LRB-0732/3
TNF&RPN:skg:ks
1995 - 1996 LEGISLATURE
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 1An Act to repeal 25.40 (1) (im), 59.20 (8r), 343.10 (1) (c), 343.10 (7) (a), 343.10
2(10) (title), 343.10 (10) (c) and (d), 343.30 (1q) (b) 6., 343.305 (10) (b) 6., 343.345
3and 345.47 (4); to renumber and amend 343.10 (3), 343.10 (10) (a), 343.10 (10)
4(am), 343.10 (10) (b) and 343.10 (10) (bm); to amend 343.05 (2) (a) 4., 343.10
5(1) (title) and (a), 343.10 (1) (b), 343.10 (2) (a) 1. and 3., 343.10 (2) (b), 343.10 (3)
6(title), 343.10 (5) (a), 343.10 (6), 343.10 (7) (b), (c) and (cm), 343.10 (7) (e) and
7(f), 343.10 (9), 343.30 (3), 343.31 (3m), 343.32 (6) and 351.07 (1) and (1m); to
8repeal and recreate
343.10 (4); and to create 343.10 (2) (a) 4., 343.10 (3) (b)
9and 814.61 (14) of the statutes; relating to: the issuance of occupational
10licenses by the department of transportation and suspension of a juvenile's
11operating 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 1Section 1. 25.40 (1) (im) of the statutes is repealed.
SB325, s. 2
1Section 2. 59.20 (8r) of the statutes is repealed.
SB325, s. 3 2Section 3. 343.05 (2) (a) 4. of the statutes is amended to read:
SB325,3,53 343.05 (2) (a) 4. A person with a temporary license under s. 343.10 (4) or
4343.305 (8) (a) which expressly authorizes the operation of the applicable class and
5type of commercial motor vehicle and which is not expired.
SB325, s. 4 6Section 4. 343.10 (1) (title) and (a) of the statutes are amended to read:
SB325,3,77 343.10 (1) (title) Petition Application for occupational license.
SB325,3,168 (a) If a person's license or operating privilege is revoked or suspended under
9this chapter or s. 161.50 and if the person is engaged in an occupation, including
10homemaking or full-time or part-time study, or a trade making it essential that he
11or she operate a motor vehicle, the person, after payment of the fee provided in sub.
12(6), may file a petition an application with the department setting forth in detail the
13need for operating a motor vehicle. No person may file more than one application
14with respect to each revocation or suspension of the person's license or operating
15privilege under this chapter or s. 161.50, except that this limitation does not apply
16to an application to amend an occupational license restriction.
SB325, s. 5 17Section 5. 343.10 (1) (b) of the statutes is amended to read:
SB325,4,418 343.10 (1) (b) The petition application shall be in a form established by the
19department and shall identify the specific motor vehicle that the petitioner applicant
20seeks authorization to operate, including the vehicle classification and any required
21endorsements. The petition application shall include an explanation of why
22operating the motor vehicle is essential to the person's livelihood and identify the
23person's occupation or trade. The petition application shall identify the petitioner's
24applicant's employer, and include proof of financial responsibility as specified in s.
25343.38 (1) (c) covering the vehicle or vehicles that the petitioner applicant requests

1authorization to operate. The petition application shall identify the hours of
2operation and routes of travel being requested by the petitioner applicant in accord
3with the restrictions of sub. (5). The petitioner applicant shall certify whether, to the
4best of personal knowledge, he or she is disqualified under s. 343.315.
SB325, s. 6 5Section 6. 343.10 (1) (c) of the statutes is repealed.
SB325, s. 7 6Section 7. 343.10 (2) (a) 1. and 3. of the statutes are amended to read:
SB325,4,117 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
8incident or occurrence for which the person's license or operating privilege is
9currently revoked or suspended, the person's license or operating privilege was not
10revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the
11one-year period immediately preceding the present revocation or suspension.
SB325,4,1412 3. The person surrenders his or her former operator's license, including any
13license issued under sub. (10),
unless the license is already in the possession of the
14court or the department.
SB325, s. 8 15Section 8. 343.10 (2) (a) 4. of the statutes is created to read:
SB325,4,2016 343.10 (2) (a) 4. At least 15 days have elapsed since the date of revocation or
17suspension, or, in the case of an appeal that is subsequently dismissed or affirmed,
18at least 15 days have elapsed since the date of revocation or suspension following the
19dismissal or affirmance of the appeal, unless another minimum waiting period or
20immediate eligibility is expressly provided by law.
SB325, s. 9 21Section 9. 343.10 (2) (b) of the statutes is amended to read:
SB325,4,2422 343.10 (2) (b) No occupational license may permit the operation of any motor
23vehicles for which the petitioner applicant did not hold valid authorization at the
24time of revocation or suspension of the person's license or operating privilege.
SB325, s. 10 25Section 10. 343.10 (3) (title) of the statutes is amended to read:
SB325,5,1
1343.10 (3) (title) Determination on Petition application .
SB325, s. 11 2Section 11. 343.10 (3) of the statutes is renumbered 343.10 (3) (a) and
3amended to read:
SB325,5,104 343.10 (3) (a) If satisfied that the person is eligible under sub. (2), the judge
5department shall consider the number and seriousness of prior traffic convictions in
6determining whether to order the issuance of issue an occupational license and what
7restrictions to specify. If the court grants the petition, a copy of the petition and the
8order for the occupational license shall be forwarded to the department
The denial
9by the department of an application for an occupational license is not subject to
10judicial review
.
SB325, s. 12 11Section 12. 343.10 (3) (b) of the statutes is created to read:
SB325,5,1512 343.10 (3) (b) The department shall inform a person whose application for an
13occupational license under sub. (1) is denied in whole or in part of the specific reasons
14for the denial and that he or she may file one petition for an occupational license
15under sub. (4).
SB325, s. 13 16Section 13. 343.10 (4) of the statutes is repealed and recreated to read:
SB325,6,317 343.10 (4) Petition for occupational license. (a) A person whose application
18for an occupational license under sub. (1) is denied in whole or in part may file a
19petition with the clerk of the circuit court in the county in which the person resides
20for an order authorizing the issuance of an occupational license to the person. No
21person may file a petition under this paragraph unless he or she first pays the fee
22specified in s. 814.61 to the clerk of the circuit court. The person's petition shall
23include a copy of the person's current operating record under s. 343.23 (2) and the
24reasons why the person should be granted an occupational license. The court shall
25consider the number and seriousness of prior traffic convictions in determining

1whether to grant the petition and shall state, in writing, its reasons for granting or
2denying the petition. No person may file more than one petition with respect to a
3denial of an application for an occupational license under sub. (1).
SB325,6,134 (b) If the court grants the petition, the court shall issue an order authorizing
5the issuance of an occupational license to the person. The order for issuance of an
6occupational license shall include definite restrictions as to hours of the day, hours
7per week, type of occupation and areas or routes of travel to be permitted under the
8license as provided in sub. (5). A copy of the order shall be forwarded to the
9department. Upon receipt of the court order, the petitioner shall be considered an
10applicant by the department for purposes of this section. The occupational license
11issued by the department under this paragraph shall contain the restrictions
12ordered by the court. If the court denies the petition, the clerk of the court shall notify
13the department of the denial of the petition.
SB325,6,1714 (c) The department shall not issue an occupational license to a person upon
15receipt of an order from a court under this subsection if the person appears by the
16records of the department to have filed more than one petition with a court for an
17occupational license under this subsection.
SB325, s. 14 18Section 14. 343.10 (5) (a) of the statutes is amended to read:
SB325,7,519 343.10 (5) (a) Restrictions. 1. In addition to any restrictions appearing on the
20former operator's license of the petitioner applicant, the order for issuance of an
21occupational license shall contain definite restrictions as to hours of the day, not to
22exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes
23of travel which are permitted under the license. The order occupational license may
24permit travel to and from church during specified hours if the travel does not exceed
25the restrictions as to hours of the day and hours per week in this subdivision. The

1order occupational license may permit travel necessary to comply with a driver
2safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the
3restrictions as to hours of the day and hours per week in this subdivision. The order
4occupational license may contain restrictions on the use of alcohol and of controlled
5substances in violation of s. 161.41.
SB325,7,116 2. If the petitioner applicant has 2 or more convictions, suspensions or
7revocations, as counted under s. 343.307 (1), the order for issuance of an occupational
8license shall prohibit the petitioner applicant from driving or operating a motor
9vehicle while he or she has a blood alcohol concentration of more than 0.0% by weight
10of alcohol in the person's blood or more than 0.0 grams of alcohol in 210 liters of that
11person's breath.
SB325,7,2112 3. If the petitioner applicant has 2 or more prior convictions, suspensions or
13revocations, as counted under s. 343.307 (1), the order for issuance of an occupational
14license to a person of the applicant may restrict the person's applicant's operation
15under the occupational license to vehicles that are equipped with a functioning
16ignition interlock device as provided under s. 346.65 (6). A person to whom a
17restriction under this subdivision applies violates that restriction if he or she
18requests or permits another to blow into an ignition interlock device or to start a
19motor vehicle equipped with an ignition interlock device for the purpose of providing
20the person an operable motor vehicle without the necessity of first submitting a
21sample of his or her breath to analysis by the ignition interlock device.
SB325, s. 15 22Section 15. 343.10 (6) of the statutes is amended to read:
SB325,8,723 343.10 (6) Fee. No person may file a petition an application for an occupational
24license under sub. (1) or be issued an occupational license upon receipt of an order
25of a court under sub. (4) or s. 351.07
unless he or she first pays a fee of $40 to the clerk

1of the circuit court if the petition is to a judge of the circuit court, to the municipal
2court if the petition is to a judge of the municipal court or to the department if the
3petition is
to the department under sub. (10). The clerk of the circuit court or the
4municipal court official shall give the person a receipt and forward the fee to the
5county or municipal treasurer, respectively. That treasurer shall pay 50% of the fee
6to the state treasurer under s. 59.20 (8r) and retain the balance for the use of the
7county or municipality, respectively. The department shall give the person a receipt
.
SB325, s. 16 8Section 16. 343.10 (7) (a) of the statutes is repealed.
SB325, s. 17 9Section 17. 343.10 (7) (b), (c) and (cm) of the statutes are amended to read:
SB325,8,1310 343.10 (7) (b) The department shall issue an occupational license as soon as
11practicable upon receipt of an application to the department under sub. (1) or an
12order from a court under sub. (4) or s. 351.07 for such a license, if the department
13determines that the petitioner applicant is eligible under sub. (2).
SB325,8,1714 (c) If the court order permits operation of both commercial motor vehicles and
15noncommercial motor vehicles and the
person is disqualified under s. 343.315 but
16otherwise eligible under sub. (2), the department shall issue an occupational license
17authorizing operation only of vehicles other than commercial motor vehicles.
SB325,8,2218 (cm) If the order occupational license includes the restriction specified in sub.
19(5) (a) 3., the department shall not issue the occupational license until the person
20applicant provides evidence satisfactory to the department that any motor vehicle
21that the person applicant will be permitted to operate has been equipped with a
22functioning ignition interlock device.
SB325, s. 18 23Section 18. 343.10 (7) (e) and (f) of the statutes are amended to read:
SB325,9,1224 343.10 (7) (e) The occupational license issued by the department shall contain
25such the restrictions as are ordered by the judge. In addition to such restrictions an

1required by sub. (5). The occupational license authorizes the licensee to operate a
2motor vehicle not to exceed 12 hours per day and then only when such that operation
3is an essential part of the licensee's occupation or trade. If the order permits
4operation of commercial motor vehicles and the
department determines that the
5petitioner applicant is eligible under sub. (2), the department may impose such
6conditions and limitations upon the authorization to operate commercial or
7noncommercial
motor vehicles as in the secretary's judgment are necessary in the
8interest of public safety and welfare, including reexamination of the person's
9qualifications to operate a commercial or noncommercial motor vehicle or a
10particular type thereof. The department may limit such authorization to include,
11without limitation, the operation of particular vehicles, particular kinds of operation
12and particular traffic conditions.
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