SECTION 3. 343.20 (2) (b) of the statutes is amended to read:
343.20 (2) (b) Notwithstanding par. (a), at least 180 60 days prior to the expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of transportation shall mail a notice to the last-known address of the licensee that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 90 30 days before expiration of the endorsement.
SECTION 4. 343.23 (2) (b) of the statutes 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 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 (L), 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 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.
SECTION 5. 343.23 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated 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 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), (j), and (L), 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 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.
SECTION 6. 343.23 (4) (a) of the statutes is amended to read:
343.23 (4) (a) Any Notwithstanding subs. (1) and (2) (b), any record of an administrative suspension 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 arising out of that incident or occurrence, except that the record of an administrative suspension for a person holding a commercial driver license may be purged only upon receipt of a court order.
SECTION 7. 343.245 (4) (b) of the statutes is amended to read:
343.245 (4) (b) Any person who violates sub. (3) (b) shall be fined not less than $2,500 $2,750 nor more than $10,000 $25,000 or imprisoned for not more than 90 days or both.
SECTION 8. 343.315 (1) of the statutes is renumbered 343.315 (1m).
SECTION 9. 343.315 (1g) of the statutes is created to read:
343.315 (1g) DEFINITION. In this section, "engaged in commercial motor vehicle-related activities" means all of the following:
(a) Operating or using a commercial motor vehicle.
(b) Operating or using any motor vehicle on or after September 30, 2005, if the person operating or using the vehicle has ever held a commercial driver license, has ever operated a commercial motor vehicle on a highway, or has ever been convicted of a violation related to, or been disqualified from, operating a commercial motor vehicle.
SECTION 10. 343.315 (2) (a) (intro.) of the statutes is amended to read:
343.315 (2) (a) (intro.) Except as provided in par. pars. (b) and (bm), a person shall be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of any of the following offenses, committed on or after July 1, 1987, while driving or operating a commercial motor vehicle or committed on or after September 30, 2005, while driving or operating any motor vehicle engaged in commercial motor-vehicle related activities:
SECTION 11. 343.315 (2) (a) 5. of the statutes is amended to read:
343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction prohibiting refusal of a person driving or operating a motor vehicle to submit to chemical testing to determine the person's alcohol concentration or intoxication or the amount of a restricted controlled substance in the person's blood, or prohibiting positive results from such chemical testing, as those or substantially similar terms are used in that jurisdiction's laws.
SECTION 12. 343.315 (2) (a) 8. of the statutes is amended to read:
343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.
SECTION 13. 343.315 (2) (am) of the statutes is created to read:
343.315 (2) (am) Except as provided in par. (b), a person shall be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of causing a fatality through negligent or criminal operation of a motor vehicle, committed on or after July 1, 1987, and before September 30, 2005, while driving or operating any motor vehicle.
SECTION 14. 343.315 (2) (b) of the statutes is amended to read:
343.315 (2) (b) If any of the violations listed in par. (a) or (am) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73 on or after July 1, 1987, the person shall be disqualified from operating a commercial motor vehicle for a 3-year period.
SECTION 15. 343.315 (2) (bm) of the statutes is created to read:
343.315 (2) (bm) The period of disqualification under par. (a) for a disqualification imposed under par. (a) 5. shall be reduced by any period of suspension, revocation, or disqualification under this chapter previously served for an offense if all of the following apply:
1. The offense arises out of the same incident or occurrence giving rise to the disqualification.
2. The offense relates to a vehicle operator's alcohol concentration or intoxication or the amount of a restricted controlled substance in the operator's blood.
SECTION 16. 343.315 (2) (c) of the statutes is amended to read:
343.315 (2) (c) A person shall be disqualified for life from operating a commercial motor vehicle if convicted of 2 or more violations of any of the offenses listed in par. (a) or (am), or any combination of those offenses, arising from 2 or more separate incidents. The department shall consider only offenses committed on or after July 1, 1987, in applying this paragraph.
SECTION 17. 343.315 (2) (e) of the statutes is amended to read:
343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, or uses any motor vehicle on or after September 30, 2005, in the commission of a felony involving the manufacture, distribution, delivery, or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver, or dispense a controlled substance or controlled substance analog, the person is engaged in commercial motor vehicle-related activities. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).
SECTION 18. 343.315 (2) (f) (intro.) of the statutes is amended to read:
343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle or while driving or operating any motor vehicle if the person holds a commercial driver license. The 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means any of the following offenses committed while operating a commercial motor vehicle, or any of the following offenses committed while operating any motor vehicle if the offense results in the revocation, cancellation, or suspension of the person's operator's license or operating privilege engaged in commercial motor vehicle-related activities:
SECTION 19. 343.315 (2) (f) 2. of the statutes is amended to read:
343.315 (2) (f) 2. Violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law or any law of another jurisdiction relating to motor vehicle traffic control, arising in connection with a fatal accident, other than parking, vehicle weight or vehicle defect violations, or violations described in par. (a) 8. or (am).
SECTION 20. 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 the person is convicted of violating s. 343.14 (5) or 345.17, if and the violation of s. 343.14 (5) or 345.17 relates to an application for a commercial driver license or if the person's commercial driver license is cancelled by the secretary under s. 343.25 (1) or (5).
SECTION 21. 343.315 (2) (h) of the statutes is amended to read:
343.315 (2) (h) Except as provided in par. (i), a person is shall be disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year 2 years 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, if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.
SECTION 22. 343.315 (2) (i) of the statutes is amended to read:
343.315 (2) (i) If the violation listed in par. (h) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period 3 years for a 2nd or subsequent conviction, 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.
SECTION 23. 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, or the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:
SECTION 24. 343.315 (2) (L) of the statutes is created to read:
343.315 (2) (L) If the department receives notice from another jurisdiction of a failure to comply violation by a person issued a commercial driver license by the the department arising from the person's failure to appear to contest a citation issued in that jurisdiction or failure to pay a judgment entered against the person in that jurisdiction, the person is disqualified from operating a commercial motor vehicle until the department receives notice from the other jurisdiction terminating the failure to comply violation except that the disqualification may not be less than 30 days nor more than 2 years.
SECTION 25. 343.315 (3) (b) of the statutes 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 to (j), or (L), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or to (j), or (L). 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.
SECTION 26. 343.315 (3) (bm) of the statutes is created to read:
343.315 (3) (bm) Notwithstanding pars. (a) and (b) and the time periods for disqualification specified in sub. (2), if a person is convicted in another jurisdiction of a disqualifying offense specified in sub. (2) while the person is not licensed in or a resident of this state, that other jurisdiction disqualified the person from operating a commercial motor vehicle as a result of the conviction, and the period of disqualification in that other jurisdiction has expired, the department may not disqualify the person from operating a commercial motor vehicle as a result of the conviction.
SECTION 27. 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 28. 343.44 (2) (bm) of the statutes is amended to read:
343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5. forfeit $2,500 for the first offense and $5,000 for the 2nd or subsequent offense within 10 years.
SECTION 29. 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 9350. Initial applicability; Transportation.
(1) COMMERCIAL DRIVER LICENSES AND COMMERCIAL MOTOR VEHICLES.
(a) The treatment of section 343.315 (2) (a) 8. of the statutes first applies to violations committed on September 30, 2005.
(b) The treatment of sections 343.315 (2) (h) and (i) and 343.44 (1) (c), (2) (bm), and (4r) of the statutes first applies to violations committed on the effective date of this paragraph, but does not preclude the counting of other violations as prior violations for purposes of administrative action by the department of transportation or sentencing by a court.
SECTION 9450. Effective dates; Transportation.
(1) COMMERCIAL DRIVER LICENSES AND COMMERCIAL MOTOR VEHICLES.
(a) The treatment of sections 343.03 (7) (c), 343.16 (1) (b) 2., 343.20 (2) (b), 343.23 (4) (a), 343.245 (4) (b), 343.315 (1), (1g), (2) (a) (intro.), 5., and 8., (am), (b), (bm), (c), (e), (f) (intro.) and 2., (fm), (h), (i), (j) (intro.), and (L), (3) (b) and (bm), and 343.44 (1) (c), (2) (bm), and (4r) of the statutes, the amendment of section 343.23 (2) (b) of the statutes, and SECTION 9350 (1) of this act take effect on the first day of the 7th month beginning after publication.
(b) The repeal and recreation of section 343.23 (2) (b) of the statutes takes effect on the first day of the 7th month beginning after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.
(End)
LRB-0321LRB-0321/2
ARG:wlj&bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0015 - License plate program reissuance
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Current law requires DOT to establish new designs for most vehicle registration plates every ten years and to issue the new plates on a rolling basis as vehicle registrations are renewed by the vehicle owners.
This bill eliminates the current ten-year redesign and reissuance schedule for most vehicle registration plates and instead requires that registration plates be redesigned and reissued at intervals determined by DOT.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 341.135 (1) and (2m) of the statutes are consolidated, renumbered 341.135 and amended to read:
341.135 Rebasing registration plates. Every 10th year, the At intervals determined by the department, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified in this subsection section shall be as similar in appearance as practicable during each 10-year design interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each 10-year design interval shall be of the design established under this subsection section. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2010. Except for registration plates issued under s. 341.14 (6r) (f) 53., 54., or 55., the first design cycle for registration plates issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am) began July 1, 2000. (2m) APPLICABILITY. Notwithstanding s. 341.13 (3), as the department establishes new designs for registration plates under this section, the department shall, at the time determined appropriate by the department, issue registration plates of the new design to replace registration plates previously issued. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m.
SECTION 2. 341.135 (1) (title) of the statutes is repealed.
SECTION 3. 341.135 (2) of the statutes is repealed.
(End)
LRB-0322LRB-0322/3
ARG:kjf:md
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0016 - No cost identification card for medical surrender or cancellation of driver's license
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
