SB470, s. 112
12Section
112. 344.18 (1) (d) of the statutes is amended to read:
SB470,40,2013
344.18
(1) (d) One year has elapsed since the effective date of the
suspension
14or revocation order and, during such period, no notice has been filed with the
15secretary by any claimant that an action was commenced by a party in interest. If
16the action was commenced in a court of record, the notice required by this paragraph
17shall include a certified copy of the summons and complaint or counterclaim or
18cross-complaint and proof of service filed therein. In all cases of service under s.
19345.09, an additional notice and service must be made under this chapter to avail
20oneself of the provisions of this chapter.
SB470, s. 113
21Section
113. 344.18 (1m) (a) of the statutes is amended to read:
SB470,41,622
344.18
(1m) (a) Unless 3 years have elapsed since the date that a requirement
23under sub. (1) (a), (b), (c) or (d) has been met, the person whose
registration was
24suspended or revoked under sub. (1) or whose operating privilege or registration was
25suspended
or revoked under s. 344.14
, 1989 stats., shall file with the department
and
1maintain in effect proof of financial responsibility in the amount, form and manner
2specified in this chapter.
The person shall maintain the proof of financial
3responsibility at all times for 3 years following reinstatement or renewal of the
4registration while the registration of any vehicle owned by the person is in effect or,
5for suspension of operating privilege, for 3 years following reinstatement or renewal
6of the license while the license is in effect.
SB470, s. 114
7Section
114. 344.18 (1m) (b) of the statutes is amended to read:
SB470,41,108
344.18
(1m) (b) This subsection applies as a condition precedent to
renewal or
9reinstatement of an operating privilege or registration suspended
or revoked under
10s. 344.14
, 1989 stats.
SB470, s. 115
11Section
115. 344.18 (3) (intro.) of the statutes is amended to read:
SB470,41,2412
344.18
(3) (intro.) If
there is any default a person defaults in the payment of
13any instalment under a duly acknowledged written agreement, the secretary, upon
14notice of such default given in no event later than 30 days after the time for final
15instalment, shall
forthwith revoke immediately suspend the registrations
and
16operating privilege of the defaulting person
, which
. A suspension or revocation
of
17registration under this subsection shall remain in effect until the
person pays the fee
18required under s. 341.36 (1m)
has been paid, the, meets the requirement under par.
19(a) or (b)
has been met and
satisfies the requirements of sub. (3m)
are satisfied, and
20shall forthwith revoke the operating privilege of the defaulting person, which. A
21suspension or revocation
of an operating privilege under this subsection shall remain
22in effect until the
person pays the fee required in s. 343.21 (1) (j)
has been paid, the,
23complies with the applicable provisions of s. 343.38
have been complied with and
one 24meets any of the following requirements
has been met:
SB470, s. 116
25Section
116. 344.18 (3) (b) of the statutes is amended to read:
SB470,42,4
1344.18
(3) (b) One year has elapsed since the effective date of the
suspension
2or revocation order and, during such period, no notice has been filed with the
3secretary by any claimant that an action was commenced by a party in interest. The
4notice required by this paragraph shall comply with sub. (1) (d).
SB470, s. 117
5Section
117. 344.18 (3m) (a) of the statutes is amended to read:
SB470,42,156
344.18
(3m) (a) Unless 3 years have elapsed since the date that a requirement
7under sub. (3) (a) or (b) has been met, the person whose
operating privilege or 8registration was suspended or revoked under sub. (3)
or whose operating privilege
9or registration was suspended under s. 344.18 (3), 1989 stats., shall file with the
10department
and maintain in effect proof of financial responsibility in the amount,
11form and manner specified in this chapter.
The person shall maintain the proof of
12financial responsibility at all times for 3 years following reinstatement or renewal
13of the registration while the registration of any vehicle owned by the person is in
14effect or, for suspension of operating privilege, for 3 years following reinstatement
15or renewal of the license while the license is in effect.
SB470, s. 118
16Section
118. 344.18 (3m) (b) of the statutes is amended to read:
SB470,42,1917
344.18
(3m) (b) This subsection applies as a condition precedent to
renewal or
18reinstatement of an operating privilege or registration suspended
or revoked under
19s. 344.18 (3), 1989 stats sub. (3).
SB470, s. 119
20Section
119. 344.18 (3r) of the statutes is amended to read:
SB470,42,2221
344.18
(3r) The secretary shall refuse registration of any vehicle owned by a
22person whose registration has been
suspended or revoked under sub. (3).
SB470, s. 120
23Section
120. 344.18 (4) of the statutes is amended to read:
SB470,43,3
1344.18
(4) The secretary shall not
revoke suspend, as required by sub. (3), if
2the defaulting person has made payments to the extent specified in s. 344.15 (1) with
3reference to the acceptable limits of a policy or bond.
SB470, s. 121
4Section
121. 344.19 (2) of the statutes is amended to read:
SB470,43,125
344.19
(2) If the operating privilege or registration of a nonresident is
revoked
6pursuant to suspended under s. 344.14, the secretary shall transmit a certified copy
7of the record of such action to the administrator of the division of motor vehicles or
8equivalent official of the state in which that person resides if the law of the state in
9which that person resides provides for similar action by the administrator or
10equivalent official of that state in the event that a resident of this state has a
11nonresident's operating privilege or registration in that state suspended or revoked
12for failure to comply with the safety responsibility law of that state.
SB470, s. 122
13Section
122. 344.19 (3) of the statutes is amended to read:
SB470,44,1014
344.19
(3) Upon receipt of such certification from another state to the effect
15that the operating privilege or registration of a resident of this state has been
16suspended or revoked in such other state
pursuant to
under a law providing for its
17suspension or revocation for failure to deposit security for payment of judgments
18arising out of a motor vehicle accident, under circumstances which would require the
19secretary to
revoke suspend a nonresident's operating privilege or registration had
20the accident occurred in this state, the secretary shall
revoke suspend the
license 21operating privilege of such resident if he or she was the operator and all of his or her
22registrations if he or she was the owner of a motor vehicle involved in such accident.
23The department may accept a certification which is in the form of a combined notice
24of required security and suspension
or revocation order, but shall not
revoke suspend 25a resident's operating privilege or registration on the basis of such order until at least
130 days have elapsed since the time for depositing security in the other state expired.
2A
suspension or revocation of operating privilege under this section shall continue
3until such resident furnishes evidence of his or her compliance with the law of the
4other state relating to the deposit of security,
pays the fee required under s. 343.21
5(1) (j)
has been paid and
complies with the applicable provisions of s. 343.38
have
6been complied with. A
suspension or revocation of registration under this section
7shall continue until such resident furnishes evidence of his or her compliance with
8the law of the other state relating to the deposit of security,
pays the fee required
9under s. 341.36 (1m)
has been paid and
satisfies the requirements of sub. (3m)
are
10satisfied.
SB470, s. 123
11Section
123. 344.19 (3g) of the statutes is amended to read:
SB470,44,1312
344.19
(3g) The secretary shall refuse registration of any vehicle owned by a
13person whose registration has been
suspended or revoked under sub. (3).
SB470, s. 124
14Section
124. 344.19 (3m) (a) of the statutes is amended to read:
SB470,44,2415
344.19
(3m) (a) Unless 3 years have elapsed since compliance of the resident
16with the law of the other state relating to the deposit of security, the resident whose
17operating privilege or registration was suspended or revoked under sub. (3)
or whose
18operating privilege or registration was suspended under s. 344.19 (3), 1989 stats., 19shall file with the department
and maintain in effect proof of financial responsibility
20in the amount, form and manner specified in this chapter.
The person shall maintain
21the proof of financial responsibility at all times for 3 years following reinstatement
22or renewal of the registration while the registration of any vehicle owned by the
23resident is in effect or, for suspension of operating privilege, for 3 years following
24reinstatement or renewal of the license while the license is in effect.
SB470, s. 125
25Section
125. 344.19 (3m) (b) of the statutes is amended to read:
SB470,45,3
1344.19
(3m) (b) This subsection applies as a condition precedent to
renewal or 2reinstatement of an operating privilege or registration suspended
or revoked under
3s. 344.19 (3), 1989 stats sub. (3).
SB470, s. 126
4Section
126. 344.24 of the statutes is amended to read:
SB470,45,15
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.
SB470, s. 127
16Section
127. 344.25 (intro.) of the statutes is amended to read:
SB470,45,22
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:
SB470, s. 128
23Section
128. 344.25 (1) of the statutes is amended to read:
SB470,46,324
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.
SB470, s. 129
4Section
129. 344.25 (3) of the statutes is amended to read:
SB470,46,75
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.
SB470, s. 130
8Section
130. 344.25 (5) of the statutes is amended to read:
SB470,46,169
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.
SB470, s. 131
17Section
131. 344.26 (title) of the statutes is amended to read:
SB470,46,19
18344.26 (title)
Revocation
Suspension to continue until judgment paid
19and proof of financial responsibility given.
SB470, s. 132
20Section
132. 344.26 (1) of the statutes is amended to read:
SB470,47,421
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.
SB470, s. 133
5Section
133. 344.27 (title) of the statutes is amended to read:
SB470,47,7
6344.27 (title)
Instalment payment of judgments; revocation suspension
7upon default.
SB470, s. 134
8Section
134. 344.27 (2) of the statutes is amended to read:
SB470,47,149
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.
SB470, s. 135
15Section
135. 344.27 (3) of the statutes is amended to read:
SB470,47,1916
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.
SB470, s. 136
20Section
136. 344.29 of the statutes is amended to read:
SB470,48,4
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.
SB470, s. 137
5Section
137. 344.40 (title) of the statutes is amended to read:
SB470,48,7
6344.40 (title)
Revocation or suspension for failure to maintain proof;
7other proof may be required.
SB470, s. 138
8Section
138. 344.40 (1) (a) of the statutes is amended to read:
SB470,48,169
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.
SB470, s. 139
17Section
139. 344.40 (1) (b) of the statutes is amended to read:
SB470,48,2418
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.
SB470, s. 140
25Section
140. 344.40 (2) (a) of the statutes is amended to read:
SB470,49,5
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.
SB470, s. 141
6Section
141. 344.40 (2) (b) of the statutes is amended to read:
SB470,49,117
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.
SB470, s. 142
12Section
142. 344.41 (3) (a) of the statutes is amended to read:
SB470,49,1713
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.
SB470, s. 143
18Section
143. 344.45 (title) of the statutes is amended to read:
SB470,49,20
19344.45 (title)
Surrender of license and registration upon revocation or
20suspension.
SB470, s. 144
21Section
144. 344.45 (1) of the statutes is amended to read:
SB470,50,322
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.
SB470, s. 145
4Section
145. 344.46 (1) of the statutes is amended to read:
SB470,50,105
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.
SB470, s. 146
11Section
146. 344.46 (3) of the statutes is amended to read:
SB470,50,1612
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.
SB470, s. 147
17Section
147. 344.55 (2) of the statutes is amended to read:
SB470,50,2518
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.
SB470,51,103
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.
SB470, s. 149
11Section
149. 351.02 (1) (a) 4. of the statutes is repealed.
SB470, s. 150
12Section
150. 351.02 (1) (a) 10. of the statutes is amended to read:
SB470,52,313
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.
SB470, s. 151
4Section
151. 351.09 of the statutes is created to read:
SB470,52,22
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.
SB470, s. 152
23Section
152. 351.11 of the statutes is amended to read:
SB470,53,5
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.
SB470, s. 153
6Section
153. 767.303 (1) and (2) of the statutes are amended to read:
SB470,53,177
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.
SB470,54,2
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.
SB470, s. 154
3Section
154. 800.09 (1) (c) of the statutes is amended to read:
SB470,54,124
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.
SB470, s. 155
13Section
155. 800.095 (4) (b) 4. of the statutes is amended to read:
SB470,54,1614
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.