LRBs0406/1
TNF&RPN:skg:jlb
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 325
January 16, 1996 - Offered by
Joint committee on Finance.
SB325-SSA1,1,11
1An Act to repeal 343.10 (1) (c), 343.10 (7) (a), 343.10 (10) (title), 343.10 (10) (c)
2and (d), 343.30 (1q) (b) 6., 343.305 (10) (b) 6., 343.345 and 345.47 (4);
to
3renumber and amend 343.10 (3), 343.10 (10) (a), 343.10 (10) (am), 343.10 (10)
4(b) and 343.10 (10) (bm);
to amend 25.40 (1) (im), 59.20 (8r), 343.05 (2) (a) 4.,
5343.10 (1) (title) and (a), 343.10 (1) (b), 343.10 (2) (a) 1., 343.10 (2) (a) 3., 343.10
6(2) (b), 343.10 (3) (title), 343.10 (5) (a), 343.10 (6), 343.10 (7) (b), (c) and (cm),
7343.10 (7) (e) and (f), 343.10 (9), 343.30 (3), 343.31 (3m), 343.32 (6) and 351.07
8(1) and (1m);
to repeal and recreate 343.10 (4); and
to create 343.10 (2) (a)
94., 343.10 (3) (b), 351.07 (1g) and 814.61 (14) of the statutes;
relating to: the
10issuance of occupational licenses by the department of transportation and
11suspension of a juvenile's operating privilege for failure to pay a forfeiture.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB325-SSA1, s. 1
12Section
1. 25.40 (1) (im) of the statutes is amended to read:
SB325-SSA1,2,313
25.40
(1) (im) All moneys forwarded by county treasurers from fees under s.
14343.10 (6) 351.07 (1g), as provided in ss. 59.20 (8r)
and 343.10 (6), and all moneys
1forwarded by municipal treasurers from fees under s. 343.10 (6), as provided in s.
2343.10 (6), and all moneys forwarded by the department from fees under s. 343.10
3(6).
SB325-SSA1,2,65
59.20
(8r) Forward 50% of the fees received under s.
343.10 (6) 351.07 (1g) to
6the state treasurer for deposit in the transportation fund under s. 25.40 (1) (im).
SB325-SSA1, s. 3
7Section
3. 343.05 (2) (a) 4. of the statutes is amended to read:
SB325-SSA1,2,108
343.05
(2) (a) 4. A person with a temporary license under s.
343.10 (4) or 9343.305 (8) (a) which expressly authorizes the operation of the applicable class and
10type of commercial motor vehicle and which is not expired.
SB325-SSA1, s. 4
11Section
4. 343.10 (1) (title) and (a) of the statutes are amended to read:
SB325-SSA1,2,2112
343.10
(1) (title)
Petition
Application for occupational license. (a) If a
13person's license or operating privilege is revoked or suspended under this chapter or
14s. 161.50 and if the person is engaged in an occupation, including homemaking or
15full-time or part-time study, or a trade making it essential that he or she operate a
16motor vehicle, the person, after payment of the fee provided in sub. (6), may file
a
17petition an application with the department setting forth in detail the need for
18operating a motor vehicle.
No person may file more than one application with respect
19to each revocation or suspension of the person's license or operating privilege under
20this chapter or s. 161.50, except that this limitation does not apply to an application
21to amend an occupational license restriction.
SB325-SSA1, s. 5
22Section
5. 343.10 (1) (b) of the statutes is amended to read:
SB325-SSA1,3,923
343.10
(1) (b) The
petition application shall be in a form established by the
24department and shall identify the specific motor vehicle that the
petitioner applicant 25seeks authorization to operate, including the vehicle classification and any required
1endorsements. The
petition application shall include an explanation of why
2operating the motor vehicle is essential to the person's livelihood and identify the
3person's occupation or trade. The
petition application shall identify the
petitioner's 4applicant's employer, and include proof of financial responsibility as specified in s.
5343.38 (1) (c) covering the vehicle or vehicles that the
petitioner applicant requests
6authorization to operate. The
petition application shall identify the hours of
7operation and routes of travel being requested by the
petitioner applicant in accord
8with the restrictions of sub. (5). The
petitioner
applicant shall certify whether, to the
9best of personal knowledge, he or she is disqualified under s. 343.315.
SB325-SSA1,3,1813
343.10
(2) (a) 1. Except for a revocation or suspension that arose out of the same
14incident or occurrence for which the person's license or operating privilege is
15currently revoked or suspended, the person's license or operating privilege was not
16revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the
17one-year period immediately preceding the present revocation or suspension
, except
18as provided in s. 344.40.
SB325-SSA1, s. 8
19Section
8. 343.10 (2) (a) 3. of the statutes is amended to read:
SB325-SSA1,3,2220
343.10
(2) (a) 3. The person surrenders his or her former operator's license
,
21including any license issued under sub. (10), unless the license is already in the
22possession of the court or the department.
SB325-SSA1, s. 9
23Section
9. 343.10 (2) (a) 4. of the statutes is created to read:
SB325-SSA1,4,324
343.10
(2) (a) 4. At least 15 days have elapsed since the date of revocation or
25suspension, or, in the case of an appeal that is subsequently dismissed or affirmed,
1at least 15 days have elapsed since the date of revocation or suspension following the
2dismissal or affirmance of the appeal, unless another minimum waiting period or
3immediate eligibility is expressly provided by law.
SB325-SSA1,4,75
343.10
(2) (b) No occupational license may permit the operation of any motor
6vehicles for which the
petitioner applicant did not hold valid authorization at the
7time of revocation or suspension of the person's license or operating privilege.
SB325-SSA1, s. 11
8Section
11. 343.10 (3) (title) of the statutes is amended to read:
SB325-SSA1,4,99
343.10
(3) (title)
Determination on
Petition application.
SB325-SSA1, s. 12
10Section
12. 343.10 (3) of the statutes is renumbered 343.10 (3) (a) and
11amended to read:
SB325-SSA1,4,1812
343.10
(3) (a) If satisfied that the person is eligible under sub. (2), the
judge 13department shall consider the number and seriousness of prior traffic convictions in
14determining whether to
order the issuance of issue an occupational license and what
15restrictions to specify.
If the court grants the petition, a copy of the petition and the
16order for the occupational license shall be forwarded to the department 17Notwithstanding s. 343.40, the denial by the department of an application for an
18occupational license is not subject to judicial review.
SB325-SSA1,4,2320
343.10
(3) (b) The department shall inform a person whose application for an
21occupational license under sub. (1) is denied in whole or in part of the specific reasons
22for the denial and that he or she may file one petition for an occupational license
23under sub. (4).
SB325-SSA1, s. 14
24Section
14. 343.10 (4) of the statutes is repealed and recreated to read:
SB325-SSA1,5,12
1343.10
(4) Petition for occupational license. (a) A person whose application
2for an occupational license under sub. (1) is denied in whole or in part may file a
3petition with the clerk of the circuit court in the county in which the person resides
4for an order authorizing the issuance of an occupational license to the person. No
5person may file a petition under this paragraph unless he or she first pays the fee
6specified in s. 814.61 (14) to the clerk of the circuit court. The person's petition shall
7include a copy of the person's current operating record under s. 343.23 (2) and the
8reasons why the person should be granted an occupational license. The court shall
9consider the number and seriousness of prior traffic convictions in determining
10whether to grant the petition and shall state, in writing, its reasons for granting or
11denying the petition. No person may file more than one petition with respect to a
12denial of an application for an occupational license under sub. (1).
SB325-SSA1,5,2213
(b) If the court grants the petition, the court shall issue an order authorizing
14the issuance of an occupational license to the person. The order for issuance of an
15occupational license shall include definite restrictions as to hours of the day, hours
16per week, type of occupation and areas or routes of travel to be permitted under the
17license as provided in sub. (5). A copy of the order shall be forwarded to the
18department. Upon receipt of the court order, the petitioner shall be considered an
19applicant by the department for purposes of this section. The occupational license
20issued by the department under this paragraph shall contain the restrictions
21ordered by the court. If the court denies the petition, the clerk of the court shall notify
22the department of the denial of the petition.
SB325-SSA1,6,223
(c) The department shall not issue an occupational license to a person upon
24receipt of an order from a court under this subsection if the person appears by the
1records of the department to have filed more than one petition with a court for an
2occupational license under this subsection.
SB325-SSA1,6,154
343.10
(5) (a)
Restrictions. 1. In addition to any restrictions appearing on the
5former operator's license of the
petitioner applicant, the
order for issuance of an 6occupational license shall contain definite restrictions as to hours of the day, not to
7exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes
8of travel which are permitted under the license. The
order occupational license may
9permit travel to and from church during specified hours if the travel does not exceed
10the restrictions as to hours of the day and hours per week in this subdivision. The
11order occupational license may permit travel necessary to comply with a driver
12safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the
13restrictions as to hours of the day and hours per week in this subdivision. The
order 14occupational license may contain restrictions on the use of alcohol and of controlled
15substances in violation of s. 161.41.
SB325-SSA1,6,2116
2. If the
petitioner applicant has 2 or more convictions, suspensions or
17revocations, as counted under s. 343.307 (1), the
order for issuance of an occupational
18license shall prohibit the
petitioner applicant from driving or operating a motor
19vehicle while he or she has a blood alcohol concentration of more than 0.0% by weight
20of alcohol in the person's blood or more than 0.0 grams of alcohol in 210 liters of that
21person's breath.
SB325-SSA1,7,622
3. If the
petitioner applicant has 2 or more prior convictions, suspensions or
23revocations, as counted under s. 343.307 (1), the
order for issuance of an occupational
24license
to a person of the applicant may restrict the
person's applicant's operation
25under the occupational license to vehicles that are equipped with a functioning
1ignition interlock device as provided under s. 346.65 (6). A person to whom a
2restriction under this subdivision applies violates that restriction if he or she
3requests or permits another to blow into an ignition interlock device or to start a
4motor vehicle equipped with an ignition interlock device for the purpose of providing
5the person an operable motor vehicle without the necessity of first submitting a
6sample of his or her breath to analysis by the ignition interlock device.
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: