Amendment ASA2-AB52

AB52-ASA2,6,6 2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address.

AB52-ASA2,6,8 (c) A period of restriction under this subsection does not run while a person's operating privilege is suspended or revoked.

AB52-ASA2,6,10 (d) The restrictions under this subsection apply until the period of restriction expires or until the licensee reaches 18 years of age, whichever occurs first.

AB52-ASA2,6,14 (e) Nothing in this subsection may be construed to create a separate cause of action against the parent or guardian of a probationary licensee under this subsection or against the owner of any vehicle operated by a probationary licensee under this section.

AB52-ASA2, s. 9 Section 9. 343.085 (3) of the statutes is amended to read:

AB52-ASA2,6,25 343.085 (3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of the subsection .... [revisor inserts date].

AB52-ASA2, s. 10 Section 10. 343.085 (5) of the statutes is amended to read:

AB52-ASA2,7,11 343.085 (5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations under s. 343.32. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of the subsection .... [revisor inserts date].

AB52-ASA2, s. 11 Section 11. 343.21 (1) (i) of the statutes is amended to read:

AB52-ASA2,7,14 343.21 (1) (i) Except as provided in par. (im) or (ir), for an instruction permit, $20.

AB52-ASA2, s. 12 Section 12. 343.21 (1) (ir) of the statutes is created to read:

AB52-ASA2,7,17 343.21 (1) (ir) For an instruction permit authorizing the operation of "Class D" vehicles, $25.

AB52-ASA2, s. 13 Section 13. 343.32 (2) (bc) of the statutes is created to read:

AB52-ASA2,7,21 343.32 (2) (bc) The scale adopted by the secretary shall assess to the following person, for each conviction, twice the number of demerit points that are assessed for the same offense to a person who holds a regular license:

AB52-ASA2,7,22 1. A person who holds a probationary license.

AB52-ASA2,7,23 2. An unlicensed person who would hold a probationary license if licensed.

AB52-ASA2,7,24 3. A person who holds an instruction permit under s. 343.07.

AB52-ASA2, s. 14 Section 14 . 343.32 (2) (c) of the statutes is renumbered 343.32 (2) (c) 1. and amended to read:

AB52-ASA2,8,5 343.32 (2) (c) 1. In Except as provided in subd. 2., in order for the secretary to suspend or revoke an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.

AB52-ASA2, s. 15 Section 15. 343.32 (2) (c) 2. of the statutes is created to read:

AB52-ASA2,8,10 343.32 (2) (c) 2. The secretary shall suspend, for a period of 6 months, the operating privilege of any person who holds a probationary license issued on or after the effective date of this subdivision .... [revisor inserts date], and who has accumulated 12 demerit points in any 12-month period.

AB52-ASA2, s. 16 Section 16. 347.48 (2m) (gm) of the statutes is amended to read:

AB52-ASA2,8,22 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department, unless the person operating the vehicle reasonably appears to be under 18 years of age. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.

AB52-ASA2, s. 17 Section 17 . Nonstatutory provisions.

AB52-ASA2,9,9 (1) Offenses requiring an extension of a probationary licensee's restriction period. Not later than the first day of the 4th month beginning after the effective date of this subsection, the secretary of transportation shall submit in proposed form rules required under section 343.085 (2m) (b) 1. a. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes. The rules may not propose to extend a period of restriction under section 343.085 (2m) (b) of the statutes, as created by this act, for a violation of section 343.05 (1) or (3), 343.12 (1), 346.595 (1) or (6), 347.20, 347.28, 347.29 (1), 347.38 (1), (2) or (4), 347.40, 347.42, 347.46, 347.47, 347.485 (2), 347.486 (2), 347.487 or 347.488 of the statutes, nor for operating a motor vehicle with an operating privilege that is suspended or revoked or with an operator's license that is expired.

AB52-ASA2, s. 18 Section 18 . Initial applicability.

AB52-ASA2,9,15 (1) Instructional permits and probationary licenses. (a) The treatment of sections 343.085 (2m) and 343.32 (2) (bc) of the statutes, the renumbering and amendment of section 343.085 (1) and 343.32 (2) (c) of the statutes and the creation of sections 343.085 (1) (b) and 343.32 (2) (c) 2. of the statutes first apply to licenses and permits applied for on the effective date of this paragraph.

AB52-ASA2,9,18 (b) The treatment of sections 343.06 (1) (cm), 343.07 (1) (a), (b) and (c) and (3) and 343.21 (1) (i) and (ir) of the statutes first applies to licenses and permits applied for on the effective date of this paragraph.

AB52-ASA2,9,20 (2) Safety belts. The treatment of section 347.48 (2m) (gm) of the statutes first applies to vehicles stopped or inspected on the effective date of this subsection.

AB52-ASA2,9,23 (3) Demerit points assessed to probationary licenses. The treatment of section 343.32 (2) (bc) of the statutes first applies to persons holding probationary licenses first issued after the effective date of this subsection.

AB52-ASA2, s. 19 Section 19. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

AB52-ASA2,10,1 (1) Section 17 (1 ) of this act takes effect on the day after publication.

AB52-ASA2,10,6 (2) The treatment of sections 343.085 (2m), (3) and (5) and 343.32 (2) (bc) of the statutes, the renumbering and amendment of sections 343.085 (1) and 343.32 (2) (c) of the statutes, the creation of sections 343.085 (1) (b) and 343.32 (2) and (c) 2. of the statutes and Section 18 (1) (a ) of this act take effect on the first day of the 10th month beginning after publication, or on July 1, 2000, whichever is later.

AB52-ASA2,10,7 (End)