1997 Wisconsin Act 84

84,6 Section 6 . 341.63 (2) and (3) of the statutes are amended to read:

341.63 (2) Any registration suspended pursuant to under this section or ch. 344 continues to be suspended until reinstated by the department. The department shall reinstate the registration when the reason for the suspension has been removed.

(3) Whenever the registration of a vehicle is suspended under this section or ch. 344, the department may order the owner or person in possession of the registration plates to return them to the department. Any person who fails to return the plates when ordered to do so by the department may be required to forfeit not more than $200.

84,7 Section 7 . 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, occupational 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. Any person who is known to the department to be subject to disqualification under s. 343.315 (1) (a) as described in s. 343.44 (1) (d) shall be disqualified by the department, unless the required period of disqualification has already expired.

84,8 Section 8 . 343.085 (3) of the statutes is amended to read:

343.085 (3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section.

84,9 Section 9. 343.085 (5) of the statutes is amended to read:

343.085 (5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations suspensions under s. 343.32.

84,10 Section 10 . 343.10 (1) (e) of the statutes is amended to read:

343.10 (1) (e) If the applicant's commercial driver license has been suspended or revoked under s. 343.32 (2), an application seeking issuance of an occupational license authorizing operation of “Class A", “Class B" or “Class C" vehicles may be filed with the department. The application may also seek authorization to operate “Class D" or “Class M" vehicles.

84,11 Section 11 . 343.10 (2) (dm) of the statutes is created to read:

343.10 (2) (dm) A person whose operating privilege is suspended or revoked under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for an occupational license.

84,12 Section 12 . 343.10 (8) of the statutes is repealed and recreated to read:

343.10 (8) Violation of restrictions. Any person who violates a restriction on an occupational license 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 shall be:

(a) Prosecuted under s. 343.44 (1) (a) if the occupational license was issued while the person's operating privilege was suspended.

(b) Prosecuted under s. 343.44 (1) (b) if the occupational license was issued while the person's operating privilege was revoked.

84,13 Section 13 . 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 which might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. When the department requires the applicant to submit to an examination, the applicant shall pay the cost thereof. 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 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 therewith 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, 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 suspend revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).

84,14 Section 14 . 343.18 (3) (a) of the statutes is amended to read:

343.18 (3) (a) Except as provided in pars. (b) and par. (c), any person who violates sub. (1) shall forfeit not more than $200.

84,15 Section 15 . 343.18 (3) (b) of the statutes is repealed.

84,16 Section 16 . 343.23 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 184, is amended to read:

343.23 (2) (b) The information specified in par. (a) 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 in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and 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) 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 or revocation 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 or revocation.

84,17 Section 17 . 343.30 (1) of the statutes is amended to read:

343.30 (1) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under ch. 349. In exercising the authority to suspend or revoke an operating privilege, the court may suspend such privilege only when the operator's operating privilege has not been suspended or revoked previously, except under s. 344.14 (1), or when the operator's present demerit point accumulation is not more than 25% above the demerit point accumulation set for suspension or revocation. In all other cases under this section, the court shall revoke the operating privilege of such operator.

84,18 Section 18 . 343.30 (1g) of the statutes is renumbered 343.30 (1g) (a) and amended to read:

343.30 (1g) (a) A Except as provided in par. (b), a court may revoke suspend a person's operating privilege for any period not exceeding 6 months upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked.

(b) A court shall 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 by operating a motor vehicle while operating privileges are suspended or revoked if the suspension or revocation was for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (2) or (6), 940.09 (1) or 940.25 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. The revocation shall be for any a period not exceeding 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.

84,19 Section 19 . 343.30 (1n) of the statutes is amended to read:

343.30 (1n) A court shall suspend the operating privilege of a person for a period of 15 days upon the person's conviction by the court of exceeding the applicable speed limit as established by s. 346.57 (4) (gm) or (h), by 25 or more miles per hour. If the conviction makes the person subject to revocation under s. 343.32 or suspension or revocation under s. 343.085 or 343.32, the court shall immediately suspend the license, taking possession of the license and shall forward it to order the suspension of the person's operating privilege and notify the department which secretary of the order. Upon receiving the notice, the secretary shall proceed to act as authorized under s. 343.32 or 343.085, but any revocation or. Any suspension by the secretary under this subsection shall date from the day the court took possession secretary acts on the order of suspension of the license operating privilege.

84,20 Section 20 . 343.30 (1q) (b) 1. of the statutes is amended to read:

343.30 (1q) (b) 1. The court 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.

84,21 Section 21 . 343.30 (1q) (b) 2. of the statutes is amended to read:

343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall suspend revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.

84,22 Section 22 . 343.30 (1q) (b) 4m. of the statutes is amended to read:

343.30 (1q) (b) 4m. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the applicable minimum and maximum suspension or revocation periods under subd. 2., 3. or 4. for the conviction are doubled.

84,23 Section 23 . 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., 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 license suspension revocation of the person's operating privilege until the person is in compliance. The assessment order shall:

84,24 Section 24 . 343.30 (1q) (d) of the statutes is amended to read:

343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, controlled substances or controlled substance analogs, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall suspend revoke the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a suspension revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

84,25 Section 25 . 343.30 (1z) of the statutes is amended to read:

343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655 and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 5 2 years. Any period of suspension under this subsection is subject to sub. (1q) (h).

84,26 Section 26 . 343.30 (2d) of the statutes is amended to read:

343.30 (2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07, if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension or revocation shall be for one year or until discharge from prison or jail sentence or probation or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the suspension or revocation, entitles the holder to reinstatement of operating privileges. The holder may be required to present the certificate to the secretary if the secretary deems necessary.

84,27 Section 27 . 343.30 (2g) of the statutes is created to read:

343.30 (2g) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon conviction of that person for violating s. 346.67, 346.68 or 346.69. This subsection does not apply to circumstances that require the department to revoke a person's operating privilege under s. 343.31 (1) (d) or (3) (i) or (j).

84,28 Section 28 . 343.30 (2m) of the statutes is amended to read:

343.30 (2m) A court may suspend a person's operating privilege upon such person's first conviction of the person for violating s. 346.93 and may revoke a person's operating privilege upon such person's second or subsequent conviction for violating s. 346.93. Such suspension or revocation shall be for a period of not less than 30 days nor more than one year.

84,29 Section 29 . 343.30 (3) of the statutes is amended to read:

343.30 (3) The court that ordered the issuance of an occupational license under sub. (4) s. 343.10 (4) (b) may revoke withdraw the order to issue the license whenever the court, upon the facts, does not see fit to permit the licensee to retain the occupational license. The revocation shall be for a period of one year Upon receiving notice that a court has withdrawn its order to issue an occupational license, the department shall cancel that license.

84,30 Section 30 . 343.30 (6) (b) (intro.) of the statutes is amended to read:

343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

84,31 Section 31 . 343.30 (6) (b) 3. of the statutes is amended to read:

343.30 (6) (b) 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more than 2 years.

84,32 Section 32 . 343.30 (6) (c) of the statutes is amended to read:

343.30 (6) (c) Except as provided by par. (d), the suspension or revocation of the operating privilege under this subsection shall commence on the date of disposition.

84,33 Section 33 . 343.30 (6) (d) of the statutes is amended to read:

343.30 (6) (d) If the person subject to suspension or revocation under this subsection does not hold a valid license under this chapter other than a license under s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par. (b) shall commence on the date that such a license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition, whichever occurs first.

84,34 Section 34 . 343.30 (6) (e) of the statutes is repealed.

84,35 Section 35 . 343.305 (10) (d) of the statutes is amended to read:

343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, controlled substances or controlled substance analogs, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall suspend revoke the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a suspension revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

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.