LRB-0276/1
ARG:kpe&kjf:rs
2011 - 2012 LEGISLATURE
March 21, 2011 - Introduced by Representatives Pridemore, Kerkman, Strachota
and Spanbauer, cosponsored by Senators Olsen and
Lassa. Referred to
Committee on Transportation.
AB55,1,4
1An Act to repeal 346.22 (1) (f);
to renumber and amend 343.30 (1j) and 345.60
2(4); and
to amend 343.30 (1), 343.31 (3) (a), 343.38 (3), 345.60 (1), 346.22 (1)
3(c), 346.22 (1) (d) and 346.22 (1) (e) of the statutes;
relating to: vehicle
4failure-to-yield violations.
Analysis by the Legislative Reference Bureau
Under current law, the operator of a vehicle must yield the right-of-way to
another vehicle under certain circumstances, including: 1) when turning left across
traffic; 2) at an intersection posted with a yield sign; 3) when entering a through
highway or a highway from an alley or driveway or from a parked or standing
position; or 4) when entering a highway from another highway that ends at a "T"
intersection. A person who fails to yield the right-of-way as required is subject to
a forfeiture of not less than $20 nor more than $50 for a first offense and not less than
$50 nor more than $100 for any subsequent offense within a year, except that the
forfeiture is doubled if the person fails to yield at a yield sign in a highway
maintenance or construction area or in a utility work area. In addition, if a person's
failure to yield the right-of-way results in bodily harm or death to another, the court
must suspend the person's motor vehicle operating privilege and the person must
forfeit $200 if bodily harm results, $500 if great bodily harm results, and $1,000 if
death results. For any failure-to-yield violation, the court must also order the
person who commits the violation to attend a traffic safety school approved by the
Department of Transportation (DOT) and conducted by a police department, sheriff's
office, or regularly established safety organization. The traffic safety school must
acquaint the person with vehicle right-of-way rules and provide instruction on
motorcycle, pedestrian, and bicycle awareness.
Current law also allows a court to suspend a person's operating privilege if the
person is convicted of violating any state or local traffic law.
Under this bill, if a person is convicted of a failure-to-yield violation that
results in bodily harm, great bodily harm, or death, DOT must suspend the person's
operating privilege, but a court cannot suspend the person's operating privilege.
This DOT suspension must be for a period of two months if the offense resulted in
bodily harm to another, three months if the offense resulted in great bodily harm to
another, and nine months if the offense resulted in the death of another. The bill
requires DOT, instead of a court, to order a person to attend traffic safety school for
a failure-to-yield violation. The traffic safety school must be conducted by a
regularly established safety organization, a licensed driver school, or a provider of
driver education courses and must be approved by DOT. The traffic safety school's
course of instruction must acquaint the person with vehicle right-of-way rules and
provide instruction on motorcycle, pedestrian, and bicycle awareness. If the traffic
safety school is conducted by a driver school or provider of driver education courses,
the driver school or provider must issue a certificate upon successful completion of
the traffic safety school. If a person's operating privilege has been suspended as a
result of a failure-to-yield violation that results in injury or death, DOT may not
reinstate the person's operating privilege unless the person has successfully
completed the traffic safety school.
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:
AB55, s. 1
1Section
1. 343.30 (1) of the statutes is amended to read:
AB55,2,62
343.30
(1) A court may suspend a person's operating privilege for any period
3not exceeding one year upon such person's conviction in such court of violating any
4of the state traffic laws or any local ordinance enacted under ch. 349
, other than a
5violation of s. 346.18 or a local ordinance in conformity with s. 346.18 for which
6operating privilege suspension is required under s. 343.31 (2t) (a).
AB55, s. 2
7Section
2. 343.30 (1j) of the statutes is renumbered 343.31 (2t) (a), and 343.31
8(2t) (a) (intro.), 1., and 2., as renumbered, are amended to read:
AB55,3,5
1343.31
(2t) (a) (intro.)
Upon conviction of a person for violating s. 346.18, the
2court The department shall suspend
the violator's a person's operating privilege
3upon receiving a record of conviction for a violation of s. 346.18, or a local ordinance
4in conformity with s. 346.18, resulting in bodily harm, as defined in s. 939.22 (4),
5great bodily harm, as defined in s. 939.22 (14), or death, as follows:
AB55,3,76
1. For a period of
30 days 2 months, if the offense resulted in bodily harm to
7another but did not result in great bodily harm or the death of another.
AB55,3,98
2. For a period of
90 days 3 months, if the offense resulted in great bodily harm
9to another but did not result in the death of another.
AB55, s. 3
10Section
3. 343.31 (3) (a) of the statutes is amended to read:
AB55,3,1311
343.31
(3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s),
12(2t), or (2x), all revocations or suspensions under this section shall be for a period of
13one year.
AB55, s. 4
14Section
4. 343.38 (3) of the statutes is amended to read:
AB55,3,2315
343.38
(3) Reinstatement after suspension. Except as provided in sub. (2) and
16s. 343.10, the department shall not reinstate the operating privilege of a person
17whose operating privilege has been duly suspended while the suspension remains in
18effect.
Upon Subject to s. 343.31 (2t) (b), upon the expiration of the period of
19suspension, the person's operating privilege is reinstated upon receipt by the
20department of the fees specified in s. 343.21 (1) (j) and (n) and, for reinstatement of
21an operating privilege suspended under ch. 344, the filing with the department of
22proof of financial responsibility, if required, in the amount, form, and manner
23specified under ch. 344.
AB55, s. 5
24Section
5. 345.60 (1) of the statutes is amended to read:
AB55,4,10
1345.60
(1) Except as provided in
subs. (3) and (4) sub. (3) and s. 343.31 (2t) (b),
2in addition to or in lieu of other penalties provided by law for violation of chs. 346 to
3348, the trial court may in its judgment of conviction order the convicted person to
4attend, for a certain number of school days, a traffic safety school whose course and
5mode of instruction is approved by the secretary
, subject to sub. (4), and which is
6conducted by the police department of the municipality, by the sheriff's office of the
7county, or by any regularly established safety organization.
The trial court may not
8order a person to attend a traffic safety school under this subsection if the
9department is required to order that the person attend a traffic safety school under
10s. 343.31 (2t) (b).
AB55, s. 6
11Section
6. 345.60 (4) of the statutes is renumbered 343.31 (2t) (b) and amended
12to read:
AB55,5,213
343.31
(2t) (b) If a person is convicted of violating s. 346.18 or a local ordinance
14in conformity with s. 346.18, in addition to any other penalty provided by law,
a court 15the department shall order the person to attend
a school under sub. (1), which, for
16a certain number of school days, a traffic safety school whose course and mode of
17instruction is approved by the secretary and which is conducted by any regularly
18established safety organization, by the provider of driver education courses approved
19under s. 38.04 (4) or 115.28 (11), or by a driver school licensed under s. 343.61. The
20traffic safety school's course of instruction shall acquaint the person with vehicle
21right-of-way rules and provide instruction on motorcycle, pedestrian, and bicycle
22awareness.
If the traffic safety school is conducted by the provider of approved driver
23education courses or a driver school, the provider or driver school shall issue to the
24person a certificate upon successful completion of the traffic safety school. If a
25person's operating privilege has been suspended under par. (a), the department may
1not reinstate the person's operating privilege unless the person has successfully
2completed the traffic safety school required under this paragraph.
AB55, s. 7
3Section
7. 346.22 (1) (c) of the statutes is amended to read:
AB55,5,64
346.22
(1) (c) If a person violates s. 346.18 and the violation results in bodily
5harm, as defined in s. 939.22 (4), to another, the person shall forfeit $200
and shall
6have his or her operating privilege suspended as provided in s. 343.30 (1j).
AB55, s. 8
7Section
8. 346.22 (1) (d) of the statutes is amended to read:
AB55,5,108
346.22
(1) (d) If a person violates s. 346.18 and the violation results in great
9bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500
and
10shall have his or her operating privilege suspended as provided in s. 343.30 (1j).
AB55, s. 9
11Section
9. 346.22 (1) (e) of the statutes is amended to read:
AB55,5,1412
346.22
(1) (e) If a person violates s. 346.18 and the violation results in death
13to another, the person shall forfeit $1,000
and shall have his or her operating
14privilege suspended as provided in s. 343.30 (1j).
AB55, s. 10
15Section
10. 346.22 (1) (f) of the statutes is repealed.
AB55,5,1917
(1) This act first applies to violations occurring on the effective date of this
18subsection, but does not preclude the counting of other violations as prior violations
19for purposes of sentencing a person.
AB55,5,2221
(1) This act takes effect on the first day of the 4th month beginning after
22publication.
