SB40: Bill Text

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:

SB40,1482,16 343.301 (2) (d) The court shall notify the department, in a form and manner prescribed by the department, that an order to immobilize a motor vehicle has been entered. The 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. 3303 Section 3303. 343.305 (6) (e) 2. am. of the statutes is amended to read:

SB40,1482,23 343.305 (6) (e) 2. am. In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A permit or approval that is issued or renewed under this section in reliance on a statement submitted under this subd. 2. am. is invalid if the statement is false.

SB40, s. 3304 Section 3304. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB40,1483,4 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of workforce development children and families for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB40, s. 3305 Section 3305. 343.305 (7) (a) of the statutes is amended to read:

SB40,1483,12 343.305 (7) (a) If a person submits to chemical testing administered in accordance with this section and any test results indicate the presence of a detectable amount of a restricted controlled substance in the person's blood or a prohibited alcohol concentration, the law enforcement officer shall report the results to the department and take possession of the person's license and forward it to the department. The person's operating privilege is administratively suspended for 6 months.

SB40, s. 3306 Section 3306. 343.305 (7) (b) of the statutes is amended to read:

SB40,1483,25 343.305 (7) (b) If a person who was driving or operating or on duty time with respect to a commercial motor vehicle submits to chemical testing administered in accordance with this section and any test results indicate an alcohol concentration above 0.0, the law enforcement officer may take possession of the person's license and retain the license for 24 hours. The person may reclaim a seized license in person or request return of the license by mail. The law enforcement officer shall issue a citation for violation of s. 346.63 (7) (a) 1., issue citations for such other violations as may apply and issue an out-of-service order to the person for the 24 hours after the testing, and report both the out-of-service order and the test results to the department in the manner prescribed by the department. If the person is a nonresident, the department shall report issuance of the out-of-service order to the driver licensing agency in the person's home jurisdiction.

SB40, s. 3307 Section 3307. 343.305 (8) (b) 5. (intro.) of the statutes is amended to read:

SB40,1484,5 343.305 (8) (b) 5. (intro.) If the hearing examiner finds that any of the following applies, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of the any fee under s. 343.21 (1) (j) or (n):

SB40, s. 3308 Section 3308. 343.305 (8) (c) 5. of the statutes is amended to read:

SB40,1484,9 343.305 (8) (c) 5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay the any fee under s. 343.21 (1) (j) or (n).

SB40, s. 3309 Section 3309. 343.305 (9) (a) (intro.) of the statutes is amended to read:

SB40,1485,6 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB40, s. 3310 Section 3310. 343.305 (9) (am) (intro.) of the statutes is amended to read:

SB40,1486,3 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made or to the municipal court in the municipality in which the refusal is made if the person's refusal was in violation of a municipal ordinance and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

SB40, s. 3311 Section 3311. 343.305 (10) (b) 3. of the statutes is amended to read:

SB40,1486,14 343.305 (10) (b) 3. 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 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 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, if applicable.

SB40, s. 3312 Section 3312. 343.305 (10) (b) 4. of the statutes is amended to read:

SB40,1486,25 343.305 (10) (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 (2), equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 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, if applicable.

SB40, s. 3313 Section 3313. 343.305 (10) (c) 1. (intro.), a. and c. of the statutes are consolidated, renumbered 343.305 (10) (c) 1. and amended to read:

SB40,1488,2 343.305 (10) (c) 1. Except as provided in subd. 1. a. or b. this subdivision, if the person is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, 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 person and the department of transportation of the assessment order. The court shall also notify the person that noncompliance with assessment or the driver safety plan will result in license suspension 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. 3314 Section 3314. 343.305 (10) (c) 1. b. of the statutes is repealed.

SB40, s. 3315 Section 3315. 343.305 (11) of the statutes is amended to read:

SB40,1488,11 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts, municipal courts, attorneys who represent municipalities, and district attorneys, and driver licensing agencies of other jurisdictions. The rules may not affect any provisions relating to court procedure.

SB40, s. 3316 Section 3316. 343.31 (1) (intro.) of the statutes is amended to read:

SB40,1488,19 343.31 (1) (intro.) The department shall revoke a person's the operating privilege of a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license upon receiving a record of conviction showing that the person has been convicted of any of the following offenses under a state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law:

SB40, s. 3317 Section 3317. 343.31 (1) (hm) of the statutes is repealed.

SB40, s. 3318 Section 3318. 343.31 (2) of the statutes is amended to read:

SB40,1489,19 343.31 (2) The department shall revoke the operating privilege of any resident person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this section or for revocation under s. 343.30 (1q) or which is identified in the rules under s. 343.02 (3) (b) as an offense for which a person is subject to revocation. Such offenses shall include violation of any law of another jurisdiction that prohibits a person from using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof; with an excess or specified range of alcohol concentration; while under the influence of any drug to a degree that renders the person incapable of safely driving; or while having a detectable amount of a restricted controlled substance in his or her blood, as those or substantially similar terms are used in that other jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke the privilege of the nonresident to operate a motor vehicle in this state. Such revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state. This subsection does not apply if the other jurisdiction in which the offense was committed suspended or revoked the person's operating privilege in that other jurisdiction as a result of the conviction and the period of suspension or revocation in that other jurisdiction has expired or if, at the time of the conviction, the person was licensed in or resided in another jurisdiction.

SB40, s. 3319 Section 3319. 343.31 (2m) of the statutes is repealed.

SB40, s. 3320 Section 3320. 343.31 (2r) of the statutes is amended to read:

SB40,1490,2 343.31 (2r) The department shall suspend a person's the operating privilege of a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license upon receiving a record of conviction showing that the person has been convicted of perjury or the making of a false affidavit or the making of a false statement or certification to the department under this chapter or any other law relating to the ownership or operation of motor vehicles.

SB40, s. 3321 Section 3321. 343.31 (2z) of the statutes is created to read:

SB40,1490,9 343.31 (2z) (a) The department shall revoke, in the manner provided in sub. (1), the operating privilege of a nonresident upon receiving a record of the person's conviction of committing in this state any offense specified in sub. (1) if the person is licensed by or resides in another jurisdiction that is not a member jurisdiction or if the offense specified in sub. (1) is not an offense identified in the rules under s. 343.02 (3) (b).

SB40,1490,14 (b) The department shall suspend, in the manner provided in sub. (2r), the operating privilege of a nonresident upon receiving a record of the person's conviction of committing in this state an offense specified in sub. (2r) if the person is licensed by or resides in another jurisdiction that is not a member jurisdiction or if the offense specified in sub. (2r) is not an offense identified in the rules under s. 343.02 (3) (b).

SB40, s. 3322 Section 3322. 343.31 (3) (a) of the statutes is amended to read:

SB40,1490,18 343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s), or (2x), all revocations or suspensions under this section shall be for a period of one year.

SB40, s. 3323 Section 3323. 343.31 (3) (b) of the statutes is repealed.

SB40, s. 3324 Section 3324. 343.31 (3) (bg) of the statutes is created to read:

SB40,1490,22 343.31 (3) (bg) The period of suspension or revocation under sub. (2) shall be the same as if the person were convicted of the offense in this state.

SB40, s. 3325 Section 3325. 343.31 (3) (bm) (intro.) of the statutes is amended to read:

SB40,1491,2 343.31 (3) (bm) (intro.) For any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license and who is convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1):

SB40, s. 3326 Section 3326. 343.31 (3) (c) of the statutes is amended to read:

SB40,1491,12 343.31 (3) (c) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 940.09 of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years.

SB40, s. 3327 Section 3327. 343.31 (3) (d) (intro.) of the statutes is amended to read:

SB40,1491,18 343.31 (3) (d) (intro.) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted of knowingly fleeing or attempting to elude a traffic officer under s. 346.04 (3) shall have his or her operating privilege revoked as follows:

SB40, s. 3328 Section 3328. 343.31 (3) (e) of the statutes is amended to read:

SB40,1492,2 343.31 (3) (e) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled.

SB40, s. 3329 Section 3329. 343.31 (3) (f) of the statutes is amended to read:

SB40,1492,10 343.31 (3) (f) Any person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years.

SB40, s. 3330 Section 3330. 343.31 (3) (i) of the statutes is amended to read:

SB40,1492,16 343.31 (3) (i) If a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted for a violation of s. 346.67 (1) where the accident involved great bodily harm, the period of revocation is 2 years.

SB40, s. 3331 Section 3331. 343.31 (3) (j) of the statutes is amended to read:

SB40,1492,22 343.31 (3) (j) If a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license, or who is subject to revocation of the person's operating privilege under sub. (2z) (a), and who is convicted for a violation of s. 346.67 (1) where the accident involved death, the period of revocation is 5 years.

SB40, s. 3332 Section 3332. 343.315 (2) (f) 7. of the statutes is amended to read:

SB40,1493,7 343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards that, if the commercial driver license is issued under this chapter, are issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.

SB40, s. 3333 Section 3333. 343.315 (2) (fm) of the statutes is amended to read:

SB40,1493,13 343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of violating s. 343.14 (5) or 345.17 or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.14 (5) or 345.17, if the violation relates to an application for a commercial driver license.

SB40, s. 3334 Section 3334. 343.315 (2) (h) of the statutes is amended to read:

SB40,1494,2 343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law.

SB40, s. 3335 Section 3335. 343.315 (2) (j) (intro.) of the statutes is amended to read:

SB40,1494,11 343.315 (2) (j) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, "railroad crossing violation" means a violation of a federal, state, or local law, rule, or regulation, including the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:

SB40, s. 3336 Section 3336. 343.315 (3) (a) of the statutes is amended to read: