1997 Wisconsin Act 84

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84,67 Section 67 . 343.44 (title) of the statutes is repealed and recreated to read: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84,68 Section 68 . 343.44 (1) of the statutes is repealed and recreated to read: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:

343.44 (2s) Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.

84,76 Section 76 . 343.44 (3) (title) of the statutes is created to read:

343.44 (3) (title) Failure to receive notice.

84,77 Section 77 . 343.44 (4) (title) of the statutes is created to read:

343.44 (4) (title) Impoundment .

84,78 Section 78 . 343.44 (4m) of the statutes is renumbered 343.44 (2) (c) and amended to read:

343.44 (2) (c) In addition to other penalties for violation of this section, if a person has violated violates this section after while his or her operating privilege was is revoked as provided in ch. 351, the penalties shall may be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this subsection paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.

84,79 Section 79 . 343.44 (4r) (title) of the statutes is created to read:

343.44 (4r) (title) Violation of out-of-service order.

84,80 Section 80 . 343.44 (5) (title) of the statutes is created to read:

343.44 (5) (title) Vehicle impoundment; lessors and secured creditors.

84,81 Section 81 . 344.02 (title) of the statutes is amended to read:

344.02 (title) Hearing on revocation suspension or impoundment.

84,82 Section 82 . 344.02 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation suspension or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation suspension if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

84,83 Section 83 . 344.02 (3) of the statutes is amended to read:

344.02 (3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order revocation suspension of the person's operating privilege, or registrations, or both, and may also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.

84,84 Section 84 . 344.02 (4) of the statutes is amended to read:

344.02 (4) The time during which enforcement of an order of revocation suspension or impoundment is stayed pending completion of court review thereof shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for revocation suspension or the period fixed under s. 344.185 (2) (a) or (b) for impoundment.

84,85 Section 85 . 344.04 (title) of the statutes is amended to read:

344.04 (title) Power of court to stay revocation suspension of registration or impoundment of vehicles.

84,86 Section 86 . 344.04 (1) of the statutes is amended to read:

344.04 (1) Notwithstanding any other provision of this chapter, the secretary shall not revoke suspend the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court pursuant to under petition of the registrant in accordance with sub. (2).

84,87 Section 87 . 344.04 (2) of the statutes is amended to read:

344.04 (2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for revocation suspension of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to revoke suspend such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has revoked suspended the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration revoked suspended or the vehicle impounded, the court shall issue an order restraining the secretary from revoking suspending the registration or impounding the vehicle.

84,88 Section 88 . 344.04 (3) of the statutes is amended to read:

344.04 (3) This section does not authorize a court to stay suspension or revocation of an operator's license.

84,89 Section 89 . 344.05 (1) of the statutes is amended to read:

344.05 (1) If a judgment in excess of $500 or more for damages arising out of a motor vehicle accident is not satisfied within 30 days after its having become final by expiration without appeal of the time within which an appeal might have been taken or by final affirmation on appeal, the clerk of the court in which the judgment was rendered, or the judge if the court has no clerk, shall forthwith immediately forward to the secretary a certified copy of the judgment upon request of the judgment creditor or the attorney of record for the judgment creditor.

84,90 Section 90 . 344.08 (title) of the statutes is amended to read:

344.08 (title) Revocation Suspension for failure to report accident.

84,91 Section 91 . 344.08 (1) of the statutes is amended to read:

344.08 (1) The secretary may revoke suspend the operating privilege or registration of any person who fails to report an accident as required by s. 346.70 or to give correctly the information requested by the secretary in connection with such report unless, in the judgment of the secretary, there was excusable cause for such failure or unless the accident did not result in injury or damage to the person or property of anyone other than the person so required to report.

84,92 Section 92 . 344.08 (2) of the statutes is amended to read:

344.08 (2) Any operating privilege suspended or revoked under this section, or suspended or revoked under any other section for failure to report an accident, shall be reinstated in accordance with s. 344.09 at the end of one year following the effective date of the suspension or revocation order if, during such one-year period, no notice of action has been filed with the department in the manner specified in s. 344.18 (1) (d).

84,93 Section 93 . 344.08 (3) of the statutes is repealed.

84,94 Section 94 . 344.09 (title) of the statutes is amended to read:

344.09 (title) Reinstatement of revoked operating privilege and registration.

84,95 Section 95 . 344.09 (1) of the statutes is amended to read:

344.09 (1) Whenever the secretary is satisfied that the reason for revocation of suspending or revoking an operating privilege under this chapter has been removed, including satisfaction of any of the requirements of s. 344.18, the secretary shall order reinstatement of the operating privilege. The department shall give notice of the reinstatement to the person whose operating privilege has been was suspended or revoked in the manner it deems appropriate. The order reinstating a suspended operating privilege has the same effect as an automatic reinstatement under s. 343.39.

84,96 Section 96 . 344.09 (2) of the statutes is amended to read:

344.09 (2) Whenever an operating privilege suspended or revoked pursuant to under this chapter is reinstated, any registration which that was suspended or revoked along with the operating privilege is reinstated and the department shall return any surrendered and unexpired registration plate in its possession.

84,97 Section 97 . 344.12 of the statutes is amended to read:

344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $1,000 or more.

84,98 Section 98 . 344.13 (1) of the statutes is amended to read:

344.13 (1) The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and revocation suspension under s. 344.14 (2).

84,99 Section 99 . 344.13 (2) of the statutes is amended to read:

344.13 (2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for revoking suspending such person's operating privilege but no revocation suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.

84,100 Section 100 . 344.13 (3) of the statutes is amended to read:

344.13 (3) The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of revocation suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of revocation suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.

84,101 Section 101 . 344.14 (title) of the statutes is amended to read:

344.14 (title) Revocation Suspension for failure to deposit security; impoundment of vehicle; exceptions.

84,102 Section 102 . 344.14 (1) of the statutes is amended to read:

344.14 (1) If a person who was given notice pursuant to under s. 344.13 (3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall forthwith revoke immediately suspend the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes proof satisfactory to the secretary that the person comes within one of the exceptions set forth in sub. (2). If the owner and operator are separate persons, only one of them need deposit security or the 2 persons may cooperate in depositing security. Upon request of the owner or operator in question, the secretary may postpone the effective date of a revocation suspension under this section not to exceed 20 days.

84,103 Section 103 . 344.14 (1g) of the statutes is amended to read:

344.14 (1g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (1).

84,104 Section 104 . 344.14 (1m) (intro.) of the statutes is amended to read: