SB470: Bill Text

LRB-4994/1

PEN:all:km

1997 - 1998 LEGISLATURE

1997 Senate BILL 470

February 25, 1998 - Introduced by Senators Huelsman, Risser, Darling, Grobschmidt, Rosenzweig, Weeden and Wineke, cosponsored by Representatives R. Young, Otte, Riley, Hahn, Bock, Green, Grothman, Hanson, Harsdorf, Kedzie, La Fave, F. Lasee, J. Lehman, Notestein, Plouff, Powers, Staskunas, Ziegelbauer and Baldwin. Referred to Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

SB470,3,2 An Act to repeal 343.18 (3) (b), 343.30 (6) (e), 343.31 (1) (h), 343.31 (1m), 343.31 (3) (g), 343.31 (3) (h), 343.31 (4), 343.315 (1) (a), 343.32 (1) (d), 343.32 (2) (g), 343.44 (2g), 343.44 (2m), 344.08 (3) and 351.02 (1) (a) 4.; to renumber and amend 343.30 (1g), 343.31 (1) (e), 343.315 (1) (b), 343.32 (1) (b), 343.38 (1) (c) and 343.44 (4m); to amend 125.07 (4) (bs) 3., 125.07 (4) (bs) 4., 125.07 (4) (c) 3., 125.07 (4) (c) 4., 341.63 (2) and (3), 343.06 (2), 343.085 (3), 343.085 (5), 343.10 (1) (e), 343.16 (5) (a), 343.18 (3) (a), 343.23 (2) (b), 343.30 (1), 343.30 (1n), 343.30 (1q) (b) 1., 343.30 (1q) (b) 2., 343.30 (1q) (b) 4m., 343.30 (1q) (c) 1. (intro.), 343.30 (1q) (d), 343.30 (1z), 343.30 (2d), 343.30 (2m), 343.30 (3), 343.30 (6) (b) (intro.), 343.30 (6) (b) 3., 343.30 (6) (c), 343.30 (6) (d), 343.305 (10) (d), 343.307 (1) (intro.), 343.31 (1) (b), 343.31 (2), 343.31 (2m), 343.31 (3) (b), 343.31 (3) (bm) 1., 343.31 (3) (bm) 2., 343.31 (3) (bm) 4m., 343.32 (1m) (b) (intro.), 2. and 3., 343.32 (2) (a), 343.32 (2) (bg), 343.32 (2) (c), 343.32 (6), 343.38 (2), 343.38 (3), 343.39 (1) (a), 343.44 (2p) (intro.), 343.44 (2r), 343.44 (2s), 344.02 (title), 344.02 (1), 344.02 (3), 344.02 (4), 344.04 (title), 344.04 (1), 344.04 (2), 344.04 (3), 344.05 (1), 344.08 (title), 344.08 (1), 344.08 (2), 344.09 (title), 344.09 (1), 344.09 (2), 344.12, 344.13 (1), 344.13 (2), 344.13 (3), 344.14 (title), 344.14 (1), 344.14 (1g), 344.14 (1m) (intro.), 344.14 (2) (e), 344.14 (2) (h), 344.18 (title), 344.18 (1) (intro.), 344.18 (1) (a), 344.18 (1) (b), 344.18 (1) (c), 344.18 (1) (d), 344.18 (1m) (a), 344.18 (1m) (b), 344.18 (3) (intro.), 344.18 (3) (b), 344.18 (3m) (a), 344.18 (3m) (b), 344.18 (3r), 344.18 (4), 344.19 (2), 344.19 (3), 344.19 (3g), 344.19 (3m) (a), 344.19 (3m) (b), 344.24, 344.25 (intro.), 344.25 (1), 344.25 (3), 344.25 (5), 344.26 (title), 344.26 (1), 344.27 (title), 344.27 (2), 344.27 (3), 344.29, 344.40 (title), 344.40 (1) (a), 344.40 (1) (b), 344.40 (2) (a), 344.40 (2) (b), 344.41 (3) (a), 344.45 (title), 344.45 (1), 344.46 (1), 344.46 (3), 344.55 (2), 345.47 (1) (b), 351.02 (1) (a) 10., 351.11, 767.303 (1) and (2), 800.09 (1) (c), 800.095 (4) (b) 4., 938.34 (8), 938.34 (14m), 938.34 (14r) (a) and (c), 938.343 (2), 938.344 (2) (c), 938.344 (2b) (c), 938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.344 (2e) (b), 938.344 (2e) (c) and 961.50 (1) (intro.); to repeal and recreate 343.10 (8), 343.44 (title), 343.44 (1) and 343.44 (2); and to create 13.0965, 343.10 (2) (dm), 343.30 (2g), 343.31 (1) (hm), 343.31 (2u), 343.38 (1) (c) 2. c. and d., 343.44 (1g), 343.44 (3) (title), 343.44 (4) (title), 343.44 (4r) (title), 343.44 (5) (title) and 351.09 of the statutes; relating to: operating a motor vehicle with a suspended or revoked operating privilege, habitual traffic offenders, penalties involving sanctions against an operating privilege or operator's license, the revocation of operating privileges and vehicle registrations for failure to deposit security and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill contains the recommendations of the governor's 1995 task force on operating a motor vehicle with an operating privilege that is suspended or revoked (OWS/OAR).

Under current law, operating privileges are suspended or revoked as a sanction for a variety of offenses, some of which are unrelated to driving and motor vehicles. The key distinction between suspension and revocation as a sanction is that a person must provide and maintain proof of liability insurance in order to reinstate a revoked operating privilege, while no such proof of insurance is required to reinstate a suspended operating privilege. Both sanctions effectively prohibit a person from operating a motor vehicle. A person who operates while suspended (OWS) or operates after revocation (OAR) commits either a crime or a civil infraction, depending upon the underlying offense that led to the suspension or revocation. Because of the uncertainty of whether OWS or OAR is a crime or a civil infraction, a traffic officer who stops a person suspected of OWS or OAR must determine the underlying offense that led to the suspension or revocation before deciding whether to arrest the person for a crime, or write a ticket for a civil infraction. This determination must be repeated by the prosecutor deciding which charges to bring, by the defendant in assessing the propriety of the charges, and by the court in imposing a penalty.

This bill makes 2 general changes to the OWS and OAR laws. First, it makes OWS a civil infraction (punishable only by a forfeiture) and OAR a crime (punishable only by a fine or imprisonment), regardless of the underlying offense that led to the suspension or revocation. Second, the bill reorganizes the sanctions of suspension and revocation so that an operating privilege may generally be revoked only for serious driving-related offenses, such as operating while intoxicated, hit-and-run and eluding a traffic officer. An operating privilege may be suspended for any other offense.

To effect this reorganization, the bill eliminates revocation (but allows or requires suspension) for the following offenses: juvenile alcohol and drug violations; violations of law by a juvenile delinquent using a motor vehicle; illegal drug use or possession; exceeding the permissible number of demerit points assessed for traffic violations; any violation of traffic law (other than specified offenses), regardless of demerit point accumulation; sexual assault, child sexual assault and child enticement; violating a license restriction; serious traffic violation by a person holding an occupational license; perjury; making a false affidavit, statement or certification to DOT; and unlawful use, duplication or alteration of an operator's license. The bill also eliminates suspension (but allows or requires revocation) for noncompliance, other than for a failure to pay a fee, with a court-ordered assessment of the person's use of intoxicants or with a driver safety plan.

The bill also does the following:

1. Treats the operation of a commercial motor vehicle while disqualified or ordered out-of-service similar to an OAR violation. Federal law requires that operating a commercial motor vehicle while disqualified be punished at least as stringently as OAR.

2. Revokes an operating privilege for any conviction of operating while under the influence of an intoxicant or other drug (OWI). Currently, revocation is required only for 2nd or subsequent OWI convictions.

3. Requires that any bill that proposes to revoke an operating privilege be evaluated for consistency with a policy of revoking only for dangerous driving-related offenses before the bill is acted upon.

4. Weights OWS and OAR as minor traffic offenses, rather than as major traffic offenses, for purposes of determining whether a violator is a habitual traffic offender (HTO). The bill allows persons currently classified as HTO because of an OWS or OAR conviction to apply to the department of transportation (DOT) for recalculation of the person's HTO classification and allows the person to reinstate his or her operating privilege if appropriate. The bill also reduces from 6 to 3 the number of demerit points assigned for a conviction of OWS or OAR.

5. Eliminates the escalating penalty structure for 2nd and subsequent OAR convictions. Under the bill, all OAR offenses are punishable by a fine of up to $2,500 and a term of imprisonment of up to one year. The bill requires each judicial administrative district to adopt guidelines for any aggravating and mitigating factors to be considered when sentencing for OAR. However, the bill requires revocation of an operating privilege for 6 months for a person's 4th or subsequent conviction of OWS or OAR in a 5-year period. A court may revoke the operating privilege for a shorter period only if the court states the reason for the reduction on the record.

6. Reduces from 5 to 2 years the maximum period of suspension for failure to pay any of the following: a fine or forfeiture and related assessments; restitution; driver improvement surcharge; and court-ordered family support. The bill also reduces from 5 to 2 years the maximum period of suspension for failing to comply with a community service work order.

7. Makes OWS a strict liability offense. Under the bill, it need not be proven that a person knew that his or her operating privilege was suspended when prosecuting a violation of OWS.

8. Provides that a violation of a restriction unique to an occupational license (a license issued to allow a person whose operating privilege is suspended or revoked to drive to and from work) shall be prosecuted as OWS or OAR.

9. Makes a person who fails to comply with driver safety plan for treatment of substance abuse for OWI offense causing injury ineligible for an occupational license.

The bill also undoes 1991 Wisconsin Act 269. Under current law, any person involved in a motor vehicle accident that results in injury, death or property damage of $1,000 or more must file proof of financial responsibility (proof of the person's ability to respond in damages for liability arising from his or her use of a motor vehicle) or make a deposit of security for the accident with DOT. With certain exceptions, a person who fails to provide proof of financial responsibility or a deposit of security after an accident may have his or her motor vehicle operating privilege or vehicle registration revoked. Any such revocation continues until the person provides a deposit of security or otherwise clears his or her liability or one year elapses without a legal action being commenced as a result of the accident, whichever happens earlier.

Also with certain exceptions, a person who does any of the following may have his or her operating privilege revoked:

1. Fails to report an accident resulting in more than $1,000 in damages to a vehicle or to give DOT correct information in connection with such report.

2. Fails to pay a judgment in excess of $500, or make satisfactory arrangements for such payment, for damages arising out of a motor vehicle accident within 30 days after the judgment becomes final.

3. Defaults in any instalment payment under a written agreement to pay a judgment against that person in instalments.

4. Fails to maintain proof of financial responsibility at any time during a period when proof of financial responsibility is required.

This bill substitutes suspension for revocation of an operating privilege or vehicle registration for such offenses. This bill does not change the duration, reinstatement requirements and other conditions of suspension from the provisions that currently apply to revocations, except that current law requires a person to provide proof of financial responsibility for 3 years after a period of revocation and requires no such proof after a period of suspension.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB470, s. 1 Section 1. 13.0965 of the statutes is created to read:

SB470,6,9 13.0965 Review of bills proposing revocation of an operating privilege. If any bill that is introduced in either house of the legislature proposes to revoke a person's operating privilege upon conviction of that person for any offense, the department of transportation shall, within 4 weeks after the bill is introduced, prepare a report that states whether the bill is consistent with a policy of revoking an operating privilege only for traffic violations that are likely to result in death, personal injury or serious property damage. The report shall be printed as an appendix to the bill and shall be distributed in the same manner as amendments. The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee. A bill that requires a report by the department of transportation under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department of transportation.

SB470, s. 2 Section 2. 125.07 (4) (bs) 3. of the statutes is amended to read:

SB470,6,15 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB470, s. 3 Section 3. 125.07 (4) (bs) 4. of the statutes is amended to read:

SB470,6,21 125.07 (4) (bs) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB470, s. 4 Section 4. 125.07 (4) (c) 3. of the statutes is amended to read:

SB470,7,2 125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB470, s. 5 Section 5. 125.07 (4) (c) 4. of the statutes is amended to read:

SB470,7,8 125.07 (4) (c) 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB470, s. 6 Section 6. 341.63 (2) and (3) of the statutes are amended to read:

SB470,7,12 341.63 (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.

SB470,7,17 (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.

SB470, s. 7 Section 7. 343.06 (2) of the statutes is amended to read:

SB470,8,2 343.06 (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.

SB470, s. 8 Section 8. 343.085 (3) of the statutes is amended to read:

SB470,8,9 343.085 (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.

SB470, s. 9 Section 9. 343.085 (5) of the statutes is amended to read:

SB470,8,16 343.085 (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.