SB40: Bill Text

SB40,1465,2 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.

SB40, s. 3265 Section 3265. 343.20 (1) (e) 1. of the statutes is amended to read:

SB40,1465,6 343.20 (1) (e) 1. The person is moving to this state, surrenders his or her valid commercial driver license issued by another state jurisdiction, and makes application for a commercial driver license in this state.

SB40, s. 3266 Section 3266. 343.20 (1) (f) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40,1465,15 343.20 (1) (f) The department shall cancel an operator's license, regardless of the license expiration date, if the department is notified by receives information from a local, state, or federal government agency that the operator is no longer a citizen of the United States, a legal permanent resident of the United States, or a conditional resident of the United States, or otherwise not legally present in the United States licensee no longer satisfies the requirements for issuance of a license under ss. 343.14 (2) (es) and 343.165 (1) (e).

SB40, s. 3267 Section 3267. 343.20 (1m) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40,1465,25 343.20 (1m) A Notwithstanding sub. (1) (a) and (e), and except as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply.

SB40, s. 3268 Section 3268 . 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1466,14 343.20 (1m) Notwithstanding sub. (1) (a) and (e), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. (es) 2., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. (es) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

SB40, s. 3269 Section 3269. 343.20 (2) (a) of the statutes is amended to read:

SB40,1466,21 343.20 (2) (a) The department shall mail to the last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which the license must be renewed. If the license was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the licensee of the requirement under s. 343.165 (4) (c).

SB40, s. 3270 Section 3270. 343.21 (1) (n) of the statutes is created to read:

SB40,1466,25 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a federal security verification mandate fee of $10.

SB40, s. 3271 Section 3271. 343.22 (1) of the statutes is repealed.

SB40, s. 3272 Section 3272. 343.22 (2) (intro.) and (a) of the statutes are amended to read:

SB40,1467,8 343.22 (2) (intro.) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, moves from the address named in the application or in the license or identification card issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 10 30 days thereafter, do one of the following:

SB40,1467,12 (a) Apply for a duplicate license or identification card showing on the application the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.

SB40, s. 3273 Section 3273. 343.22 (2m) of the statutes is amended to read:

SB40,1467,20 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fee fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40, s. 3274 Section 3274 . 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1468,4 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40, s. 3275 Section 3275. 343.22 (3) of the statutes is amended to read:

SB40,1468,13 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fee fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40, s. 3276 Section 3276 . 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1468,23 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 30 days thereafter, apply for a duplicate license or identification card showing the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40, s. 3277 Section 3277. 343.23 (2) (a) (intro.) of the statutes is amended to read:

SB40,1469,16 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:

SB40, s. 3278 Section 3278 . 343.23 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1470,13 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person identified in par. (am) 1. c. containing the information specified in par. (am) 1. c. and for each person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any notice received from another jurisdiction of the revocation, suspension, or cancellation of the person's operating privilege in that other jurisdiction, any demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:

SB40, s. 3279 Section 3279. 343.23 (2) (b) of the statutes is amended to read:

SB40,1471,15 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

SB40, s. 3280 Section 3280 . 343.23 (2) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1472,22 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The secretary may also consider the information specified in sub. (2m) for purposes of this paragraph, and, except as provided in sub. (3) (a), any information maintained under sub. (2m) that is described in this paragraph shall be maintained for the periods specified in this paragraph. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that, subject to s. 343.23 (3m), 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

SB40, s. 3281 Section 3281. 343.23 (2m) of the statutes is created to read:

SB40,1473,2 343.23 (2m) (a) Subject to sub. (3m) (b), the department shall maintain a file, other than the operator's record file specified in sub. (2) (a), for each nonresident who is convicted of a violation, or who otherwise commits an offense, in this state that shall include all of the following:

SB40,1473,4 1. A record of reports or abstract of convictions resulting from any offense specified in s. 343.305 (10) (em) or 343.307.

SB40,1473,7 2. A record of any suspension or revocation by the department of the person's operating privilege under par. (b) or as provided under s. 344.08 (1m), 344.14 (1r), or 344.25 (7).

SB40,1473,10 3. A record of any administrative suspension, notice of refusal, notice of intent to revoke, issuance of an out-of-service order, or report of test results under s. 343.305 (7) or (9).

SB40,1473,13 (b) The department may use the file under par. (a), and the file specified in sub. (2) (a) if updated as provided in sub. (3m) (b), to suspend or revoke the operating privilege of, or to disqualify, a nonresident if any of the following apply:

SB40,1473,15 1. The person is licensed by or resides in another jurisdiction that is not a member jurisdiction.

SB40,1473,18 2. The offense for which the suspension, revocation, or disqualification occurs was committed in this state and is not an offense identified in the rules under s. 343.02 (3) (b).

SB40,1473,22 (c) Nothing in this subsection requires the department to maintain a record of any conviction other than a conviction for an offense specified in s. 343.305 (10) (em) or 343.307 if, at the time of the conviction, the person was licensed in or resided in another jurisdiction.

SB40, s. 3282 Section 3282. 343.23 (3m) of the statutes is created to read:

SB40,1474,8 343.23 (3m) (a) Subject to s. 343.03 (7), upon receiving notice that a person for whom the department maintains a file under sub. (2) (a) has applied for or been issued an operator's license in another jurisdiction or has transferred residency to another jurisdiction, the department shall transfer to the other jurisdiction all file information specified in sub. (2) (a) and (am) within 30 days of receiving such notice if the other jurisdiction is a member jurisdiction or if the other jurisdiction accepts responsibility for maintaining the person's operator's record. Subject to par. (b), upon such transfer, the department shall not update the file described in sub. (2) (a) with any information described in sub. (2) (a) and (am) except as provided under sub. (2) (am) 1. c. and except as required under federal law.

SB40,1474,14 (b) If the department transfers the operator's record file information to another jurisdiction as provided in par. (a), and that other jurisdiction is not a member jurisdiction, the department may continue to update the file specified in sub. (2) (a) with respect to any conviction or other information described in sub. (2) (a) and (am) related to an offense committed in this state that is not recorded by the other jurisdiction on the person's operator's record.

SB40,1474,24 (c) If the department transfers a person's operator's record file information to another jurisdiction as provided in par. (a), the department may continue to maintain and update the file specified in sub. (2m). If a person subsequently applies for or is issued an operator's license under this chapter or transfers residency back to this state, the department may use the file specified in sub. (2m) to update the file specified in sub. (2) (a) with respect to any conviction, suspension, revocation, disqualification, or other information contained in the file specified in sub. (2m) related to an offense committed in this state that does not appear on an operator's record transferred to the department from the person's former jurisdiction of licensure or residency.

SB40, s. 3283 Section 3283. 343.23 (4) (b) of the statutes is amended to read:

SB40,1475,6 343.23 (4) (b) Any record of issuance of an out-of-service order under s. 343.305 (7) (b) or (9) (am) upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge of violating s. 346.63 (7) arising out of that incident or occurrence. In the case of a nonresident, the department shall also inform the state of licensure of the dismissal or finding of innocence.

SB40, s. 3284 Section 3284. 343.23 (5) of the statutes is amended to read:

SB40,1475,11 343.23 (5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files. Records under sub. (1) and files under sub. (2) shall be maintained in an electronic and transferable format accessible for the purpose specified in s. 343.03 (6) (a).

SB40, s. 3285 Section 3285. 343.235 (3) (a) of the statutes is amended to read:

SB40,1475,15 343.235 (3) (a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40, s. 3286 Section 3286. 343.237 (2) of the statutes is amended to read:

SB40,1475,22 343.237 (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.

SB40, s. 3287 Section 3287. 343.237 (3) (intro.) of the statutes is amended to read:

SB40,1476,4 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:

SB40, s. 3288 Section 3288. 343.24 (3) of the statutes is amended to read:

SB40,1476,10 343.24 (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor who committed the violation or his or her parent or guardian.

SB40, s. 3289 Section 3289. 343.24 (4) (c) 1. of the statutes is amended to read:

SB40,1476,14 343.24 (4) (c) 1. A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40, s. 3290 Section 3290. 343.26 of the statutes is amended to read:

SB40,1476,21 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the all required fee fees, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40, s. 3291 Section 3291 . 343.26 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1477,5 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and all required fees, and after processing the application as provided in s. 343.165, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40, s. 3292 Section 3292. 343.265 (2) of the statutes is amended to read:

SB40,1477,13 343.265 (2) A person whose voluntary surrender of license under sub. (1) or (1m) has been accepted by the department may apply for a duplicate license under s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee fees under s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under s. 343.16 (5).

SB40, s. 3293 Section 3293. 343.28 (2) of the statutes is amended to read:

SB40,1478,2 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall may require the surrender to it of any license then held by such person. If the court requires surrender of a license, the court shall destroy the license. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department, which shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

SB40, s. 3294 Section 3294. 343.30 (1g) (b) of the statutes is amended to read:

SB40,1478,14 343.30 (1g) (b) A court shall may revoke a person's operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or of similar violations under s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, with s. 343.44 (1) (a), (b), or (d), or the law of another jurisdiction prohibiting operating a motor vehicle with a suspended or revoked license or while disqualified or ordered out of service, as those terms or substantially similar terms are used in that other jurisdiction's laws, within the 5-year period preceding the violation. The revocation shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.

SB40, s. 3295 Section 3295. 343.30 (1q) (b) 4. of the statutes is amended to read:

SB40,1478,25 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment, if applicable, and is complying with the driver safety plan ordered under par. (c), if applicable.

SB40, s. 3296 Section 3296. 343.30 (1q) (c) 1. (intro.), a. and c. of the statutes are consolidated, renumbered 343.30 (1q) (c) 1. and amended to read:

SB40,1480,4 343.30 (1q) (c) 1. Except as provided in subd. 1. a. or b. this subdivision, and except for a first violation of s. 346.63 (1) (b), if the person who committed the violation is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license and had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall: a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of a driver safety plan for the person satisfying the requirements of that state. c. Require The assessment order shall require a person who is referred to a treatment facility in another state under subd. 1. a. or b. this subdivision to furnish the department written verification of his or her compliance from the agency which administers the assessment and driver safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency which administers the assessment and driver safety plan program.

SB40, s. 3297 Section 3297. 343.30 (1q) (c) 1. b. of the statutes is repealed.

SB40, s. 3298 Section 3298. 343.30 (2j) (a) of the statutes is renumbered 343.30 (2j) and amended to read:

SB40,1480,20 343.30 (2j) A court may revoke a person's operating privilege upon the person's first conviction for violating s. 346.44 or 346.62 (2m) and shall revoke a person's operating privilege upon the person's 2nd or subsequent conviction for violating s. 346.44 or 346.62 (2m) if within a 5-year period, the person was previously convicted for violating s. 346.44 or 346.62 (2m) or the law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this subsection. The revocation shall be for a period of 6 months. For purposes of determining prior convictions for purposes of this paragraph subsection, the 5-year period shall be measured from the dates of the violations that resulted in the convictions. Each conviction under s. 346.44 or 346.62 (2m) or the applicable law of another jurisdiction shall be counted, except that convictions under s. 346.44 and 346.62 (2m) or the applicable law of another jurisdiction arising out of the same incident or occurrence shall be counted as a single conviction.

SB40, s. 3299 Section 3299. 343.30 (4) of the statutes is amended to read:

SB40,1481,4 343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately may take possession of any suspended or revoked license and. If the court takes possession of a license, it shall destroy the license. The court shall forward it, as provided in s. 345.48, to the department together with the record of conviction and notice of suspension or revocation. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.

SB40, s. 3300 Section 3300. 343.30 (5) of the statutes is amended to read:

SB40,1481,15 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.09 (1) (c), 800.095 (4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends , or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

SB40, s. 3301 Section 3301. 343.301 (1) (e) of the statutes is created to read:

SB40,1482,3 343.301 (1) (e) The court shall notify the department, in a form and manner prescribed by the department, that an order requiring a motor vehicle to be equipped with an ignition interlock device has been entered. If the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342, the registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification if the motor vehicle is registered in this state under ch. 341 and the department has issued a valid certificate of title for the vehicle under ch. 342.

SB40, s. 3302 Section 3302. 343.301 (2) (d) of the statutes is amended to read: