1997 Wisconsin Act 84

84,36 Section 36 . 343.307 (1) (intro.) of the statutes is amended to read:

343.307 (1) (intro.) The court shall count the following to determine the length of a revocation or suspension under s. 343.30 (1q) (b) and to determine the penalty under s. 346.65 (2):

84,37 Section 37 . 343.31 (1) (b) of the statutes is amended to read:

343.31 (1) (b) Upon the 2nd or any subsequent conviction for operation of a motor vehicle while under the influence of an intoxicant, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in accordance with the order of the court. This paragraph does not apply to a law of a federally recognized American Indian tribe or band in this state.

84,38 Section 38 . 343.31 (1) (e) of the statutes is renumbered 343.31 (2r) and amended to read:

343.31 (2r) Perjury The department shall suspend a person's operating privilege upon receiving a record of conviction showing that the person has been convicted of perjury or the making of a false affidavit or the making of a false statement or certification to the department under this chapter or any other law relating to the ownership or operation of motor vehicles.

84,39 Section 39 . 343.31 (1) (h) of the statutes is repealed.

84,40 Section 40 . 343.31 (1) (hm) of the statutes is created to read:

343.31 (1) (hm) A violation of 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 a local ordinance in conformity therewith within the 5-year period preceding the violation. Revocation under this paragraph shall be for a period of 6 months unless a lesser period of revocation is ordered under s. 343.30 (1g) (b).

84,41 Section 41 . 343.31 (1m) of the statutes is repealed.

84,42 Section 42 . 343.31 (2) of the statutes is amended to read:

343.31 (2) The department shall revoke or suspend, respectively, the operating privilege of any resident upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation or suspension under this section or for revocation under s. 343.30 (1q). Such offenses shall include violation of any law of another jurisdiction that prohibits use of a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof, or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke or suspend, respectively, the privilege of the nonresident to operate a motor vehicle in this state. Such suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state.

84,43 Section 43 . 343.31 (2m) of the statutes is amended to read:

343.31 (2m) The department may suspend or revoke, respectively, the operating privilege of any resident upon receiving notice of the conviction of that person of under a law of another jurisdiction or a federally recognized American Indian tribe or band in this state for an offense which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have permitted suspension or revocation of the person's operating privilege under s. 343.30 (1g). Upon receiving similar notice with respect to a nonresident, the department may suspend or revoke the privilege of the nonresident to operate a motor vehicle in this state. The suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state. A suspension or revocation under this subsection shall be for any period not exceeding 6 months.

84,44 Section 44 . 343.31 (2u) of the statutes is created to read:

343.31 (2u) The department shall suspend the operating privilege of a person who has been issued an occupational license upon receiving a record of conviction showing that the person has been convicted of any of the following offenses.

(a) Any offense that may be counted under s. 351.02 (1) (a), other than s. 351.02 (1) (a) 5.

(b) Exceeding by 20 or more miles per hour any lawful or posted maximum speed limit.

(c) Participating in any race or speed or endurance contest.

84,45 Section 45 . 343.31 (3) (b) of the statutes is amended to read:

343.31 (3) (b) If the suspension revocation results from a first conviction of operation of a motor vehicle while under the influence of an intoxicant, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving and the conviction occurs in another jurisdiction, the period of suspension revocation shall be 6 months.

84,46 Section 46 . 343.31 (3) (bm) 1. of the statutes is amended to read:

343.31 (3) (bm) 1. The department shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.

84,47 Section 47 . 343.31 (3) (bm) 2. of the statutes is amended to read:

343.31 (3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the department shall suspend revoke the person's operating privilege for not less than 6 months nor more than 9 months. If an Indian tribal court in this state suspends revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 6 months nor more than 9 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of suspension revocation. The person is eligible for an occupational license under s. 343.10 at any time.

84,48 Section 48 . 343.31 (3) (bm) 4m. of the statutes is amended to read:

343.31 (3) (bm) 4m. If the Indian tribal court that convicted the person determined that there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the conviction, the applicable minimum and maximum suspension or revocation periods under subd. 2., 3. or 4. for the conviction are doubled.

84,49 Section 49. 343.31 (3) (g) of the statutes is repealed.

84,50 Section 50 . 343.31 (3) (h) of the statutes is repealed.

84,51 Section 51 . 343.31 (4) of the statutes is repealed.

84,52 Section 52 . 343.315 (1) (a) of the statutes is repealed.

84,53 Section 53 . 343.315 (1) (b) of the statutes is renumbered 343.315 (1) and amended to read:

343.315 (1) (title) General Employer responsibility. An employer may not allow, permit or authorize a driver who is disqualified to operate a commercial motor vehicle during a period of disqualification after March 31, 1992. An employer who knowingly violates this paragraph subsection shall be fined not more than $5,000 or imprisoned for not more than 90 days or both. An employer who negligently violates this paragraph subsection shall forfeit not more than $2,500.

84,54 Section 54 . 343.32 (1) (b) of the statutes is renumbered 343.32 (1s) and amended to read:

343.32 (1s) Such The secretary shall suspend the operating privilege of any person who has been convicted under state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law of altering the person's license, loaning the person's license to another or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license.

84,55 Section 55 . 343.32 (1) (d) of the statutes is repealed.

84,56 Section 56 . 343.32 (1m) (b) (intro.), 2. and 3. of the statutes are amended to read:

343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under s. 961.50. The person is eligible for an occupational license under s. 343.10 as follows:

2. For a 2nd conviction within a 5-year period, after the first 60 days of the suspension or revocation period.

3. For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension or revocation period.

84,57 Section 57 . 343.32 (2) (a) of the statutes is amended to read:

343.32 (2) (a) The secretary may suspend or revoke a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. For the purpose of determining when to suspend or revoke an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.

84,58 Section 58 . 343.32 (2) (bg) of the statutes is amended to read:

343.32 (2) (bg) The scale adopted by the secretary shall assign, for each conviction, 6 3 demerit points for operating a commercial motor vehicle while disqualified, revoked, suspended or out-of-service under s. 343.44 or a local ordinance in conformity therewith.

84,59 Section 59 . 343.32 (2) (c) of the statutes is amended to read:

343.32 (2) (c) In order for the secretary to suspend or revoke an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.

84,60 Section 60 . 343.32 (2) (g) of the statutes is repealed.

84,61 Section 61 . 343.32 (6) of the statutes is amended to read:

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

84,62 Section 62 . 343.38 (1) (c) of the statutes is renumbered 343.38 (1) (c) 1. and amended to read:

343.38 (1) (c) 1. Unless 3 years have elapsed since the expiration of the period of revocation Except as provided in subd. 2., files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344. Such proof of financial responsibility shall be maintained at all times during such 3-year period when the license is in effect. This subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation.

2. No such proof under subd. 1. shall be required for a any of the following:

a. A vehicle subject to the requirements of s. 121.53, 194.41 or 194.42 or a.

b. A vehicle owned by or leased to the United States, this state or any county or municipality of this state.

84,63 Section 63 . 343.38 (1) (c) 2. c. and d. of the statutes are created to read:

343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s. 343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.

d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2) and if, within the 10-year preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2).

84,64 Section 64 . 343.38 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fee specified in s. 343.21 (1) (j).

84,65 Section 65 . 343.38 (3) of the statutes is amended to read:

343.38 (3) Reinstatement after suspension. Except as provided in s. 343.10, the department shall not issue a license to a person whose operating privilege has been duly suspended while the suspension remains in effect. Upon the expiration of the period of suspension, the person's operating privilege is automatically reinstated as provided in s. 343.39.

84,66 Section 66 . 343.39 (1) (a) of the statutes is amended to read:

343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated and, the reinstatement fee specified in s. 343.21 (1) (j) has been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

84,67 Section 67 . 343.44 (title) of the statutes is repealed and recreated to read:

343.44 (title) Operating while suspended, revoked, ordered out-of-service or disqualified.

84,68 Section 68 . 343.44 (1) of the statutes is repealed and recreated to read:

343.44 (1) Operating offenses. (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.

(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.

84,69 Section 69 . 343.44 (1g) of the statutes is created to read:

343.44 (1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.

84,70 Section 70 . 343.44 (2) of the statutes is repealed and recreated to read:

343.44 (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.

(am) Any person who violates sub. (1) (b) before the first day of the 13th month beginning after publication .... [revisor inserts date], may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.

(b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

1. The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d).

2. The class of vehicle operated by the person.

3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.

4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under s. 343.307 (2).

5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.

(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.

84,71 Section 71 . 343.44 (2g) of the statutes is repealed.

84,72 Section 72 . 343.44 (2m) of the statutes is repealed.

84,73 Section 73 . 343.44 (2p) (intro.) of the statutes is amended to read:

343.44 (2p) (title) Sentencing option. (intro.) The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) or (2m) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:

84,74 Section 74 . 343.44 (2r) of the statutes is amended to read:

343.44 (2r) (title) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) or (2m) shall be counted. The vehicle operated at the time of the offense shall determine whether the penalties of sub. (2) or (2m) apply.

84,75 Section 75 . 343.44 (2s) of the statutes is amended to read: