alcohol in his or her blood or breath. If a person submits to the test and the test results indicate a prohibited alcohol concentration, or if the person refuses to take the test, the officer must take possession of the person's operator's license and forward it to DOT. Under this bill, a law enforcement officer under these circumstances may not take possession of a person's operator's license.

Under current law, with certain exceptions, a person whose operating privilege is suspended or revoked may apply for an occupational license authorizing the person to operate a motor vehicle for limited purposes. To obtain an occupational license, a person must surrender his or her suspended or revoked operator's license. Under this bill, a person who is otherwise eligible to obtain an occupational license may do so without surrendering his or her revoked operator's license.

Under current law, with limited exceptions, a suspended operating privilege is automatically reinstated when the period of suspension has terminated and a reinstatement fee is paid to DOT or when the suspension is based on a conviction and the conviction is reversed, set aside, or vacated. Whenever a person's operating privilege is automatically reinstated, DOT must notify the person and return any surrendered and unexpired license in its possession.

Also under current law, if a court suspends a person's operating privilege for failure to pay a forfeiture or surcharge, the court must take possession of the person's suspended operator's license and forward it to DOT, and DOT must return the license to the person upon payment of the forfeiture or surcharge and payment of the reinstatement fee.

Under this bill, which requires the court to destroy a person's operator's license if the court takes possession of it, DOT does not return a person's suspended operator's license upon reinstatement of the person's operating privilege. Instead, if the person has satisfied all requirements for reinstatement, including, if applicable, payment of any required reinstatement fee, DOT must issue a new license without any additional fee for the license if the person no longer possesses the license.

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:

AB51, s. 1 Section 1. 118.163 (2) (a) of the statutes is amended to read:

AB51,3,2 118.163 (2) (a) Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately may take possession of, and if possession is taken, shall destroy, any suspended license and forward it. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB51, s. 2 Section 2. 118.163 (2m) (a) of the statutes is amended to read:

AB51,3,11 118.163 (2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege until the person reaches the age of 18. The court shall immediately may take possession of, and if possession is taken, shall destroy, any suspended license and forward it. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB51, s. 3 Section 3. 343.05 (1) (a) of the statutes is amended to read:

AB51,3,20 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).

AB51, s. 4 Section 4. 343.10 (2) (a) 3. of the statutes is repealed.

AB51, s. 5 Section 5. 343.28 (2) of the statutes is amended to read:

AB51,4,11 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall may require the surrender to it of any license then held by such person and, if the court requires surrender of a license, the court shall destroy the license. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department, which shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

AB51, s. 6 Section 6. 343.30 (4) of the statutes is amended to read:

AB51,4,19 343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately may take possession of, and if possession is taken, shall destroy, any suspended or revoked license and. The court or judge shall forward it, as provided in s. 345.48 , to the department together with the record of conviction and notice of suspension or revocation. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.

AB51, s. 7 Section 7. 343.305 (7) (a) of the statutes is amended to read:

AB51,5,2 343.305 (7) (a) If a person submits to chemical testing administered in accordance with this section and any test results indicate the presence of a detectable amount of a restricted controlled substance in the person's blood or a prohibited alcohol concentration, the law enforcement officer shall report the results to the department and take possession of the person's license and forward it to the department. The person's operating privilege is administratively suspended for 6 months.

AB51, s. 8 Section 8. 343.305 (7) (b) of the statutes is amended to read:

AB51,5,15 343.305 (7) (b) If a person who was driving or operating or on duty time with respect to a commercial motor vehicle submits to chemical testing administered in accordance with this section and any test results indicate an alcohol concentration above 0.0, the law enforcement officer may take possession of the person's license and retain the license for 24 hours. The person may reclaim a seized license in person or request return of the license by mail. The law enforcement officer shall issue a citation for violation of s. 346.63 (7) (a) 1., issue citations for such other violations as may apply and issue an out-of-service order to the person for the 24 hours after the testing, and report both the out-of-service order and the test results to the department in the manner prescribed by the department. If the person is a nonresident, the department shall report issuance of the out-of-service order to the driver licensing agency in the person's home jurisdiction.

AB51, s. 9 Section 9. 343.305 (9) (a) (intro.) of the statutes is amended to read:

AB51,6,6 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

AB51, s. 10 Section 10. 343.305 (9) (am) (intro.) of the statutes is amended to read:

AB51,6,22 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made or to the municipal court in the municipality in which the refusal is made if the person's refusal was in violation of a municipal ordinance and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

AB51, s. 11 Section 11. 343.39 (2) of the statutes is amended to read:

AB51,7,7 343.39 (2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the person's license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege. If the person has satisfied all requirements under sub. (1), including, if applicable, payment of the reinstatement fee required under sub. (1) (a), the department shall issue a new license without any additional fee for the license if the person no longer possesses the license.

AB51, s. 12 Section 12. 345.47 (1) (c) of the statutes is amended to read:

AB51,7,20 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately may take possession of, and if possession is taken, shall destroy, the suspended license and the court or judge shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, plus costs, fees, and surcharges imposed under ch. 814. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB51, s. 13 Section 13. 345.48 (2) of the statutes is amended to read:

AB51,8,3 345.48 (2) If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under s. 343.31, or for which the court revokes or suspends his or her operating privilege under s. 343.30, the court shall immediately may take possession of, and if possession is taken, shall destroy, the suspended or revoked license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under sub. (1m).

AB51, s. 14 Section 14. 345.48 (3) of the statutes is repealed.

AB51, s. 15 Section 15. 345.48 (4) of the statutes is amended to read:

AB51,8,9 345.48 (4) If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed and shall return any surrendered license. Thereafter, the court shall notify the department as required under s. 343.325 (1) (b) and (c).

AB51, s. 16 Section 16. 800.09 (1) (c) of the statutes is amended to read:

AB51,8,22 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 2 years. The court shall may take possession of, and if possession is taken, shall destroy, the suspended license and. The court shall forward the license along with, a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

AB51, s. 17 Section 17. 938.17 (2) (d) of the statutes is amended to read:

AB51,9,16 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon, if the license is issued under ch. 29, return the license to the person.

AB51, s. 18 Section 18. 938.34 (8) of the statutes is amended to read: