SB325-SSA1,7,168
343.10
(6) Fee. No person may file
a petition an application for an occupational
9license
under sub. (1) unless he or she first pays a fee of $40
to the clerk of the circuit
10court if the petition is to a judge of the circuit court, to the municipal court if the
11petition is to a judge of the municipal court or to the department if the petition is to
12the department
under sub. (10). The clerk of the circuit court or the municipal court
13official shall give the person a receipt and forward the fee to the county or municipal
14treasurer, respectively. That treasurer shall pay 50% of the fee to the state treasurer
15under s. 59.20 (8r) and retain the balance for the use of the county or municipality,
16respectively. The department shall give the person a receipt.
SB325-SSA1, s. 18
18Section
18. 343.10 (7) (b), (c) and (cm) of the statutes are amended to read:
SB325-SSA1,7,2219
343.10
(7) (b) The department shall issue an occupational license as soon as
20practicable upon receipt of
an application to the department under sub. (1) or an
21order
from a court under sub. (4) or s. 351.07 for such a license, if the department
22determines that the
petitioner applicant is eligible under sub. (2).
SB325-SSA1,8,223
(c) If the
court order permits operation of both commercial motor vehicles and
24noncommercial motor vehicles and the person is disqualified under s. 343.315 but
1otherwise eligible under sub. (2), the department shall issue an occupational license
2authorizing operation only of vehicles other than commercial motor vehicles.
SB325-SSA1,8,73
(cm) If the
order occupational license includes the restriction specified in sub.
4(5) (a) 3
., the department shall not issue the occupational license until the
person 5applicant provides evidence satisfactory to the department that any motor vehicle
6that the
person applicant will be permitted to operate has been equipped with a
7functioning ignition interlock device.
SB325-SSA1, s. 19
8Section
19. 343.10 (7) (e) and (f) of the statutes are amended to read:
SB325-SSA1,8,229
343.10
(7) (e) The occupational license issued by the department shall contain
10such the restrictions
as are ordered by the judge. In addition to such restrictions an 11required by sub. (5). The occupational license authorizes the licensee to operate a
12motor vehicle
not to exceed 12 hours per day and then only when
such that operation
13is an essential part of the licensee's occupation or trade. If the
order permits
14operation of commercial motor vehicles and the department determines that the
15petitioner applicant is eligible under sub. (2), the department may impose such
16conditions and limitations upon the authorization to operate commercial
or
17noncommercial motor vehicles as in the secretary's judgment are necessary in the
18interest of public safety and welfare, including reexamination of the person's
19qualifications to operate a commercial
or noncommercial motor vehicle or a
20particular type thereof. The department may limit such authorization to include,
21without limitation, the operation of particular vehicles, particular kinds of operation
22and particular traffic conditions.
SB325-SSA1,9,623
(f) The expiration date of the occupational license is the
2nd working day after
24the date of termination of the period of revocation or suspension as provided by law.
25The occupational license may be revoked, suspended or canceled before termination
1of that period. An occupational license is not renewable when it expires. If an
2occupational license expires and is not revoked, suspended or canceled, the licensee
3may obtain a new license upon that expiration but only if he or she complies with the
4conditions specified in s. 343.38. Revocation, suspension or cancellation of an
5occupational license has the same effect as revocation, suspension or cancellation of
6any other license.
SB325-SSA1,9,118
343.10
(9) Notice. The department shall inform a person whose operating
9privilege
has been is revoked or suspended under this chapter of his or her right to
10petition the court apply to the department for issuance of an occupational license
11under this section.
SB325-SSA1,9,2215
343.10
(1) (d) If the
petitioner's
applicant's commercial driver license has been
16suspended or revoked for a violation of s. 346.63 (1) or a local ordinance in conformity
17therewith or a law of a federally recognized American Indian tribe or band in this
18state in conformity with s. 346.63 (1) and the person was not operating a commercial
19motor vehicle at the time of the violation,
a petition
an application seeking issuance
20of an occupational license authorizing operation of "Class A", "Class B" or "Class C"
21vehicles may be filed
directly with the department. The
petition application may also
22seek authorization to operate "Class D" or "Class M" vehicles.
SB325-SSA1, s. 23
23Section
23. 343.10 (10) (am) of the statutes is renumbered 343.10 (1) (f) and
24amended to read:
SB325-SSA1,10,5
1343.10
(1) (f) If the
petitioner's applicant's commercial driver license has been
2suspended or revoked under ch. 344,
a petition an application seeking issuance of an
3occupational license authorizing operation of "Class A", "Class B" or "Class C"
4vehicles may be filed
directly with the department. The
petition application may not
5seek authorization to operate "Class D" or "Class M" vehicles.
SB325-SSA1, s. 24
6Section
24. 343.10 (10) (b) of the statutes is renumbered 343.10 (7) (g) and
7amended to read:
SB325-SSA1,10,198
343.10
(7) (g)
There Notwithstanding sub. (2) (a) 4., there shall be no minimum
9waiting period before the issuance of an occupational license under this subsection
10authorizing operation of only "Class A", "Class B" or "Class C" vehicles
if the
11applicant's commercial driver license has been suspended or revoked for a violation
12of s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally
13recognized American Indian tribe or band in this state in conformity with s. 346.63
14(1) and the person was not operating a commercial motor vehicle at the time of the
15violation or has been suspended or revoked under ch. 344. If the
petition application 16also seeks authorization to operate "Class D" or "Class M" vehicles, the department
17may issue an occupational license if at least 15 days have elapsed since the date of
18suspension or revocation unless another minimum waiting period or eligibility at
19any time is provided by law.
SB325-SSA1, s. 25
20Section
25. 343.10 (10) (bm) of the statutes is renumbered 343.10 (1) (e) and
21amended to read:
SB325-SSA1,11,322
343.10
(1) (e) If the
petitioner's
applicant's commercial driver license has been
23suspended or revoked under s. 343.32 (2),
a petition
an application seeking issuance
24of an occupational license authorizing operation of "Class A", "Class B" or "Class C"
25vehicles may be filed
directly with the department. The
petition application may also
1seek authorization to operate "Class D" or "Class M" vehicles.
The department may
2issue an occupational license after at least 15 days have elapsed since the date of
3suspension or revocation.
SB325-SSA1,11,107
343.30
(3) The
judge who court that ordered the issuance of an occupational
8license
under sub. (4) may revoke
such the license whenever the
judge court, upon
9the facts, does not see fit to permit the licensee to retain the occupational license.
10Such The revocation shall be for a period of one year.
SB325-SSA1,11,1513
343.31
(3m) (a) Any person who has his or her operating privilege revoked
14under sub. (3) (c) or (f)
may apply is eligible for an occupational license under s.
15343.10 after the first 120 days of the revocation period.
SB325-SSA1,11,1816
(b) Any person who has his or her operating privilege revoked under sub. (3)
17(e)
may apply is eligible for an occupational license under s. 343.10 after the first 60
18days of the revocation period.
SB325-SSA1,11,2320
343.32
(6) There shall be no minimum waiting period before
a petition for 21issuance of an occupational license under s. 343.10 to a person whose operating
22privilege has been suspended or revoked under sub. (2)
may be considered if the
23person is otherwise eligible for issuance of an occupational license.
SB325-SSA1, s. 34
1Section
34. 351.07 (1) and (1m) of the statutes are amended to read:
SB325-SSA1,12,162
351.07
(1) A person whose operating privilege has been revoked under this
3chapter as a habitual traffic offender may, after 2 years of the period of revocation
4have elapsed, petition a judge of the circuit court for the county in which the person
5resides for an order authorizing the issuance of an occupational license allowing the
6operation of vehicles other than commercial motor vehicles. The person's petition
7shall include a compelling reason why the person should be granted an occupational
8license and additional reasons why the judge should believe that the person's
9previous conduct as a traffic offender will not be repeated. The judge shall state his
10or her reasons for granting or denying the petition on the record. If the judge grants
11the petition, the judge shall issue an order authorizing the issuance of an
12occupational license, limited to the operation of vehicles other than commercial
13motor vehicles, to the person under s. 343.10. The clerk of the court shall file a copy
14of the order with the department, which shall become a part of the records of the
15department.
Upon receipt of the court order, the petitioner shall be considered an
16applicant by the department for purposes of s. 343.10.
SB325-SSA1,12,20
17(1m) Any person whose petition for issuance of an occupational license under
18sub. (1) is granted may
petition apply to the department for authorization to operate
19commercial motor vehicles. The
petitioner applicant shall proceed as provided in s.
20343.10.
SB325-SSA1,13,222
351.07
(1g) No person may file a petition for an occupational license under sub.
23(1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk
24of the circuit court shall give the person a receipt and forward the fee to the county
1treasurer. That treasurer shall pay 50% of the fee to the state treasurer under s.
259.20 (8r) and retain the balance for the use of the county.
SB325-SSA1,13,54
814.61
(14) Petition for occupational license. On filing a petition for an
5occupational license under s. 343.10 (4), $40.
SB325-SSA1,13,9
7(1) This act first applies to an application or petition for an occupational license
8or for an amendment of an occupational license restriction submitted on the effective
9date of this subsection.
SB325-SSA1,13,12
11(1)
This act takes effect on the first day of the 6th month beginning after
12publication.