SB40: Bill Text

SB40,1495,10 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application by the person and payment of a duplicate license fee the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

SB40, s. 3338 Section 3338 . 343.315 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1495,22 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department shall, subject to par. (bm), immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

SB40, s. 3339 Section 3339. 343.315 (3) (bm) of the statutes is created to read:

SB40,1496,2 343.315 (3) (bm) Upon receiving a record of conviction for any offense causing a person to be disqualified from operating a commercial motor vehicle under sub. (2) or a notice specified in sub. (2) (k), the department shall record the disqualification if required by s. 343.23 (2) (am) and, subject to s. 343.03 (7) (b), do one of the following:

SB40,1496,7 1. 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 department shall issue an order disqualifying the person and record the disqualification under s. 343.23 (1). The department may take any other applicable administrative action against the licensee or resident on the disqualification.

SB40,1496,13 2. If the person is a nonresident, the department shall provide notice to the person's home jurisdiction as required under s. 343.36 (3). Subject to s. 343.23 (2) (am) 3., if the person is a nonresident, the department may not issue an order disqualifying the person, record the disqualification under s. 343.23 (1), or take any other administrative action against the person on the disqualification. The department may record the disqualification under s. 343.23 (2m).

SB40, s. 3340 Section 3340. 343.315 (3) (d) of the statutes is amended to read:

SB40,1496,17 343.315 (3) (d) Disqualifications Subject to sub. (4), disqualifications shall be effective from the date of conviction of the disqualifying offense the order of disqualification.

SB40, s. 3341 Section 3341. 343.32 (1) of the statutes is repealed.

SB40, s. 3342 Section 3342. 343.32 (1m) (a) of the statutes is repealed.

SB40, s. 3343 Section 3343. 343.32 (1m) (b) (intro.) of the statutes is amended to read:

SB40,1497,9 343.32 (1m) (b) (intro.) The secretary 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 for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension of such person's operating privilege under s. 961.50. This paragraph 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. The person is eligible for an occupational license under s. 343.10 as follows:

SB40, s. 3344 Section 3344. 343.32 (1s) of the statutes is amended to read:

SB40,1497,24 343.32 (1s) The Notwithstanding ss. 125.085 (3) (bd) and 343.30 (6) (bm), the secretary shall suspend the operating privilege of 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 has been convicted under 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, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for suspension under this subsection, of altering the person's license, loaning the person's license to another, or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license. This paragraph 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. 3345 Section 3345. 343.32 (1v) of the statutes is created to read:

SB40,1498,15 343.32 (1v) The secretary may suspend or revoke the operating privilege of any 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 suspension or revocation in another jurisdiction of the person's operating privilege for an offense therein which, if committed in this state, would have been cause for suspension or revocation under any law of this state or which is identified in the rules under s. 343.02 (3) (b) as an offense for which a person is subject to suspension or revocation, or upon receiving notice of any circumstances occurring in another jurisdiction which, if occurring in this state, would have been cause for administrative suspension under s. 343.305 (7) (a). This subsection does not apply if the period of suspension or revocation in the other jurisdiction has expired or if, at the time of the offense or time that the circumstances occurred, the person was licensed in or resided in another jurisdiction. This subsection does not apply with respect to any suspension or revocation in another jurisdiction for failure to comply with the order of, or appear before, a court of that other jurisdiction.

SB40, s. 3346 Section 3346. 343.32 (2) (a) of the statutes is amended to read:

SB40,1499,10 343.32 (2) (a) The secretary may 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 if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law, or any law of another jurisdiction for an offense therein which, if committed in this state, would have been cause for demerit point assessment under this subsection. The secretary may not consider, for purposes of this paragraph, any offense occurring in another jurisdiction if, at the time of any conviction for the offense, the person was licensed in or resided in another jurisdiction. For the purpose of determining when to suspend an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.

SB40, s. 3347 Section 3347. 343.325 (4) of the statutes is amended to read:

SB40,1499,19 343.325 (4) If a person whose suspension, revocation or disqualification was stayed pursuant to sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31 or 343.315 an order of disqualification is required under s. 343.315 (3) (bm) 1., during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.

SB40, s. 3348 Section 3348. 343.33 (2) of the statutes is amended to read:

SB40,1500,2 343.33 (2) Upon the hearing, the department or its a hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.

SB40, s. 3349 Section 3349. 343.34 (1) of the statutes is amended to read:

SB40,1500,7 343.34 (1) Whenever the secretary is satisfied that a person has violated a restriction on the a license issued under this chapter and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.

SB40, s. 3350 Section 3350. 343.34 (2) of the statutes is amended to read:

SB40,1500,11 343.34 (2) When a person who is a licensee under this chapter or is a resident to whom another jurisdiction has not issued an operator's license has been convicted under s. 343.16 (7) (b).

SB40, s. 3351 Section 3351. 343.345 of the statutes is amended to read:

SB40,1500,21 343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40, s. 3352 Section 3352 . 343.345 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1501,8 343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or 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 if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40, s. 3353 Section 3353. 343.36 (title) of the statutes is amended to read:

SB40,1501,11 343.36 (title) Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction and notices.

SB40, s. 3354 Section 3354. 343.36 (3) of the statutes is renumbered 343.36 (3) (a) and amended to read:

SB40,1501,25 343.36 (3) (a) Upon Subject to s. 343.03 (7) (b) and (c), upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension, or disqualification under the laws of this state, or upon otherwise receiving any order of a court in this state suspending or revoking a nonresident's operating privilege or disqualifying a nonresident, the department shall forward, within 30 days of receiving the record of conviction or order, a certified copy of such record or order to the motor vehicle administrator in the state wherein the person so convicted is a resident driver licensing agency of the person's home jurisdiction. If the department subsequently receives any notice under s. 343.325 (1) or (6) related to the conviction or order, the department shall forward a certified copy of the notice to the same driver licensing agency.

SB40, s. 3355 Section 3355. 343.36 (3) (b), (c) and (d) of the statutes are created to read:

SB40,1502,5 343.36 (3) (b) Subject to s. 343.03 (7) (b), upon receiving any of the following information with respect to a nonresident, the department shall forward, within 30 days of receiving the information, notice of the information to the driver licensing agency of the person's home jurisdiction:

SB40,1502,8 1. A report of positive test results under s. 343.305 (7) (a). Notice forwarded by the department shall include notice of the administrative suspension under s. 343.305 (7) (a).

SB40,1502,10 2. A report of positive test results and issuance of an out-of-service order under s. 343.305 (7) (b).

SB40,1502,12 3. A report of the results of any hearing conducted by the department related to positive test results described in subd. 1. or 2.

SB40,1502,21 (c) Subject to s. 343.03 (7) (b) and (c), upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense that is identified in the rules under s. 343.02 (3) (b) but which is not grounds for revocation, suspension, or disqualification under the laws of this state, the department shall forward, within 30 days of receiving the record of conviction, a certified copy of such record to the driver licensing agency of the person's home jurisdiction. If the department subsequently receives any notice under s. 343.325 (1) or (6) related to the conviction, the department shall forward a certified copy of the notice to the same driver licensing agency.

SB40,1503,2 (d) If a nonresident operator of a motor vehicle commits an offense in this state that is grounds for suspension of a person's operating privilege under ch. 344, the department shall forward notice of the offense to the driver licensing agency of the person's home jurisdiction, which notice shall include notice of any suspension by the department as provided under s. 344.08 (1m), 344.14 (1r), or 344.25 (7).

SB40, s. 3356 Section 3356. 343.38 (1) (a) of the statutes is amended to read:

SB40,1503,5 343.38 (1) (a) Files with the department an application for license together with the all required fee fees; and

SB40, s. 3357 Section 3357. 343.38 (1) (c) 2. c. of the statutes is amended to read:

SB40,1503,8 343.38 (1) (c) 2. c. Reinstatement of an operating privilege revoked under s. 343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or (bm) 2.

SB40, s. 3358 Section 3358. 343.38 (2) of the statutes is amended to read:

SB40,1503,15 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fee fees specified in s. 343.21 (1) (j) and (n).

SB40, s. 3359 Section 3359 . 343.38 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1503,23 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such the nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fees specified in s. 343.21 (1) (j) and (n).

SB40, s. 3360 Section 3360. 343.38 (4) (intro.) of the statutes is amended to read:

SB40,1504,7 343.38 (4) First issuance of license in Wisconsin after suspension or revocation by another state. (intro.) The department may issue an operator's license to a person moving to this state whose operating privileges have privilege has been previously suspended or revoked in another state jurisdiction when their the person's operating privilege has been reinstated or the person is eligible for reinstatement in that state the other jurisdiction and the following conditions have been met:

SB40, s. 3361 Section 3361. 343.38 (4) (a) of the statutes is repealed.

SB40, s. 3362 Section 3362. 343.38 (4) (b) of the statutes is repealed.

SB40, s. 3363 Section 3363. 343.39 (1) (a) of the statutes is amended to read:

SB40,1504,16 343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the reinstatement fee fees specified in s. 343.21 (1) (j) has and (n) have been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

SB40, s. 3364 Section 3364 . 343.39 (1) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1504,24 343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the fees specified in s. 343.21 (1) (j) and (n) have been paid to the department and, for reinstatement of an the operating privilege of a resident suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

SB40, s. 3365 Section 3365. 343.39 (2) of the statutes is amended to read:

SB40,1505,10 343.39 (2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the person's license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1), including, if applicable, payment of the reinstatement fee required under sub. (1) (a), the department shall issue a new license without any additional fee for the license.

SB40, s. 3366 Section 3366. 343.43 (1) (g) of the statutes is amended to read:

SB40,1505,13 343.43 (1) (g) Deface or alter a license except to endorse a change of address authorized by s. 343.22 (1) or (2).

SB40, s. 3367 Section 3367. 343.44 (1) (a) of the statutes is amended to read:

SB40,1505,25 343.44 (1) (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state or, if the person is not a resident, under the laws of the person's home jurisdiction, may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

SB40, s. 3368 Section 3368. 343.44 (1) (b) of the statutes is amended to read:

SB40,1506,10 343.44 (1) (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state or, if the person is not a resident, under the laws of the person's home jurisdiction, may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

SB40, s. 3369 Section 3369. 343.44 (1) (c) of the statutes is amended to read:

SB40,1506,15 343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law.

SB40, s. 3370 Section 3370. 343.44 (2) (am) of the statutes is amended to read:

SB40,1506,21 343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation of sub. (1) (b), or of operating a motor vehicle in violation of s. 343.44 (1), 1997 stats., with an operating privilege that is revoked, within the preceding 5-year period, the penalty under par. (b) shall apply.

SB40, s. 3371 Section 3371. 343.44 (2r) of the statutes is amended to read:

SB40,1507,4 343.44 (2r) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) shall be counted. Convictions of s. 343.44 (1), 1997 stats., other than for operating a commercial motor vehicle while ordered out-of-service under the law of another jurisdiction for offenses therein which, if committed in this state, would have been violations of this section shall be counted under this section as prior convictions.

SB40, s. 3372 Section 3372. 343.44 (2s) of the statutes is amended to read:

SB40,1507,17 343.44 (2s) Citations. Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address, including, if the person is not a resident, an address in another jurisdiction. The venue for prosecution may be the county where the alleged offense occurred or, if the person is a resident, in the person's county of residence.

SB40, s. 3373 Section 3373. 343.44 (4r) of the statutes is amended to read:

SB40,1507,23 343.44 (4r) Violation of out-of-service order. In addition to other penalties for violation of this section, if a person has violated this section after he or she the person or the commercial motor vehicle operated by the person was ordered out-of-service under the law of this state or another jurisdiction or under federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

SB40, s. 3374 Section 3374. 343.50 (1) of the statutes is amended to read:

SB40,1508,3 343.50 (1) Issuance. The department shall issue to every qualified applicant, who has paid the all required fee fees, an identification card as provided in this section.

SB40, s. 3375 Section 3375 . 343.50 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 343.50 (1) (a) and amended to read:

SB40,1508,8 343.50 (1) (a) The Subject to par. (b) and s. 343.165, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.

SB40, s. 3376 Section 3376. 343.50 (1) (b) and (c) of the statutes are created to read:

SB40,1508,19 343.50 (1) (b) The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.

SB40,1508,22 (c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 30 days.

SB40, s. 3377 Section 3377. 343.50 (2) of the statutes is amended to read: