LRB-3225/1
ARG:wlj:rs
2007 - 2008 LEGISLATURE
February 19, 2008 - Introduced by Representatives Petrowski, Grigsby, Honadel,
Berceau, Fields, Hahn, Kessler, Parisi, Pope-Roberts, Sheridan, Sinicki,
Turner, Vruwink
and A. Williams, cosponsored by Senators Taylor and
Lehman. Referred to Committee on Transportation.
AB818,2,2 1An Act to repeal 343.10 (2) (a) 3., 343.31 (1) (hm), 343.38 (4) (a), 343.38 (4) (b),
2343.39 (1) (a), 344.32 and 345.48 (3); to renumber and amend 343.26 and
3343.39 (3); to amend 118.163 (2) (a), 118.163 (2m) (a), 343.03 (1) (b), 343.05 (1)
4(a), 343.06 (2), 343.20 (1) (a), 343.28 (2), 343.30 (1g) (b), 343.30 (1q) (h), 343.30
5(4), 343.30 (6) (d), 343.305 (7) (a), 343.305 (7) (b), 343.305 (9) (a) (intro.), 343.305
6(9) (am) (intro.), 343.305 (10) (g), 343.315 (3) (a), 343.315 (3) (b), 343.32 (1m) (d),
7343.38 (title), 343.38 (1) (intro.), 343.38 (1) (a), 343.38 (2), 343.38 (3), 343.38 (4)
8(intro.), 343.39 (1) (b), 343.39 (2), 344.18 (1m) (a), 344.18 (3m) (a), 344.24, 344.26
9(1), 344.27 (2), 344.29, 344.30 (1), 344.33 (1), 344.34, 344.42, 345.47 (1) (c),
10345.48 (2), 345.48 (4), 631.37 (4) (e), 800.09 (1) (c), 938.17 (2) (d) 2., 938.34 (8),
11938.34 (8d) (d), 938.34 (14m), 938.34 (14r) (a), 938.34 (14r) (c), 938.342 (1g) (a),
12938.343 (2), 938.344 (2e) (b), 938.344 (2e) (c), 938.355 (6) (d) 2., 938.355 (6m) (a)
131m., 961.50 (1) (intro.) and 961.50 (3); and to create 343.26 (2) and 343.38 (3g)
14and (3r) of the statutes; relating to: motor vehicle operating privileges,

1seizures by courts or law enforcement officers of operator's licenses, and
2reinstatement of canceled identification cards.
Analysis by the Legislative Reference Bureau
Under current law, if a court 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). If a person is arrested for operating a motor
vehicle while under the influence of an intoxicant (OWI), a law enforcement officer
requests the person to take a test to determine the amount of alcohol in his or her
blood or breath, and the person either refuses to take the test or the test results
indicate a prohibited alcohol concentration, the officer must take possession of the
person's operator's license and forward it to DOT.
Under this bill, a court that suspends or revokes a person's operating privilege
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. Upon reinstatement of the person's operating privilege, instead of
returning the license, DOT must issue a new license. Also, a law enforcement officer
who arrests a person for OWI may not take possession of a person's operator's license.
The bill also allows a person who is otherwise eligible to obtain an occupational
license to do so without surrendering his or her revoked operator's license.
Under current law, if a court suspends a person's operating privilege for certain
violations and at the time of the suspension the person does not have a valid
operator's license, the period of operating privilege suspension does not begin until
the person is eligible and applies for an operator's license or until a specified period
of time elapses, whichever occurs first.
Under this bill, a person need not apply for issuance, renewal, or reinstatement
of an operator's license to trigger the commencement of the period of operating
privilege suspension. The period of operating privilege suspension begins when the
person first becomes eligible for issuance, renewal, or reinstatement of an operator's
license.
Various provisions of current law control the issuance of an operator's license,
or the reinstatement of an operating privilege, after suspension or revocation. This
bill eliminates, as a condition of issuing an operator's license to a person moving to
this state whose operating privilege was previously suspended or revoked in another
state, the following requirements: that the person's operating privilege has been
reinstated by another state if the person is eligible for reinstatement in the other
state; that the period of suspension or revocation that would be required under the
laws of this state had the offense been committed in this state has expired; and that
the person submit proof of financial responsibility to DOT. This bill also eliminates
the requirement that a nonresident whose operating privilege is revoked in this state
obtain a valid operator's license issued by his or her resident state as a condition of
reinstatement by DOT of the nonresident's operating privilege. This bill eliminates

further any requirement that nonresidents provide proof of financial responsibility
with respect to reinstatement of an operating privilege or registration suspended in
this state as a result of failure to demonstrate financial responsibility after a motor
vehicle accident or judgement arising from an accident.
Current law provides in most cases for automatic reinstatement of a person's
suspended operating privilege after the period of operating privilege suspension has
terminated and the person has paid the reinstatement fee. However, after revocation
of a person's operating privilege, disqualification of a person's authorization to
operate a commercial motor vehicle, or cancellation of a person's operator's license,
in most cases reinstatement requires DOT to issue a new operator's license.
Reinstated licenses expire two years from the person's next birthday.
This bill provides for automatic reinstatement of a person's revoked operating
privilege if the applicable period of revocation has expired and the person has applied
for reinstatement and paid to DOT the applicable fee. The bill also provides for
automatic reinstatement of a person's canceled operator's license or identification
card if the cancellation occurred for specified reasons, the person has paid to DOT
the applicable fee, and the reasons for the cancellation have been rectified.
The bill clarifies the general requirements for reinstatement of a person's
authorization to operate a commercial motor vehicle. Under the bill, upon a person's
application for reinstatement, DOT may reinstate the person's authorization to
operate a commercial motor vehicle and issue a commercial driver license to the
person if the person has paid the required fees and taken any examination required
by DOT; however, DOT may not do so during any period of disqualification under
state or federal law, under the law of another jurisdiction disqualifying the person
from operating a commercial motor vehicle under circumstances similar to those
specified in state or federal law, or under a federal agency determination that the
person is no longer qualified to operate a commercial motor vehicle. The bill also
provides for automatic reinstatement if the disqualification results from the
issuance of a 24-hour out-of-service order. The bill eliminates the two-year
expiration period for reinstated licenses if the license is canceled on a basis for which
automatic reinstatement applies.
Under current law, a court must revoke a person's operating privilege for
specified OWI violations and for the improper refusal to take a test to determine the
amount of alcohol in the person's blood or breath. The period of operating-privilege
revocation for an OWI conviction must be reduced by any period of revocation
previously served for a test refusal, and vice versa, and the periods of revocation
remaining must run concurrently, if the revocation for the OWI violation and the
revocation for the test refusal arise out of the same incident or occurrence.
Under this bill, a court may order a period of revocation resulting from an OWI
violation or a test refusal, or a period of suspension resulting from an excessive
chemical test result, to run concurrently with any period of time remaining on any
other revocation or suspension regardless of whether it arises out of the same
incident or occurrence.
Under current law, a court may suspend a person's operating privilege for any
period not exceeding six months upon the person's conviction for operating after

revocation (OAR) or operating while suspended (OWS) or operating a commercial
motor vehicle during a period in which the person is disqualified (OWD). However,
a court must revoke a person's operating privilege, for a period of six months or less,
upon the person's conviction for OAR, OWS, or OWD if the person has been convicted
of three or more prior violations of OAR, OWS, or OWD within the preceding
five-year period. In addition, DOT must administratively revoke a person's
operating privilege, for a period of six months unless the court has ordered a
revocation for a lesser period, upon receiving a record of conviction showing that the
person has been convicted of OAR, OWS, or OWD if the person has been convicted
of three or more prior violations of OAR, OWS, or OWD within the preceding
five-year period.
This bill makes court-ordered operating privilege revocation for a fourth
offense OAR, OWS, or OWD permissive rather than mandatory and eliminates the
requirement that DOT administratively revoke a person's operating privilege for a
fourth offense OAR, OWS, or OWD.
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:
AB818, s. 1 1Section 1. 118.163 (2) (a) of the statutes is amended to read:
AB818,4,72 118.163 (2) (a) Suspension of the person's operating privilege for not less than
330 days nor more than one year. The court shall immediately may take possession
4of any suspended license and forward it. If the court takes possession of a license,
5it shall destroy the license. The court shall forward
to the department of
6transportation together with a notice stating the reason for and the duration of the
7suspension.
AB818, s. 2 8Section 2. 118.163 (2m) (a) of the statutes is amended to read:
AB818,5,39 118.163 (2m) (a) A county, city, village or town may enact an ordinance
10permitting a court to suspend the operating privilege of a person who is at least 16
11years of age but less than 18 years of age and is a dropout. The ordinance shall
12provide that the court may suspend the person's operating privilege until the person
13reaches the age of 18. The court shall immediately may take possession of any

1suspended license and forward it. If the court takes possession of a license, it shall
2destroy the license. The court shall forward
to the department of transportation
3together with a notice stating the reason for and the duration of the suspension.
AB818, s. 3 4Section 3. 343.03 (1) (b) of the statutes is amended to read:
AB818,5,75 343.03 (1) (b) The department shall issue operator's licenses in conformity with
6the classified driver license system to each licensee upon renewal, reinstatement or
7initial application, or cancellation under s. 343.26 (1).
AB818, s. 4 8Section 4. 343.05 (1) (a) of the statutes is amended to read:
AB818,5,169 343.05 (1) (a) Except as provided in this subsection, no person may at any time
10have more than one operator's license. This prohibition includes, without limitation,
11having licenses from more than one state, having licenses under more than one name
12or birthdate, having an occupational license without having surrendered the revoked
13or suspended license document,
and having more than one license issued for the
14operation of different types or classes of vehicles. This paragraph does not apply to
15any person who has only operator's licenses issued by this state and by a country,
16province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).
AB818, s. 5 17Section 5. 343.06 (2) of the statutes is amended to read:
AB818,6,518 343.06 (2) The department shall not issue a commercial driver license,
19including a renewal or reinstated license, to any person, or reinstate a person's
20authorization to operate a commercial motor vehicle,
during any period of
21disqualification under s. 343.315 or 49 CFR 383.51 or , under the law of another
22jurisdiction in substantial conformity therewith, as the result of one or more
23disqualifying offenses committed on or after July 1, 1987,
disqualifying a person
24from operating a commercial motor vehicle under circumstances similar to those
25specified in s. 343.315 or 49 CFR 383.51, or under a determination by the federal

1motor carrier safety administration that the person is no longer qualified to operate
2a commercial motor vehicle under 49 CFR 391,
or to any person whose operating
3privilege is revoked, suspended, or canceled. Any person who is known to the
4department to be subject to disqualification as described in s. 343.44 (1) (d) shall be
5disqualified by the department as provided in s. 343.315.
AB818, s. 6 6Section 6. 343.10 (2) (a) 3. of the statutes is repealed.
AB818, s. 7 7Section 7. 343.20 (1) (a) of the statutes is amended to read:
AB818,6,198 343.20 (1) (a) Except as otherwise expressly provided in this chapter,
9reinstated licenses, probationary licenses issued under s. 343.085, licenses issued
10after cancellation under s. 343.26 (1),
and original licenses other than instruction
11permits shall expire 2 years from the date of the applicant's next birthday. Subject
12to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after
13the date of issuance. The department may institute any system of initial license
14issuance which it deems advisable for the purpose of gaining a uniform rate of
15renewals. In order to put such a system into operation, the department may issue
16licenses which are valid for any period less than the ordinary effective period of such
17license. If the department issues a license that is valid for less than the ordinary
18effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a),
19(b) and (d) shall be prorated accordingly.
AB818, s. 8 20Section 8. 343.26 of the statutes, as affected by 2007 Wisconsin Act 20, section
213290, is renumbered 343.26 (1) and amended to read:
AB818,7,222 343.26 (1) Any Except as provided in sub. (2), any person whose license has
23been canceled, whether the license has been canceled by the secretary or stands
24canceled as a matter of law, may apply for a new license at any time. Upon receipt
25of the application and all required fees, the department shall issue or refuse issuance

1of the license as upon an original application. The department may, but need not,
2require the applicant to submit to an examination as provided in s. 343.16.
AB818, s. 9 3Section 9. 343.26 (2) of the statutes is created to read:
AB818,7,64 343.26 (2) If a person's license has been canceled under s. 343.25 (2) or (3), or
5canceled because of the person's nonpayment of a fee, the person's license may be
6reinstated as provided in s. 343.38 (3g).
AB818, s. 10 7Section 10. 343.28 (2) of the statutes is amended to read:
AB818,7,208 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31
9makes mandatory the revocation by the secretary of such person's operating
10privilege, the court in which the conviction occurred shall may require the surrender
11to it of any license then held by such person. If the court requires surrender of a
12license, the court shall destroy the license.
The clerk of the court, or the justice, judge
13or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
14department the record of conviction and any surrendered licenses. The record of
15conviction forwarded to the department
, which shall state whether the offender was
16involved in an accident at the time of the offense, whether the offender was operating
17a commercial motor vehicle at the time of the offense and, if so, whether the offender
18was transporting hazardous materials requiring placarding or any quantity of a
19material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle
20designed to carry, or actually carrying, 16 or more passengers, including the driver.
AB818, s. 11 21Section 11. 343.30 (1g) (b) of the statutes is amended to read:
AB818,8,422 343.30 (1g) (b) A court shall may revoke a person's operating privilege upon the
23person's conviction for violating s. 343.44 (1) (a), (b), or (d) or a local ordinance in
24conformity therewith if the person has been convicted of 3 or more prior violations
25of s. 343.44 (1) (a), (b), or (d), or similar violations under s. 343.44 (1), 1997 stats., or

1a local ordinance in conformity therewith, within the 5-year period preceding the
2violation. The Any revocation under this paragraph shall be for a period of 6 months,
3unless the court orders a period of revocation of less than 6 months and places its
4reasons for ordering the lesser period of revocation on the record.
AB818, s. 12 5Section 12. 343.30 (1q) (h) of the statutes is amended to read:
AB818,8,196 343.30 (1q) (h) The court or department shall provide that the period of
7suspension or revocation imposed under this subsection shall be reduced by any
8period of suspension or revocation previously served under s. 343.305 if the
9suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
10(1) or (2m) or a local ordinance in conformity therewith arise out of the same incident
11or occurrence. The court or department shall order that the period of suspension or
12revocation imposed under this subsection run concurrently with any period of time
13remaining on a suspension or revocation imposed under s. 343.305 arising out of the
14same incident or occurrence. The court or department may order that the period of
15suspension or revocation imposed under this subsection run concurrently with any
16period of time remaining on any other suspension or revocation regardless of
17whether it arises out of the same incident or occurrence.
The court may modify an
18occupational license authorized under s. 343.305 (8) (d) in accordance with this
19subsection.
AB818, s. 13 20Section 13. 343.30 (4) of the statutes is amended to read:
AB818,9,321 343.30 (4) Whenever a court or judge suspends or revokes an operating
22privilege under this section, the court or judge shall immediately may take
23possession of any suspended or revoked license and. If the court takes possession of
24a license, it shall destroy the license. The court
shall forward it, as provided in s.
25345.48, to the department together with the record of conviction and notice of

1suspension or revocation. Whenever a court or judge restricts the operating privilege
2of a person, the court or judge shall forward notice of the restriction to the
3department.
AB818, s. 14 4Section 14. 343.30 (6) (d) of the statutes is amended to read:
AB818,9,115 343.30 (6) (d) If the person subject to suspension under this subsection does not
6hold a valid license under this chapter other than a license under s. 343.07 or 343.08
7on the date of disposition, the suspension under par. (b) shall commence on the date
8that such a license would otherwise be reinstated or issued after the person applies
9and qualifies for issuance or 2 years from the date of disposition, whichever occurs
10first
on which the person is first eligible for issuance, renewal, or reinstatement of
11an operator's license under this chapter
.
AB818, s. 15 12Section 15. 343.305 (7) (a) of the statutes is amended to read:
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