343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s), or (2x), all revocations or suspensions under this section shall be for a period of one year.
SECTION 57. 343.31 (3) (b) of the statutes is repealed.
SECTION 58. 343.31 (3) (bg) of the statutes is created to read:
343.31 (3) (bg) The period of suspension or revocation under sub. (2) shall be the same as if the person were convicted of the offense in this state.
SECTION 59. 343.31 (3) (bm) (intro.) of the statutes is amended to read:
343.31 (3) (bm) (intro.) For any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license and who is convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1):
SECTION 60. 343.31 (3) (c) of the statutes is amended to read:
343.31 (3) (c) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 940.09 of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years.
SECTION 61. 343.31 (3) (d) (intro.) of the statutes is amended to read:
343.31 (3) (d) (intro.) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted of knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3) shall have his or her operating privilege revoked as follows:
SECTION 62. 343.31 (3) (e) of the statutes is amended to read:
343.31 (3) (e) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled.
SECTION 63. 343.31 (3) (f) of the statutes is amended to read:
343.31 (3) (f) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years.
SECTION 64. 343.31 (3) (i) of the statutes is amended to read:
343.31 (3) (i) If a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted for a violation of s. 346.67 (1) where the accident involved great bodily harm, the period of revocation is 2 years.
SECTION 65. 343.31 (3) (j) of the statutes is amended to read:
343.31 (3) (j) If a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted for a violation of s. 346.67 (1) where the accident involved death, the period of revocation is 5 years.
SECTION 66. 343.315 (2) (f) 7. of the statutes is amended to read:
343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards that, if the commercial driver license is issued under this chapter, are issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.
SECTION 67. 343.315 (2) (fm) of the statutes is amended to read:
343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17 or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.14 (5) or 345.17, if the violation relates to an application for a commercial driver license.
SECTION 68. 343.315 (2) (h) of the statutes is amended to read:
343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law.
SECTION 69. 343.315 (2) (j) (intro.) of the statutes is amended to read:
343.315 (2) (j) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, "railroad crossing violation" means a violation of a federal, state, or local law, rule, or regulation, including the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:
SECTION 70. 343.315 (3) (a) of the statutes is amended to read:
343.315 (3) (a) Notwithstanding s. 343.39, and subject to par. (bm), if a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2). The person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles.
SECTION 71. 343.315 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department shall, subject to par. (bm), immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.
****NOTE: This is reconciled s. 343.315 (3) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0011 and LRB-0973.
SECTION 72. 343.315 (3) (bm) of the statutes is created to read:
343.315 (3) (bm) Upon receiving a record of conviction for any offense causing a person to be disqualified from operating a commercial motor vehicle under sub. (2) or a notice specified in sub. (2) (k), the department shall record the disqualification if required by s. 343.23 (2) (am) and, subject to s. 343.03 (7) (b), do one of the following:
1. If the person is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, the department shall issue an order disqualifying the person and record the disqualification under s. 343.23 (1). The department may take any other applicable administrative action against the licensee or resident on the disqualification.
2. If the person is a nonresident, the department shall provide notice to the person's home jurisdiction as required under s. 343.36 (3). Subject to s. 343.23 (2) (am) 3., if the person is a nonresident, the department may not issue an order disqualifying the person, record the disqualification under s. 343.23 (1), or take any other administrative action against the person on the disqualification. The department may record the disqualification under s. 343.23 (2m).
SECTION 73. 343.315 (3) (d) of the statutes is amended to read:
343.315 (3) (d) Disqualifications Subject to sub. (4), disqualifications shall be effective from the date of conviction of the disqualifying offense the order of disqualification.
SECTION 74. 343.32 (1) of the statutes is repealed.
SECTION 75. 343.32 (1m) (a) of the statutes is repealed.
SECTION 76. 343.32 (1m) (b) (intro.) of the statutes is amended to read:
343.32 (1m) (b) (intro.) The secretary shall suspend a person's the operating privilege of a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension of such person's operating privilege under s. 961.50. This paragraph does not apply if the other jurisdiction in which the offense was committed suspended or revoked the person's operating privilege in that other jurisdiction as a result of the conviction and the period of suspension or revocation in that other jurisdiction has expired or if, at the time of the conviction, the person was licensed in or resided in another jurisdiction. The person is eligible for an occupational license under s. 343.10 as follows:
SECTION 77. 343.32 (1s) of the statutes is amended to read:
343.32 (1s) The Notwithstanding ss. 125.085 (3) (bd) and 343.30 (6) (bm), the secretary shall suspend the operating privilege of any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license and who has been convicted under state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for suspension under this subsection, of altering the person's license, loaning the person's license to another, or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license. This paragraph does not apply if the other jurisdiction in which the offense was committed suspended or revoked the person's operating privilege in that other jurisdiction as a result of the conviction and the period of suspension or revocation in that other jurisdiction has expired or if, at the time of the conviction, the person was licensed in or resided in another jurisdiction.
SECTION 78. 343.32 (1v) of the statutes is created to read:
343.32 (1v) The secretary may suspend or revoke the operating privilege of any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license upon receiving notice of the suspension or revocation in another jurisdiction of the person's operating privilege for an offense therein which, if committed in this state, would have been cause for suspension or revocation under any law of this state or which is identified in the rules under s. 343.02 (3) (b) as an offense for which a person is subject to suspension or revocation, or upon receiving notice of any circumstances occurring in another jurisdiction which, if occurring in this state, would have been cause for administrative suspension under s. 343.305 (7) (a). This subsection does not apply if the period of suspension or revocation in the other jurisdiction has expired or if, at the time of the offense or time that the circumstances occurred, the person was licensed in or resided in another jurisdiction. This subsection does not apply with respect to any suspension or revocation in another jurisdiction for failure to comply with the order of, or appear before, a court of that other jurisdiction.
SECTION 79. 343.32 (2) (a) of the statutes is amended to read:
343.32 (2) (a) The secretary may suspend a person's the operating privilege of a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law, or any law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for demerit point assessment under this subsection. The secretary may not consider, for purposes of this paragraph, any offense occurring in another jurisdiction if, at the time of any conviction for the offense, the person was licensed in or resided in another jurisdiction. For the purpose of determining when to suspend an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.
SECTION 80. 343.325 (4) of the statutes is amended to read:
343.325 (4) If a person whose suspension, revocation or disqualification was stayed pursuant to sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31 or 343.315 an order of disqualification is required under s. 343.315 (3) (bm) 1., during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.
SECTION 81. 343.34 (1) of the statutes is amended to read:
343.34 (1) Whenever the secretary is satisfied that a person has violated a restriction on the a license issued under this chapter and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.
SECTION 82. 343.34 (2) of the statutes is amended to read:
343.34 (2) When a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license has been convicted under s. 343.16 (7) (b).
SECTION 83. 343.345 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's the operating privilege of a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.
****NOTE: This is reconciled s. 343.345. This SECTION has been affected by drafts with the following LRB numbers: LRB-0011 and LRB-1261.
SECTION 84. 343.36 (title) of the statutes is amended to read:
343.36 (title) Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction and notices.
SECTION 85. 343.36 (3) of the statutes is renumbered 343.36 (3) (a) and amended to read:
343.36 (3) (a) Upon Subject to s. 343.03 (7) (b) and (c), upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension, or disqualification under the laws of this state, or upon otherwise receiving any order of a court in this state suspending or revoking a nonresident's operating privilege or disqualifying a nonresident, the department shall forward, within 30 days of receiving the record of conviction or order, a certified copy of such record or order to the motor vehicle administrator in the state wherein the person so convicted is a resident driver licensing agency of the person's home jurisdiction. If the department subsequently receives any notice under s. 343.325 (1) or (6) related to the conviction or order, the department shall forward a certified copy of the notice to the same driver licensing agency.
SECTION 86. 343.36 (3) (b), (c) and (d) of the statutes are created to read:
343.36 (3) (b) Subject to s. 343.03 (7) (b), upon receiving any of the following information with respect to a nonresident, the department shall forward, within 30 days of receiving the information, notice of the information to the driver licensing agency of the person's home jurisdiction:
1. A report of positive test results under s. 343.305 (7) (a). Notice forwarded by the department shall include notice of the administrative suspension under s. 343.305 (7) (a).
2. A report of positive test results and issuance of an out-of-service order under s. 343.305 (7) (b).
3. A report of the results of any hearing conducted by the department related to positive test results described in subd. 1. or 2.
(c) Subject to s. 343.03 (7) (b) and (c), upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense that is identified in the rules under s. 343.02 (3) (b) but which is not grounds for revocation, suspension, or disqualification under the laws of this state, the department shall forward, within 30 days of receiving the record of conviction, a certified copy of such record to the driver licensing agency of the person's home jurisdiction. If the department subsequently receives any notice under s. 343.325 (1) or (6) related to the conviction, the department shall forward a certified copy of the notice to the same driver licensing agency.
(d) If a nonresident operator of a motor vehicle commits an offense in this state that is grounds for suspension of a person's operating privilege under ch. 344, the department shall forward notice of the offense to the driver licensing agency of the person's home jurisdiction, which notice shall include notice of any suspension by the department as provided under s. 344.08 (1m), 344.14 (1r), or 344.25 (7).
SECTION 87. 343.38 (1) (c) 2. c. of the statutes is amended to read:
343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s. 343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.
SECTION 88. 343.38 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.38 (2) REINSTATEMENT OF NONRESIDENT'S OPERATING PRIVILEGE AFTER REVOCATION BY WISCONSIN. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such the nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fees specified in s. 343.21 (1) (j) and (n).
****NOTE: This is reconciled s. 343.38 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0011 and LRB-0973.
SECTION 89. 343.38 (4) (intro.) of the statutes is amended to read:
343.38 (4) FIRST ISSUANCE OF LICENSE IN WISCONSIN AFTER SUSPENSION OR REVOCATION BY ANOTHER STATE. (intro.) The department may issue an operator's license to a person moving to this state whose operating privileges have privilege has been previously suspended or revoked in another state jurisdiction when their the person's operating privilege has been reinstated or the person is eligible for reinstatement in that state the other jurisdiction and the following conditions have been met:
SECTION 90. 343.38 (4) (a) of the statutes is repealed.
SECTION 91. 343.38 (4) (b) of the statutes is repealed.
SECTION 92. 343.39 (1) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the fees specified in s. 343.21 (1) (j) and (n) have been paid to the department and, for reinstatement of an the operating privilege of a resident suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.
****NOTE: This is reconciled s. 343.39 (1) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0011 and LRB-0973.
SECTION 93. 343.39 (2) of the statutes is amended to read:
343.39 (2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the person's license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1), including, if applicable, payment of the reinstatement fee required under sub. (1) (a), the department shall issue a new license without any additional fee for the license.
SECTION 94. 343.44 (1) (a) of the statutes is amended to read:
343.44 (1) (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state or, if the person is not a resident, under the laws of the person's home jurisdiction, may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
SECTION 95. 343.44 (1) (b) of the statutes is amended to read:
343.44 (1) (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state or, if the person is not a resident, under the laws of the person's home jurisdiction, may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
SECTION 96. 343.44 (1) (c) of the statutes is amended to read:
343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law.
SECTION 97. 343.44 (2) (am) of the statutes is amended to read:
343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation of sub. (1) (b), or of operating a motor vehicle in violation of s. 343.44 (1), 1997 stats., with an operating privilege that is revoked, within the preceding 5-year period, the penalty under par. (b) shall apply.
SECTION 98. 343.44 (2r) of the statutes is amended to read:
343.44 (2r) PRIOR CONVICTIONS. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) shall be counted. Convictions of s. 343.44 (1), 1997 stats., other than for operating a commercial motor vehicle while ordered out-of-service under the law of another jurisdiction for offenses therein which, if committed in this state, would have been violations of this section shall be counted under this section as prior convictions.
SECTION 99. 343.44 (2s) of the statutes is amended to read:
343.44 (2s) CITATIONS. Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address, including, if the person is not a resident, an address in another jurisdiction. The venue for prosecution may be the county where the alleged offense occurred or, if the person is a resident, in the person's county of residence.
