AB795, s. 30 3Section 30. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB795,17,64 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's
5operating privilege under s. 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension
6or revocation imposed shall be one of the following:
AB795, s. 31 7Section 31. 343.30 (6) (b) 3. of the statutes is amended to read:
AB795,17,98 343.30 (6) (b) 3. For a violation committed within 12 months of 2 or more
9previous violations, revocation suspension for not more than 2 years.
AB795, s. 32 10Section 32. 343.30 (6) (c) of the statutes is amended to read:
AB795,17,1211 343.30 (6) (c) Except as provided by par. (d), the suspension or revocation of the
12operating privilege under this subsection shall commence on the date of disposition.
AB795, s. 33 13Section 33. 343.30 (6) (d) of the statutes is amended to read:
AB795,17,1914 343.30 (6) (d) If the person subject to suspension or revocation under this
15subsection does not hold a valid license under this chapter other than a license under
16s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par.
17(b) shall commence on the date that such a license would otherwise be reinstated or
18issued after the person applies and qualifies for issuance or 2 years from the date of
19disposition, whichever occurs first.
AB795, s. 34 20Section 34. 343.30 (6) (e) of the statutes is repealed.
AB795, s. 35 21Section 35. 343.305 (10) (d) of the statutes is amended to read:
AB795,19,1122 343.305 (10) (d) The assessment report shall order compliance with a driver
23safety plan. The report shall inform the person of the fee provisions under s. 46.03
24(18) (f). The driver safety plan may include a component that makes the person
25aware of the effect of his or her offense on a victim and a victim's family. The driver

1safety plan may include treatment for the person's misuse, abuse or dependence on
2alcohol, controlled substances or controlled substance analogs, attendance at a
3school under s. 345.60, or both. If the plan requires inpatient treatment, the
4treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
5include a termination date consistent with the plan which shall not extend beyond
6one year. The county department under s. 51.42 shall assure notification of the
7department of transportation and the person of the person's compliance or
8noncompliance with assessment and treatment. The school under s. 345.60 shall
9notify the department, the county department under s. 51.42 and the person of the
10person's compliance or noncompliance with the requirements of the school.
11Nonpayment of the assessment fee or, if the person has the ability to pay,
12nonpayment of the driver safety plan fee is noncompliance with the court order. If
13the department is notified of noncompliance, other than for nonpayment of the
14assessment fee or driver safety plan fee
, it shall suspend revoke the person's
15operating privilege until the county department under s. 51.42 or the school under
16s. 345.60 notifies the department that the person is in compliance with assessment
17or the driver safety plan. If the department is notified that a person has not paid the
18assessment fee, or that a person with the ability to pay has not paid the driver safety
19plan fee, the department shall suspend the person's operating privilege for a period
20of 2 years or until it receives notice that the person has paid the fee, whichever occurs
21first.
The department shall notify the person of the suspension or revocation, the
22reason for the suspension or revocation and the person's right to a review. A person
23may request a review of a suspension revocation based upon failure to comply with
24a driver safety plan within 10 days of notification. The review shall be handled by
25the subunit of the department of transportation designated by the secretary. The

1issues at the review are limited to whether the driver safety plan, if challenged, is
2appropriate and whether the person is in compliance with the assessment order or
3the driver safety plan. The review shall be conducted within 10 days after a request
4is received. If the driver safety plan is determined to be inappropriate, the
5department shall order a reassessment and if the person is otherwise eligible, the
6department shall reinstate the person's operating privilege. If the person is
7determined to be in compliance with the assessment or driver safety plan, and if the
8person is otherwise eligible, the department shall reinstate the person's operating
9privilege. If there is no decision within the 10-day period, the department shall issue
10an order reinstating the person's operating privilege until the review is completed,
11unless the delay is at the request of the person seeking the review.
AB795, s. 36 12Section 36. 343.307 (1) (intro.) of the statutes is amended to read:
AB795,19,1513 343.307 (1) (intro.) The court shall count the following to determine the length
14of a revocation or suspension under s. 343.30 (1q) (b) and to determine the penalty
15under s. 346.65 (2):
AB795, s. 37 16Section 37. 343.31 (1) (b) of the statutes is amended to read:
AB795,19,2417 343.31 (1) (b) Upon the 2nd or any subsequent conviction for operation of a
18motor vehicle while under the influence of an intoxicant, controlled substance,
19controlled substance analog or a combination thereof, under the influence of any
20other drug to a degree which renders him or her incapable of safely driving, or under
21the combined influence of an intoxicant and any other drug to a degree which renders
22him or her incapable of safely driving, in accordance with the order of the court. This
23paragraph does not apply to a law of a federally recognized American Indian tribe
24or band in this state.
AB795, s. 38
1Section 38. 343.31 (1) (e) of the statutes is renumbered 343.31 (2r) and
2amended to read:
AB795,20,73 343.31 (2r) Perjury The department shall suspend a person's operating
4privilege upon receiving a record of conviction showing that the person has been
5convicted of perjury
or the making of a false affidavit or the making of a false
6statement or certification to the department under this chapter or any other law
7relating to the ownership or operation of motor vehicles.
AB795, s. 39 8Section 39. 343.31 (1) (h) of the statutes is repealed.
AB795, s. 40 9Section 40. 343.31 (1) (hm) of the statutes is created to read:
AB795,20,1510 343.31 (1) (hm) A violation of s. 343.44 (1) (a), (b) or (d), or a local ordinance in
11conformity therewith, if the person has been convicted of 3 or more prior violations
12of s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith within the
135-year period preceding the violation. Revocation under this paragraph shall be for
14a period of 6 months unless a lesser period of revocation is ordered under s. 343.30
15(1g) (b).
AB795, s. 41 16Section 41. 343.31 (1m) of the statutes is repealed.
AB795, s. 42 17Section 42. 343.31 (2) of the statutes is amended to read:
AB795,21,718 343.31 (2) The department shall revoke or suspend, respectively, the operating
19privilege of any resident upon receiving notice of the conviction of such person in
20another jurisdiction for an offense therein which, if committed in this state, would
21have been cause for revocation or suspension under this section or for revocation
22under s. 343.30 (1q). Such offenses shall include violation of any law of another
23jurisdiction that prohibits use of a motor vehicle while intoxicated or under the
24influence of a controlled substance or controlled substance analog, or a combination
25thereof, or with an excess or specified range of alcohol concentration, or under the

1influence of any drug to a degree that renders the person incapable of safely driving,
2as those or substantially similar terms are used in that jurisdiction's laws. Upon
3receiving similar notice with respect to a nonresident, the department shall revoke
4or suspend, respectively, the privilege of the nonresident to operate a motor vehicle
5in this state. Such suspension or revocation shall not apply to the operation of a
6commercial motor vehicle by a nonresident who holds a valid commercial driver
7license issued by another state.
AB795, s. 43 8Section 43. 343.31 (2m) of the statutes is amended to read:
AB795,21,209 343.31 (2m) The department may suspend or revoke, respectively, the
10operating privilege of any resident upon receiving notice of the conviction of that
11person of under a law of another jurisdiction or a federally recognized American
12Indian tribe or band in this state for an offense which, if the person had committed
13the offense in this state and been convicted of the offense under the laws of this state,
14would have permitted suspension or revocation of the person's operating privilege
15under s. 343.30 (1g). Upon receiving similar notice with respect to a nonresident, the
16department may suspend or revoke the privilege of the nonresident to operate a
17motor vehicle in this state. The suspension or revocation shall not apply to the
18operation of a commercial motor vehicle by a nonresident who holds a valid
19commercial driver license issued by another state. A suspension or revocation under
20this subsection shall be for any period not exceeding 6 months.
AB795, s. 44 21Section 44. 343.31 (2u) of the statutes is created to read:
AB795,21,2422 343.31 (2u) The department shall suspend the operating privilege of a person
23who has been issued an occupational license upon receiving a record of conviction
24showing that the person has been convicted of any of the following offenses.
AB795,22,2
1(a) Any offense that may be counted under s. 351.02 (1) (a), other than s. 351.02
2(1) (a) 5.
AB795,22,43 (b) Exceeding by 20 or more miles per hour any lawful or posted maximum
4speed limit.
AB795,22,55 (c) Participating in any race or speed or endurance contest.
AB795, s. 45 6Section 45. 343.31 (3) (b) of the statutes is amended to read:
AB795,22,137 343.31 (3) (b) If the suspension revocation results from a first conviction of
8operation of a motor vehicle while under the influence of an intoxicant, controlled
9substance, controlled substance analog or a combination thereof, under the influence
10of any other drug to a degree which renders him or her incapable of safely driving,
11or under the combined influence of an intoxicant and any other drug to a degree
12which renders him or her incapable of safely driving and the conviction occurs in
13another jurisdiction, the period of suspension revocation shall be 6 months.
AB795, s. 46 14Section 46. 343.31 (3) (bm) 1. of the statutes is amended to read:
AB795,22,2115 343.31 (3) (bm) 1. The department shall suspend or revoke the person's
16operating privilege under this paragraph according to the number of previous
17suspensions, revocations or convictions that would be counted under s. 343.307 (1).
18Suspensions, revocations and convictions arising out of the same incident shall be
19counted as one. If a person has a conviction, suspension or revocation for any offense
20that is counted under s. 343.307 (1), that conviction, suspension or revocation shall
21count as a prior conviction, suspension or revocation under this subdivision.
AB795, s. 47 22Section 47. 343.31 (3) (bm) 2. of the statutes is amended to read:
AB795,23,423 343.31 (3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first
24conviction, the department shall suspend revoke the person's operating privilege for
25not less than 6 months nor more than 9 months. If an Indian tribal court in this state

1suspends revokes the person's privilege to operate a motor vehicle on tribal lands for
2not less than 6 months nor more than 9 months for the conviction specified in par.
3(bm) (intro.), the department shall impose the same period of suspension revocation.
4The person is eligible for an occupational license under s. 343.10 at any time.
AB795, s. 48 5Section 48. 343.31 (3) (bm) 4m. of the statutes is amended to read:
AB795,23,106 343.31 (3) (bm) 4m. If the Indian tribal court that convicted the person
7determined that there was a minor passenger under 16 years of age in the motor
8vehicle at the time of the incident that gave rise to the conviction, the applicable
9minimum and maximum suspension or revocation periods under subd. 2., 3. or 4. for
10the conviction are doubled.
AB795, s. 49 11Section 49. 343.31 (3) (g) of the statutes is repealed.
AB795, s. 50 12Section 50. 343.31 (3) (h) of the statutes is repealed.
AB795, s. 51 13Section 51. 343.31 (4) of the statutes is repealed.
AB795, s. 52 14Section 52. 343.315 (1) (a) of the statutes is repealed.
AB795, s. 53 15Section 53. 343.315 (1) (b) of the statutes is renumbered 343.315 (1) and
16amended to read:
AB795,23,2217 343.315 (1) (title) General Employer responsibility. An employer may not
18allow, permit or authorize a driver who is disqualified to operate a commercial motor
19vehicle during a period of disqualification after March 31, 1992. An employer who
20knowingly violates this paragraph subsection shall be fined not more than $5,000 or
21imprisoned for not more than 90 days or both. An employer who negligently violates
22this paragraph subsection shall forfeit not more than $2,500.
AB795, s. 54 23Section 54. 343.32 (1) (b) of the statutes is renumbered 343.32 (1s) and
24amended to read:
AB795,24,6
1343.32 (1s) Such The secretary shall suspend the operating privilege of any
2person who has been convicted under state law or under a local ordinance which is
3in conformity therewith or under a law of a federally recognized American Indian
4tribe or band in this state which is in conformity with state law of altering the
5person's license, loaning the person's license to another or unlawfully or fraudulently
6using or permitting an unlawful or fraudulent use of a license.
AB795, s. 55 7Section 55. 343.32 (1) (d) of the statutes is repealed.
AB795, s. 56 8Section 56. 343.32 (1m) (b) (intro.), 2. and 3. of the statutes are amended to
9read:
AB795,24,1710 343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's
11operating privilege for not less than 6 months nor more than 5 years whenever notice
12has been received of the conviction of such person under federal law or the law of a
13federally recognized American Indian tribe or band in this state or the law of another
14jurisdiction for any offense therein which, if the person had committed the offense
15in this state and been convicted of the offense under the laws of this state, would have
16required suspension or revocation of such person's operating privilege under s.
17961.50. The person is eligible for an occupational license under s. 343.10 as follows:
AB795,24,1918 2. For a 2nd conviction within a 5-year period, after the first 60 days of the
19suspension or revocation period.
AB795,24,2120 3. For a 3rd or subsequent conviction within a 5-year period, after the first 90
21days of the suspension or revocation period.
AB795, s. 57 22Section 57. 343.32 (2) (a) of the statutes is amended to read:
AB795,25,1023 343.32 (2) (a) The secretary may suspend or revoke a person's operating
24privilege if the person appears by the records of the department to be a habitually
25reckless or negligent operator of a motor vehicle or to have repeatedly violated any

1of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws
2enacted by a federally recognized American Indian tribe or band in this state if the
3tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the
4offense occurred on a federal military installation located in this state, any federal
5law which is in strict conformity with a state traffic law. For the purpose of
6determining when to suspend or revoke an operating privilege under this subsection,
7the secretary may determine and adopt by rule a method of weighing traffic
8convictions by their seriousness and may, subject to the limitations in this
9subsection, change such weighted scale as experience or the accident frequency in
10the state makes necessary or desirable.
AB795, s. 58 11Section 58. 343.32 (2) (bg) of the statutes is amended to read:
AB795,25,1512 343.32 (2) (bg) The scale adopted by the secretary shall assign, for each
13conviction, 6 3 demerit points for operating a commercial motor vehicle while
14disqualified, revoked, suspended or out-of-service under s. 343.44 or a local
15ordinance in conformity therewith
.
AB795, s. 59 16Section 59. 343.32 (2) (c) of the statutes is amended to read:
AB795,25,1917 343.32 (2) (c) In order for the secretary to suspend or revoke an operating
18privilege under this subsection, the operator must have accumulated 12 demerit
19points in any 12-month period.
AB795, s. 60 20Section 60. 343.32 (2) (g) of the statutes is repealed.
AB795, s. 61 21Section 61. 343.32 (6) of the statutes is amended to read:
AB795,25,2522 343.32 (6) There shall be no minimum waiting period before issuance of an
23occupational license under s. 343.10 to a person whose operating privilege has been
24suspended or revoked under sub. (2) if the person is otherwise eligible for issuance
25of an occupational license.
AB795, s. 62
1Section 62. 343.38 (1) (c) of the statutes is renumbered 343.38 (1) (c) 1. and
2amended to read:
AB795,26,83 343.38 (1) (c) 1. Unless 3 years have elapsed since the expiration of the period
4of revocation
Except as provided in subd. 2., files and maintains with the department
5proof of financial responsibility in the amount, form and manner specified in ch. 344.
6Such proof of financial responsibility shall be maintained at all times during such
73-year period when the license is in effect.
This subdivision does not apply after 3
8years have elapsed since the expiration of the period of revocation.
AB795,26,9 92. No such proof under subd. 1. shall be required for a any of the following:
AB795,26,10 10a. A vehicle subject to the requirements of s. 121.53, 194.41 or 194.42 or a.
AB795,26,12 11b. A vehicle owned by or leased to the United States, this state or any county
12or municipality of this state.
AB795, s. 63 13Section 63. 343.38 (1) (c) 2. c. and d. of the statutes are created to read:
AB795,26,1514 343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s.
15343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.
AB795,26,2016 d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or
17(2) if, within the 5-year period preceding the violation, the person has not been
18convicted of a prior offense that may be counted under s. 343.307 (2) and if, within
19the 10-year preceding the violation, the person has not been convicted of 2 or more
20prior offenses that may be counted under s. 343.307 (2).
AB795, s. 64 21Section 64. 343.38 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
22is amended to read:
AB795,27,323 343.38 (2) Reinstatement of nonresident's operating privilege after
24revocation by Wisconsin.
A nonresident's operating privilege revoked pursuant to
25under the laws of this state is reinstated as a matter of law when the period of

1revocation has expired and such nonresident obtains a valid operator's license issued
2by the jurisdiction of the nonresident's residence and pays the fee specified in s.
3343.21 (1) (j)
.
AB795, s. 65 4Section 65. 343.38 (3) of the statutes is amended to read:
AB795,27,95 343.38 (3) Reinstatement after suspension. Except as provided in s. 343.10,
6the department shall not issue a license to a person whose operating privilege has
7been duly suspended while the suspension remains in effect. Upon the expiration
8of the period of suspension, the person's operating privilege is automatically
9reinstated as provided in s. 343.39.
AB795, s. 66 10Section 66. 343.39 (1) (a) of the statutes is amended to read:
AB795,27,1511 343.39 (1) (a) When, in the case of a suspended operating privilege, the period
12of suspension has terminated and, the reinstatement fee specified in s. 343.21 (1) (j)
13has been paid to the department and, for reinstatement of an operating privilege
14suspended under ch. 344, the person files with the department proof of financial
15responsibility, if required, in the amount, form and manner specified under ch. 344
.
AB795, s. 67 16Section 67. 343.44 (title) of the statutes is repealed and recreated to read:
AB795,27,18 17343.44 (title) Operating while suspended, revoked, ordered
18out-of-service or disqualified.
AB795, s. 68 19Section 68. 343.44 (1) of the statutes is repealed and recreated to read:
AB795,28,420 343.44 (1) Operating offenses. (a) Operating while suspended. No person
21whose operating privilege has been duly suspended under the laws of this state may
22operate a motor vehicle upon any highway in this state during the period of
23suspension or in violation of any restriction on an occupational license issued to the
24person during the period of suspension. A person's knowledge that his or her
25operating privilege is suspended is not an element of the offense under this

1paragraph. In this paragraph, "restriction on an occupational license" means
2restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
3purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
4sobriety or use of alcohol, controlled substances or controlled substance analogs.
AB795,28,125 (b) Operating while revoked. No person whose operating privilege has been
6duly revoked under the laws of this state may knowingly operate a motor vehicle
7upon any highway in this state during the period of revocation or in violation of any
8restriction on an occupational license issued to the person during the period of
9revocation. In this paragraph, "restriction on an occupational license" means
10restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
11purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
12sobriety or use of alcohol, controlled substances or controlled substance analogs.
AB795,28,1413 (c) Operating while ordered out-of-service. No person may operate a
14commercial motor vehicle while ordered out-of-service under state or federal law.
AB795,28,2115 (d) Operating while disqualified. No person may operate a commercial motor
16vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of
17another jurisdiction or Mexico that provides for disqualification of commercial
18drivers in a manner similar to 49 CFR 383.51, or under a determination by the
19federal highway administration under the federal rules of practice for motor carrier
20safety contained in 49 CFR 386 that the person is no longer qualified to operate a
21vehicle under 49 CFR 391.
AB795, s. 69 22Section 69. 343.44 (1g) of the statutes is created to read:
AB795,29,223 343.44 (1g) Reinstatement required. Notwithstanding any specified term of
24suspension, revocation, cancellation or disqualification, the period of any
25suspension, revocation, cancellation or disqualification of an operator's license

1issued under this chapter or of an operating privilege continues until the operator's
2license or operating privilege is reinstated.
AB795, s. 70 3Section 70. 343.44 (2) of the statutes is repealed and recreated to read:
AB795,29,54 343.44 (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required
5to forfeit not less than $50 nor more than $200.
AB795,29,106 (am) Any person who violates sub. (1) (b) before the first day of the 13th month
7beginning after publication .... [revisor inserts date], may be required to forfeit not
8more than $600, except that, if the person has been convicted of a previous violation
9described in sub. (1) (b) within the preceding 5-year period, the penalty under par.
10(b) shall apply.
AB795,29,1511 (b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or
12(d) shall be fined not more than $2,500 or imprisoned for not more than one year or
13both. In imposing a sentence under this paragraph, or a local ordinance in
14conformity with this paragraph, the court shall review the record and consider the
15following:
AB795,29,1716 1. The aggravating and mitigating circumstances in the matter, using the
17guidelines described in par. (d).
AB795,29,1818 2. The class of vehicle operated by the person.
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