(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SECTION 10. 343.027 of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read: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.
2. A record of any suspension or revocation by the department of the person's operating privilege under par. (b) or as provided under s. 344.08 (1m), 344.14 (1r), or 344.25 (7).
3. A record of any administrative suspension, notice of refusal, notice of intent to revoke, issuance of an out-of-service order, or report of test results under s. 343.305 (7) or (9).
(b) The department may use the file under par. (a), and the file specified in sub. (2) (a) if updated as provided in sub. (3m) (b), to suspend or revoke the operating privilege of, or to disqualify, a nonresident if any of the following apply:
1. The person is licensed by or resides in another jurisdiction that is not a member jurisdiction.
2. The offense for which the suspension, revocation, or disqualification occurs was committed in this state and is not an offense identified in the rules under s. 343.02 (3) (b).
(c) Nothing in this subsection requires the department to maintain a record of any conviction other than a conviction for an offense specified in s. 343.305 (10) (em) or 343.307 if, at the time of the conviction, the person was licensed in or resided in another jurisdiction.
SECTION 24. 343.23 (3m) of the statutes is created to read:
343.23 (3m) (a) Subject to s. 343.03 (7), upon receiving notice that a person for whom the department maintains a file under sub. (2) (a) has applied for or been issued an operator's license in another jurisdiction or has transferred residency to another jurisdiction, the department shall transfer to the other jurisdiction all file information specified in sub. (2) (a) and (am) within 30 days of receiving such notice if the other jurisdiction is a member jurisdiction or if the other jurisdiction accepts responsibility for maintaining the person's operator's record. Subject to par. (b), upon such transfer, the department shall not update the file described in sub. (2) (a) with any information described in sub. (2) (a) and (am) except as provided under sub. (2) (am) 1. c. and except as required under federal law.
(b) If the department transfers the operator's record file information to another jurisdiction as provided in par. (a), and that other jurisdiction is not a member jurisdiction, the department may continue to update the file specified in sub. (2) (a) with respect to any conviction or other information described in sub. (2) (a) and (am) related to an offense committed in this state that is not recorded by the other jurisdiction on the person's operator's record.
(c) If the department transfers a person's operator's record file information to another jurisdiction as provided in par. (a), the department may continue to maintain and update the file specified in sub. (2m). If a person subsequently applies for or is issued an operator's license under this chapter or transfers residency back to this state, the department may use the file specified in sub. (2m) to update the file specified in sub. (2) (a) with respect to any conviction, suspension, revocation, disqualification, or other information contained in the file specified in sub. (2m) related to an offense committed in this state that does not appear on an operator's record transferred to the department from the person's former jurisdiction of licensure or residency.
SECTION 25. 343.23 (4) (b) of the statutes is amended to read:
343.23 (4) (b) Any record of issuance of an out-of-service order under s. 343.305 (7) (b) or (9) (am) upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge of violating s. 346.63 (7) arising out of that incident or occurrence. In the case of a nonresident, the department shall also inform the state of licensure of the dismissal or finding of innocence.
SECTION 26. 343.235 (3) (a) of the statutes is amended to read:
343.235 (3) (a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.
SECTION 27. 343.237 (2) of the statutes is amended to read:
343.237 (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.
SECTION 28. 343.237 (3) (intro.) of the statutes is amended to read:
343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:
SECTION 29. 343.24 (3) of the statutes is amended to read:
343.24 (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) 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 minor who committed the violation or his or her parent or guardian.
SECTION 30. 343.24 (4) (c) 1. of the statutes is amended to read:
343.24 (4) (c) 1. A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.
SECTION 31. 343.28 (2) of the statutes is amended to read:
343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall may require the surrender to it of any license then held by such person. If the court requires surrender of a license, the court shall destroy the license. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department, which shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.
SECTION 32. 343.30 (1g) (b) of the statutes is amended to read:
343.30 (1g) (b) A court shall may revoke a person's operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or of similar violations under s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, with s. 343.44 (1) (a), (b), or (d), or the law of another jurisdiction prohibiting operating a motor vehicle with a suspended or revoked license or while disqualified or ordered out of service, as those terms or substantially similar terms are used in that other jurisdiction's laws, within the 5-year period preceding the violation. The revocation shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.
SECTION 33. 343.30 (1q) (b) 4. of the statutes is amended to read:
343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment, if applicable, and is complying with the driver safety plan ordered under par. (c), if applicable.
SECTION 34. 343.30 (1q) (c) 1. (intro.), a. and c. of the statutes are consolidated, renumbered 343.30 (1q) (c) 1. and amended to read:
343.30 (1q) (c) 1. Except as provided in subd. 1. a. or b. this subdivision, and except for a first violation of s. 346.63 (1) (b), if the person who committed the violation is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license and had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall: a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of a driver safety plan for the person satisfying the requirements of that state. c. Require The assessment order shall require a person who is referred to a treatment facility in another state under subd. 1. a. or b. this subdivision to furnish the department written verification of his or her compliance from the agency which administers the assessment and driver safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency which administers the assessment and driver safety plan program.
SECTION 35. 343.30 (1q) (c) 1. b. of the statutes is repealed.
SECTION 36. 343.30 (2j) (a) of the statutes is renumbered 343.30 (2j) and amended to read:
343.30 (2j) A court may revoke a person's operating privilege upon the person's first conviction for violating s. 346.44 or 346.62 (2m) and shall revoke a person's operating privilege upon the person's 2nd or subsequent conviction for violating s. 346.44 or 346.62 (2m) if within a 5-year period, the person was previously convicted for violating s. 346.44 or 346.62 (2m) or the law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this subsection. The revocation shall be for a period of 6 months. For purposes of determining prior convictions for purposes of this paragraph subsection, the 5-year period shall be measured from the dates of the violations that resulted in the convictions. Each conviction under s. 346.44 or 346.62 (2m) or the applicable law of another jurisdiction shall be counted, except that convictions under s. 346.44 and 346.62 (2m) or the applicable law of another jurisdiction arising out of the same incident or occurrence shall be counted as a single conviction.
SECTION 37. 343.30 (4) of the statutes is amended to read:
343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately may take possession of any suspended or revoked license and. If the court takes possession of a license, it shall destroy the license. The court shall forward it, as provided in s. 345.48, to the department together with the record of conviction and notice of suspension or revocation. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.
SECTION 38. 343.30 (5) of the statutes is amended to read:
343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.09 (1) (c), 800.095 (4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction 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 minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.
SECTION 39. 343.301 (1) (e) of the statutes is created to read:
343.301 (1) (e) The court shall notify the department, in a form and manner prescribed by the department, that an order requiring a motor vehicle to be equipped with an ignition interlock device has been entered. If the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342, the registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification if the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342.
SECTION 40. 343.301 (2) (d) of the statutes is amended to read:
343.301 (2) (d) The court shall notify the department, in a form and manner prescribed by the department, that an order to immobilize a motor vehicle has been entered. The If the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342, the registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification if the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342.
SECTION 41. 343.305 (7) (a) of the statutes is amended to read:
343.305 (7) (a) If a person submits to chemical testing administered in accordance with this section and any test results indicate the presence of a detectable amount of a restricted controlled substance in the person's blood or a prohibited alcohol concentration, the law enforcement officer shall report the results to the department and take possession of the person's license and forward it to the department. The person's operating privilege is administratively suspended for 6 months.
SECTION 42. 343.305 (7) (b) of the statutes is amended to read:
343.305 (7) (b) If a person who was driving or operating or on duty time with respect to a commercial motor vehicle submits to chemical testing administered in accordance with this section and any test results indicate an alcohol concentration above 0.0, the law enforcement officer may take possession of the person's license and retain the license for 24 hours. The person may reclaim a seized license in person or request return of the license by mail. The law enforcement officer shall issue a citation for violation of s. 346.63 (7) (a) 1., issue citations for such other violations as may apply and issue an out-of-service order to the person for the 24 hours after the testing, and report both the out-of-service order and the test results to the department in the manner prescribed by the department. If the person is a nonresident, the department shall report issuance of the out-of-service order to the driver licensing agency in the person's home jurisdiction.
SECTION 43. 343.305 (9) (a) (intro.) of the statutes is amended to read:
343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:
SECTION 44. 343.305 (9) (am) (intro.) of the statutes is amended to read:
343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made or to the municipal court in the municipality in which the refusal is made if the person's refusal was in violation of a municipal ordinance and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:
SECTION 45. 343.305 (10) (b) 3. of the statutes is amended to read:
343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment, if applicable, and is complying with the driver safety plan, if applicable.
SECTION 46. 343.305 (10) (b) 4. of the statutes is amended to read:
343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment, if applicable, and is complying with the driver safety plan, if applicable.
SECTION 47. 343.305 (10) (c) 1. (intro.), a. and c. of the statutes are consolidated, renumbered 343.305 (10) (c) 1. and amended to read:
343.305 (10) (c) 1. Except as provided in subd. 1. a. or b. this subdivision, 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 court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the person and the department of transportation of the assessment order. The court shall also notify the person that noncompliance with assessment or the driver safety plan will result in license suspension until the person is in compliance. The assessment order shall: a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of a driver safety plan for the person satisfying the requirements of that state. c. Require The assessment order shall require a person who is referred to a treatment facility in another state under subd. 1. a. or b. this subdivision to furnish the department written verification of his or her compliance from the agency which administers the assessment and driver safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency which administers the assessment and driver safety plan program.
SECTION 48. 343.305 (10) (c) 1. b. of the statutes is repealed.
SECTION 49. 343.305 (11) of the statutes is amended to read:
343.305 (11) RULES. The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts, municipal courts, attorneys who represent municipalities, and district attorneys, and driver licensing agencies of other jurisdictions. The rules may not affect any provisions relating to court procedure.
SECTION 50. 343.31 (1) (intro.) of the statutes is amended to read:
