AB795,45,15
5344.24 Applicability of sections relating to proof of financial
6responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases
7in which a person is required to deposit proof of financial responsibility for the future,
8including those cases in which a person is required to deposit proof of financial
9responsibility for the future under ss. 344.25 to 344.27, those cases in which the
10deposit of proof of financial responsibility for the future is a condition precedent to
11renewal or reinstatement of an operating privilege or registration suspended or
12revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit
13of proof of financial responsibility for the future is a condition precedent to issuance
14of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege
15revoked
pursuant to under ch. 343.
AB795, s. 127
16Section
127. 344.25 (intro.) of the statutes is amended to read:
AB795,45,22
17344.25 (title)
Revocation of license and registration Suspension for
18nonpayment of judgment; exceptions. (intro.) Upon the receipt, under s. 344.05,
19of a certified copy of a judgment for damages
in excess of $500
or more arising out
20of a motor vehicle accident, the secretary shall
forthwith revoke immediately
21suspend the operating privilege and all registrations of the person against whom
22such judgment was rendered, subject to the following exceptions:
AB795, s. 128
23Section
128. 344.25 (1) of the statutes is amended to read:
AB795,46,324
344.25
(1) If the judgment arose out of an accident caused by the ownership or
25operation, with permission, of a vehicle owned by or leased to the United States, this
1state or any county or municipality of this state or a vehicle subject to the
2requirements of s. 121.53, 194.41 or 194.42, the secretary shall not
revoke such
3license suspend such operating privilege or registration.
AB795, s. 129
4Section
129. 344.25 (3) of the statutes is amended to read:
AB795,46,75
344.25
(3) The secretary shall not
revoke such license suspend such operating
6privilege or registrations if the judgment debtor obtains a court order for instalment
7payments and furnishes proof of financial responsibility as provided in s. 344.27.
AB795, s. 130
8Section
130. 344.25 (5) of the statutes is amended to read:
AB795,46,169
344.25
(5) When the secretary receives certification of the entry of a damage
10judgment in accordance with s. 344.05 against a resident of this state which has been
11entered by an Indian tribal court in this state or by a court in another jurisdiction,
12the secretary shall give notice to the person of the receipt of the certification of
13judgment. If satisfaction of such judgment is not made and copy of such satisfaction
14filed with the secretary within 30 days from the date such notice was given, the
15secretary shall
revoke the license suspend the operating privilege and registrations
16of such judgment debtor.
AB795, s. 131
17Section
131. 344.26 (title) of the statutes is amended to read:
AB795,46,19
18344.26 (title)
Revocation
Suspension to continue until judgment paid
19and proof of financial responsibility given.
AB795, s. 132
20Section
132. 344.26 (1) of the statutes is amended to read:
AB795,47,421
344.26
(1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any
22operating privilege or registration
suspended or revoked
pursuant to under s. 344.25
23shall remain
suspended or revoked until every judgment mentioned in s. 344.25 is
24stayed, satisfied or discharged and, unless 3 years have elapsed since the date of
25entry of the judgment which was the cause for
suspension or revocation, until the
1person whose operating privilege and registration was
suspended or revoked
2furnishes
and maintains in effect proof of financial responsibility for the future
and
3maintains such proof at all times during such 3-year period when the operating
4privilege or registration is in effect.
AB795, s. 133
5Section
133. 344.27 (title) of the statutes is amended to read:
AB795,47,7
6344.27 (title)
Instalment payment of judgments; revocation suspension
7upon default.
AB795, s. 134
8Section
134. 344.27 (2) of the statutes is amended to read:
AB795,47,149
344.27
(2) The secretary shall not
revoke suspend the operating privilege or
10registration and shall restore any operating privilege or registration
revoked 11suspended following nonpayment of a judgment when the judgment debtor obtains
12such order permitting the payment of the judgment in instalments and, unless 3
13years have elapsed since the entry of judgment, furnishes and maintains proof of
14financial responsibility for the future.
AB795, s. 135
15Section
135. 344.27 (3) of the statutes is amended to read:
AB795,47,1916
344.27
(3) If the judgment debtor fails to pay any instalment as specified by
17such order, the secretary, upon notice of such default, shall
forthwith revoke 18immediately suspend the operating privilege and registrations of the judgment
19debtor until such judgment is satisfied as provided in s. 344.26.
AB795, s. 136
20Section
136. 344.29 of the statutes is amended to read:
AB795,48,4
21344.29 Proof of financial responsibility for the future required. Proof
22of financial responsibility for the future shall be furnished by any person required
23to give such proof under ss. 344.25 to 344.27, those cases in which the deposit of proof
24of financial responsibility for the future is a condition precedent to
renewal or 25reinstatement of an operating privilege or registration suspended or revoked under
1s. 344.14, 344.18 (3) or 344.19 (3) and in those cases in which the deposit of proof of
2financial responsibility for the future is a condition precedent to issuance of an
3operator's license under s. 343.38 (4) or reinstatement of an operating privilege
4revoked under ch. 343.
AB795, s. 137
5Section
137. 344.40 (title) of the statutes is amended to read:
AB795,48,7
6344.40 (title)
Revocation or suspension for failure to maintain proof;
7other proof may be required.
AB795, s. 138
8Section
138. 344.40 (1) (a) of the statutes is amended to read:
AB795,48,169
344.40
(1) (a) Except as provided in par. (b), whenever any person
whose
10operating privilege was suspended or revoked who has furnished proof of financial
11responsibility fails to maintain such proof at any time during the period when proof
12of financial responsibility is required, the secretary shall
suspend or revoke such
13person's operating privilege for a period of time running from the date of
suspension
14or revocation until such time as either satisfactory proof of financial responsibility
15is again furnished or the period during which proof was required to be furnished has
16expired.
AB795, s. 139
17Section
139. 344.40 (1) (b) of the statutes is amended to read:
AB795,48,2418
344.40
(1) (b) Whenever any person who has furnished proof of financial
19responsibility fails to maintain such proof at any time during the period when proof
20of financial responsibility is required under s. 344.18 (1m) or (3m) or 344.19 (3m), the
21secretary shall
revoke suspend all of the person's registrations for a period of time
22running from the date of
revocation suspension until such time as either satisfactory
23proof of financial responsibility is again furnished or the period during which proof
24was required to be furnished has expired.
AB795, s. 140
25Section
140. 344.40 (2) (a) of the statutes is amended to read:
AB795,49,5
1344.40
(2) (a) Except as provided in par. (b), whenever any proof of financial
2responsibility filed under this chapter no longer fulfills the purposes for which
3required, the secretary shall require other proof meeting the requirements of this
4chapter and shall
suspend or revoke the operating privilege pending the filing of such
5other proof.
AB795, s. 141
6Section
141. 344.40 (2) (b) of the statutes is amended to read:
AB795,49,117
344.40
(2) (b) Whenever any proof of financial responsibility filed under s.
8344.18 (1m) or (3m) or 344.19 (3m) no longer fulfills the purposes for which required,
9the secretary shall require other proof meeting the requirements of this chapter and
10shall
revoke suspend all of the person's registrations pending the filing of such other
11proof.
AB795, s. 142
12Section
142. 344.41 (3) (a) of the statutes is amended to read:
AB795,49,1713
344.41
(3) (a) Whenever any person whose proof has been canceled or returned
14under sub. (1) (c) desires reinstatement of that person's
license operating privilege 15prior to the expiration of the period during which proof of financial responsibility is
16required, that person shall again furnish proof of financial responsibility. Thereupon
17that person's
license operating privilege is reinstated as provided in s. 343.38.
AB795, s. 143
18Section
143. 344.45 (title) of the statutes is amended to read:
AB795,49,20
19344.45 (title)
Surrender of license and registration upon revocation or
20suspension.
AB795, s. 144
21Section
144. 344.45 (1) of the statutes is amended to read:
AB795,50,322
344.45
(1) Whenever a person's operating privilege or registration is
revoked
23or suspended under this chapter, the department may
also order the person to
24surrender to the department his or her
operator's license and the registration
plate
25or plates of the vehicle or vehicles for which registration was
revoked or suspended.
1If the person fails
forthwith immediately to return the
operator's license
, or 2registration
plate or plates to the department, the department may direct a traffic
3officer to take possession thereof and return them to the department.
AB795, s. 145
4Section
145. 344.46 (1) of the statutes is amended to read:
AB795,50,105
344.46
(1) No owner of a motor vehicle involved in an accident in this state
6which is reportable under s. 346.70 shall transfer the ownership or registration of
7any vehicle whose registration is subject to
suspension or revocation under s. 344.14
8until this chapter has been complied with or until the secretary is satisfied that such
9transfer is proposed in good faith and not for the purpose or with the effect of
10defeating the purposes of this chapter.
AB795, s. 146
11Section
146. 344.46 (3) of the statutes is amended to read:
AB795,50,1612
344.46
(3) This section does not apply to or affect the registration of any vehicle
13sold by a person who,
pursuant to under the terms or conditions of any written
14instrument giving a right of repossession, has exercised such right and has
15repossessed such vehicle from a person whose registration has been
suspended or 16revoked
pursuant to under this chapter.
AB795, s. 147
17Section
147. 344.55 (2) of the statutes is amended to read:
AB795,50,2518
344.55
(2) The department may not issue registration plates for such a vehicle
19unless there is on file with the department a certificate of insurance showing that the
20vehicle is insured in compliance with sub. (1). No such policy may be terminated
21prior to its expiration or canceled for any reason unless a notice thereof is filed with
22the department at least 30 days prior to the date of termination or cancellation. The
23department shall
revoke suspend the registration of a vehicle on which the insurance
24policy has been terminated or canceled, effective on the date of termination or
25cancellation.
AB795,51,103
345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
4or revocation, that the defendant's operating privilege be suspended for 30 days or
5until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
6the jail assessment, if required by s. 302.46 (1), and the crime laboratories and drug
7law enforcement assessment, if required by s. 165.755, but not to exceed
5 2 years.
8Suspension under this paragraph shall not affect the power of the court to suspend
9or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
10operating privilege.
AB795, s. 149
11Section
149. 351.02 (1) (a) 4. of the statutes is repealed.
AB795, s. 150
12Section
150. 351.02 (1) (a) 10. of the statutes is amended to read:
AB795,52,313
351.02
(1) (a) 10. Any offense under the law of another jurisdiction prohibiting
14conduct described in sections 6-207, 6-302,
6-303, 10-102, 10-103, 10-104, 11-901,
1511-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance
16(1987), or prohibiting homicide or manslaughter resulting from the operation of a
17motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless
18driving or driving a motor vehicle with wilful or wanton disregard for the safety of
19persons or property, driving or operating a motor vehicle while under the influence
20of alcohol, a controlled substance, a controlled substance analog or any other drug
21or a combination thereof as prohibited, refusal to submit to chemical testing,
22operating a motor vehicle while the operating privilege or operator's license is
23revoked or suspended, perjury or the making false statements or affidavits to a
24governmental agency in connection with the ownership or operation of a motor
25vehicle, failing to stop and identify oneself as the driver or operator in the event of
1a motor vehicle accident with a person or an attended motor vehicle or fleeing from
2or attempting to elude a police, law enforcement or other peace officer, as those or
3substantially similar terms are used in that jurisdiction's laws.
AB795, s. 151
4Section
151. 351.09 of the statutes is created to read:
AB795,52,22
5351.09 Recalculation of habitual traffic offender status. Any person
6whose operating privilege is revoked as a habitual traffic offender or as a repeat
7habitual traffic offender and whose classification as a habitual traffic offender or
8repeat habitual traffic offender resulted from one or more convictions for violations
9of s. 343.44 (1), or a local ordinance in conformity therewith, or the law of another
10jurisdiction that prohibits the operation of a motor vehicle with a suspended or
11revoked operator's license, may apply to the department for recalculation of that
12person's status as a habitual traffic offender or repeat habitual traffic offender. Upon
13receiving an application under this section, the department shall recalculate
14whether the person's record of convictions brings the person within the definition of
15a habitual traffic offender or repeat habitual traffic offender. If the recalculation
16demonstrates that the person is not a habitual traffic offender or repeat habitual
17traffic offender, the department shall rescind the order declaring the applicant a
18habitual traffic offender or repeat habitual traffic offender. Upon the completion of
19the recalculation under this section, the department shall provide written notice to
20the person of the result of the recalculation, of the order of rescission, if any, under
21this section and, if appropriate, of the process for reinstating the person's operating
22privilege. This section does not apply on or after January 1, 2003.
AB795, s. 152
23Section
152. 351.11 of the statutes is amended to read:
AB795,53,5
24351.11 Application of chapter. This chapter is in addition to and not in
25substitution for any provision of ch. 343
or 344 requiring the revocation of an
1operator's license. A license operating privilege. An operating privilege may be
2revoked in accordance with ch. 343
or 344 notwithstanding the fact that the
3revocation is not mandated by this chapter. The penalty imposed under s. 351.08 is
4in addition to the penalty imposed under any other law or ordinance for an offense
5specified in s. 351.02.
AB795, s. 153
6Section
153. 767.303 (1) and (2) of the statutes are amended to read:
AB795,53,177
767.303
(1) If a person fails to pay a payment ordered for support under s.
8767.077, support under s. 767.08, child support or family support under s. 767.23,
9child support under s. 767.25, family support under s. 767.261, revised child or
10family support under s. 767.32, child support under s. 767.458 (3), child support
11under s. 767.51, child support under ch. 769 or child support under s. 948.22 (7), the
12payment is 90 or more days past due and the court finds that the person has the
13ability to pay the amount ordered, the court may suspend the person's operating
14privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or
15makes payment arrangements that are satisfactory to the court, except that the
16suspension period may not exceed
5 2 years. If otherwise eligible, the person is
17eligible for an occupational license under s. 343.10 at any time.
AB795,54,2
18(2) Whenever the court orders suspension of a person's operating privilege
19under sub. (1), the court shall notify the department of transportation, in the form
20and manner prescribed by the department. The notice to the department shall
21include the name and last-known address of the person against whom the support
22order was entered, certification by the court that the person has been notified of the
23entry of the support order and that there are arrearages in support payments that
24are 90 or more days past due, the place where the arrearages may be paid and that
25the person's operating privilege shall remain suspended until the person pays all
1arrearages in full or makes payment arrangements that are satisfactory to the court,
2except that the suspension period may not exceed
5
2 years.
AB795, s. 154
3Section
154. 800.09 (1) (c) of the statutes is amended to read:
AB795,54,124
800.09
(1) (c) The court may suspend the defendant's operating privilege, as
5defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
6and costs are paid, if the defendant has not done so within 60 days after the date the
7restitution or payments or both are to be made under par. (a) and has not notified the
8court that he or she is unable to comply with the judgment, as provided under s.
9800.095 (4) (a), except that the suspension period may not exceed
5 2 years. The court
10shall take possession of the suspended license and shall forward the license, along
11with a notice of the suspension clearly stating that the suspension is for failure to
12comply with a judgment of the court, to the department of transportation.
AB795, s. 155
13Section
155. 800.095 (4) (b) 4. of the statutes is amended to read:
AB795,54,1614
800.095
(4) (b) 4. That the defendant's operating privilege, as defined in s.
15340.01 (40), be suspended until the judgment is complied with, except that the
16suspension period may not exceed
5 2 years.
AB795,55,1219
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
20this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
21maximum forfeiture that the court may impose under this subsection for a violation
22by a juvenile is the maximum amount of the fine that may be imposed on an adult
23for committing that violation or, if the violation is applicable only to a person under
2418 years of age, $100. Any such order shall include a finding that the juvenile alone
25is financially able to pay the forfeiture and shall allow up to 12 months for payment.
1If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
2other alternatives under this section, in accordance with the conditions specified in
3this chapter; or the court may suspend any license issued under ch. 29 for not less
4than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as
5defined in s. 340.01 (40) for not
less than 30 days nor more than
5 2 years. If the court
6suspends any license under this subsection, the clerk of the court shall immediately
7take possession of the suspended license and forward it to the department which
8issued the license, together with a notice of suspension clearly stating that the
9suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is
10paid during the period of suspension, the suspension shall be reduced to the time
11period which has already elapsed and the court shall immediately notify the
12department which shall then return the license to the juvenile.
AB795, s. 157
13Section
157. 938.34 (14m) of the statutes is amended to read:
AB795,55,2214
938.34
(14m) Violation involving a motor vehicle. Restrict
, or suspend
or
15revoke the operating privilege, as defined in s. 340.01 (40), of a juvenile who is
16adjudicated delinquent under a violation of any law in which a motor vehicle is
17involved. If the court suspends
or revokes a juvenile's operating privilege under this
18subsection, the court shall immediately take possession of the suspended
or revoked 19license and forward it to the department of transportation together with a notice
20stating the reason for and duration of the suspension
or revocation. If the court limits
21a juvenile's operating privilege under this subsection, the court shall immediately
22notify the department of transportation of that limitation.
AB795, s. 158
23Section
158. 938.34 (14r) (a) and (c) of the statutes are amended to read:
AB795,56,524
938.34
(14r) (a) In addition to any other dispositions imposed under this
25section, if the juvenile is found to have violated ch. 961, the court shall suspend
or
1revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than
26 months nor more than 5 years. The court shall immediately take possession of any
3suspended
or revoked license and forward it to the department of transportation
4together with the notice of suspension
or revocation clearly stating that the
5suspension or revocation is for a violation of ch. 961.
AB795,56,106
(c) If the juvenile's license or operating privilege is currently suspended or
7revoked or if the juvenile does not currently possess a valid operator's license issued
8under ch. 343, the suspension
or revocation under this subsection is effective on the
9date on which the juvenile is first eligible and applies for issuance
, renewal or
10reinstatement of an operator's license under ch. 343.
AB795, s. 159
11Section
159. 938.343 (2) of the statutes is amended to read:
AB795,56,2412
938.343
(2) Impose a forfeiture not to exceed the maximum forfeiture that may
13be imposed on an adult for committing that violation or, if the violation is only
14applicable to a person under 18 years of age, $50. Any such order shall include a
15finding that the juvenile alone is financially able to pay and shall allow up to 12
16months for the payment. If a juvenile fails to pay the forfeiture, the court may
17suspend any license issued under ch. 29 or suspend the juvenile's operating privilege
18as defined in s. 340.01 (40), for not
less than 30 days nor more than
5 2 years. The
19court shall immediately take possession of the suspended license and forward it to
20the department which issued the license, together with the notice of suspension
21clearly stating that the suspension is for failure to pay a forfeiture imposed by the
22court. If the forfeiture is paid during the period of suspension, the court shall
23immediately notify the department, which will thereupon return the license to the
24person.
AB795, s. 160
25Section
160. 938.344 (2) (c) of the statutes is amended to read:
AB795,57,5
1938.344
(2) (c) For a violation committed within 12 months of 2 or more
2previous violations, a forfeiture of not more than $500,
revocation suspension of the
3juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
4participation in a supervised work program or other community service work under
5s. 938.34 (5g).
AB795, s. 161
6Section
161. 938.344 (2b) (c) of the statutes is amended to read:
AB795,57,117
938.344
(2b) (c) For a violation committed within 12 months of 2 or more
8previous violations, a forfeiture of $500,
revocation
suspension of the juvenile's
9operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
10participation in a supervised work program or other community service work under
11s. 938.34 (5g).
AB795, s. 162
12Section
162. 938.344 (2d) (c) of the statutes is amended to read:
AB795,57,1713
938.344
(2d) (c) For a violation committed within 12 months of 2 or more
14previous violations, a forfeiture of $500,
revocation
suspension of the juvenile's
15operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
16participation in a supervised work program or other community service work under
17s. 938.34 (5g).
AB795, s. 163
18Section
163. 938.344 (2e) (a) (intro.) of the statutes is amended to read:
AB795,57,2319
938.344
(2e) (a) (intro.) If a court finds a juvenile committed a violation under
20s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms
21to one of those statutes, the court shall suspend
or revoke the juvenile's operating
22privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years
23and, in addition, shall order one of the following penalties:
AB795, s. 164
24Section
164. 938.344 (2e) (b) of the statutes is amended to read:
AB795,58,6
1938.344
(2e) (b) Whenever a court suspends
or revokes a juvenile's operating
2privilege under this subsection, the court shall immediately take possession of any
3suspended
or revoked license and forward it to the department of transportation,
4together with the notice of suspension
or revocation clearly stating that the
5suspension
or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575
6(2), or a local ordinance that strictly conforms to one of those statutes.
AB795, s. 165
7Section
165. 938.344 (2e) (c) of the statutes is amended to read:
AB795,58,128
938.344
(2e) (c) If the juvenile's license or operating privilege is currently
9suspended or revoked or the juvenile does not currently possess a valid operator's
10license issued under ch. 343, the suspension
or revocation under this subsection is
11effective on the date on which the juvenile is first eligible and applies for issuance
,
12renewal or reinstatement of an operator's license under ch. 343.
AB795, s. 166
13Section
166. 961.50 (1) (intro.) of the statutes is amended to read:
AB795,58,2114
961.50
(1) (intro.) If a person is convicted of any violation of this chapter, the
15court shall, in addition to any other penalties that may apply to the crime, suspend
16or revoke the person's operating privilege, as defined in s. 340.01 (40), for not less
17than 6 months nor more than 5 years. The court shall immediately take possession
18of any suspended
or revoked license and forward it to the department of
19transportation together with the record of conviction and notice of the suspension
or
20revocation. The person is eligible for an occupational license under s. 343.10 as
21follows:
AB795,58,2423
(1) The treatment of section 13.0965 of the statutes first applies to a bill
24introduced on the effective date of this subsection.
AB795, s. 168
1Section
168.
Effective dates. This act takes effect on the first day of the 13th
2month beginning after publication, except as follows:
AB795,59,43
(1)
The treatment of sections 343.10 (1) (e) and 343.32 (6) of the statutes takes
4effect on the first day of the 24th month beginning after publication.
AB795,59,65
(2)
The treatment of sections 351.02 (1) (a) 4. and 10. and 351.11 of the statutes
6takes effect on the first day of the 4th month beginning after publication.