AB795, s. 58 11Section 58. 343.32 (2) (bg) of the statutes is amended to read:
AB795,25,1512 343.32 (2) (bg) The scale adopted by the secretary shall assign, for each
13conviction, 6 3 demerit points for operating a commercial motor vehicle while
14disqualified, revoked, suspended or out-of-service under s. 343.44 or a local
15ordinance in conformity therewith
.
AB795, s. 59 16Section 59. 343.32 (2) (c) of the statutes is amended to read:
AB795,25,1917 343.32 (2) (c) In order for the secretary to suspend or revoke an operating
18privilege under this subsection, the operator must have accumulated 12 demerit
19points in any 12-month period.
AB795, s. 60 20Section 60. 343.32 (2) (g) of the statutes is repealed.
AB795, s. 61 21Section 61. 343.32 (6) of the statutes is amended to read:
AB795,25,2522 343.32 (6) There shall be no minimum waiting period before issuance of an
23occupational license under s. 343.10 to a person whose operating privilege has been
24suspended or revoked under sub. (2) if the person is otherwise eligible for issuance
25of an occupational license.
AB795, s. 62
1Section 62. 343.38 (1) (c) of the statutes is renumbered 343.38 (1) (c) 1. and
2amended to read:
AB795,26,83 343.38 (1) (c) 1. Unless 3 years have elapsed since the expiration of the period
4of revocation
Except as provided in subd. 2., files and maintains with the department
5proof of financial responsibility in the amount, form and manner specified in ch. 344.
6Such proof of financial responsibility shall be maintained at all times during such
73-year period when the license is in effect.
This subdivision does not apply after 3
8years have elapsed since the expiration of the period of revocation.
AB795,26,9 92. No such proof under subd. 1. shall be required for a any of the following:
AB795,26,10 10a. A vehicle subject to the requirements of s. 121.53, 194.41 or 194.42 or a.
AB795,26,12 11b. A vehicle owned by or leased to the United States, this state or any county
12or municipality of this state.
AB795, s. 63 13Section 63. 343.38 (1) (c) 2. c. and d. of the statutes are created to read:
AB795,26,1514 343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s.
15343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.
AB795,26,2016 d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or
17(2) if, within the 5-year period preceding the violation, the person has not been
18convicted of a prior offense that may be counted under s. 343.307 (2) and if, within
19the 10-year preceding the violation, the person has not been convicted of 2 or more
20prior offenses that may be counted under s. 343.307 (2).
AB795, s. 64 21Section 64. 343.38 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
22is amended to read:
AB795,27,323 343.38 (2) Reinstatement of nonresident's operating privilege after
24revocation by Wisconsin.
A nonresident's operating privilege revoked pursuant to
25under the laws of this state is reinstated as a matter of law when the period of

1revocation has expired and such nonresident obtains a valid operator's license issued
2by the jurisdiction of the nonresident's residence and pays the fee specified in s.
3343.21 (1) (j)
.
AB795, s. 65 4Section 65. 343.38 (3) of the statutes is amended to read:
AB795,27,95 343.38 (3) Reinstatement after suspension. Except as provided in s. 343.10,
6the department shall not issue a license to a person whose operating privilege has
7been duly suspended while the suspension remains in effect. Upon the expiration
8of the period of suspension, the person's operating privilege is automatically
9reinstated as provided in s. 343.39.
AB795, s. 66 10Section 66. 343.39 (1) (a) of the statutes is amended to read:
AB795,27,1511 343.39 (1) (a) When, in the case of a suspended operating privilege, the period
12of suspension has terminated and, the reinstatement fee specified in s. 343.21 (1) (j)
13has been paid to the department and, for reinstatement of an operating privilege
14suspended under ch. 344, the person files with the department proof of financial
15responsibility, if required, in the amount, form and manner specified under ch. 344
.
AB795, s. 67 16Section 67. 343.44 (title) of the statutes is repealed and recreated to read:
AB795,27,18 17343.44 (title) Operating while suspended, revoked, ordered
18out-of-service or disqualified.
AB795, s. 68 19Section 68. 343.44 (1) of the statutes is repealed and recreated to read:
AB795,28,420 343.44 (1) Operating offenses. (a) Operating while suspended. No person
21whose operating privilege has been duly suspended under the laws of this state may
22operate a motor vehicle upon any highway in this state during the period of
23suspension or in violation of any restriction on an occupational license issued to the
24person during the period of suspension. A person's knowledge that his or her
25operating privilege is suspended is not an element of the offense under this

1paragraph. In this paragraph, "restriction on an occupational license" means
2restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
3purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
4sobriety or use of alcohol, controlled substances or controlled substance analogs.
AB795,28,125 (b) Operating while revoked. No person whose operating privilege has been
6duly revoked under the laws of this state may knowingly operate a motor vehicle
7upon any highway in this state during the period of revocation or in violation of any
8restriction on an occupational license issued to the person during the period of
9revocation. In this paragraph, "restriction on an occupational license" means
10restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
11purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
12sobriety or use of alcohol, controlled substances or controlled substance analogs.
AB795,28,1413 (c) Operating while ordered out-of-service. No person may operate a
14commercial motor vehicle while ordered out-of-service under state or federal law.
AB795,28,2115 (d) Operating while disqualified. No person may operate a commercial motor
16vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of
17another jurisdiction or Mexico that provides for disqualification of commercial
18drivers in a manner similar to 49 CFR 383.51, or under a determination by the
19federal highway administration under the federal rules of practice for motor carrier
20safety contained in 49 CFR 386 that the person is no longer qualified to operate a
21vehicle under 49 CFR 391.
AB795, s. 69 22Section 69. 343.44 (1g) of the statutes is created to read:
AB795,29,223 343.44 (1g) Reinstatement required. Notwithstanding any specified term of
24suspension, revocation, cancellation or disqualification, the period of any
25suspension, revocation, cancellation or disqualification of an operator's license

1issued under this chapter or of an operating privilege continues until the operator's
2license or operating privilege is reinstated.
AB795, s. 70 3Section 70. 343.44 (2) of the statutes is repealed and recreated to read:
AB795,29,54 343.44 (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required
5to forfeit not less than $50 nor more than $200.
AB795,29,106 (am) Any person who violates sub. (1) (b) before the first day of the 13th month
7beginning after publication .... [revisor inserts date], may be required to forfeit not
8more than $600, except that, if the person has been convicted of a previous violation
9described in sub. (1) (b) within the preceding 5-year period, the penalty under par.
10(b) shall apply.
AB795,29,1511 (b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or
12(d) shall be fined not more than $2,500 or imprisoned for not more than one year or
13both. In imposing a sentence under this paragraph, or a local ordinance in
14conformity with this paragraph, the court shall review the record and consider the
15following:
AB795,29,1716 1. The aggravating and mitigating circumstances in the matter, using the
17guidelines described in par. (d).
AB795,29,1818 2. The class of vehicle operated by the person.
AB795,29,2019 3. The number of prior convictions of the person for violations of this section
20within the 5 years preceding the person's arrest.
AB795,29,2321 4. The reason that the person's operating privilege was revoked, or the person
22was disqualified or ordered out of service, including whether the person's operating
23privilege was revoked for an offense that may be counted under s. 343.307 (2).
AB795,29,2524 5. Any convictions for moving violations arising out of the incident or
25occurrence giving rise to sentencing under this section.
AB795,30,5
1(d) The chief judge of each judicial administrative district shall adopt
2guidelines, under the chief judge's authority to adopt local rules under SCR 70.34,
3for the consideration of aggravating and mitigating factors. Such guidelines shall
4treat operators of commercial motor vehicles at least as stringently as operators of
5other classes of motor vehicles.
AB795, s. 71 6Section 71. 343.44 (2g) of the statutes is repealed.
AB795, s. 72 7Section 72. 343.44 (2m) of the statutes is repealed.
AB795, s. 73 8Section 73. 343.44 (2p) (intro.) of the statutes is amended to read:
AB795,30,139 343.44 (2p) (title) Sentencing option. (intro.) The legislature intends that
10courts use the sentencing option under s. 973.03 (4) whenever appropriate for
11persons subject to sub. (2) or (2m) to provide cost savings for the state and for local
12governments. This option shall not be used if the suspension or revocation was for
13one of the following:
AB795, s. 74 14Section 74. 343.44 (2r) of the statutes is amended to read:
AB795,30,1915 343.44 (2r) (title) Prior convictions. For purposes of determining prior
16convictions under this section, the 5-year period shall be measured from the dates
17of the violations that resulted in the convictions and each conviction under sub. (2)
18or (2m) shall be counted. The vehicle operated at the time of the offense shall
19determine whether the penalties of sub. (2) or (2m) apply.
AB795, s. 75 20Section 75. 343.44 (2s) of the statutes is amended to read:
AB795,31,621 343.44 (2s) Within 30 days after receipt by the department of a report from a
22law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a
23violation committed by a person operating a commercial motor vehicle while subject
24to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer
25employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for

1a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served
2anywhere in this state and shall be served by delivering a copy to the person
3personally or by leaving a copy at the person's usual place of abode with a person of
4discretion residing therein or by mailing a copy to the person's last-known residence
5address. The venue for prosecution may be the county where the alleged offense
6occurred or in the person's county of residence.
AB795, s. 76 7Section 76. 343.44 (3) (title) of the statutes is created to read:
AB795,31,88 343.44 (3) (title) Failure to receive notice.
AB795, s. 77 9Section 77. 343.44 (4) (title) of the statutes is created to read:
AB795,31,1010 343.44 (4) (title) Impoundment.
AB795, s. 78 11Section 78. 343.44 (4m) of the statutes is renumbered 343.44 (2) (c) and
12amended to read:
AB795,31,2213 343.44 (2) (c) In addition to other penalties for violation of this section, if a
14person has violated violates this section after while his or her operating privilege was
15is revoked as provided in ch. 351, the penalties shall may be enhanced by
16imprisonment and additional fines as provided in s. 351.08. For the purpose of
17enforcing this subsection paragraph, in any case in which the accused is charged with
18operating a motor vehicle while his or her operator's license, permit or privilege to
19operate is suspended or revoked or is charged with operating without a valid
20operator's license, the court, before hearing the charge, shall determine whether the
21person is a habitual traffic offender or repeat habitual traffic offender and therefore
22barred from operating a motor vehicle on the highways of this state.
AB795, s. 79 23Section 79. 343.44 (4r) (title) of the statutes is created to read:
AB795,31,2424 343.44 (4r) (title) Violation of out-of-service order.
AB795, s. 80 25Section 80. 343.44 (5) (title) of the statutes is created to read:
AB795,32,1
1343.44 (5) (title) Vehicle impoundment; lessors and secured creditors.
AB795, s. 81 2Section 81. 344.02 (title) of the statutes is amended to read:
AB795,32,3 3344.02 (title) Hearing on revocation suspension or impoundment.
AB795, s. 82 4Section 82. 344.02 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
5is amended to read:
AB795,32,186 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount
7of security required to be deposited and that an order of revocation suspension or
8impoundment will be made if such security is not deposited, it shall afford the person
9so notified an opportunity for a hearing on the proposed action, if written request for
10a hearing is received by the department prior to the date specified in the notice, or
11prior to the postponed effective date of revocation suspension if postponement has
12been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the
13department shall fix the time and place of the hearing and give notice thereof to such
14person by regular mail. The scope of the hearing is limited to the matter set forth
15in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the
16owner of the motor vehicle to be impounded. Any person who fails without
17reasonable cause to appear at the time and place specified in the notice shall forfeit
18the right to a hearing.
AB795, s. 83 19Section 83. 344.02 (3) of the statutes is amended to read:
AB795,32,2420 344.02 (3) Upon completion of the hearing, the department shall make findings
21of fact, conclusions of law, and a decision, and shall either proceed to order revocation
22suspension of the person's operating privilege, or registrations, or both, and may also
23order the impoundment of the person's motor vehicle, in accordance with s. 344.14,
24or upon good cause appearing therefor, shall terminate the proceedings.
AB795, s. 84 25Section 84. 344.02 (4) of the statutes is amended to read:
AB795,33,5
1344.02 (4) The time during which enforcement of an order of revocation
2suspension or impoundment is stayed pending completion of court review thereof
3shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for
4revocation suspension or the period fixed under s. 344.185 (2) (a) or (b) for
5impoundment.
AB795, s. 85 6Section 85. 344.04 (title) of the statutes is amended to read:
AB795,33,8 7344.04 (title) Power of court to stay revocation suspension of
8registration or impoundment of vehicles.
AB795, s. 86 9Section 86. 344.04 (1) of the statutes is amended to read:
AB795,33,1410 344.04 (1) Notwithstanding any other provision of this chapter, the secretary
11shall not revoke suspend the registration of a vehicle when ordered not to do so by
12the court wherein the judgment for damages was had or, in a case not involving a
13judgment, when ordered not to do so by a court pursuant to under petition of the
14registrant in accordance with sub. (2).
AB795, s. 87 15Section 87. 344.04 (2) of the statutes is amended to read:
AB795,34,516 344.04 (2) Upon receiving information, other than of a judgment for damages
17in a court of this state, that would be cause for revocation suspension of registration
18or impoundment of the vehicle, the secretary shall notify the registrant of the
19intention to revoke suspend such registration or impound the vehicle. The registrant
20may thereupon petition any court of record in the registrant's county for an order
21enjoining the secretary's contemplated action, whereupon the judge of such court
22shall grant an order restraining the secretary in the matter until the petition is
23finally determined by the court. If such petition and order are served upon the
24secretary within 10 days after the date of the secretary's notice or in any event before
25the secretary has revoked suspended the registration or impounded the vehicle, the

1secretary shall await the final determination of the court. The secretary shall be
2given notice of the hearing. Upon a showing that it would result in undue hardship
3upon the petitioner to have any such registration revoked suspended or the vehicle
4impounded, the court shall issue an order restraining the secretary from revoking
5suspending the registration or impounding the vehicle.
AB795, s. 88 6Section 88. 344.04 (3) of the statutes is amended to read:
AB795,34,87 344.04 (3) This section does not authorize a court to stay suspension or
8revocation of an operator's license.
AB795, s. 89 9Section 89. 344.05 (1) of the statutes is amended to read:
AB795,34,1610 344.05 (1) If a judgment in excess of $500 or more for damages arising out of
11a motor vehicle accident is not satisfied within 30 days after its having become final
12by expiration without appeal of the time within which an appeal might have been
13taken or by final affirmation on appeal, the clerk of the court in which the judgment
14was rendered, or the judge if the court has no clerk, shall forthwith immediately
15forward to the secretary a certified copy of the judgment upon request of the
16judgment creditor or the attorney of record for the judgment creditor.
AB795, s. 90 17Section 90. 344.08 (title) of the statutes is amended to read:
AB795,34,18 18344.08 (title) Revocation Suspension for failure to report accident.
AB795, s. 91 19Section 91. 344.08 (1) of the statutes is amended to read:
AB795,34,2520 344.08 (1) The secretary may revoke suspend the operating privilege or
21registration of any person who fails to report an accident as required by s. 346.70 or
22to give correctly the information requested by the secretary in connection with such
23report unless, in the judgment of the secretary, there was excusable cause for such
24failure or unless the accident did not result in injury or damage to the person or
25property of anyone other than the person so required to report.
AB795, s. 92
1Section 92. 344.08 (2) of the statutes is amended to read:
AB795,35,72 344.08 (2) Any operating privilege suspended or revoked under this section, or
3suspended or revoked under any other section for failure to report an accident, shall
4be reinstated in accordance with s. 344.09 at the end of one year following the
5effective date of the suspension or revocation order if, during such one-year period,
6no notice of action has been filed with the department in the manner specified in s.
7344.18 (1) (d).
AB795, s. 93 8Section 93. 344.08 (3) of the statutes is repealed.
AB795, s. 94 9Section 94. 344.09 (title) of the statutes is amended to read:
AB795,35,11 10344.09 (title) Reinstatement of revoked operating privilege and
11registration.
AB795, s. 95 12Section 95. 344.09 (1) of the statutes is amended to read:
AB795,35,2013 344.09 (1) Whenever the secretary is satisfied that the reason for revocation
14of
suspending or revoking an operating privilege under this chapter has been
15removed, including satisfaction of any of the requirements of s. 344.18, the secretary
16shall order reinstatement of the operating privilege. The department shall give
17notice of the reinstatement to the person whose operating privilege has been was
18suspended or
revoked in the manner it deems appropriate. The order reinstating a
19suspended operating privilege has the same effect as an automatic reinstatement
20under s. 343.39.
AB795, s. 96 21Section 96. 344.09 (2) of the statutes is amended to read:
AB795,35,2522 344.09 (2) Whenever an operating privilege suspended or revoked pursuant to
23under this chapter is reinstated, any registration which that was suspended or
24revoked along with the operating privilege is reinstated and the department shall
25return any surrendered and unexpired registration plate in its possession.
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