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
Transportation
Drivers and motor vehicles
Under current law, DOT issues identification cards, to be used for identification purposes only, to residents who do not possess valid operator's licenses. The fee for initial issuance and renewal of an identification card is $18, plus an additional $10 federal security verification mandate fee. Identification cards are valid for a period of eight years.
Under current law, DOT may require a person holding a motor vehicle operator's license to submit to a special examination to determine incompetency, physical or mental disability, disease, or any other condition that might prevent the person from exercising reasonable and ordinary control over a motor vehicle. After receiving the results of a special examination, DOT may cancel a person's operator's license if it is in the interest of public safety to do so. DOT may also accept the voluntary surrender of a person's operator's license if the person has a mental or physical disability or disease or a medical condition that prevents the person from exercising reasonable control over a motor vehicle.
Under this bill, DOT may not charge a fee to an applicant for the initial issuance of an identification card if: 1) DOT has canceled the applicant's valid operator's license after a special examination of medical condition and, at the time of cancellation, the canceled license was not less than six months from expiring; or 2) DOT has accepted the applicant's voluntary surrender of a valid operator's license based on medical condition and, at the time DOT accepted surrender, the surrendered license was not less than six months from expiring.
Under current law, if DOT cancels a person's operator's license because the person's eyesight does not meet DOT's standards, the person may, without paying any additional fee, retain the license until the license expiration date for use like an identification card if DOT has marked the license accordingly.
This bill repeals this provision of current law.
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. 343.35 (1) (a) of the statutes is renumbered 343.35 (1) and amended to read:
343.35 (1) Except as provided in par. (b), the The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.
SECTION 2. 343.35 (1) (b) of the statutes is repealed.
SECTION 3. 343.43 (1) (a) of the statutes is amended to read:
343.43 (1) (a) Except as provided in s. 343.35 (1) (b), represent Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
SECTION 4. 343.50 (5) of the statutes is renumbered 343.50 (5) (a) 1. and amended to read:
343.50 (5) (a) 1. The Except as provided in subd. 2., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
(b) The card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance.
SECTION 5. 343.50 (5) of the statutes, as affected by 2007 Wisconsin Act 20, section 3381, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
343.50 (5) (a) 1. Except as provided in subd. 2., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
(b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
(c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
SECTION 6. 343.50 (5) (a) 2. of the statutes is created to read:
343.50 (5) (a) 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
