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.
SECTION 100. 343.44 (4r) of the statutes is amended to read:
343.44 (4r) VIOLATION OF OUT-OF-SERVICE ORDER. In addition to other penalties for violation of this section, if a person has violated this section after he or she the person or the commercial motor vehicle operated by the person was ordered out-of-service under the law of this state or another jurisdiction or under federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
SECTION 101. 343.50 (8) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, is amended to read:
343.50 (8) (b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder 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, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs disclosed to a law enforcement agency for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit disclosure under par. (c) or the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).
****NOTE: This is reconciled s. 343.50 (8) (b). 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 to the bill section in LRB-1261 that also treats s. 343.50 (8) (b).
SECTION 102. 344.02 (3) of the statutes is amended to read:
344.02 (3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall, as provided in this chapter, either proceed to order suspension of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.
SECTION 103. 344.08 (1m) of the statutes is created to read:
344.08 (1m) Notwithstanding sub. (1), the secretary may only suspend the operating privilege of a nonresident for an offense specified in sub. (1) if the nonresident is licensed by or resides in another jurisdiction that is not a member jurisdiction or if the offense is not identified in the rules under s. 343.02 (3) (b).
SECTION 104. 344.13 (2) of the statutes is amended to read:
344.13 (2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure Subject to s. 344.14 (1r), failure of a person to comply with such request is grounds for suspending such person's operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.
SECTION 105. 344.14 (1r) of the statutes is created to read:
344.14 (1r) Notwithstanding sub. (1), the secretary may only suspend under sub. (1) or under s. 344.13 (2) the operating privilege of a nonresident for, respectively, an offense specified in sub. (1) or s. 344.13 (2) if the nonresident is licensed by or resides in another jurisdiction that is not a member jurisdiction or if the offense is not identified in the rules under s. 343.02 (3) (b).
SECTION 106. 344.18 (1m) (a) of the statutes is amended to read:
344.18 (1m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (1) (a), (b), (c) or (d) has been met or unless the person is a nonresident, the person whose operating privilege or registration was suspended or revoked under s. 344.14 shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.
SECTION 107. 344.18 (3m) (a) of the statutes is amended to read:
344.18 (3m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (3) (a) or (b) has been met or unless the person is a nonresident, the person whose operating privilege or registration was suspended or revoked under sub. (3) shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter.
SECTION 108. 344.19 (1) of the statutes is amended to read:
344.19 (1) If the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, whether because the operator or owner is a nonresident or because the operator or owner is a resident who has failed or neglected to obtain a license or registration in this state, the operator or owner shall not be allowed a license or registration until the operator or owner has complied with the requirements of this chapter to the same extent as would be necessary if, at the time of the accident, the operator or owner had held a license and registration in this state. Nothing in this subsection requires the department to maintain an operator's record with respect to a nonresident except as provided in s. 343.23 (2m).
SECTION 109. 344.19 (2) of the statutes is renumbered 344.19 (2) (intro.) and amended to read:
344.19 (2) (intro.) If the operating privilege or registration of a nonresident is suspended under s. 344.14, the secretary shall transmit a certified copy of the record of such action as follows:
(b) With respect to the registration suspension, to the administrator of the division of motor vehicles or equivalent official of the state in which that person resides if the law of the state in which that person resides provides for similar action by the administrator or equivalent official of that state in the event that a resident of this state has a nonresident's operating privilege or registration in that state suspended or revoked for failure to comply with the safety responsibility law of that state.
SECTION 110. 344.19 (2) (a) of the statutes is created to read:
344.19 (2) (a) With respect to the operating privilege suspension, as provided in s. 343.36 (3).
SECTION 111. 344.19 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
344.19 (3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to suspend a nonresident's person's operating privilege or registration had the accident occurred in this state, or, upon notice of circumstances occurring in another jurisdiction substantially similar to those described in s. 344.14 if suspension of an operating privilege under circumstances substantially similar to those described in s. 344.14 is an offense identified in the rules under s. 343.02 (3) (b), the secretary shall suspend the operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension order, but shall not suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fees required under s. 343.21 (1) (j) and (n) and complies with the applicable provisions of s. 343.38. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) and satisfies the requirements of sub. (3m). The secretary may not suspend an operating privilege under this subsection if the period of suspension or revocation in the state from which the certification is received has expired or if, at the time of the circumstances occurring in the other jurisdiction, the person was licensed in or resided in another jurisdiction.
****NOTE: This is reconciled s. 344.19 (3). This SECTION has been affected by drafts with the following LRB numbers: LRB-0011 and LRB-0973.
SECTION 112. 344.24 of the statutes is amended to read:
344.24 Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.
SECTION 113. 344.25 (7) of the statutes is created to read:
344.25 (7) Notwithstanding sub. (5), the secretary shall only suspend the operating privilege of a nonresident if the nonresident is licensed by or resides in another jurisdiction that is not a member jurisdiction or if operating privilege suspension under circumstances substantially similar to those described in this subchapter is not identified in the rules under s. 343.02 (3) (b).
SECTION 114. 344.26 (1) of the statutes is amended to read:
344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration suspended or revoked under s. 344.25 shall remain suspended or revoked until every judgment mentioned in s. 344.25 is stayed, satisfied, or discharged and, unless 3 years have elapsed since the date on which the judgment was stayed, satisfied, or discharged or unless the person is a nonresident, until the person whose operating privilege and registration was suspended or revoked furnishes and maintains in effect proof of financial responsibility for the future.
SECTION 115. 344.27 (2) of the statutes is amended to read:
344.27 (2) The secretary shall not suspend the operating privilege or registration and shall restore any operating privilege or registration suspended following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in installments and, unless 3 years have elapsed since the date on which the order permitting the payment of the judgment in installments is filed with the secretary or unless the judgment debtor is a nonresident, furnishes and maintains proof of financial responsibility for the future.
SECTION 116. 344.27 (3) of the statutes is amended to read:
344.27 (3) If the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege, if permitted under this subchapter, and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.
SECTION 117. 344.29 of the statutes is amended to read:
344.29 Proof of financial responsibility for the future required. Proof of financial responsibility for the future shall be furnished by any person required to give such proof under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and in those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.
SECTION 118. 344.30 (1) of the statutes is amended to read:
344.30 (1) Certification of insurance as provided in s. 344.31 or 344.32; or
SECTION 119. 344.32 of the statutes is repealed.
SECTION 120. 344.33 (1) of the statutes is amended to read:
344.33 (1) CERTIFICATION. In this chapter, "motor vehicle liability policy" means a motor vehicle policy of liability insurance, certified as provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an automobile liability business in this state to or for the benefit of the person named in the policy as the insured.
SECTION 121. 344.34 of the statutes is amended to read:
344.34 Notice of cancellation or termination of certified policy. When an insurer has certified a motor vehicle liability policy under s. 344.31, a policy under s. 344.32 or a bond under s. 344.36, the insurance so certified shall not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified has been filed in the office of the secretary. No insurance so certified may be canceled or terminated by the insurer prior to the expiration of 90 days from the effective date of the certification on the grounds of failure to pay a premium when due. Such a certified policy or bond subsequently procured shall, on the effective date of its certification, terminate the insurance previously certified. Any certification or recertification filed by the same insurer following cancellation shall be accompanied by a fee of $3 payable by the insurer.
SECTION 122. 344.42 of the statutes is amended to read:
344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.
SECTION 123. 345.23 (2) (c) of the statutes is amended to read:
