AB795: Bill Text

AB795,44,24 344.19 (3m) (a) Unless 3 years have elapsed since compliance of the resident with the law of the other state relating to the deposit of security, the resident whose operating privilege or registration was suspended or revoked under sub. (3) or whose operating privilege or registration was suspended under s. 344.19 (3), 1989 stats., shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the resident is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.

AB795, s. 125 Section 125. 344.19 (3m) (b) of the statutes is amended to read:

AB795,45,3 344.19 (3m) (b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.19 (3), 1989 stats sub. (3).

AB795, s. 126 Section 126. 344.24 of the statutes is amended to read:

AB795,45,15 344.24 Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked pursuant to under ch. 343.

AB795, s. 127 Section 127. 344.25 (intro.) of the statutes is amended to read:

AB795,45,22 344.25 (title) Revocation of license and registration Suspension for nonpayment of judgment; exceptions. (intro.) Upon the receipt, under s. 344.05, of a certified copy of a judgment for damages in excess of $500 or more arising out of a motor vehicle accident, the secretary shall forthwith revoke immediately suspend the operating privilege and all registrations of the person against whom such judgment was rendered, subject to the following exceptions:

AB795, s. 128 Section 128. 344.25 (1) of the statutes is amended to read:

AB795,46,3 344.25 (1) If the judgment arose out of an accident caused by the ownership or operation, with permission, of a vehicle owned by or leased to the United States, this state or any county or municipality of this state or a vehicle subject to the requirements of s. 121.53, 194.41 or 194.42, the secretary shall not revoke such license suspend such operating privilege or registration.

AB795, s. 129 Section 129. 344.25 (3) of the statutes is amended to read:

AB795,46,7 344.25 (3) The secretary shall not revoke such license suspend such operating privilege or registrations if the judgment debtor obtains a court order for instalment payments and furnishes proof of financial responsibility as provided in s. 344.27.

AB795, s. 130 Section 130. 344.25 (5) of the statutes is amended to read:

AB795,46,16 344.25 (5) When the secretary receives certification of the entry of a damage judgment in accordance with s. 344.05 against a resident of this state which has been entered by an Indian tribal court in this state or by a court in another jurisdiction, the secretary shall give notice to the person of the receipt of the certification of judgment. If satisfaction of such judgment is not made and copy of such satisfaction filed with the secretary within 30 days from the date such notice was given, the secretary shall revoke the license suspend the operating privilege and registrations of such judgment debtor.

AB795, s. 131 Section 131. 344.26 (title) of the statutes is amended to read:

AB795,46,19 344.26 (title) Revocation Suspension to continue until judgment paid and proof of financial responsibility given.

AB795, s. 132 Section 132. 344.26 (1) of the statutes is amended to read:

AB795,47,4 344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration suspended or revoked pursuant to under s. 344.25 shall remain suspended or revoked until every judgment mentioned in s. 344.25 is stayed, satisfied or discharged and, unless 3 years have elapsed since the date of entry of the judgment which was the cause for suspension or revocation, until the person whose operating privilege and registration was suspended or revoked furnishes and maintains in effect proof of financial responsibility for the future and maintains such proof at all times during such 3-year period when the operating privilege or registration is in effect.

AB795, s. 133 Section 133. 344.27 (title) of the statutes is amended to read:

AB795,47,7 344.27 (title) Instalment payment of judgments; revocation suspension upon default.

AB795, s. 134 Section 134. 344.27 (2) of the statutes is amended to read:

AB795,47,14 344.27 (2) The secretary shall not revoke suspend the operating privilege or registration and shall restore any operating privilege or registration revoked suspended following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in instalments and, unless 3 years have elapsed since the entry of judgment, furnishes and maintains proof of financial responsibility for the future.

AB795, s. 135 Section 135. 344.27 (3) of the statutes is amended to read:

AB795,47,19 344.27 (3) If the judgment debtor fails to pay any instalment as specified by such order, the secretary, upon notice of such default, shall forthwith revoke immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.

AB795, s. 136 Section 136. 344.29 of the statutes is amended to read:

AB795,48,4 344.29 Proof of financial responsibility for the future required. Proof of financial responsibility for the future shall be furnished by any person required to give such proof under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and in those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.

AB795, s. 137 Section 137. 344.40 (title) of the statutes is amended to read:

AB795,48,7 344.40 (title) Revocation or suspension for failure to maintain proof; other proof may be required.

AB795, s. 138 Section 138. 344.40 (1) (a) of the statutes is amended to read:

AB795,48,16 344.40 (1) (a) Except as provided in par. (b), whenever any person whose operating privilege was suspended or revoked who has furnished proof of financial responsibility fails to maintain such proof at any time during the period when proof of financial responsibility is required, the secretary shall suspend or revoke such person's operating privilege for a period of time running from the date of suspension or revocation until such time as either satisfactory proof of financial responsibility is again furnished or the period during which proof was required to be furnished has expired.

AB795, s. 139 Section 139. 344.40 (1) (b) of the statutes is amended to read:

AB795,48,24 344.40 (1) (b) Whenever any person who has furnished proof of financial responsibility fails to maintain such proof at any time during the period when proof of financial responsibility is required under s. 344.18 (1m) or (3m) or 344.19 (3m), the secretary shall revoke suspend all of the person's registrations for a period of time running from the date of revocation suspension until such time as either satisfactory proof of financial responsibility is again furnished or the period during which proof was required to be furnished has expired.

AB795, s. 140 Section 140. 344.40 (2) (a) of the statutes is amended to read:

AB795,49,5 344.40 (2) (a) Except as provided in par. (b), whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which required, the secretary shall require other proof meeting the requirements of this chapter and shall suspend or revoke the operating privilege pending the filing of such other proof.

AB795, s. 141 Section 141. 344.40 (2) (b) of the statutes is amended to read:

AB795,49,11 344.40 (2) (b) Whenever any proof of financial responsibility filed under s. 344.18 (1m) or (3m) or 344.19 (3m) no longer fulfills the purposes for which required, the secretary shall require other proof meeting the requirements of this chapter and shall revoke suspend all of the person's registrations pending the filing of such other proof.

AB795, s. 142 Section 142. 344.41 (3) (a) of the statutes is amended to read:

AB795,49,17 344.41 (3) (a) Whenever any person whose proof has been canceled or returned under sub. (1) (c) desires reinstatement of that person's license operating privilege prior to the expiration of the period during which proof of financial responsibility is required, that person shall again furnish proof of financial responsibility. Thereupon that person's license operating privilege is reinstated as provided in s. 343.38.

AB795, s. 143 Section 143. 344.45 (title) of the statutes is amended to read:

AB795,49,20 344.45 (title) Surrender of license and registration upon revocation or suspension.

AB795, s. 144 Section 144. 344.45 (1) of the statutes is amended to read:

AB795,50,3 344.45 (1) Whenever a person's operating privilege or registration is revoked or suspended under this chapter, the department may also order the person to surrender to the department his or her operator's license and the registration plate or plates of the vehicle or vehicles for which registration was revoked or suspended. If the person fails forthwith immediately to return the operator's license, or registration plate or plates to the department, the department may direct a traffic officer to take possession thereof and return them to the department.

AB795, s. 145 Section 145. 344.46 (1) of the statutes is amended to read:

AB795,50,10 344.46 (1) No owner of a motor vehicle involved in an accident in this state which is reportable under s. 346.70 shall transfer the ownership or registration of any vehicle whose registration is subject to suspension or revocation under s. 344.14 until this chapter has been complied with or until the secretary is satisfied that such transfer is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter.

AB795, s. 146 Section 146. 344.46 (3) of the statutes is amended to read:

AB795,50,16 344.46 (3) This section does not apply to or affect the registration of any vehicle sold by a person who, pursuant to under the terms or conditions of any written instrument giving a right of repossession, has exercised such right and has repossessed such vehicle from a person whose registration has been suspended or revoked pursuant to under this chapter.

AB795, s. 147 Section 147. 344.55 (2) of the statutes is amended to read:

AB795,50,25 344.55 (2) The department may not issue registration plates for such a vehicle unless there is on file with the department a certificate of insurance showing that the vehicle is insured in compliance with sub. (1). No such policy may be terminated prior to its expiration or canceled for any reason unless a notice thereof is filed with the department at least 30 days prior to the date of termination or cancellation. The department shall revoke suspend the registration of a vehicle on which the insurance policy has been terminated or canceled, effective on the date of termination or cancellation.

AB795, s. 148 Section 148. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB795,51,10 345.47 (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), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 2 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.

AB795, s. 149 Section 149. 351.02 (1) (a) 4. of the statutes is repealed.

AB795, s. 150 Section 150. 351.02 (1) (a) 10. of the statutes is amended to read:

AB795,52,3 351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 6-303, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with wilful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, refusal to submit to chemical testing, operating a motor vehicle while the operating privilege or operator's license is revoked or suspended, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

AB795, s. 151 Section 151. 351.09 of the statutes is created to read:

AB795,52,22 351.09 Recalculation of habitual traffic offender status. Any person whose operating privilege is revoked as a habitual traffic offender or as a repeat habitual traffic offender and whose classification as a habitual traffic offender or repeat habitual traffic offender resulted from one or more convictions for violations of s. 343.44 (1), or a local ordinance in conformity therewith, or the law of another jurisdiction that prohibits the operation of a motor vehicle with a suspended or revoked operator's license, may apply to the department for recalculation of that person's status as a habitual traffic offender or repeat habitual traffic offender. Upon receiving an application under this section, the department shall recalculate whether the person's record of convictions brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender. If the recalculation demonstrates that the person is not a habitual traffic offender or repeat habitual traffic offender, the department shall rescind the order declaring the applicant a habitual traffic offender or repeat habitual traffic offender. Upon the completion of the recalculation under this section, the department shall provide written notice to the person of the result of the recalculation, of the order of rescission, if any, under this section and, if appropriate, of the process for reinstating the person's operating privilege. This section does not apply on or after January 1, 2003.

AB795, s. 152 Section 152. 351.11 of the statutes is amended to read:

AB795,53,5 351.11 Application of chapter. This chapter is in addition to and not in substitution for any provision of ch. 343 or 344 requiring the revocation of an operator's license. A license operating privilege. An operating privilege may be revoked in accordance with ch. 343 or 344 notwithstanding the fact that the revocation is not mandated by this chapter. The penalty imposed under s. 351.08 is in addition to the penalty imposed under any other law or ordinance for an offense specified in s. 351.02.

AB795, s. 153 Section 153. 767.303 (1) and (2) of the statutes are amended to read:

AB795,53,17 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.51, child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 2 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

AB795,54,2 (2) Whenever the court orders suspension of a person's operating privilege under sub. (1), the court shall notify the department of transportation, in the form and manner prescribed by the department. The notice to the department shall include the name and last-known address of the person against whom the support order was entered, certification by the court that the person has been notified of the entry of the support order and that there are arrearages in support payments that are 90 or more days past due, the place where the arrearages may be paid and that the person's operating privilege shall remain suspended until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 2 years.

AB795, s. 154 Section 154. 800.09 (1) (c) of the statutes is amended to read:

AB795,54,12 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 5 2 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation.

AB795, s. 155 Section 155. 800.095 (4) (b) 4. of the statutes is amended to read:

AB795,54,16 800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 5 2 years.

AB795, s. 156 Section 156. 938.34 (8) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB795,55,12 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

AB795, s. 157 Section 157. 938.34 (14m) of the statutes is amended to read:

AB795,55,22 938.34 (14m) Violation involving a motor vehicle. Restrict, or suspend or revoke the operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law in which a motor vehicle is involved. If the court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of the suspended or revoked license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension or revocation. If the court limits a juvenile's operating privilege under this subsection, the court shall immediately notify the department of transportation of that limitation.

AB795, s. 158 Section 158. 938.34 (14r) (a) and (c) of the statutes are amended to read:

AB795,56,5 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 961.

AB795,56,10 (c) If the juvenile's license or operating privilege is currently suspended or revoked or if the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance , renewal or reinstatement of an operator's license under ch. 343.

AB795, s. 159 Section 159. 938.343 (2) of the statutes is amended to read:

AB795,56,24 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

AB795, s. 160 Section 160. 938.344 (2) (c) of the statutes is amended to read:

AB795,57,5 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 161 Section 161. 938.344 (2b) (c) of the statutes is amended to read:

AB795,57,11 938.344 (2b) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 162 Section 162. 938.344 (2d) (c) of the statutes is amended to read:

AB795,57,17 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 163 Section 163. 938.344 (2e) (a) (intro.) of the statutes is amended to read:

AB795,57,23 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:

AB795, s. 164 Section 164. 938.344 (2e) (b) of the statutes is amended to read:

AB795,58,6 938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

AB795, s. 165 Section 165. 938.344 (2e) (c) of the statutes is amended to read:

AB795,58,12 938.344 (2e) (c) If the juvenile's license or operating privilege is currently suspended or revoked or the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance, renewal or reinstatement of an operator's license under ch. 343.

AB795, s. 166 Section 166. 961.50 (1) (intro.) of the statutes is amended to read:

AB795,58,21 961.50 (1) (intro.) If a person is convicted of any violation of this chapter, the court shall, in addition to any other penalties that may apply to the crime, suspend or revoke the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the record of conviction and notice of the suspension or revocation. The person is eligible for an occupational license under s. 343.10 as follows:

AB795, s. 167 Section 167. Initial applicability.

AB795,58,24 (1) The treatment of section 13.0965 of the statutes first applies to a bill introduced on the effective date of this subsection.

AB795, s. 168 Section 168. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows: