February 17, 1998 - Introduced by Representatives R. Young, Otte, Riley, Hahn,
Bock, Green, Grothman, Hanson, Harsdorf, Kedzie, La Fave, F. Lasee, J.
Lehman, Notestein, Plouff, Powers, Staskunas, Ziegelbauer
and Baldwin,
cosponsored by Senators Huelsman, Risser, Darling, Grobschmidt,
Rosenzweig, Weeden
and Wineke. Referred to Committee on Highways and
Transportation.
AB795,3,2 1An Act to repeal 343.18 (3) (b), 343.30 (6) (e), 343.31 (1) (h), 343.31 (1m), 343.31
2(3) (g), 343.31 (3) (h), 343.31 (4), 343.315 (1) (a), 343.32 (1) (d), 343.32 (2) (g),
3343.44 (2g), 343.44 (2m), 344.08 (3) and 351.02 (1) (a) 4.; to renumber and
4amend
343.30 (1g), 343.31 (1) (e), 343.315 (1) (b), 343.32 (1) (b), 343.38 (1) (c)
5and 343.44 (4m); to amend 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c)
63., 125.07 (4) (c) 4., 341.63 (2) and (3), 343.06 (2), 343.085 (3), 343.085 (5), 343.10
7(1) (e), 343.16 (5) (a), 343.18 (3) (a), 343.23 (2) (b), 343.30 (1), 343.30 (1n), 343.30
8(1q) (b) 1., 343.30 (1q) (b) 2., 343.30 (1q) (b) 4m., 343.30 (1q) (c) 1. (intro.), 343.30
9(1q) (d), 343.30 (1z), 343.30 (2d), 343.30 (2m), 343.30 (3), 343.30 (6) (b) (intro.),
10343.30 (6) (b) 3., 343.30 (6) (c), 343.30 (6) (d), 343.305 (10) (d), 343.307 (1)
11(intro.), 343.31 (1) (b), 343.31 (2), 343.31 (2m), 343.31 (3) (b), 343.31 (3) (bm) 1.,
12343.31 (3) (bm) 2., 343.31 (3) (bm) 4m., 343.32 (1m) (b) (intro.), 2. and 3., 343.32
13(2) (a), 343.32 (2) (bg), 343.32 (2) (c), 343.32 (6), 343.38 (2), 343.38 (3), 343.39
14(1) (a), 343.44 (2p) (intro.), 343.44 (2r), 343.44 (2s), 344.02 (title), 344.02 (1),

1344.02 (3), 344.02 (4), 344.04 (title), 344.04 (1), 344.04 (2), 344.04 (3), 344.05 (1),
2344.08 (title), 344.08 (1), 344.08 (2), 344.09 (title), 344.09 (1), 344.09 (2), 344.12,
3344.13 (1), 344.13 (2), 344.13 (3), 344.14 (title), 344.14 (1), 344.14 (1g), 344.14
4(1m) (intro.), 344.14 (2) (e), 344.14 (2) (h), 344.18 (title), 344.18 (1) (intro.),
5344.18 (1) (a), 344.18 (1) (b), 344.18 (1) (c), 344.18 (1) (d), 344.18 (1m) (a), 344.18
6(1m) (b), 344.18 (3) (intro.), 344.18 (3) (b), 344.18 (3m) (a), 344.18 (3m) (b),
7344.18 (3r), 344.18 (4), 344.19 (2), 344.19 (3), 344.19 (3g), 344.19 (3m) (a), 344.19
8(3m) (b), 344.24, 344.25 (intro.), 344.25 (1), 344.25 (3), 344.25 (5), 344.26 (title),
9344.26 (1), 344.27 (title), 344.27 (2), 344.27 (3), 344.29, 344.40 (title), 344.40 (1)
10(a), 344.40 (1) (b), 344.40 (2) (a), 344.40 (2) (b), 344.41 (3) (a), 344.45 (title),
11344.45 (1), 344.46 (1), 344.46 (3), 344.55 (2), 345.47 (1) (b), 351.02 (1) (a) 10.,
12351.11, 767.303 (1) and (2), 800.09 (1) (c), 800.095 (4) (b) 4., 938.34 (8), 938.34
13(14m), 938.34 (14r) (a) and (c), 938.343 (2), 938.344 (2) (c), 938.344 (2b) (c),
14938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.344 (2e) (b), 938.344 (2e) (c) and
15961.50 (1) (intro.); to repeal and recreate 343.10 (8), 343.44 (title), 343.44 (1)
16and 343.44 (2); and to create 13.0965, 343.10 (2) (dm), 343.30 (2g), 343.31 (1)
17(hm), 343.31 (2u), 343.38 (1) (c) 2. c. and d., 343.44 (1g), 343.44 (3) (title), 343.44
18(4) (title), 343.44 (4r) (title), 343.44 (5) (title) and 351.09 of the statutes;
19relating to: operating a motor vehicle with a suspended or revoked operating
20privilege, habitual traffic offenders, penalties involving sanctions against an

1operating privilege or operator's license, the revocation of operating privileges
2and vehicle registrations for failure to deposit security and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill contains the recommendations of the governor's 1995 task force on
operating a motor vehicle with an operating privilege that is suspended or revoked
(OWS/OAR).
Under current law, operating privileges are suspended or revoked as a sanction
for a variety of offenses, some of which are unrelated to driving and motor vehicles.
The key distinction between suspension and revocation as a sanction is that a person
must provide and maintain proof of liability insurance in order to reinstate a revoked
operating privilege, while no such proof of insurance is required to reinstate a
suspended operating privilege. Both sanctions effectively prohibit a person from
operating a motor vehicle. A person who operates while suspended (OWS) or
operates after revocation (OAR) commits either a crime or a civil infraction,
depending upon the underlying offense that led to the suspension or revocation.
Because of the uncertainty of whether OWS or OAR is a crime or a civil infraction,
a traffic officer who stops a person suspected of OWS or OAR must determine the
underlying offense that led to the suspension or revocation before deciding whether
to arrest the person for a crime, or write a ticket for a civil infraction. This
determination must be repeated by the prosecutor deciding which charges to bring,
by the defendant in assessing the propriety of the charges, and by the court in
imposing a penalty.
This bill makes 2 general changes to the OWS and OAR laws. First, it makes
OWS a civil infraction (punishable only by a forfeiture) and OAR a crime (punishable
only by a fine or imprisonment), regardless of the underlying offense that led to the
suspension or revocation. Second, the bill reorganizes the sanctions of suspension
and revocation so that an operating privilege may generally be revoked only for
serious driving-related offenses, such as operating while intoxicated, hit-and-run
and eluding a traffic officer. An operating privilege may be suspended for any other
offense.
To effect this reorganization, the bill eliminates revocation (but allows or
requires suspension) for the following offenses: juvenile alcohol and drug violations;
violations of law by a juvenile delinquent using a motor vehicle; illegal drug use or
possession; exceeding the permissible number of demerit points assessed for traffic
violations; any violation of traffic law (other than specified offenses), regardless of
demerit point accumulation; sexual assault, child sexual assault and child
enticement; violating a license restriction; serious traffic violation by a person
holding an occupational license; perjury; making a false affidavit, statement or
certification to DOT; unlawful use, duplication or alteration of an operator's license;
and excessive demerit point accumulation. The bill also eliminates suspension (but
allows or requires revocation) for noncompliance, other than for a failure to pay a fee,

with a court-ordered assessment of the person's use of intoxicants or with a driver
safety plan.
The bill also does the following:
1. Treats the operation of a commercial motor vehicle while disqualified or
ordered out-of-service similar to an OAR violation. Federal law requires that
operating a commercial motor vehicle while disqualified be punished at least as
stringently as OAR.
2. Revokes an operating privilege for any conviction of operating while under
the influence of an intoxicant or other drug (OWI). Currently, revocation is required
only for 2nd or subsequent OWI convictions.
3. Requires that any bill that proposes to revoke an operating privilege be
evaluated for consistency with a policy of revoking only for dangerous
driving-related offenses before the bill is acted upon.
4. Weights OWS and OAR as minor traffic offenses, rather than as major traffic
offenses, for purposes of determining whether a violator is a habitual traffic offender
(HTO). The bill allows persons currently classified as HTO because of an OWS or
OAR conviction to apply to the department of transportation (DOT) for recalculation
of the person's HTO classification and allows the person to reinstate his or her
operating privilege if appropriate. The bill also reduces from 6 to 3 the number of
demerit points assigned for a conviction of OWS or OAR.
5. Eliminates the escalating penalty structure for 2nd and subsequent OAR
convictions. Under the bill, all OAR offenses are punishable by a fine of up to $2,500
and a term of imprisonment of up to one year. The bill requires each judicial
administrative district to adopt guidelines for any aggravating and mitigating
factors to be considered when sentencing for OAR. However, the bill requires
revocation of an operating privilege for 6 months for a person's 4th or subsequent
conviction of OWS or OAR in a 5-year period. A court may revoke the operating
privilege for a shorter period only if the court states the reason for the reduction on
the record.
6. Reduces from 5 to 2 years the maximum period of suspension for failure to
pay any of the following: a fine or forfeiture and related assessments; restitution;
driver improvement surcharge; and court-ordered family support. The bill also
reduces from 5 to 2 years the maximum period of suspension for failing to comply
with a community service work order.
7. Makes OWS a strict liability offense. Under the bill, it need not be proven
that a person knew that his or her operating privilege was suspended when
prosecuting a violation of OWS.
8. Provides that a violation of a restriction unique to an occupational license
(a license issued to allow a person whose operating privilege is suspended or revoked
to drive to and from work) shall be prosecuted as OWS or OAR.
9. Makes a person who fails to comply with driver safety plan for treatment of
substance abuse for OWI offense causing injury ineligible for an occupational
license.
The bill also undoes 1991 Wisconsin Act 269. Under current law, any person
involved in a motor vehicle accident that results in injury, death or property damage

of $1,000 or more must file proof of financial responsibility (proof of the person's
ability to respond in damages for liability arising from his or her use of a motor
vehicle) or make a deposit of security for the accident with DOT. With certain
exceptions, a person who fails to provide proof of financial responsibility or a deposit
of security after an accident may have his or her motor vehicle operating privilege
or vehicle registration revoked. Any such revocation continues until the person
provides a deposit of security or otherwise clears his or her liability or one year
elapses without a legal action being commenced as a result of the accident, whichever
happens earlier.
Also with certain exceptions, a person who does any of the following may have
his or her operating privilege revoked:
1. Fails to report an accident resulting in more than $1,000 in damages to a
vehicle or to give DOT correct information in connection with such report.
2. Fails to pay a judgment in excess of $500, or make satisfactory arrangements
for such payment, for damages arising out of a motor vehicle accident within 30 days
after the judgment becomes final.
3. Defaults in any instalment payment under a written agreement to pay a
judgment against that person in instalments.
4. Fails to maintain proof of financial responsibility at any time during a period
when proof of financial responsibility is required.
This bill substitutes suspension for revocation of an operating privilege or
vehicle registration for such offenses. This bill does not change the duration,
reinstatement requirements and other conditions of suspension from the provisions
that currently apply to revocations, except that current law requires a person to
provide proof of financial responsibility for 3 years after a period of revocation and
requires no such proof after a period of suspension.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB795, s. 1 1Section 1. 13.0965 of the statutes is created to read:
AB795,6,10 213.0965 Review of bills proposing revocation of an operating privilege.
3If any bill that is introduced in either house of the legislature proposes to revoke a
4person's operating privilege upon conviction of that person for any offense, the
5department of transportation shall, within 4 weeks after the bill is introduced,
6prepare a report that states whether the bill is consistent with a policy of revoking
7an operating privilege only for traffic violations that are likely to result in death,

1personal injury or serious property damage. The report shall be printed as an
2appendix to the bill and shall be distributed in the same manner as amendments.
3The report shall be distributed before any vote is taken on the bill by either house
4of the legislature if the bill is not referred to a standing committee, or before any
5public hearing is held before any standing committee or, if no public hearing is held,
6before any vote is taken by the committee. A bill that requires a report by the
7department of transportation under this section shall have that requirement noted
8on its jacket when the jacket is prepared. When a bill that requires a report under
9this section is introduced, the legislative reference bureau shall submit a copy of the
10bill to the department of transportation.
AB795, s. 2 11Section 2. 125.07 (4) (bs) 3. of the statutes is amended to read:
AB795,6,1612 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous
13violations, either a forfeiture of not less than $500 nor more than $750, revocation
14suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation
15in a supervised work program or other community service work under par. (cg) or any
16combination of these penalties.
AB795, s. 3 17Section 3. 125.07 (4) (bs) 4. of the statutes is amended to read:
AB795,6,2218 125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more
19previous violations, either a forfeiture of not less than $750 nor more than $1,000,
20revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3.,
21participation in a supervised work program or other community service work under
22par. (cg) or any combination of these penalties.
AB795, s. 4 23Section 4. 125.07 (4) (c) 3. of the statutes is amended to read:
AB795,7,324 125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous
25violations, either a forfeiture of not less than $300 nor more than $500, revocation

1suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation
2in a supervised work program or other community service work under par. (cg) or any
3combination of these penalties.
AB795, s. 5 4Section 5. 125.07 (4) (c) 4. of the statutes is amended to read:
AB795,7,95 125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more
6previous violations, either a forfeiture of not less than $500 nor more than $1,000,
7revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3.,
8participation in a supervised work program or other community service work under
9par. (cg) or any combination of these penalties.
AB795, s. 6 10Section 6. 341.63 (2) and (3) of the statutes are amended to read:
AB795,7,1311 341.63 (2) Any registration suspended pursuant to under this section or ch. 344
12continues to be suspended until reinstated by the department. The department shall
13reinstate the registration when the reason for the suspension has been removed.
AB795,7,18 14(3) Whenever the registration of a vehicle is suspended under this section or
15ch. 344
, the department may order the owner or person in possession of the
16registration plates to return them to the department. Any person who fails to return
17the plates when ordered to do so by the department may be required to forfeit not
18more than $200.
AB795, s. 7 19Section 7. 343.06 (2) of the statutes is amended to read:
AB795,8,220 343.06 (2) The department shall not issue a commercial driver license,
21including a renewal, occupational or reinstated license, to any person during any
22period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another
23jurisdiction in substantial conformity therewith, as the result of one or more
24disqualifying offenses committed on or after July 1, 1987. Any person who is known
25to the department to be subject to disqualification under s. 343.315 (1) (a) as

1described in s. 343.44 (1) (d)
shall be disqualified by the department, unless the
2required period of disqualification has already expired.
AB795, s. 8 3Section 8. 343.085 (3) of the statutes is amended to read:
AB795,8,94 343.085 (3) The secretary may suspend a person's operating privilege under
5this section when such person has been assigned sufficient demerit points after
6conviction for traffic violations to require suspension under the rule adopted under
7sub. (5) and either holds a license issued under this section or by age comes under
8this section. The secretary may revoke such a person's operating privilege under this
9section if such person has a previous suspension under this section.
AB795, s. 9 10Section 9. 343.085 (5) of the statutes is amended to read:
AB795,8,1611 343.085 (5) For the purpose of determining when to suspend or to continue a
12person on probationary status, the secretary may determine and adopt by rule a
13method of weighing traffic convictions by their seriousness and may change such
14weighted scale from time to time as experience or the accident frequency in the state
15makes necessary or desirable. Such scale may be weighted differently for this
16licensee than the scale used to determine revocations suspensions under s. 343.32.
AB795, s. 10 17Section 10. 343.10 (1) (e) of the statutes is amended to read:
AB795,8,2218 343.10 (1) (e) If the applicant's commercial driver license has been suspended
19or revoked under s. 343.32 (2), an application seeking issuance of an occupational
20license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be
21filed with the department. The application may also seek authorization to operate
22"Class D" or "Class M" vehicles.
AB795, s. 11 23Section 11. 343.10 (2) (dm) of the statutes is created to read:
AB795,8,2524 343.10 (2) (dm) A person whose operating privilege is suspended or revoked
25under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for an occupational license.
AB795, s. 12
1Section 12. 343.10 (8) of the statutes is repealed and recreated to read:
AB795,9,52 343.10 (8) Violation of restrictions. Any person who violates a restriction on
3an occupational license as to hours of the day, area, routes or purpose of travel,
4vehicles allowed to be operated, use of an ignition interlock device, sobriety or use
5of alcohol, controlled substances or controlled substance analogs shall be:
AB795,9,76 (a) Prosecuted under s. 343.44 (1) (a) if the occupational license was issued
7while the person's operating privilege was suspended.
AB795,9,98 (b) Prosecuted under s. 343.44 (1) (b) if the occupational license was issued
9while the person's operating privilege was revoked.
AB795, s. 13 10Section 13. 343.16 (5) (a) of the statutes is amended to read:
AB795,9,2511 343.16 (5) (a) The secretary may require any applicant for a license or any
12licensed operator to submit to a special examination by such persons or agencies as
13the secretary may direct to determine incompetency, physical or mental disability,
14disease or any other condition which might prevent such applicant or licensed person
15from exercising reasonable and ordinary control over a motor vehicle. When the
16department requires the applicant to submit to an examination, the applicant shall
17pay the cost thereof. If the department receives an application for a renewal or
18duplicate license after voluntary surrender under s. 343.265 or receives a report from
19a physician or optometrist under s. 146.82 (3), or if the department has a report of
202 or more arrests within a one-year period for any combination of violations of s.
21346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally
22recognized American Indian tribe or band in this state in conformity with s. 346.63
23(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
24where the offense involved the use of a vehicle, the department shall determine, by
25interview or otherwise, whether the operator should submit to an examination under

1this section. The examination may consist of an assessment. If the examination
2indicates that education or treatment for a disability, disease or condition concerning
3the use of alcohol, a controlled substance or a controlled substance analog is
4appropriate, the department may order a driver safety plan in accordance with s.
5343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the
6department shall suspend revoke the person's operating privilege in the manner
7specified in s. 343.30 (1q) (d).
AB795, s. 14 8Section 14. 343.18 (3) (a) of the statutes is amended to read:
AB795,10,109 343.18 (3) (a) Except as provided in pars. (b) and par. (c), any person who
10violates sub. (1) shall forfeit not more than $200.
AB795, s. 15 11Section 15. 343.18 (3) (b) of the statutes is repealed.
AB795, s. 16 12Section 16. 343.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
13184
, is amended to read:
AB795,11,514 343.23 (2) (b) The information specified in par. (a) must be filed by the
15department so that the complete operator's record is available for the use of the
16secretary in determining whether operating privileges of such person shall be
17suspended, revoked, canceled or withheld in the interest of public safety. The record
18of suspensions, revocations and convictions that would be counted under s. 343.307
19(2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be
20maintained for at least 10 years. The record of convictions for disqualifying offenses
21under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of
22convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
23maintained permanently, except that 5 years after a licensee transfers residency to
24another state such record may be transferred to another state of licensure of the
25licensee if that state accepts responsibility for maintaining a permanent record of

1convictions for disqualifying offenses. Such reports and records may be cumulative
2beyond the period for which a license is granted, but the secretary, in exercising the
3power of suspension or revocation granted under s. 343.32 (2) may consider only
4those reports and records entered during the 4-year period immediately preceding
5the exercise of such power of suspension or revocation.
AB795, s. 17 6Section 17. 343.30 (1) of the statutes is amended to read:
AB795,11,157 343.30 (1) A court may suspend or revoke a person's operating privilege for any
8period not exceeding one year upon such person's conviction in such court of violating
9any of the state traffic laws or any local ordinance enacted under ch. 349. In
10exercising the authority to suspend or revoke an operating privilege, the court may
11suspend such privilege only when the operator's operating privilege has not been
12suspended or revoked previously, except under s. 344.14 (1), or when the operator's
13present demerit point accumulation is not more than 25% above the demerit point
14accumulation set for suspension or revocation. In all other cases under this section,
15the court shall revoke the operating privilege of such operator.
AB795, s. 18 16Section 18. 343.30 (1g) of the statutes is renumbered 343.30 (1g) (a) and
17amended to read:
AB795,11,2218 343.30 (1g) (a) A Except as provided in par. (b), a court may revoke suspend
19a person's operating privilege for any period not exceeding 6 months upon the
20person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in
21conformity therewith by operating a motor vehicle while operating privileges are
22suspended or revoked
.
AB795,12,8 23(b) A court shall revoke a person's operating privilege upon the person's
24conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity
25therewith by operating a motor vehicle while operating privileges are suspended or

1revoked if the suspension or revocation was for improperly refusing to take a test
2under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity
3therewith, or violating s. 346.63 (2) or (6), 940.09 (1) or 940.25
if the person has been
4convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or a local ordinance
5in conformity therewith, within the 5-year period preceding the violation
. The
6revocation shall be for any a period not exceeding of 6 months, unless the court orders
7a period of revocation of less than 6 months and places its reasons for ordering the
8lesser period of revocation on the record
.
AB795, s. 19 9Section 19. 343.30 (1n) of the statutes is amended to read:
AB795,12,2010 343.30 (1n) A court shall suspend the operating privilege of a person for a
11period of 15 days upon the person's conviction by the court of exceeding the applicable
12speed limit as established by s. 346.57 (4) (gm) or (h), by 25 or more miles per hour.
13If the conviction makes the person subject to revocation under s. 343.32 or
14suspension or revocation under s. 343.085 or 343.32, the court shall immediately
15suspend the license, taking possession of the license and shall forward it to order the
16suspension of the person's operating privilege and notify
the department which
17secretary of the order. Upon receiving the notice, the secretary shall proceed to act
18as authorized under s. 343.32 or 343.085, but any revocation or. Any suspension by
19the secretary
under this subsection shall date from the day the court took possession
20secretary acts on the order of suspension of the license operating privilege.
AB795, s. 20 21Section 20. 343.30 (1q) (b) 1. of the statutes is amended to read:
AB795,13,322 343.30 (1q) (b) 1. The court shall suspend or revoke the person's operating
23privilege under this paragraph according to the number of previous suspensions,
24revocations or convictions that would be counted under s. 343.307 (1). Suspensions,
25revocations and convictions arising out of the same incident shall be counted as one.

1If a person has a conviction, suspension or revocation for any offense that is counted
2under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior
3conviction, suspension or revocation under this subdivision.
AB795, s. 21 4Section 21. 343.30 (1q) (b) 2. of the statutes is amended to read:
AB795,13,85 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
6conviction, the court shall suspend revoke the person's operating privilege for not
7less than 6 months nor more than 9 months. The person is eligible for an
8occupational license under s. 343.10 at any time.
AB795, s. 22 9Section 22. 343.30 (1q) (b) 4m. of the statutes is amended to read:
AB795,13,1410 343.30 (1q) (b) 4m. If there was a minor passenger under 16 years of age in the
11motor vehicle at the time of the violation that gave rise to the conviction under s.
12346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the applicable
13minimum and maximum suspension or revocation periods under subd. 2., 3. or 4. for
14the conviction are doubled.
AB795, s. 23 15Section 23. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB795,13,2416 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
17order the person to submit to and comply with an assessment by an approved public
18treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
19alcohol, controlled substances or controlled substance analogs and development of
20a driver safety plan for the person. The court shall notify the department of
21transportation of the assessment order. The court shall notify the person that
22noncompliance with assessment or the driver safety plan will result in license
23suspension
revocation of the person's operating privilege until the person is in
24compliance. The assessment order shall:
AB795, s. 24 25Section 24. 343.30 (1q) (d) of the statutes is amended to read:
AB795,15,15
1343.30 (1q) (d) The assessment report shall order compliance with a driver
2safety plan. The report shall inform the person of the fee provisions under s. 46.03
3(18) (f). The driver safety plan may include a component that makes the person
4aware of the effect of his or her offense on a victim and a victim's family. The driver
5safety plan may include treatment for the person's misuse, abuse or dependence on
6alcohol, controlled substances or controlled substance analogs, or attendance at a
7school under s. 345.60, or both. If the plan requires inpatient treatment, the
8treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
9include a termination date consistent with the plan which shall not extend beyond
10one year. The county department under s. 51.42 shall assure notification of the
11department of transportation and the person of the person's compliance or
12noncompliance with assessment and with treatment. The school under s. 345.60
13shall notify the department, the county department under s. 51.42 and the person
14of the person's compliance or noncompliance with the requirements of the school.
15Nonpayment of the assessment fee or, if the person has the ability to pay,
16nonpayment of the driver safety plan fee is noncompliance with the court order. If
17the department is notified of any noncompliance, other than for nonpayment of the
18assessment fee or driver safety plan fee,
it shall suspend revoke the person's
19operating privilege until the county department under s. 51.42 or the school under
20s. 345.60 notifies the department that the person is in compliance with assessment
21or the driver safety plan. If the department is notified that a person has not paid the
22assessment fee, or that a person with the ability to pay has not paid the driver safety
23plan fee, the department shall suspend the person's operating privilege for a period
24of 2 years or until it receives notice that the person has paid the fee, whichever occurs
25first.
The department shall notify the person of the suspension or revocation, the

1reason for the suspension or revocation and the person's right to a review. A person
2may request a review of a suspension revocation based upon failure to comply with
3a driver safety plan within 10 days of notification. The review shall be handled by
4the subunit of the department of transportation designated by the secretary. The
5issues at the review are limited to whether the driver safety plan, if challenged, is
6appropriate and whether the person is in compliance with the assessment order or
7the driver safety plan. The review shall be conducted within 10 days after a request
8is received. If the driver safety plan is determined to be inappropriate, the
9department shall order a reassessment and if the person is otherwise eligible, the
10department shall reinstate the person's operating privilege. If the person is
11determined to be in compliance with the assessment or driver safety plan, and if the
12person is otherwise eligible, the department shall reinstate the person's operating
13privilege. If there is no decision within the 10-day period, the department shall issue
14an order reinstating the person's operating privilege until the review is completed,
15unless the delay is at the request of the person seeking the review.
AB795, s. 25 16Section 25. 343.30 (1z) of the statutes is amended to read:
AB795,15,2217 343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655
18and the person fails to pay the surcharge within 60 days after the date by which the
19court ordered the surcharge to be paid, the court may suspend the person's operating
20privilege until the person pays the surcharge, except that the suspension period may
21not exceed 5 2 years. Any period of suspension under this subsection is subject to sub.
22(1q) (h).
AB795, s. 26 23Section 26. 343.30 (2d) of the statutes is amended to read:
AB795,16,824 343.30 (2d) A court may suspend or revoke a person's operating privilege upon
25conviction of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07, if

1the court finds that it is inimical to the public safety and welfare for the offender to
2have operating privileges. The suspension or revocation shall be for one year or until
3discharge from prison or jail sentence or probation or parole with respect to the
4offenses specified, whichever date is later. Receipt of a certificate of discharge from
5the department of corrections or other responsible supervising agency, after one year
6has elapsed since the suspension or revocation, entitles the holder to reinstatement
7of operating privileges. The holder may be required to present the certificate to the
8secretary if the secretary deems necessary.
AB795, s. 27 9Section 27. 343.30 (2g) of the statutes is created to read:
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