194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.
(End)
LRB-0006LRB-0006/1
BAB:kjf&wlj:sh
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0037 - Registration plate reissuance
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: registration plate reissuance.
Analysis by the Legislative Reference Bureau
transportation
Drivers and motor vehicles
Current law requires DOT to establish new designs for most vehicle registration plates every ten years and to issue the new plates on a rolling basis as vehicle registrations are renewed by the vehicle owners.
This bill eliminates the requirements that DOT establish new designs for registration plates and reissue registration plates on an established schedule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 341.135 of the statutes is repealed.
(End)
LRB-0011LRB-0011/6
ARG:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0188 - Implementing national Driver License Agreement
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: driver licensing changes to implement the national Driver License Agreement, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
transportation
Drivers and motor vehicles
This bill requires the state, through DOT, to enter into the national Driver License Agreement (DLA) that establishes standards for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process. The DLA is developed, facilitated, and promoted by the American Association of Motor Vehicle Administrators. The general purpose statement of the DLA espouses the national interest that all states participate in a reciprocal program of cooperation to promote highway safety, to provide for the fair and impartial treatment of drivers operating within their respective borders, and to implement minimum identification and security standards for operator's licenses and identification cards. The DLA identifies its core principles as including the following: cooperation among all states to promote compliance with traffic citations in all states; reciprocal recognition of operator's licenses and offenses among states; recognition by all states of one operator's license and one driver control record for each driver; utilization of identity verification processes in issuing operator's licenses and identification cards; consistent treatment of traffic offenses and other offenses among states for purposes of driver control records and penalties; and uniformity among states concerning the exchange of operator's license, identification card, conviction, and other records and data.
The DLA requires all participating states to recognize certain kinds of violations relating mostly to operating motor vehicles and the administrative actions taken in response to those violations, such as suspension or revocation of a person's operating privilege by the appropriate state agency (DLA Code violations). Under the DLA, when a person who is licensed in one state that is a party to the DLA commits a DLA Code violation in another party state, the licensing state takes any administrative action in response to the violation, based on information provided by the state in which the violation occurred. Any administrative action by a party state is recognized by all other party states. The DLA also generally provides that records concerning a licensed driver are maintained only by the licensing state.
This bill requires DOT to promulgate rules that identify the violations and administrative actions under this state's laws that the DLA requires to be recognized as DLA Code violations and that describe the equivalent violations and administrative actions under the laws of other member states that DOT must recognize as DLA Code violations when the offense is not committed in this state.
Current law allows or requires DOT or a court, in a variety of circumstances, to suspend or revoke the operating privilege of any person, whether a resident or nonresident, who commits specified offenses in this state. In addition, in a variety of circumstances, current law allows or requires DOT to suspend or revoke the operating privilege of a resident for committing specified offenses in other jurisdictions and allows or requires DOT or a court to treat convictions in other jurisdictions as prior offenses. DOT may or must suspend or revoke the operating privilege of a nonresident, except with respect to a commercial driver license (CDL), upon receiving notice of a conviction for certain offences in another jurisdiction.
This bill substantially modifies, to correspond to the state's joinder of the DLA, the procedure for DOT's administrative suspensions and revocations of motor vehicle operating privileges. Under the bill, DOT may generally suspend or revoke the operating privilege only of persons who hold an operator's license issued by DOT or are residents of this state and do not hold an operator's license issued by another jurisdiction (Wisconsin licensees or residents). A nonresident who commits a violation in this state is generally subject to the penalty provided for the violation except that, in lieu of suspension or revocation of the nonresident's operating privilege in this state, notice is provided to the person's state of licensure or residency. However, if the nonresident's state of licensure or residency is not a member of the DLA, or if the offense is not a DLA code violation, DOT may suspend or revoke the nonresident's operating privilege. The bill also allows certain offenses committed in other jurisdictions that, if committed in this state, would have been violations in this state to be grounds for suspension or revocation by DOT and to be counted as prior violations for purposes of court-ordered suspensions or revocations.
Under the bill, although a nonresident is technically disqualified as a matter of law from operating a commercial motor vehicle (CMV) upon conviction of specified offenses related to a CMV or CDL, the nonresident is not ordered administratively disqualified by DOT, and DOT does not record the disqualification of the nonresident in DOT's driver records unless required to do so by federal law. If DOT receives a record of conviction of a nonresident for an offense not required by federal law to be recorded in DOT's records, DOT must provide notice of the conviction and disqualification as a matter of law to the person's jurisdiction of licensure or residency. The bill also adds certain convictions in other jurisdictions that may result in disqualification. The bill allows certain offenses committed in other jurisdictions that, if committed in this state would have been violations in this state, to be grounds for disqualification.
Under current law, upon conviction of a person for a traffic violation or other specified violation, the court must forward the record of conviction to DOT, and DOT must maintain a file for the person containing a record of any such report of conviction. Also, under current law, DOT must maintain a record of every application for license, permit, or endorsement received by it and of every suspension, revocation, cancellation, and disqualification by DOT. DOT must also maintain a file for each licensee or other person that includes the application for license, permit, or endorsement, a record of reports or abstract of convictions, the status of the person's authorization to operate different vehicle groups, a record of out-of-service orders, and a record of reportable accidents (driver record). The driver record must also include, for a person holding a CDL issued by DOT, a record of certain disqualifications from operating a CMV or revocations, suspensions, or cancellations by another jurisdiction of the person's CDL and a record of certain traffic violations in other jurisdictions, and, for a person holding a CDL issued by any jurisdiction, a record of any violation of a traffic law in any jurisdiction while operating any motor vehicle, not just a CMV.
This bill substantially modifies, to correspond to the state's joinder of the DLA, the procedure for record keeping related to both DOT's administrative and court-ordered suspensions or revocations. Under the bill, in most circumstances, DOT must maintain a driver record only for persons who are Wisconsin licensees or residents. For such persons, DOT must maintain in the driver record any notice received from another jurisdiction of the revocation, suspension, or cancellation of the person's operating privilege in that jurisdiction. Rather than maintain a driver record for nonresidents, DOT must forward the record of conviction (as required under current law) or notice of any administrative action, including suspension or revocation of an operating privilege or disqualification by DOT, or of any test results, out-of-service order, or DOT hearing results related to driving or operating a motor vehicle while under the influence of an intoxicant (OWI), to the nonresident's state of licensure or residency. However, DOT must maintain files other than the driver record (the sub-driver record) for nonresidents convicted of certain violations in this state that includes the record of conviction, certain suspensions or revocations of operating privileges, and notices of OWI-related refusals, test results, and out-of-service orders.
Upon receiving notice that a Wisconsin licensee or resident has applied for an operator's license or transferred residency to another jurisdiction, DOT must transfer the person's driver record information to the other jurisdiction if the jurisdiction is a member of the DLA or if the jurisdiction accepts responsibility for maintaining the person's driver record. With two exceptions, DOT may not thereafter update the person's driver record unless required by federal law. Under one exception, if DOT transfers the driver record to a jurisdiction that is not a member of the DLA, DOT may continue to update the driver record with respect to any conviction or suspension or revocation of the person's operating privilege for an offense committed in this state that is not recorded by the other jurisdiction on the person's driver record maintained in that jurisdiction. Under the other exception, even if DOT transfers the driver record, DOT may continue to maintain and update the sub-driver record. If the person returns to this state, DOT may use the sub-driver record to update the driver record with respect to any conviction or suspension or revocation of the person's operating privilege for an offense committed in this state that does not appear on the driver record transferred back to DOT from the person's former jurisdiction of licensure or residency. If a person licensed in another jurisdiction applies for an operator's license in this state, DOT must request that the person's driver record be transferred from the other jurisdiction. DOT may not issue an operator's license to any person whose operating privilege is currently suspended, revoked, or canceled by another jurisdiction for an offense specified by DOT as a DLA Code violation unless the suspension, revocation, or cancellation was for failure to comply with a judgment in that jurisdiction and at least five years have elapsed since the suspension, revocation, or cancellation.
Various provisions of current law control the issuance of an operator's license, or the reinstatement of an operating privilege, after suspension or revocation. This bill eliminates, as a condition of issuing an operator's license to a person moving to this state whose operating privilege was previously suspended or revoked in another state, the following requirements: that the person's operating privilege has been reinstated by another state if the person is eligible for reinstatement in the other state; that the period of suspension or revocation that would be required under the laws of this state had the offense been committed in this state has expired; and that the person submit proof of financial responsibility to DOT. This bill also eliminates the requirement that a nonresident whose operating privilege is revoked in this state obtain a valid operator's license issued by his or her resident state as a condition of reinstatement by DOT of the nonresident's operating privilege. This bill eliminates further any requirement that nonresidents provide proof of financial responsibility with respect to reinstatement of an operating privilege or registration suspended in this state as a result of failure to demonstrate financial responsibility after a motor vehicle accident or judgement arising from an accident.
The bill also limits, to vehicles titled and registered in this state, a requirement that DOT's vehicle registration records reflect court orders in OWI cases that vehicles be equipped with ignition interlock devices, immobilized, or seized. The bill further limits, to vehicles title by DOT, a provision prohibiting DOT from transferring title to a vehicle if the vehicle owner has been arrested for certain OWI-related offenses.
Under current law, if a court suspends or revokes a person's operating privilege, the court must take possession of the person's operator's license and forward it to DOT. If a person is arrested for OWI, a law enforcement officer requests the person to take a test to determine the amount of alcohol in his or her blood or breath, and the person either refuses to take the test or the test results indicate a prohibited alcohol concentration, the officer must take possession of the person's operator's license and forward it to DOT.
Under this bill, a court that suspends or revokes a person's operating privilege may take possession of a person's operator's license but is not required to do so. If a court does take possession of a person's operator's license, the court must destroy the license. Upon reinstatement of the person's operating privilege, instead of returning the license, DOT must issue a new license. Also, a law enforcement officer who arrests a person for OWI may not take possession of a person's operator's license. The bill also allows a person who is otherwise eligible to obtain an occupational license to do so without surrendering his or her revoked operator's license.
Under current law, DOT is required to keep certain records and information confidential, including signatures submitted to DOT, records of conviction and suspensions or revocations related to underage drinking offenses, social security numbers, certain driving records and identification card records, and photographs and fingerprints taken of operator's license applicants. In most cases, there are specified exceptions allowing the information or records to be disclosed only to specified persons, usually governmental entities such as courts, district attorneys, and law enforcement agencies. This bill creates an exception allowing DOT to disclose certain records and information to any driver licensing agency of another jurisdiction. The bill also creates an exception allowing DOT to disclose signatures submitted to DOT to certain specified governmental entities such as courts, district attorneys, and law enforcement agencies. The bill also specifies that any photograph that DOT provides to a law enforcement agency as allowed under current law may be in print or electronic form.
Because this bill proposes to revoke a person's operating privilege upon conviction for an offense, DOT, as required by law, will prepare a report to be printed as an appendix to this bill.
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:
SECTION 1. 23.33 (13) (e) of the statutes is amended to read:
23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.
SECTION 2. 118.163 (2) (a) of the statutes is amended to read:
118.163 (2) (a) Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.
SECTION 3. 118.163 (2m) (a) of the statutes is amended to read:
118.163 (2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege until the person reaches the age of 18. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.
SECTION 4. 125.07 (4) (cm) of the statutes is amended to read:
125.07 (4) (cm) When a court revokes or suspends a person's operating privilege under par. (bs) or (c), the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.
SECTION 5. 125.085 (3) (bp) of the statutes is amended to read:
125.085 (3) (bp) When a court suspends a person's operating privilege under par. (bd), the department of transportation may not disclose information concerning or relating to the suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.
SECTION 6. 342.12 (4) (a) and (b) of the statutes are amended to read:
342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by the person and involved in the violation upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.
(b) Except as provided under par. (c), if the department has previously issued a valid certificate of title for the motor vehicle owned by the person and involved in the violation, the department may not issue a certificate of title transferring ownership of the motor this vehicle owned by a person and involved in the violation upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.
SECTION 7. 343.01 (2) (bc) of the statutes is created to read:
343.01 (2) (bc) "Home jurisdiction" means another jurisdiction that has most recently issued an operator's license to a person or, if the person has not been issued an operator's license by another jurisdiction, another jurisdiction where the person resides.
SECTION 8. 343.01 (2) (bm) of the statutes is created to read:
343.01 (2) (bm) "Member jurisdiction" means another jurisdiction that has entered into the driver license agreement, as described in s. 343.02 (3) (a).
SECTION 9. 343.02 (3) of the statutes is created to read:
343.02 (3) (a) To promote the efficient administration and enforcement of the provisions of this chapter, this state, through the department, shall join the agreement facilitated by the American Association of Motor Vehicle Administrators that, as of the effective date of this paragraph .... [revisor inserts date], is known as the "Driver License Agreement" that establishes standards among participating jurisdictions for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process.
(b) The department shall promulgate rules as the secretary considers necessary to effectuate the purposes of the driver license agreement and shall promulgate rules, timed to become effective with the effective date of the state's joinder in the driver license agreement, that identify all violations of, and administrative actions under, the laws of this state and describe by type or category all equivalent violations of, and administrative actions under, the laws of other jurisdictions that, under the driver license agreement, are required to be recognized as violations or authorized administrative actions among all jurisdictions that are parties to the driver license agreement.
(c) The department shall provide for publication of notice of the state's joinder in the driver license agreement, including the effective date of such joinder, by notice published by the revisor of statutes in the Wisconsin Administrative Register under s. 35.93 (4).
SECTION 10. 343.027 of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:
343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or to the driver licensing agency of another jurisdiction.
SECTION 11. 343.03 (5) (a) of the statutes is amended to read:
343.03 (5) (a) Before issuing or renewing any license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state jurisdiction, the department shall obtain information on the applicant's license status with the state jurisdiction of licensure before issuing a license, including requesting transfer to the department of the applicant's driver record information from the other jurisdiction if that jurisdiction is a member jurisdiction.
SECTION 12. 343.05 (1) (a) of the statutes is amended to read:
343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).
SECTION 13. 343.05 (5) (b) 1. of the statutes is amended to read:
343.05 (5) (b) 1. Except as provided in subd. 2. and sub. (6), any person who violates sub. (3) (a) may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section or a violation of, a law of a federally recognized American Indian tribe or band in this state in conformity with this section, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation under this section, shall count as a previous offense.
SECTION 14. 343.06 (1) (bm) of the statutes is created to read:
343.06 (1) (bm) To any person whose operating privilege is currently suspended, revoked, or canceled by another jurisdiction for an offense or combination of offenses identified in the rules under s. 343.02 (3) (b), except if the operating privilege was suspended, revoked, or canceled by another jurisdiction for failure to comply with a judgment in that other jurisdiction and at least 5 years have elapsed since the operating privilege was suspended, revoked, or canceled for failure to comply.
SECTION 15. 343.06 (2) of the statutes is amended to read:
343.06 (2) The department shall not issue a commercial driver license, including a renewal or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987, or to any person whose operating privilege is revoked, suspended, or canceled. Any With respect to any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d), the department shall be disqualified by the department as provided order the person disqualified or provide notice as specified in s. 343.315.
SECTION 16. 343.085 (4) of the statutes is amended to read:
343.085 (4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws or any law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of this state's traffic laws. A person may not be continued on probationary status due to a suspension under s. 343.30 (6).
SECTION 17. 343.10 (2) (a) 3. of the statutes is repealed.
SECTION 18. 343.14 (2j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, is amended to read:
343.14 (2j) Except as provided in sub. (2g) (b) and as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22 or, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction.
****NOTE: This is reconciled s. 343.14 (2j). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003, LRB-0011, and LRB-1261. "XXX" in the bill section heading indicates a cross-reference that must be provided in the compiled budget bill to the bill section in LRB-1261 that also treats s. 343.14 (2j).
SECTION 19. 343.16 (5) (a) of the statutes is amended to read:
343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, advanced practice nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of any of these provisions, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).
SECTION 20. 343.20 (1) (e) 1. of the statutes is amended to read:
343.20 (1) (e) 1. The person is moving to this state, surrenders his or her valid commercial driver license issued by another state jurisdiction, and makes application for a commercial driver license in this state.
SECTION 21. 343.23 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person identified in par. (am) 1. c. containing the information specified in par. (am) 1. c. and for each person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any notice received from another jurisdiction of the revocation, suspension, or cancellation of the person's operating privilege in that other jurisdiction, any demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:
****NOTE: This is reconciled s. 343.23 (2) (a) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0011.
SECTION 22. 343.23 (2) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The secretary may also consider the information specified in sub. (2m) for purposes of this paragraph, and, except as provided in sub. (3) (a), any information maintained under sub. (2m) that is described in this paragraph shall be maintained for the periods specified in this paragraph. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that, subject to s. 343.23 (3m), 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.
****NOTE: This is reconciled s. 343.23 (2) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0011.
SECTION 23. 343.23 (2m) of the statutes is created to read:
343.23 (2m) (a) Subject to sub. (3m) (b), the department shall maintain a file, other than the operator's record file specified in sub. (2) (a), for each nonresident who is convicted of a violation, or who otherwise commits an offense, in this state that shall include all of the following:
1. A record of reports or abstract of convictions resulting from any offense specified in s. 343.305 (10) (em) or 343.307.
