Amendment ASA1-AB768

AB768-ASA1, s. 512p Section 512p. 343.16 (1) (d) of the statutes is created to read:

AB768-ASA1,384,13 343.16 (1) (d) Foreign license reciprocity. The chief administrator of the division of motor vehicles may, with the appropriate official of another country or of a province or other subdivision of another country, enter into a reciprocal agreement under which this state and the other country, province or other subdivision agree to waive any knowledge test and driving skills test of an applicant for an operator's license to operate "Class D" vehicles, as described in s. 343.04 (1) (d), or "Class M" vehicles, as described in s. 343.04 (1) (e), or both, if the applicant possesses a valid license to operate those vehicles, other than an instructional permit, issued by this state or the other country, province or other subdivision. The chief administrator may enter into an agreement under this paragraph only if the criteria for any knowledge test and driving skills test required by the other country, province or other subdivision for those types of vehicles are at least as stringent as the requirements of this state. The agreement shall specify all of the following:

AB768-ASA1,384,23 1. That the department will issue a regular license, as described in s. 343.03 (3) (a), to any person moving to this state who has been licensed by the other country, province or other subdivision for at least 3 years, who presently holds a license to operate that type of vehicle, other than an instructional permit, from the other country, province or other subdivision and who is at least 21 years of age. Notwithstanding s. 343.03 (3) (a), a regular license issued under this subdivision may be endorsed to permit operation of Type 1 motorcycles, but may not be endorsed to permit operation of school buses. The department shall issue a probationary license under s. 343.085 to any other applicant who holds a valid operator's license issued by the other country, province or other subdivision.

AB768-ASA1,385,6 2. That whenever the secretary has good cause to believe that an operator licensed under an agreement entered into under this paragraph is incompetent or otherwise not qualified to be licensed, the secretary may, upon written notice of at least 5 days to the licensee, require the licensee to submit to an examination including all or part of the tests specified in par. (a). Upon the conclusion of such examination the secretary shall take such action as is appropriate under this chapter, including cancellation of the license or permitting the licensee to retain the license subject to such restrictions as the secretary may order or without restrictions.

AB768-ASA1,385,9 3. That the other country, province or other subdivision will treat operators licensed by this state similarly to how this state will treat operators licensed by the other country, province or other subdivision.

AB768-ASA1, s. 512t Section 512t. 343.20 (1) (e) 3. of the statutes is created to read:

AB768-ASA1,385,12 343.20 (1) (e) 3. The person is entitled to a regular license under an agreement entered into under s. 343.16 (1) (d).

AB768-ASA1, s. 512tm Section 512tm. 343.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 184, is amended to read:

AB768-ASA1,386,8 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

AB768-ASA1, s. 512tp Section 512tp. 343.237 (3) (intro.) of the statutes, as created by 1997 Wisconsin Act 119, is amended to read:

AB768-ASA1,386,15 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4) if the department receives a written request on the Wisconsin law enforcement agency's letterhead that contains all of the following:

AB768-ASA1, s. 512u Section 512u. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB768-ASA1,386,22 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 5-year 10-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB768-ASA1, s. 512w Section 512w. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB768-ASA1,387,4 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB768-ASA1, s. 512x Section 512x. 343.30 (1q) (b) 5. of the statutes is amended to read:

AB768-ASA1,387,8 343.30 (1q) (b) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

AB768-ASA1, s. 513c Section 513c. 343.305 (6) (e) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,387,13 343.305 (6) (e) 1. In this paragraph, "licensor" means the department of health and family services or, with respect to permits issued under par. (b) 4., the department of transportation.

AB768-ASA1,387,15 2. In addition to any other information required by the licensor, an application for a permit or laboratory approval under this subsection shall include the following:

AB768-ASA1,387,16 a. In the case of an individual, the individual's social security number.

AB768-ASA1,387,18 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768-ASA1,387,21 3. a. The licensor shall deny an application for the issuance or, if applicable, renewal of a permit or laboratory approval if the information required under subd. 2. a. or b. is not included in the application.

AB768-ASA1,387,25 b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,388,5 4. A permit under this subsection shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB768-ASA1,388,15 5. If the licensor is the department of health and family services, the department of health and family services shall deny an application for the issuance or renewal of a permit or laboratory approval, or revoke a permit or laboratory approval already issued, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the permit or laboratory approval is liable for delinquent taxes. An applicant for whom a permit or laboratory approval is not issued or renewed, or an individual or laboratory whose permit or laboratory approval is revoked, under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subsection.

AB768-ASA1, s. 513d Section 513d. 343.305 (10) (b) 3. of the statutes is amended to read:

AB768-ASA1,388,22 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year within a 10-year period equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB768-ASA1, s. 513e Section 513e. 343.305 (10) (b) 4. of the statutes is amended to read:

AB768-ASA1,389,4 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB768-ASA1, s. 513f Section 513f. 343.305 (10) (b) 5. of the statutes is amended to read:

AB768-ASA1,389,8 343.305 (10) (b) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in revocations or convictions.

AB768-ASA1, s. 513h Section 513h. 343.305 (10m) of the statutes is amended to read:

AB768-ASA1,389,16 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), within a 10-year period, the procedure under s. 346.65 (6) shall be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB768-ASA1, s. 513k Section 513k. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB768-ASA1,389,25 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 5-year 10-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB768-ASA1, s. 513m Section 513m. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB768-ASA1,390,9 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB768-ASA1, s. 513n Section 513n. 343.31 (3) (bm) 5. of the statutes is amended to read:

AB768-ASA1,390,13 343.31 (3) (bm) 5. The 5-year or 10-year time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

AB768-ASA1, s. 514m Section 514m. 343.61 (2) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,390,19 343.61 (2) (a) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

AB768-ASA1,390,20 1. In the case of an individual, the individual's social security number.

AB768-ASA1,390,22 2. In the case of a person who is not an individual, the person's federal employer identification number.

AB768-ASA1,391,2 (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 518m Section 518m. 343.62 (2) (b) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,391,9 343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 520m Section 520m. 343.64 (2) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,391,14 343.64 (2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1. or 2.

AB768-ASA1, s. 524g Section 524g. 343.665 (title) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,391,18 343.665 (title) Denial, restriction Restriction, limitation or, suspension or revocation of driver school license.

AB768-ASA1, s. 524j Section 524j. 343.665 of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 343.665 (1).

AB768-ASA1, s. 524m Section 524m. 343.665 (2) of the statutes is created to read:

AB768-ASA1,392,2 343.665 (2) The secretary shall suspend or revoke a driver school license issued under s. 343.61, if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose driver school license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.

AB768-ASA1, s. 525g Section 525g. 343.675 (title) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,392,6 343.675 (title) Denial, restriction Restriction, limitation or, suspension or revocation of instructor's license.

AB768-ASA1, s. 525j Section 525j. 343.675 of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 343.675 (1).

AB768-ASA1, s. 525m Section 525m. 343.675 (2) of the statutes is created to read:

AB768-ASA1,392,15 343.675 (2) The secretary shall suspend or revoke an instructor's license issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose instructor's license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.

AB768-ASA1, s. 527b Section 527b. 343.69 of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,393,2 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials of applications or revocations of licenses under s. 343.665 or 343.675.

AB768-ASA1, s. 527e Section 527e. 345.26 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,393,13 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB768-ASA1, s. 527em Section 527em. 345.28 (4) (i) of the statutes is created to read:

AB768-ASA1,393,22 345.28 (4) (i) Notwithstanding any other provision of this subsection or ss. 341.10 (7m) and 341.63 (1) (c), the department may permit an authority to send a single notice to the department under par. (a) 1. with respect to 2 or more citations that have been issued to a person and remain unpaid and, if an authority sends a notice specified in this paragraph to the department, the authority and department shall treat any such notice for purposes of any other provision of this section or ss. 341.10 (7m) and 341.63 (1) (c) in the same manner as a notice to the department under par. (a) 1. with respect to a single citation.

AB768-ASA1, s. 527ep Section 527ep. 345.285 of the statutes is created to read:

AB768-ASA1,394,3 345.285 Alternative traffic violation and registration pilot program. (1) The department may administer an alternative traffic violation and registration pilot program. Any pilot program under this section shall provide alternative methods of suspending and refusing vehicle registrations for unpaid citations for nonmoving traffic violations in lieu of applicable requirements of s. 345.28.

AB768-ASA1,394,7 (2) The department may contract with a city of the 1st class to permit the city to suspend vehicle registrations for unpaid citations for nonmoving traffic violations. The department may not enter into a contract under this subsection after June 30, 2001. A contract under this subsection shall include all of the following provisions:

AB768-ASA1,394,9 (a) The city may suspend the registration of a vehicle if all of the following apply:

AB768-ASA1,394,12 1. The city has cited the owner of the vehicle for one or more nonmoving traffic violations for which the owner has neither paid the forfeitures nor appeared in court in response to the violations.

AB768-ASA1,394,15 2. The city has mailed to the last-known address of the owner at least 2 notices that meet the requirements of s. 345.28 (4) (c) with respect to each citation counted under subd. 1.

AB768-ASA1,394,19 3. The owner has not, by the date specified in the last issued citation that is counted under subd. 1. or, if no date is specified in that citation, within 28 days after the citation is issued, either paid all forfeitures or appeared in court in response to all citations counted under subd. 1. for which the forfeitures have not been paid.

AB768-ASA1,394,21 (b) If the city suspends the registration of a vehicle under par. (a), all of the following apply:

AB768-ASA1,394,23 1. The city may notify the department to refuse the registration of any vehicle owned by the person under s. 341.10 (7r).

AB768-ASA1,395,3 2. The city shall remove the suspension of the vehicle's registration under par. (a) if the owner of the vehicle either pays all forfeitures or appears in court in response to all citations counted under par. (a) 1. for which the forfeitures have not been paid. If a suspension is removed under this subdivision, the department shall be immediately notified in the form and manner prescribed by the department.

AB768-ASA1,395,7 (c) Provisions that specify the responsibilities of the department and of the city with respect to the pilot program, the procedures for record and transaction security, and any fee that the city may assess the owner of a vehicle whose registration is suspended under par. (a).

AB768-ASA1,395,14 (d) Notwithstanding s. 85.13, the department shall charge the city a fee for the cost of the development and operation of the pilot program under this section. The fee shall ensure that payments by the city to the department under this paragraph and s. 85.13 are not less than payments made by the city to the department under s. 85.13 before the effective date of this paragraph .... [revisor inserts date], for comparable periods of time. The department may periodically adjust this fee accordingly or, in lieu of adjusting the fee, may terminate the contract.

AB768-ASA1,395,17 (e) The city may enact and enforce an ordinance that strictly conforms to s. 341.03, except that the ordinance shall apply to motor vehicles whose registration is suspended under par. (a).

AB768-ASA1,395,19 (f) The city may not suspend vehicle registrations under this section after June 30, 2001.

AB768-ASA1, s. 527f Section 527f. 345.37 (2) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,13 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

AB768-ASA1, s. 527g Section 527g. 345.37 (5) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,396,22 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

AB768-ASA1, s. 527h Section 527h. 345.47 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,8 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

AB768-ASA1, s. 527j Section 527j. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,397,19 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.

AB768-ASA1, s. 527k Section 527k. 345.47 (1) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and 135, is amended to read:

AB768-ASA1,398,11 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.