LRB-1402/2
RPN&TNF:jrd:jlb
1995 - 1996 LEGISLATURE
February 6, 1995 - Introduced by Representatives Wirch, Bell, Urban,
Hasenohrl, Underheim, Notestein, Carpenter, Black, Wood, Dobyns, Hahn,
Ryba, Kreuser, Wasserman, Gunderson
and Krusick, cosponsored by
Senators Darling and Weeden. Referred to Committee on Highways and
Transportation.
AB106,1,8 1An Act to repeal 340.01 (23v) and (23w), 343.10 (2) (e), 343.10 (5) (a) 3., 343.10
2(7) (cm), 343.305 (4) (b) and (c), 343.305 (10m), 343.38 (5), 343.39 (3), 346.65 (6),
3347.413, 347.417, 347.50 (1s), 940.09 (1d) and 940.25 (1d); to renumber 351.11;
4to amend 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 2., 343.23 (2), 343.30
5(1q) (b) 4., 343.305 (10) (b) 4., 343.31 (2), 343.31 (3) (a) (intro.), 343.31 (3) (bm)
64., 343.44 (1) and 347.50 (1); and to create 343.10 (2) (f), 343.445 and 351.11
7(2) of the statutes; relating to: revocation of motor vehicle operating privileges
8for life and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of operating a motor vehicle while
under the influence of an intoxicant or controlled substance or both (OWI) after
having 2 or more prior OWI convictions, suspensions or revocations within 10 years,
the court must revoke the person's operating privilege for not less than 2 years or
more than 3 years. If a person refuses to submit to a test for intoxication and has 2
or more prior OWI convictions, suspensions or revocations within 10 years, the court
must revoke the person's operating privilege for 3 years. In addition, any motor
vehicle owned by the person may be immobilized, seized and forfeited or equipped
with an ignition interlock device. The person may be eligible for an occupational
license but the vehicle that he or she uses may have to be equipped with an ignition
interlock device and certain other conditions may be imposed on the driver. This bill
revokes a person's operating privilege for life if he or she is convicted of an OWI
offense after having 2 or more prior OWI-related convictions, suspensions and

revocations within 10 years. The person is also never eligible for an occupational
license.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB106, s. 1 1Section 1. 340.01 (23v) and (23w) of the statutes are repealed.
AB106, s. 2 2Section 2. 342.13 (1) of the statutes is amended to read:
AB106,2,123 342.13 (1) If a certificate of title is lost, stolen, mutilated or destroyed or
4becomes illegible, the owner or legal representative of the owner named in the
5certificate, as shown by the records of the department, shall promptly make
6application for and may obtain a replacement upon furnishing information
7satisfactory to the department. The replacement certificate of title shall contain the
8legend "This is a replacement certificate and may be subject to the rights of a person
9under the original certificate". If applicable under s. 346.65 (6), the replacement
10certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin
11statutes, ownership of this motor vehicle may not be transferred without prior court
12approval".
AB106, s. 3 13Section 3. 343.10 (2) (a) (intro.) of the statutes is amended to read:
AB106,2,1514 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), a person is eligible
15for an occupational license if the following conditions are satisfied:
AB106, s. 4 16Section 4. 343.10 (2) (e) of the statutes is repealed.
AB106, s. 5 17Section 5. 343.10 (2) (f) of the statutes is created to read:
AB106,2,1918 343.10 (2) (f) A person whose operating privilege has been permanently
19revoked is not eligible for an occupational license.
AB106, s. 6 20Section 6. 343.10 (5) (a) 2. of the statutes is amended to read:
AB106,3,6
1343.10 (5) (a) 2. If the petitioner has 2 or more convictions, suspensions or
2revocations, as counted under s. 343.307 (1), the order for issuance of an occupational
3license shall prohibit the petitioner from driving or operating a motor vehicle while
4he or she has a blood alcohol concentration of more than 0.0% by weight of alcohol
5in the person's blood or more than 0.0 grams of alcohol in 210 liters of that person's
6breath.
AB106, s. 7 7Section 7. 343.10 (5) (a) 3. of the statutes is repealed.
AB106, s. 8 8Section 8. 343.10 (7) (cm) of the statutes is repealed.
AB106, s. 9 9Section 9. 343.23 (2) of the statutes is amended to read:
AB106,4,1510 343.23 (2) The department shall maintain a file for each licensee containing the
11application for license, permit or endorsement, a record of reports or abstract of
12convictions, the status of the licensee's authorization to operate different vehicle
13groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9)
14(am) and a record of any reportable accident in which the licensee has been involved,
15including specification of the type of license and endorsements issued under this
16chapter under which the licensee was operating at the time of the accident and an
17indication whether or not the accident occurred in the course of the licensee's
18employment as a law enforcement officer, fire fighter or emergency medical
19technician — paramedic or as a person engaged, by an authority in charge of the
20maintenance of the highway, in highway winter maintenance snow and ice removal
21during either a storm or cleanup following a storm. This information must be filed
22by the department so that the complete operator's record is available for the use of
23the secretary in determining whether operating privileges of such person shall be
24suspended, revoked, canceled or withheld in the interest of public safety. The record
25of suspensions, revocations and convictions that would be counted under s. 343.307

1(2) shall be maintained for at least 10 years. The records of revocations for life under
2s. 343.30 (1q) (b) 4., 343.305 (10) (b) 4. or 343.31 (2) or (3) (bm) 4. shall be maintained
3permanently.
The record of convictions for disqualifying offenses under s. 343.315
4(2) (f) shall be maintained for at least 3 years. The record of convictions for
5disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently,
6except that 5 years after a licensee transfers residency to another state such record
7may be transferred to another state of licensure of the licensee if that state accepts
8responsibility for maintaining a permanent record of convictions for disqualifying
9offenses. Such reports and records may be cumulative beyond the period for which
10a license is granted, but the secretary, in exercising the power of revocation granted
11under s. 343.32 (2) may consider only those reports and records entered during the
124-year period immediately preceding the exercise of such power of revocation. For
13purposes of this subsection, "highway winter maintenance snow and ice removal"
14includes plowing, sanding, salting and the operation of vehicles in the delivery of
15those services.
AB106, s. 10 16Section 10. 343.30 (1q) (b) 4. of the statutes is amended to read:
AB106,4,2217 343.30 (1q) (b) 4. If the number of convictions, suspensions and revocations
18within a 10-year period equals 3 or more, the court shall revoke the person's
19operating privilege for not less than 2 years nor more than 3 years. After the first
2090 days of the revocation period, the person is eligible for an occupational license
21under s. 343.10 if he or she has completed the assessment and is complying with the
22driver safety plan ordered under par. (c)
life.
AB106, s. 11 23Section 11. 343.305 (4) (b) and (c) of the statutes are repealed.
AB106, s. 12 24Section 12. 343.305 (10) (b) 4. of the statutes is amended to read:
AB106,5,5
1343.305 (10) (b) 4. If the number of convictions, suspensions and revocations
2in a 10-year period equals 3 or more, the court shall revoke the person's operating
3privilege for 3 years. After the first 120 days of the revocation period, the person is
4eligible for an occupational license under s. 343.10 if he or she has completed the
5assessment and is complying with the driver safety plan
life.
AB106, s. 13 6Section 13. 343.305 (10m) of the statutes is repealed.
AB106, s. 14 7Section 14. 343.31 (2) of the statutes is amended to read:
AB106,5,248 343.31 (2) The department shall revoke or suspend, respectively, the operating
9privilege of any resident upon receiving notice of the conviction of such person in
10another jurisdiction for an offense therein which, if committed in this state, would
11have been cause for revocation or suspension under this section or under s. 343.30
12(1q). Such offenses shall include violation of any law of another jurisdiction that
13prohibits use of a motor vehicle while intoxicated or under the influence of a
14controlled substance, or a combination thereof, or with an excess or specified range
15of alcohol concentration, or under the influence of any drug to a degree that renders
16the person incapable of safely driving, as those or substantially similar terms are
17used in that jurisdiction's laws. Upon receiving similar notice with respect to a
18nonresident, the department shall revoke or suspend, respectively, the privilege of
19the nonresident to operate a motor vehicle in this state. If the conviction would have
20been cause for revocation for life if committed in this state, the department shall
21revoke the privilege of the resident or nonresident for life.
Such suspension or
22revocation of a nonresident's operating privilege shall not apply to the operation of
23a commercial motor vehicle by a nonresident who holds a valid commercial driver
24license issued by another state.
AB106, s. 15 25Section 15. 343.31 (3) (a) (intro.) of the statutes is amended to read:
AB106,6,3
1343.31 (3) (a) (intro.) Except as otherwise provided in this subsection or sub.
2(2) or (2m), all revocations or suspensions under this section shall be for a period of
3one year.
AB106, s. 16 4Section 16. 343.31 (3) (bm) 4. of the statutes is amended to read:
AB106,6,125 343.31 (3) (bm) 4. If the number of suspensions, revocations and convictions
6within a 10-year period equals 3 or more, the department shall revoke the person's
7operating privilege for not less than 2 years nor more than 3 years . If an Indian tribal
8court in this state revokes the person's privilege to operate a motor vehicle on tribal
9lands for not less than 2 years nor more than 3 years for the conviction specified in
10par. (bm) (intro.), the department shall impose the same period of revocation. After
11the first 90 days of the revocation period, the person is eligible for an occupational
12license under s. 343.10
life.
AB106, s. 17 13Section 17. 343.38 (5) of the statutes is repealed.
AB106, s. 18 14Section 18. 343.39 (3) of the statutes is repealed.
AB106, s. 19 15Section 19. 343.44 (1) of the statutes is amended to read:
AB106,6,2516 343.44 (1) No person whose operating privilege has been duly revoked or
17suspended pursuant to under the laws of this state shall operate a motor vehicle upon
18any highway in this state during such suspension or revocation or thereafter before
19filing proof of financial responsibility or before that person has obtained a new
20license in this state, including an occupational license, or the person's operating
21privilege has been reinstated under the laws of this state. This section does not apply
22to persons whose operating privilege is revoked for life under this chapter.
No person
23may operate a commercial motor vehicle while ordered out-of-service as provided
24in s. 343.305 (7) (b) or (9) (am). No person may operate a commercial motor vehicle
25after March 31, 1992, while disqualified as provided in s. 343.315.
AB106, s. 20
1Section 20. 343.445 of the statutes is created to read:
AB106,7,10 2343.445 Operation of motor vehicle by a person whose operating
3privilege is permanently revoked.
No person whose operating privilege has been
4revoked for life under this chapter shall operate a motor vehicle upon any highway
5in this state. Any person who is convicted of operating a motor vehicle upon any
6highway in this state after his or her operating privilege is revoked for life under this
7chapter shall be fined not more than $10,000 and imprisoned in the Wisconsin state
8prisons for not less than one year nor more than 2 years. No portion of the sentence
9may be suspended, except in a case where operating was made necessary by a
10situation of emergency, as determined by the court.
AB106, s. 21 11Section 21. 346.65 (6) of the statutes is repealed.
AB106, s. 22 12Section 22. 347.413 of the statutes is repealed.
AB106, s. 23 13Section 23. 347.417 of the statutes is repealed.
AB106, s. 24 14Section 24. 347.50 (1) of the statutes is amended to read:
AB106,7,1715 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
16347.415 (1), (2) and (3) to (5) or s. 347.417 (1) or s., 347.48 (2m) or (4) (a) or s. 347.489,
17may be required to forfeit not less than $10 nor more than $200.
AB106, s. 25 18Section 25. 347.50 (1s) of the statutes is repealed.
AB106, s. 26 19Section 26. 351.11 of the statutes is renumbered 351.11 (1).
AB106, s. 27 20Section 27. 351.11 (2) of the statutes is created to read:
Loading...
Loading...