1995 Wisconsin Act 269

269,19 Section 19 . 343.10 (7) (e) and (f) of the statutes are amended to read:

343.10 (7) (e) The occupational license issued by the department shall contain such the restrictions as are ordered by the judge. In addition to such restrictions an required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle not to exceed 12 hours per day and then only when such that operation is an essential part of the licensee's occupation or trade. If the order permits operation of commercial motor vehicles and the department determines that the petitioner applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.

(f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.

269,20 Section 20. 343.10 (9) of the statutes is amended to read:

343.10 (9) Notice. The department shall inform a person whose operating privilege has been is revoked or suspended under this chapter of his or her right to petition the court apply to the department for issuance of an occupational license under this section.

269,21 Section 21 . 343.10 (10) (title) of the statutes is repealed.

269,22 Section 22 . 343.10 (10) (a) of the statutes, as affected by 1995 Wisconsin Act 113, is renumbered 343.10 (1) (d) and amended to read:

343.10 (1) (d) If the petitioner's applicant's commercial driver license has been suspended or revoked for a violation of s. 346.63 (1) 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. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, a petition an application seeking issuance of an occupational license authorizing operation of “Class A", “Class B" or “Class C" vehicles may be filed directly with the department. The petition application may also seek authorization to operate “Class D" or “Class M" vehicles.

269,23 Section 23 . 343.10 (10) (am) of the statutes is renumbered 343.10 (1) (f) and amended to read:

343.10 (1) (f) If the petitioner's applicant's commercial driver license has been suspended or revoked under ch. 344, a petition an application seeking issuance of an occupational license authorizing operation of “Class A", “Class B" or “Class C" vehicles may be filed directly with the department. The petition application may not seek authorization to operate “Class D" or “Class M" vehicles.

269,24 Section 24 . 343.10 (10) (b) of the statutes is renumbered 343.10 (7) (g) and amended to read:

343.10 (7) (g) There Notwithstanding sub. (2) (a) 4., there shall be no minimum waiting period before the issuance of an occupational license under this subsection authorizing operation of only “Class A", “Class B" or “Class C" vehicles if the applicant's commercial driver license has been suspended or revoked for a violation of s. 346.63 (1) 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. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation or has been suspended or revoked under ch. 344. If the petition application also seeks authorization to operate “Class D" or “Class M" vehicles, the department may issue an occupational license if at least 15 days have elapsed since the date of suspension or revocation unless another minimum waiting period or eligibility at any time is provided by law.

269,25 Section 25 . 343.10 (10) (bm) of the statutes is renumbered 343.10 (1) (e) and amended to read:

343.10 (1) (e) If the petitioner's applicant's commercial driver license has been suspended or revoked under s. 343.32 (2), a petition an application seeking issuance of an occupational license authorizing operation of “Class A", “Class B" or “Class C" vehicles may be filed directly with the department. The petition application may also seek authorization to operate “Class D" or “Class M" vehicles. The department may issue an occupational license after at least 15 days have elapsed since the date of suspension or revocation.

269,26 Section 26 . 343.10 (10) (c) and (d) of the statutes are repealed.

269,27 Section 27 . 343.30 (1q) (b) 6. of the statutes is repealed.

269,28 Section 28 . 343.30 (3) of the statutes is amended to read:

343.30 (3) The judge who court that ordered the issuance of an occupational license under sub. (4) may revoke such the license whenever the judge court, upon the facts, does not see fit to permit the licensee to retain the occupational license. Such The revocation shall be for a period of one year.

269,29 Section 29 . 343.305 (10) (b) 6. of the statutes is repealed.

269,30 Section 30 . 343.31 (3m) of the statutes is amended to read:

343.31 (3m) (a) Any person who has his or her operating privilege revoked under sub. (3) (c) or (f) may apply is eligible for an occupational license under s. 343.10 after the first 120 days of the revocation period.

(b) Any person who has his or her operating privilege revoked under sub. (3) (e) may apply is eligible for an occupational license under s. 343.10 after the first 60 days of the revocation period.

269,31 Section 31 . 343.32 (6) of the statutes is amended to read:

343.32 (6) There shall be no minimum waiting period before a petition for issuance of an occupational license under s. 343.10 to a person whose operating privilege has been suspended or revoked under sub. (2) may be considered if the person is otherwise eligible for issuance of an occupational license.

269,32 Section 32 . 343.345 of the statutes is repealed.

269,33 Section 33 . 345.47 (4) of the statutes is repealed.

269,34 Section 34 . 351.07 (1) and (1m) of the statutes are amended to read:

351.07 (1) A person whose operating privilege has been revoked under this chapter as a habitual traffic offender may, after 2 years of the period of revocation have elapsed, petition a judge of the circuit court for the county in which the person resides for an order authorizing the issuance of an occupational license allowing the operation of vehicles other than commercial motor vehicles. The person's petition shall include a compelling reason why the person should be granted an occupational license and additional reasons why the judge should believe that the person's previous conduct as a traffic offender will not be repeated. The judge shall state his or her reasons for granting or denying the petition on the record. If the judge grants the petition, the judge shall issue an order authorizing the issuance of an occupational license, limited to the operation of vehicles other than commercial motor vehicles, to the person under s. 343.10. The clerk of the court shall file a copy of the order with the department, which shall become a part of the records of the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of s. 343.10.

(1m) Any person whose petition for issuance of an occupational license under sub. (1) is granted may petition apply to the department for authorization to operate commercial motor vehicles. The petitioner applicant shall proceed as provided in s. 343.10.

269,35 Section 35 . 351.07 (1g) of the statutes is created to read:

351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) and retain the balance for the use of the county.

269,36 Section 36 . 814.61 (14) of the statutes is created to read:

814.61 (14) Petition for occupational license. On filing a petition for an occupational license under s. 343.10 (4), $40.

269,37 Section 37 . Initial applicability.

(1) This act first applies to an application or petition for an occupational license or for an amendment of an occupational license restriction submitted on the effective date of this subsection.

269,38 Section 38 . Effective date.

(1) This act takes effect on the first day of the 6th month beginning after publication.