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2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 933
February 7, 2006 - Offered by Representative Rhoades.
AB933-ASA1,1,4 1An Act to amend 118.163 (2) (a), 343.10 (8) (intro.), 343.15 (1) (b), 343.15 (4) (b)
2and 938.342 (1g) (a); and to create 118.125 (2) (em), 118.16 (2) (cg) 5., 118.16
3(2) (cv), 343.10 (8m) and 343.343 of the statutes; relating to: suspension of a
4motor vehicle operating privilege for habitual truancy.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB933-ASA1, s. 1 5Section 1. 118.125 (2) (em) of the statutes is created to read:
AB933-ASA1,1,106 118.125 (2) (em) School attendance records may be released to the department
7of transportation if the pupil's parent or guardian has given written permission
8under s. 343.15 (1) (b), if the pupil has given written permission under s. 343.15 (4)
9(b), or if the school obtains written permission from the pupil's parent or guardian
10for the release of these records.
AB933-ASA1, s. 2 11Section 2. 118.16 (2) (cg) 5. of the statutes is created to read:
AB933-ASA1,2,2
1118.16 (2) (cg) 5. A statement that the child's operating privilege is subject to
2suspension at the end of the semester under s. 343.343.
AB933-ASA1, s. 3 3Section 3. 118.16 (2) (cv) of the statutes is created to read:
AB933-ASA1,2,84 118.16 (2) (cv) At the end of each semester, shall provide to the department of
5transportation the name of each pupil who is a habitual truant if the pupil's parent
6or guardian has given written permission under s. 343.15 (1) (b), if the pupil has
7given written permission under s. 343.15 (4) (b), or if the school obtains written
8permission from the pupil's parent or guardian for the release of these records.
AB933-ASA1, s. 4 9Section 4. 118.163 (2) (a) of the statutes is amended to read:
AB933-ASA1,2,1510 118.163 (2) (a) Suspension of the person's operating privilege for not less than
1130 days nor more than one year. A suspension under this subsection may be imposed
12in addition to a suspension of the person's operating privilege under s. 343.343.
The
13court shall immediately take possession of any suspended license and forward it to
14the department of transportation together with a notice stating the reason for and
15the duration of the suspension.
AB933-ASA1, s. 5 16Section 5. 343.10 (8) (intro.) of the statutes is amended to read:
AB933-ASA1,2,2117 343.10 (8) Violation of restrictions. (intro.) Any Except as provided in sub.
18(8m), any
person who violates a restriction on an occupational license as to hours of
19the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an
20ignition interlock device, sobriety or use of alcohol, controlled substances or
21controlled substance analogs shall be:
AB933-ASA1, s. 6 22Section 6. 343.10 (8m) of the statutes is created to read:
AB933-ASA1,2,2523 343.10 (8m) Violation of restrictions by habitual truants. A person whose
24operating privilege is suspended under s. 343.343 and who violates any restriction
25on an occupational license may be prosecuted under s. 343.343 (2).
AB933-ASA1, s. 7
1Section 7. 343.15 (1) (b) of the statutes is amended to read:
AB933-ASA1,3,132 343.15 (1) (b) The adult sponsor under par. (a) shall sign and verify on the
3application that the person under 18 years of age is enrolled in a school program or
4high school equivalency program and is not a habitual truant as defined in s. 118.16
5(1) (a), has graduated from high school or been granted a declaration of high school
6graduation equivalency or is enrolled in a home-based private educational program,
7as defined in s. 115.001 (3g), and, if the person is enrolled in a school program or high
8school equivalency program, shall grant written permission for the person's school
9program to release records of the person's attendance to the department. If the adult
10sponsor under par. (a) is not the person's parent or guardian, the person's parent or
11guardian shall grant written permission for the person's school program to release
12records of the person's attendance to the department, if the person is enrolled in a
13school program or high school equivalency program
.
AB933-ASA1, s. 8 14Section 8. 343.15 (4) (b) of the statutes is amended to read:
AB933-ASA1,3,2315 343.15 (4) (b) A person who is not required to have an adult sponsor under par.
16(a) shall sign and verify on the application that he or she is enrolled in a school
17program or high school equivalency program and is not a habitual truant as defined
18in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of
19high school graduation equivalency or is enrolled in a home-based private
20educational program, as defined in s. 115.001 (3g), and, if the person is enrolled in
21a school program or high school equivalency program, shall grant written permission
22for the person's school program to release records of the person's attendance to the
23department
.
AB933-ASA1, s. 9 24Section 9. 343.343 of the statutes is created to read:
AB933-ASA1,4,4
1343.343 Suspension of operating privileges for habitual truants. (1)
2The department shall suspend for 6 months the operating privileges of a person who
3is under the age of 18 and who is reported as a habitual truant under s. 118.16 (2)
4(cv).
AB933-ASA1,4,8 5(2) No person whose operating privilege is suspended under sub. (1) and who
6obtains an occupational license under s. 343.10 may violate any restriction on an
7occupational license. The department shall suspend the operating privilege of a
8person who violates this subsection for one year.
AB933-ASA1, s. 10 9Section 10. 938.342 (1g) (a) of the statutes is amended to read:
AB933-ASA1,4,1510 938.342 (1g) (a) Suspend the person's operating privilege, as defined in s.
11340.01 (40), for not less than 30 days nor more than one year. A suspension under
12this subsection may be imposed in addition to a suspension of the person's operating
13privilege under s. 343.343.
The court shall immediately take possession of the
14suspended license and forward it to the department of transportation together with
15a notice stating the reason for and duration of the suspension.
AB933-ASA1, s. 11 16Section 11. Effective date.
AB933-ASA1,4,1717 (1) This act takes effect on September 1, 2006.
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