AB178: Bill Text

LRB-0714/2

ARG:bjk:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 178

March 30, 2009 - Introduced by Representatives Grigsby, Kessler, Fields, Young, Roys, A. Williams, Vruwink, Turner, Berceau, A. Ott, Sinicki, Colon, Honadel, Toles and Mason, cosponsored by Senators Taylor, Lehman, Erpenbach, Grothman and Plale. Referred to Committee on Transportation.

AB178,2,2 An Act to repeal 343.10 (2) (a) 3., 343.39 (1) (a) and 345.48 (3); to renumber and amend 343.26 and 343.39 (3); to amend 118.163 (2) (a), 118.163 (2m) (a), 343.03 (1) (b), 343.05 (1) (a), 343.06 (2), 343.20 (1) (a), 343.28 (2), 343.28 (3), 343.30 (4), 343.30 (6) (d), 343.305 (7) (a), 343.305 (7) (b), 343.305 (9) (a) (intro.), 343.305 (9) (am) (intro.), 343.315 (3) (a), 343.315 (3) (b), 343.32 (1m) (d), 343.38 (title), 343.38 (1) (intro.), 343.38 (1) (a), 343.38 (2), 343.38 (3), 343.39 (1) (b), 343.39 (2), 345.24 (2), 345.47 (1) (c), 345.48 (2), 345.48 (4), 800.09 (1) (c), 938.17 (2) (d) 2., 938.34 (8), 938.34 (8d) (d), 938.34 (14m), 938.34 (14r) (a), 938.34 (14r) (c), 938.342 (1g) (a), 938.343 (2), 938.344 (2e) (b), 938.344 (2e) (c), 938.355 (6) (d) 2., 938.355 (6m) (a) 1m., 961.50 (1) (intro.) and 961.50 (3); to repeal and recreate 343.20 (1) (a) and 343.26 (1); and to create 343.26 (2) and 343.38 (3g) and (3r) of the statutes; relating to: motor vehicle operating privileges, seizures by courts or law enforcement officers of operator's licenses, and reinstatement of canceled identification cards.

Analysis by the Legislative Reference Bureau

Under current law, if a court suspends or revokes a person's operating privilege, the court must take possession of the person's operator's license and forward it to the Department of Transportation (DOT). If a person is arrested for operating a motor vehicle while under the influence of an intoxicant (OWI), a law enforcement officer requests the person to take a test to determine the amount of alcohol in his or her blood or breath, and the person either refuses to take the test or the test results indicate a prohibited alcohol concentration, the officer must take possession of the person's operator's license and forward it to DOT.

Under this bill, a court that suspends or revokes a person's operating privilege may take possession of a person's operator's license but is not required to do so. If a court does take possession of a person's operator's license, the court must destroy the license. Upon reinstatement of the person's operating privilege, instead of returning the license, DOT must issue a new license. Also, a law enforcement officer who arrests a person for OWI may not take possession of a person's operator's license. The bill also allows a person who is otherwise eligible to obtain an occupational license to do so without surrendering his or her revoked operator's license.

Under current law, if a court suspends a person's operating privilege for certain violations and at the time of the suspension the person does not have a valid operator's license, the period of operating privilege suspension does not begin until the person is eligible and applies for an operator's license or until a specified period of time elapses, whichever occurs first.

Under this bill, a person need not apply for issuance, renewal, or reinstatement of an operator's license to trigger the commencement of the period of operating privilege suspension. The period of operating privilege suspension begins when the person first becomes eligible for issuance, renewal, or reinstatement of an operator's license. This bill also eliminates the requirement that a nonresident whose operating privilege is revoked in this state obtain a valid operator's license issued by his or her resident state as a condition of reinstatement by DOT of the nonresident's operating privilege.

Current law provides in most cases for automatic reinstatement of a person's suspended operating privilege after the period of operating privilege suspension has terminated and the person has paid the reinstatement fee. However, after revocation of a person's operating privilege, disqualification of a person's authorization to operate a commercial motor vehicle, or cancellation of a person's operator's license, in most cases reinstatement requires DOT to issue a new operator's license. Reinstated licenses expire two years from the person's next birthday.

This bill provides for automatic reinstatement of a person's revoked operating privilege if the applicable period of revocation has expired and the person has applied for reinstatement and paid to DOT the applicable fee. The bill also provides for automatic reinstatement of a person's canceled operator's license or identification card if the cancellation occurred for specified reasons, the person has paid to DOT the applicable fee, and the reasons for the cancellation have been rectified.

The bill clarifies the general requirements for reinstatement of a person's authorization to operate a commercial motor vehicle. Under the bill, upon a person's application for reinstatement, DOT may reinstate the person's authorization to operate a commercial motor vehicle and issue a commercial driver license to the person if the person has paid the required fees and taken any examination required by DOT; however, DOT may not do so during any period of disqualification under state or federal law, under the law of another jurisdiction disqualifying the person from operating a commercial motor vehicle under circumstances similar to those specified in state or federal law, or under a federal agency determination that the person is no longer qualified to operate a commercial motor vehicle. The bill also provides for automatic reinstatement if the disqualification results from the issuance of a 24-hour out-of-service order. The bill eliminates the two-year expiration period for reinstated licenses if the license is canceled on a basis for which automatic reinstatement applies.

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

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

AB178, s. 1 Section 1. 118.163 (2) (a) of the statutes is amended to read:

AB178,3,7 118.163 (2) (a) Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB178, s. 2 Section 2. 118.163 (2m) (a) of the statutes is amended to read:

AB178,4,5 118.163 (2m) (a) A county, city, village or town may enact an ordinance permitting a court to suspend the operating privilege of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The ordinance shall provide that the court may suspend the person's operating privilege until the person reaches the age of 18. The court shall immediately may take possession of any suspended license and forward it. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation together with a notice stating the reason for and the duration of the suspension.

AB178, s. 3 Section 3. 343.03 (1) (b) of the statutes is amended to read:

AB178,4,9 343.03 (1) (b) The department shall issue operator's licenses in conformity with the classified driver license system to each licensee upon renewal, reinstatement or initial application, or cancellation under s. 343.26 (1).

AB178, s. 4 Section 4. 343.05 (1) (a) of the statutes is amended to read:

AB178,4,18 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).

AB178, s. 5 Section 5. 343.06 (2) of the statutes is amended to read:

AB178,5,7 343.06 (2) The department shall not issue a commercial driver license, including a renewal or reinstated license, to any person, or reinstate a person's authorization to operate a commercial motor vehicle, during any period of disqualification under s. 343.315 or 49 CFR 383.51 or , under the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987, disqualifying a person from operating a commercial motor vehicle under circumstances similar to those specified in s. 343.315 or 49 CFR 383.51, or under a determination by the federal motor carrier safety administration that the person is no longer qualified to operate a commercial motor vehicle under 49 CFR 391, or to any person whose operating privilege is revoked, suspended, or canceled. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315.

AB178, s. 6 Section 6. 343.10 (2) (a) 3. of the statutes is repealed.

AB178, s. 7 Section 7 . 343.20 (1) (a) of the statutes is amended to read:

AB178,5,21 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085, licenses issued after cancellation under s. 343.26 (1), 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.

AB178, s. 8 Section 8. 343.20 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB178,6,10 343.20 (1) (a) Except as otherwise expressly provided in this chapter, probationary licenses issued under s. 343.085, licenses issued after cancellation under s. 343.26 (1), 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) (b) and (d) shall be prorated accordingly.

AB178, s. 9 Section 9. 343.26 of the statutes is renumbered 343.26 (1) and amended to read:

AB178,6,18 343.26 (1) Any Except as provided in sub. (2), 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, 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.

AB178, s. 10 Section 10. 343.26 (1) of the statutes, as affected by 2007 Wisconsin Act 20, section 3291, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB178,7,2 343.26 (1) Except as provided in sub. (2), 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.

AB178, s. 11 Section 11. 343.26 (2) of the statutes is created to read:

AB178,7,6 343.26 (2) If a person's license has been canceled under s. 343.25 (2) or (3), or canceled because of the person's nonpayment of a fee, the person's license may be reinstated as provided in s. 343.38 (3g).

AB178, s. 12 Section 12. 343.28 (2) of the statutes is amended to read:

AB178,7,20 343.28 (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.

AB178, s. 13 Section 13. 343.28 (3) of the statutes is amended to read:

AB178,7,25 343.28 (3) If a person is convicted of committing a violation as defined by s. 343.30 (6) (a), 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.

AB178, s. 14 Section 14. 343.30 (4) of the statutes is amended to read:

AB178,8,9 343.30 (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.

AB178, s. 15 Section 15. 343.30 (6) (d) of the statutes is amended to read:

AB178,8,17 343.30 (6) (d) If the person subject to suspension under this subsection does not hold a valid license under this chapter other than a license under s. 343.07 or 343.08 on the date of disposition, the suspension under par. (b) shall commence on the date that such a license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition, whichever occurs first on which the person is first eligible for issuance, renewal, or reinstatement of an operator's license under this chapter.

AB178, s. 16 Section 16. 343.305 (7) (a) of the statutes is amended to read:

AB178,8,25 343.305 (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.

AB178, s. 17 Section 17. 343.305 (7) (b) of the statutes is amended to read:

AB178,9,13 343.305 (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.

AB178, s. 18 Section 18. 343.305 (9) (a) (intro.) of the statutes is amended to read:

AB178,9,25 343.305 (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:

AB178, s. 19 Section 19. 343.305 (9) (am) (intro.) of the statutes is amended to read:

AB178,11,7 343.305 (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:

AB178, s. 20 Section 20. 343.315 (3) (a) of the statutes is amended to read:

AB178,11,19 343.315 (3) (a) Notwithstanding s. 343.39, if If a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2). The Notwithstanding s. 343.38 (3r), the person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles.

AB178, s. 21 Section 21. 343.315 (3) (b) of the statutes is amended to read:

AB178,12,5 343.315 (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 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.

AB178, s. 22 Section 22. 343.32 (1m) (d) of the statutes is amended to read:

AB178,12,11 343.32 (1m) (d) If the person's license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator's license issued under this chapter, the suspension or revocation under this subsection is effective on the date on which the person is first eligible and applies for issuance, renewal, or reinstatement of an operator's license under this chapter.

AB178, s. 23 Section 23. 343.38 (title) of the statutes is amended to read:

AB178,12,15 343.38 (title) License Reinstatement after revocation or, suspension; reinstatement of nonresident's operating privilege, cancellation, or disqualification.

AB178, s. 24 Section 24. 343.38 (1) (intro.) of the statutes is amended to read:

AB178,12,20 343.38 (1) License Reinstatement after revocation. (intro.) Except as provided in ss. 343.10, 343.39, and 351.07, the department shall not issue a license to reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and such the person: