LRB-0552/1
RPN:jld:jf
2009 - 2010 LEGISLATURE
February 3, 2009 - Introduced by Senators Kedzie, Olsen and Cowles, cosponsored
by Representatives Nass, Lothian, Kerkman, Strachota, A. Ott, Townsend,
Nygren, Spanbauer
and Honadel. Referred to Committee on Transportation,
Tourism, Forestry, and Natural Resources.
SB34,1,2 1An Act to amend 343.30 (1q) (b) 2., 343.305 (8) (d), 343.31 (3) (bm) 2. and 346.63
2(2m) of the statutes; relating to: eligibility for an occupational license.
Analysis by the Legislative Reference Bureau
Under current law, if a person's operating privilege is suspended or revoked, the
person may apply for an occupational license, which restricts when and where the
person is allowed to drive, such as to and from work. In most cases, the person is not
eligible for an occupational license until 15 days after the date of the suspension or
revocation. In some cases involving serious offenses, the person is not eligible for an
occupational license until one year after the date of the suspension or revocation.
Currently, persons whose suspension or revocation is the result of any of the
following are eligible for an occupational license immediately:
1. An administrative suspension after a chemical test indicates the presence
of a restricted controlled substance or a prohibited alcohol concentration.
2. The first conviction of operating a motor vehicle while under the influence
of a controlled substance or an intoxicant.
3. The conviction of operating a motor vehicle while having any alcohol in the
person's blood if the person is under the legal drinking age.
This bill removes the immediate eligibility for those persons whose suspension
or revocation is described in items 1. to 3., above, and delays their eligibility to receive
an occupational license until 15 days after the date of the suspension or revocation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB34, s. 1
1Section 1. 343.30 (1q) (b) 2. of the statutes is amended to read:
SB34,2,52 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
3conviction, the court shall revoke the person's operating privilege for not less than
46 months nor more than 9 months. The person is eligible for an occupational license
5as provided under s. 343.10 at any time.
SB34, s. 2 6Section 2. 343.305 (8) (d) of the statutes is amended to read:
SB34,2,97 343.305 (8) (d) A person who has his or her operating privilege
8administratively suspended under this subsection and sub. (7) (a) is eligible for an
9occupational license as provided under s. 343.10 at any time.
SB34, s. 3 10Section 3. 343.31 (3) (bm) 2. of the statutes is amended to read:
SB34,2,1711 343.31 (3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first
12conviction, the department shall revoke the person's operating privilege for not less
13than 6 months nor more than 9 months. If an Indian tribal court in this state revokes
14the person's privilege to operate a motor vehicle on tribal lands for not less than 6
15months nor more than 9 months for the conviction specified in par. (bm) (intro.), the
16department shall impose the same period of revocation. The person is eligible for an
17occupational license as provided under s. 343.10 at any time.
SB34, s. 4 18Section 4. 346.63 (2m) of the statutes is amended to read:
SB34,3,219 346.63 (2m) If a person has not attained the legal drinking age, as defined in
20s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
21has an alcohol concentration of more than 0.0 but not more than 0.08. One penalty
22for violation of this subsection is suspension of a person's operating privilege under
23s. 343.30 (1p). The person is eligible for an occupational license as provided under
24s. 343.10 at any time. If a person arrested for a violation of this subsection refuses

1to take a test under s. 343.305, the refusal is a separate violation and the person is
2subject to revocation of the person's operating privilege under s. 343.305 (10) (em).
SB34,3,33 (End)
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