SB325: Bill Text

LRB-0732/3

TNF&RPN:skg:ks

1995 - 1996 LEGISLATURE

1995 Senate BILL 325

September 6, 1995 - Introduced by Senators Weeden, Huelsman and Farrow, cosponsored by Representatives Lehman, R. Young, Krug and Wilder, by request of The Director of State Courts. Referred to Committee on Transportation, Agriculture and Local Affairs.

SB325,1,11 An Act to repeal 25.40 (1) (im), 59.20 (8r), 343.10 (1) (c), 343.10 (7) (a), 343.10 (10) (title), 343.10 (10) (c) and (d), 343.30 (1q) (b) 6., 343.305 (10) (b) 6., 343.345 and 345.47 (4); to renumber and amend 343.10 (3), 343.10 (10) (a), 343.10 (10) (am), 343.10 (10) (b) and 343.10 (10) (bm); to amend 343.05 (2) (a) 4., 343.10 (1) (title) and (a), 343.10 (1) (b), 343.10 (2) (a) 1. and 3., 343.10 (2) (b), 343.10 (3) (title), 343.10 (5) (a), 343.10 (6), 343.10 (7) (b), (c) and (cm), 343.10 (7) (e) and (f), 343.10 (9), 343.30 (3), 343.31 (3m), 343.32 (6) and 351.07 (1) and (1m); to repeal and recreate 343.10 (4); and to create 343.10 (2) (a) 4., 343.10 (3) (b) and 814.61 (14) of the statutes; relating to: the issuance of occupational licenses by the department of transportation and suspension of a juvenile's operating privilege for failure to pay a forfeiture.

Analysis by the Legislative Reference Bureau

Currently, a person who has had his or her operating privilege revoked or suspended and whose occupation or trade makes it essential that the person operate a motor vehicle may, after paying a fee of $40 to the county treasurer, petition a judge of a court of record or of a municipal court in the county of his or her residence for an order directing the department of transportation (DOT) to issue the person an occupational license. Current law also permits administrative issuance by DOT of occupational licenses for commercial motor vehicle drivers. If issued, the occupational license restricts the person's operation of a motor vehicle as to the number of hours per day, hours per week and routes of travel permitted under the license. A court may issue the person a temporary occupational license if insurance requirements are satisfied and a certain period of time since the date of suspension or revocation has elapsed. A judge who orders the issuance of an occupational license may revoke the license when, based on facts, the judge does not see fit to permit the person to retain the license.

This bill revises the procedure for obtaining an occupational license. Instead of petitioning a judge, except in administrative cases handled by DOT, a person whose operating privilege has been suspended or revoked applies, upon payment of the $40 fee, directly to DOT for issuance of the occupational license. Issuance of the license by DOT is subject to the same considerations as an order for issuance of a license under current law by a judge, including the number and seriousness of the person's prior traffic offenses. If the person's operating privilege was suspended or revoked by a court or judge, an occupational license issued by DOT to the person shall include any restrictions specified by the court or judge.

Temporary occupational licenses are eliminated. Except for those instances in which the law currently specifies immediate eligibility or a different minimum waiting period for issuance of an occupational license, the bill provides that a person is not eligible for an occupational license until at least 15 days have elapsed since the date of revocation or suspension, or, in the case of an appeal which is subsequently dismissed or affirmed, until at least 15 days have elapsed since the date of the revocation or suspension following the dismissal or affirmance of the appeal.

DOT's denial of an application for an occupational license is not subject to judicial review. DOT must inform a person whose application is denied of the reasons for the denial and that he or she has the right, upon payment of a $40 fee, to file a petition with the circuit court in the county of his or her residence for an order authorizing the issuance of an occupational license to the person. A person may not file more than one petition after DOT's denial of an occupational license application. The circuit court that orders the issuance of an occupational license retains the authority to revoke that license upon facts presented to the court.

The procedure to obtain an occupational license by a habitual traffic offender is unchanged by this bill. Upon receipt of an occupational license order by a court, DOT issues an occupational license to the habitual traffic offender.

Under current law, a court is required to suspend the operating privilege of any person under the age of 18 if the person fails to pay a forfeiture imposed for the person's first moving traffic violation. The court may, but is not required to, suspend the person's operating privilege for any subsequent failures to pay a forfeiture imposed for any moving traffic violations.

This bill repeals this provision of state law.

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:

SB325, s. 1 Section 1. 25.40 (1) (im) of the statutes is repealed.

SB325, s. 2 Section 2. 59.20 (8r) of the statutes is repealed.

SB325, s. 3 Section 3. 343.05 (2) (a) 4. of the statutes is amended to read:

SB325,3,5 343.05 (2) (a) 4. A person with a temporary license under s. 343.10 (4) or 343.305 (8) (a) which expressly authorizes the operation of the applicable class and type of commercial motor vehicle and which is not expired.

SB325, s. 4 Section 4. 343.10 (1) (title) and (a) of the statutes are amended to read:

SB325,3,7 343.10 (1) (title) Petition Application for occupational license.

SB325,3,16 (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 161.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file a petition an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 161.50, except that this limitation does not apply to an application to amend an occupational license restriction.

SB325, s. 5 Section 5. 343.10 (1) (b) of the statutes is amended to read:

SB325,4,4 343.10 (1) (b) The petition application shall be in a form established by the department and shall identify the specific motor vehicle that the petitioner applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The petition application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The petition application shall identify the petitioner's applicant's employer, and include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the petitioner applicant requests authorization to operate. The petition application shall identify the hours of operation and routes of travel being requested by the petitioner applicant in accord with the restrictions of sub. (5). The petitioner applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under s. 343.315.

SB325, s. 6 Section 6. 343.10 (1) (c) of the statutes is repealed.

SB325, s. 7 Section 7. 343.10 (2) (a) 1. and 3. of the statutes are amended to read:

SB325,4,11 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the one-year period immediately preceding the present revocation or suspension.

SB325,4,14 3. The person surrenders his or her former operator's license, including any license issued under sub. (10), unless the license is already in the possession of the court or the department.

SB325, s. 8 Section 8. 343.10 (2) (a) 4. of the statutes is created to read:

SB325,4,20 343.10 (2) (a) 4. At least 15 days have elapsed since the date of revocation or suspension, or, in the case of an appeal that is subsequently dismissed or affirmed, at least 15 days have elapsed since the date of revocation or suspension following the dismissal or affirmance of the appeal, unless another minimum waiting period or immediate eligibility is expressly provided by law.

SB325, s. 9 Section 9. 343.10 (2) (b) of the statutes is amended to read:

SB325,4,24 343.10 (2) (b) No occupational license may permit the operation of any motor vehicles for which the petitioner applicant did not hold valid authorization at the time of revocation or suspension of the person's license or operating privilege.

SB325, s. 10 Section 10. 343.10 (3) (title) of the statutes is amended to read:

SB325,5,1 343.10 (3) (title) Determination on Petition application .

SB325, s. 11 Section 11. 343.10 (3) of the statutes is renumbered 343.10 (3) (a) and amended to read:

SB325,5,10 343.10 (3) (a) If satisfied that the person is eligible under sub. (2), the judge department shall consider the number and seriousness of prior traffic convictions in determining whether to order the issuance of issue an occupational license and what restrictions to specify. If the court grants the petition, a copy of the petition and the order for the occupational license shall be forwarded to the department The denial by the department of an application for an occupational license is not subject to judicial review.

SB325, s. 12 Section 12. 343.10 (3) (b) of the statutes is created to read:

SB325,5,15 343.10 (3) (b) The department shall inform a person whose application for an occupational license under sub. (1) is denied in whole or in part of the specific reasons for the denial and that he or she may file one petition for an occupational license under sub. (4).

SB325, s. 13 Section 13. 343.10 (4) of the statutes is repealed and recreated to read:

SB325,6,3 343.10 (4) Petition for occupational license. (a) A person whose application for an occupational license under sub. (1) is denied in whole or in part may file a petition with the clerk of the circuit court in the county in which the person resides for an order authorizing the issuance of an occupational license to the person. No person may file a petition under this paragraph unless he or she first pays the fee specified in s. 814.61 to the clerk of the circuit court. The person's petition shall include a copy of the person's current operating record under s. 343.23 (2) and the reasons why the person should be granted an occupational license. The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant the petition and shall state, in writing, its reasons for granting or denying the petition. No person may file more than one petition with respect to a denial of an application for an occupational license under sub. (1).

SB325,6,13 (b) If the court grants the petition, the court shall issue an order authorizing the issuance of an occupational license to the person. The order for issuance of an occupational license shall include definite restrictions as to hours of the day, hours per week, type of occupation and areas or routes of travel to be permitted under the license as provided in sub. (5). A copy of the order shall be forwarded to the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of this section. The occupational license issued by the department under this paragraph shall contain the restrictions ordered by the court. If the court denies the petition, the clerk of the court shall notify the department of the denial of the petition.

SB325,6,17 (c) The department shall not issue an occupational license to a person upon receipt of an order from a court under this subsection if the person appears by the records of the department to have filed more than one petition with a court for an occupational license under this subsection.

SB325, s. 14 Section 14. 343.10 (5) (a) of the statutes is amended to read:

SB325,7,5 343.10 (5) (a) Restrictions. 1. In addition to any restrictions appearing on the former operator's license of the petitioner applicant, the order for issuance of an occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The order occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The order occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The order occupational license may contain restrictions on the use of alcohol and of controlled substances in violation of s. 161.41.

SB325,7,11 2. If the petitioner applicant has 2 or more convictions, suspensions or revocations, as counted under s. 343.307 (1), the order for issuance of an occupational license shall prohibit the petitioner applicant from driving or operating a motor vehicle while he or she has a blood alcohol concentration of more than 0.0% by weight of alcohol in the person's blood or more than 0.0 grams of alcohol in 210 liters of that person's breath.

SB325,7,21 3. If the petitioner applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the order for issuance of an occupational license to a person of the applicant may restrict the person's applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6). A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.

SB325, s. 15 Section 15. 343.10 (6) of the statutes is amended to read:

SB325,8,7 343.10 (6) Fee. No person may file a petition an application for an occupational license under sub. (1) or be issued an occupational license upon receipt of an order of a court under sub. (4) or s. 351.07 unless he or she first pays a fee of $40 to the clerk of the circuit court if the petition is to a judge of the circuit court, to the municipal court if the petition is to a judge of the municipal court or to the department if the petition is to the department under sub. (10). The clerk of the circuit court or the municipal court official shall give the person a receipt and forward the fee to the county or municipal treasurer, respectively. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) and retain the balance for the use of the county or municipality, respectively. The department shall give the person a receipt.

SB325, s. 16 Section 16. 343.10 (7) (a) of the statutes is repealed.

SB325, s. 17 Section 17. 343.10 (7) (b), (c) and (cm) of the statutes are amended to read:

SB325,8,13 343.10 (7) (b) The department shall issue an occupational license as soon as practicable upon receipt of an application to the department under sub. (1) or an order from a court under sub. (4) or s. 351.07 for such a license, if the department determines that the petitioner applicant is eligible under sub. (2).

SB325,8,17 (c) If the court order permits operation of both commercial motor vehicles and noncommercial motor vehicles and the person is disqualified under s. 343.315 but otherwise eligible under sub. (2), the department shall issue an occupational license authorizing operation only of vehicles other than commercial motor vehicles.

SB325,8,22 (cm) If the order occupational license includes the restriction specified in sub. (5) (a) 3., the department shall not issue the occupational license until the person applicant provides evidence satisfactory to the department that any motor vehicle that the person applicant will be permitted to operate has been equipped with a functioning ignition interlock device.

SB325, s. 18 Section 18. 343.10 (7) (e) and (f) of the statutes are amended to read:

SB325,9,12 343.10 (7) (e) The occupational license issued by the department shall contain such the restrictions as are ordered by the judge. In addition to such restrictions an required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle not to exceed 12 hours per day and then only when such that operation is an essential part of the licensee's occupation or trade. If the order permits operation of commercial motor vehicles and the department determines that the petitioner applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.