AB100: Bill Text Engrossed

AB100-engrossed, s. 4059p Section 4059p. 342.30 (3) (a) of the statutes is amended to read:

AB100-engrossed,1906,15 342.30 (3) (a) Any person who violates sub. (1) (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB100-engrossed, s. 4059t Section 4059t. 342.30 (4) (a) of the statutes is amended to read:

AB100-engrossed,1906,25 342.30 (4) (a) If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. If the identification number can be identified, the agency may return the vehicle to the registered owner. Except as provided in par. (b), the district attorney shall institute forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.

AB100-engrossed, s. 4060f Section 4060f. 342.34 (1) (c) of the statutes is amended to read:

AB100-engrossed,1907,12 342.34 (1) (c) If the vehicle is a motorcycle or an automobile or station wagon registered under the monthly series system s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile or station wagon registered under the monthly series system s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates.

AB100-engrossed, s. 4060m Section 4060m. 342.40 (1) of the statutes is renumbered 342.40 (1m).

AB100-engrossed, s. 4061m Section 4061m. 342.40 (1c) of the statutes is created to read:

AB100-engrossed,1907,16 342.40 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

AB100-engrossed, s. 4062 Section 4062. 343.06 (1) (c) of the statutes is amended to read:

AB100-engrossed,1908,16 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of education public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of education public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB100-engrossed, s. 4065 Section 4065. 343.06 (1) (j) of the statutes is amended to read:

AB100-engrossed,1908,20 343.06 (1) (j) To any person applying for his or her first license or identification card or for a reinstated license in this state unless the person has submitted satisfactory proof of his or her name and date and place of birth.

AB100-engrossed, s. 4066 Section 4066. 343.07 (5) of the statutes is amended to read:

AB100-engrossed,1909,2 343.07 (5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of education public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

AB100-engrossed, s. 4067gc Section 4067gc. 343.10 (2) (a) 1. of the statutes is amended to read:

AB100-engrossed,1909,12 343.10 (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 s. 961.50 or under this chapter or ch. 344 or s. 161.50, except under s. 344.40, within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40. This subdivision does not apply to a person applying for an occupational license whose license or operating privilege is currently revoked or suspended because of a conviction, suspension or revocation, as counted under s. 343.307 (1).

AB100-engrossed, s. 4067gf Section 4067gf. 343.10 (2) (e) of the statutes is amended to read:

AB100-engrossed,1909,18 343.10 (2) (e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior any convictions, suspensions or revocations, as counted under s. 343.307 (1), within the previous 10-year period, no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4067gi Section 4067gi. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) 1. a. and amended to read:

AB100-engrossed,1910,9 343.10 (5) (a) 1. a. In addition to any restrictions appearing on the former operator's license of the applicant and except as provided in this subd. 1. a., the 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 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 subd. 1. a. The 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 subd. 1. a. The restrictions under this subd. 1. a. do not apply to an occupational license that restricts the applicant's operation under the occupational license to motor vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6).

AB100-engrossed,1910,11 b. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41.

AB100-engrossed, s. 4067gm Section 4067gm. 343.10 (5) (a) 3. of the statutes is amended to read:

AB100-engrossed,1911,11 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations any conviction, suspension or revocation, as counted under s. 343.307 (1), within the previous 10-year period, the occupational license of the applicant may shall restrict the 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). The ignition interlock device restriction under this subdivision does not apply if an applicant has only one conviction, as counted under s. 343.307 (1), within the previous 10-year period, the conviction resulted from the person having an alcohol concentration of less than 0.18, as reported to the department under s. 343.305 (7) (a), and the applicant does not have any suspension or revocation as the result of the refusal to submit to chemical testing, as counted under s. 343.307 (1) (e) or (f), within the previous 10-year period. 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. In addition to the penalties under sub. (8), if a person 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 with an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, the period of the ignition interlock device restriction shall be increased by the amount of time from the issuance of the restricted occupational license under this subdivision to the date of violation of the ignition interlock device restriction.

AB100-engrossed, s. 4067gp Section 4067gp. 343.10 (5) (a) 4. of the statutes is created to read:

AB100-engrossed,1911,18 343.10 (5) (a) 4. If the department issues a person an occupational license under sub. (7) restricted to operating motor vehicles equipped with an ignition interlock device, the department shall inform the person of the ignition interlock program under s. 110.10 and that he or she is liable for the reasonable costs of equipping any motor vehicle that he or she operates with a functioning ignition interlock device.

AB100-engrossed, s. 4067gr Section 4067gr. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB100-engrossed,1911,23 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department 59.25 (3) (m).

AB100-engrossed, s. 4067gu Section 4067gu. 343.10 (6) (b) of the statutes is created to read:

AB100-engrossed,1912,5 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB100-engrossed, s. 4067gv Section 4067gv. 343.10 (7) (cm) of the statutes is amended to read:

AB100-engrossed,1912,11 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any a motor vehicle that the applicant will be permitted to operate has been equipped with a functioningignition interlock device obtained from a service provider under s. 110.10.

AB100-engrossed, s. 4067hd Section 4067hd. 343.10 (8) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1912,15 343.10 (8) (a) (intro.) Any Except as provided under par. (ai), any person who violates any restriction of an occupational license, in addition to the immediate revocation of the license:

AB100-engrossed, s. 4067hi Section 4067hi. 343.10 (8) (ai) of the statutes is created to read:

AB100-engrossed,1912,19 343.10 (8) (ai) Any person who violates an occupational license restriction that requires him or her to only operate vehicles that are equipped with an ignition interlock device:

AB100-engrossed,1912,21 1. Shall forfeit not less than $150 nor more than $600, except as provided in subd. 2.

AB100-engrossed,1912,24 2. Shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not more than 6 months, if the number of convictions under this section equals 2 or more in a 5-year period.

AB100-engrossed, s. 4067hm Section 4067hm. 343.10 (8) (b) of the statutes is amended to read:

AB100-engrossed,1913,2 343.10 (8) (b) The 5-year period under par. (a) 2. or (ai) 2. shall be measured from the dates of the violations which resulted in the convictions.

AB100-engrossed, s. 4068 Section 4068. 343.14 (3) (a) of the statutes is amended to read:

AB100-engrossed,1913,12 343.14 (3) (a) The department shall, as part of the application process, take a photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 4 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

AB100-engrossed, s. 4070 Section 4070. 343.14 (4) of the statutes is repealed.

AB100-engrossed, s. 4076 Section 4076. 343.16 (1) (c) (intro.) of the statutes is amended to read:

AB100-engrossed,1913,25 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of education public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:

AB100-engrossed, s. 4077 Section 4077. 343.16 (1) (c) 1. of the statutes is amended to read:

AB100-engrossed,1914,3 343.16 (1) (c) 1. A course in driver education in public schools approved by the department of education public instruction.

AB100-engrossed, s. 4078 Section 4078. 343.16 (1) (c) 3. of the statutes is amended to read:

AB100-engrossed,1914,7 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of education public instruction.

AB100-engrossed, s. 4080 Section 4080. 343.16 (3) (a) of the statutes is amended to read:

AB100-engrossed,1914,24 343.16 (3) (a) The Except as provided in s. 343.20 (1) (f), the department shall examine every applicant for the renewal of an operator's license once every 4 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

AB100-engrossed, s. 4083 Section 4083. 343.17 (3) (a) 12. of the statutes is amended to read:

AB100-engrossed,1915,5 343.17 (3) (a) 12. If the person is not the legal drinking age, as defined in s. 125.02 (8m), at the time of issuance of the license, a distinctive background color for the license document designated appearance specified by the department that clearly identifies to the public that the person was not the legal drinking age at the time of issuance of the license.

AB100-engrossed, s. 4083m Section 4083m. 343.18 (3) (b) of the statutes is amended to read:

AB100-engrossed,1915,10 343.18 (3) (b) If the special restrictions card is part of an occupational license issued under s. 343.10, any person who violates sub. (1) is subject to the penalties provided in s. 343.10 (8) (a) and the person's operating privilege shall be revoked under s. 343.31 (3) (h).

AB100-engrossed, s. 4084 Section 4084. 343.19 (1) of the statutes is amended to read:

AB100-engrossed,1915,22 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name, and date and place of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB100-engrossed, s. 4085 Section 4085. 343.20 (1) (a) of the statutes is amended to read:

AB100-engrossed,1916,9 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. All other licenses and license endorsements shall expire 4 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.

AB100-engrossed, s. 4086 Section 4086. 343.20 (1) (f) of the statutes is created to read:

AB100-engrossed,1916,18 343.20 (1) (f) During the transition to the issuance of renewal licenses under par. (a) that are valid for a period of 8 years, the department may issue licenses for renewal periods of less than 8 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken under s. 343.14 (3) or to submit to an examination under s. 343.16 (3). If the department issues a license under this paragraph, any applicable fees due shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

AB100-engrossed, s. 4087 Section 4087. 343.21 (1) (a) of the statutes is amended to read:

AB100-engrossed,1916,21 343.21 (1) (a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $15 $18.

AB100-engrossed, s. 4088 Section 4088. 343.21 (1) (am) of the statutes is amended to read:

AB100-engrossed,1916,24 343.21 (1) (am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $10 $24.

AB100-engrossed, s. 4089 Section 4089. 343.21 (1) (b) of the statutes is amended to read:

AB100-engrossed,1917,2 343.21 (1) (b) For the initial issuance or renewal of authorization to operate "Class M" motor vehicles, $4 $12 in addition to any other fees due.

AB100-engrossed, s. 4090 Section 4090. 343.21 (1) (bg) of the statutes is created to read:

AB100-engrossed,1917,5 343.21 (1) (bg) For the renewal of authorization to operate "Class M" motor vehicles, $8 in addition to any other fees due.

AB100-engrossed, s. 4091 Section 4091. 343.21 (1) (d) of the statutes is amended to read:

AB100-engrossed,1917,11 343.21 (1) (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $32 $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.

AB100-engrossed, s. 4092 Section 4092. 343.21 (1) (i) of the statutes is amended to read:

AB100-engrossed,1917,13 343.21 (1) (i) For Except as provided in par. (im), for an instruction permit, $20.

AB100-engrossed, s. 4093 Section 4093. 343.21 (1) (im) of the statutes is created to read:

AB100-engrossed,1917,16 343.21 (1) (im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.

AB100-engrossed, s. 4093mc Section 4093mc. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB100-engrossed,1917,20 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB100-engrossed, s. 4093mf Section 4093mf. 343.21 (1) (j) 2. of the statutes is created to read:

AB100-engrossed,1918,2 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

AB100-engrossed, s. 4093mg Section 4093mg. 343.21 (1m) of the statutes is created to read:

AB100-engrossed,1918,7 343.21 (1m) In addition to the fee specified in sub. (1) (am), (b) or (d), an applicant whose application for renewal of a license or authorization under sub. (1) (am), (b) or (d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.

AB100-engrossed, s. 4093mi Section 4093mi. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB100-engrossed,1918,18 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall suspend the person's operating privilege for not less than 6 months nor more than 9 months. If the person's conviction resulted from the person having an alcohol concentration of 0.18 or more, or if the court determines that an ignition interlock device restriction is needed to ensure public safety, the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. The person is eligible for an occupational license under s. 343.10 at any time.

AB100-engrossed, s. 4093mj Section 4093mj. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB100-engrossed,1919,4 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 5-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. 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).

AB100-engrossed, s. 4093mm Section 4093mm. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB100-engrossed,1919,15 343.30 (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 and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. 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).

AB100-engrossed, s. 4093mo Section 4093mo. 343.30 (4) of the statutes is amended to read:

AB100-engrossed,1920,2 343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately take possession of any suspended or revoked license and shall forward it as provided in s. 345.48 to the department together with the record of conviction and notice of suspension or revocation. If a person is convicted under s. 346.63 (1) or a local ordinance in conformity therewith or is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the record of conviction shall include the convicted person's alcohol concentration, if known. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.