1997 Wisconsin Act 84

84,52 Section 52 . 343.315 (1) (a) of the statutes is repealed.

84,53 Section 53 . 343.315 (1) (b) of the statutes is renumbered 343.315 (1) and amended to read:

343.315 (1) (title) General Employer responsibility. An employer may not allow, permit or authorize a driver who is disqualified to operate a commercial motor vehicle during a period of disqualification after March 31, 1992. An employer who knowingly violates this paragraph subsection shall be fined not more than $5,000 or imprisoned for not more than 90 days or both. An employer who negligently violates this paragraph subsection shall forfeit not more than $2,500.

84,54 Section 54 . 343.32 (1) (b) of the statutes is renumbered 343.32 (1s) and amended to read:

343.32 (1s) Such The secretary shall suspend the operating privilege of any person who has been convicted under state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law of altering the person's license, loaning the person's license to another or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license.

84,55 Section 55 . 343.32 (1) (d) of the statutes is repealed.

84,56 Section 56 . 343.32 (1m) (b) (intro.), 2. and 3. of the statutes are amended to read:

343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under s. 961.50. The person is eligible for an occupational license under s. 343.10 as follows:

2. For a 2nd conviction within a 5-year period, after the first 60 days of the suspension or revocation period.

3. For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension or revocation period.

84,57 Section 57 . 343.32 (2) (a) of the statutes is amended to read:

343.32 (2) (a) The secretary may suspend or revoke a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. For the purpose of determining when to suspend or revoke an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.

84,58 Section 58 . 343.32 (2) (bg) of the statutes is amended to read:

343.32 (2) (bg) The scale adopted by the secretary shall assign, for each conviction, 6 3 demerit points for operating a commercial motor vehicle while disqualified, revoked, suspended or out-of-service under s. 343.44 or a local ordinance in conformity therewith.

84,59 Section 59 . 343.32 (2) (c) of the statutes is amended to read:

343.32 (2) (c) In order for the secretary to suspend or revoke an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.

84,60 Section 60 . 343.32 (2) (g) of the statutes is repealed.

84,61 Section 61 . 343.32 (6) of the statutes is amended to read:

343.32 (6) There shall be no minimum waiting period before issuance of an occupational license under s. 343.10 to a person whose operating privilege has been suspended or revoked under sub. (2) if the person is otherwise eligible for issuance of an occupational license.

84,62 Section 62 . 343.38 (1) (c) of the statutes is renumbered 343.38 (1) (c) 1. and amended to read:

343.38 (1) (c) 1. Unless 3 years have elapsed since the expiration of the period of revocation Except as provided in subd. 2., files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344. Such proof of financial responsibility shall be maintained at all times during such 3-year period when the license is in effect. This subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation.

2. No such proof under subd. 1. shall be required for a any of the following:

a. A vehicle subject to the requirements of s. 121.53, 194.41 or 194.42 or a.

b. A vehicle owned by or leased to the United States, this state or any county or municipality of this state.

84,63 Section 63 . 343.38 (1) (c) 2. c. and d. of the statutes are created to read:

343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s. 343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.

d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2) and if, within the 10-year preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2).

84,64 Section 64 . 343.38 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fee specified in s. 343.21 (1) (j).

84,65 Section 65 . 343.38 (3) of the statutes is amended to read:

343.38 (3) Reinstatement after suspension. Except as provided in s. 343.10, the department shall not issue a license to a person whose operating privilege has been duly suspended while the suspension remains in effect. Upon the expiration of the period of suspension, the person's operating privilege is automatically reinstated as provided in s. 343.39.

84,66 Section 66 . 343.39 (1) (a) of the statutes is amended to read:

343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated and, the reinstatement fee specified in s. 343.21 (1) (j) has been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

84,67 Section 67 . 343.44 (title) of the statutes is repealed and recreated to read:

343.44 (title) Operating while suspended, revoked, ordered out-of-service or disqualified.

84,68 Section 68 . 343.44 (1) of the statutes is repealed and recreated to read:

343.44 (1) Operating offenses. (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.

(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.

84,69 Section 69 . 343.44 (1g) of the statutes is created to read:

343.44 (1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.

84,70 Section 70 . 343.44 (2) of the statutes is repealed and recreated to read:

343.44 (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.

(am) Any person who violates sub. (1) (b) before the first day of the 13th month beginning after publication .... [revisor inserts date], may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.

(b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

1. The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d).

2. The class of vehicle operated by the person.

3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.

4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under s. 343.307 (2).

5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.

(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.

84,71 Section 71 . 343.44 (2g) of the statutes is repealed.

84,72 Section 72 . 343.44 (2m) of the statutes is repealed.

84,73 Section 73 . 343.44 (2p) (intro.) of the statutes is amended to read:

343.44 (2p) (title) Sentencing option. (intro.) The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) or (2m) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:

84,74 Section 74 . 343.44 (2r) of the statutes is amended to read:

343.44 (2r) (title) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) or (2m) shall be counted. The vehicle operated at the time of the offense shall determine whether the penalties of sub. (2) or (2m) apply.

84,75 Section 75 . 343.44 (2s) of the statutes is amended to read:

343.44 (2s) Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.

84,76 Section 76 . 343.44 (3) (title) of the statutes is created to read:

343.44 (3) (title) Failure to receive notice.

84,77 Section 77 . 343.44 (4) (title) of the statutes is created to read:

343.44 (4) (title) Impoundment .

84,78 Section 78 . 343.44 (4m) of the statutes is renumbered 343.44 (2) (c) and amended to read:

343.44 (2) (c) In addition to other penalties for violation of this section, if a person has violated violates this section after while his or her operating privilege was is revoked as provided in ch. 351, the penalties shall may be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this subsection paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.

84,79 Section 79 . 343.44 (4r) (title) of the statutes is created to read:

343.44 (4r) (title) Violation of out-of-service order.

84,80 Section 80 . 343.44 (5) (title) of the statutes is created to read:

343.44 (5) (title) Vehicle impoundment; lessors and secured creditors.

84,81 Section 81 . 344.02 (title) of the statutes is amended to read:

344.02 (title) Hearing on revocation suspension or impoundment.

84,82 Section 82 . 344.02 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation suspension or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation suspension if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

84,83 Section 83 . 344.02 (3) of the statutes is amended to read:

344.02 (3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order revocation suspension of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.

84,84 Section 84 . 344.02 (4) of the statutes is amended to read:

344.02 (4) The time during which enforcement of an order of revocation suspension or impoundment is stayed pending completion of court review thereof shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for revocation suspension or the period fixed under s. 344.185 (2) (a) or (b) for impoundment.

84,85 Section 85 . 344.04 (title) of the statutes is amended to read:

344.04 (title) Power of court to stay revocation suspension of registration or impoundment of vehicles.

84,86 Section 86 . 344.04 (1) of the statutes is amended to read:

344.04 (1) Notwithstanding any other provision of this chapter, the secretary shall not revoke suspend the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court pursuant to under petition of the registrant in accordance with sub. (2).

84,87 Section 87 . 344.04 (2) of the statutes is amended to read:

344.04 (2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for revocation suspension of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to revoke suspend such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has revoked suspended the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration revoked suspended or the vehicle impounded, the court shall issue an order restraining the secretary from revoking suspending the registration or impounding the vehicle.

84,88 Section 88 . 344.04 (3) of the statutes is amended to read:

344.04 (3) This section does not authorize a court to stay suspension or revocation of an operator's license.

84,89 Section 89 . 344.05 (1) of the statutes is amended to read:

344.05 (1) If a judgment in excess of $500 or more for damages arising out of a motor vehicle accident is not satisfied within 30 days after its having become final by expiration without appeal of the time within which an appeal might have been taken or by final affirmation on appeal, the clerk of the court in which the judgment was rendered, or the judge if the court has no clerk, shall forthwith immediately forward to the secretary a certified copy of the judgment upon request of the judgment creditor or the attorney of record for the judgment creditor.

84,90 Section 90 . 344.08 (title) of the statutes is amended to read: