2019 - 2020 LEGISLATURE
December 13, 2019 - Introduced by Representatives Crowley, Anderson, Bowen,
Considine, Ohnstad, Sargent, Sinicki, Sortwell, Spreitzer, Stubbs, C.
Taylor
and Subeck, cosponsored by Senators Johnson and Larson. Referred
to Committee on Transportation.
AB676,2,2 1An Act to repeal 118.125 (2) (c) 2., 118.163 (1) (c), 118.163 (2) (a), 118.163 (2m),
2125.07 (4) (cm), 125.085 (3) (bp), 343.23 (3) (a), 343.24 (3), 343.28 (3), 343.30
3(1z), 343.30 (6), 343.32 (1m), 343.345, 346.655 (4), 346.657 (3), 346.93 (2f),
4346.93 (2g) (a) and (b), 767.73, 800.095 (1) (a), 938.342 (1g) (a), 938.342 (2) and
5938.364; to renumber 118.125 (2) (c) 1., 343.23 (3) (b) and 938.344 (2e) (a) 1.,
62. and 3.; to renumber and amend 346.93 (2g) (intro.) and 961.50 (2); to
7amend
85.103 (6), 118.163 (3), 125.07 (4) (bs) 1. to 4., 125.07 (4) (c) 1. to 4.,
8125.07 (4) (e) 2. (intro.), 125.07 (4) (e) 4., 125.085 (3) (bd), 343.085 (4), 343.10 (1)
9(a), 343.10 (5) (b), 343.30 (2d), 343.30 (5), 343.31 (2s), 343.32 (3), 800.09 (3) (a),
10800.09 (3) (b) (intro.), 800.095 (3), 938.17 (2) (g), 938.34 (8), 938.34 (8d) (d),
11938.34 (14r) (a), 938.343 (2), 938.344 (2) (a), 938.344 (2) (b), 938.344 (2) (c),
12938.344 (2b) (a), 938.344 (2b) (b), 938.344 (2b) (c), 938.344 (2d) (a), 938.344 (2d)
13(b), 938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.355 (6) (d) 2., 938.355 (6m) (a)
141m., 938.355 (6m) (ag), 943.21 (3m) (a) 2., (b), (c) and (d) and 961.50 (1) (intro.);

1and to create 961.50 (2) (a) of the statutes; relating to: suspensions of
2operator's licenses for certain nontraffic offenses.
Analysis by the Legislative Reference Bureau
This bill limits the reasons for which a person's motor vehicle operating
privilege may be suspended.
Under current law, a circuit court may suspend a person's operating privilege
upon conviction of certain offenses, including traffic violations, operating a motor
vehicle without a license, operating a motor vehicle while intoxicated, and certain
sexual assault offenses. A circuit court may also suspend a person's operating
privilege if the person fails to pay certain court surcharges. Also under current law,
the Department of Transportation must suspend a person's operating privilege if the
person is delinquent in making certain child or family support payments.
This bill eliminates a circuit court's authority to suspend a person's operating
privilege upon conviction of an offense that is not related to the operation of a motor
vehicle and for failure to pay a court surcharge. This bill also eliminates DOT's
authority to suspend a person's operating privilege for failure to make certain child
or family support payments.
Under current law, if a person intentionally absconds without paying for gas,
the court may suspend the person's operating privilege for a second offense and must
suspend the person's operating privilege for a third or subsequent offense. In
addition, current law allows a court to suspend a person's operating privilege if the
person is convicted of a violation of the Uniform Controlled Substances Act. Under
this bill, the suspension of the person's operating privilege applies only if the
pertinent offenses involved or occurred in a vehicle.
Under current law, with exceptions, a person under the age of 21 may not
procure or attempt to procure alcohol beverages; possess or consume alcohol
beverages; be on alcohol beverage licensed premises; or use or maintain false
identification that shows the person as being of legal drinking age (underage
violation). A person who commits an underage violation is subject to various
penalties, including suspension of the person's operating privilege. This bill
eliminates the suspension of a person's operating privilege as a penalty for an
underage violation.
Under current law, if a court assigned jurisdiction under the Juvenile Justice
Code (juvenile court) adjudges a juvenile delinquent, the juvenile court must issue
an order imposing one or more dispositions. This bill eliminates suspension of a
juvenile's operating privilege as a penalty for the following actions:
1. Violating a condition of a dispositional order.
2. Violating the Uniform Controlled Substances Act, unless the violation
involved a motor vehicle.
3. Possession, manufacture, or delivery of drug paraphernalia, unless the
violation involved a motor vehicle.

Additionally, the bill limits a suspension of a juvenile's operating privileges for
failure to pay a forfeiture or a delinquency victim and witness assistance surcharge
to a period of one year.
Finally, the bill eliminates the ability of a county, city, village, or town to
authorize, by ordinance, a court to suspend the operating privilege of a juvenile who
is a dropout between the ages of 16 and 18 or who is a habitual truant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB676,1 1Section 1 . 85.103 (6) of the statutes is amended to read:
AB676,3,52 85.103 (6) The department may disclose the personal identifier of any person
3who has made a designation under sub. (2) or (3) if the department discloses the
4personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235,
5343.24 (3) and (4), or 343.247.
AB676,2 6Section 2 . 118.125 (2) (c) 1. of the statutes is renumbered 118.125 (2) (c).
AB676,3 7Section 3 . 118.125 (2) (c) 2. of the statutes is repealed.
AB676,4 8Section 4 . 118.163 (1) (c) of the statutes is repealed.
AB676,5 9Section 5 . 118.163 (2) (a) of the statutes is repealed.
AB676,6 10Section 6 . 118.163 (2m) of the statutes is repealed.
AB676,7 11Section 7 . 118.163 (3) of the statutes is amended to read:
AB676,3,1512 118.163 (3) An ordinance enacted by a county under sub. (1m), or (2) or (2m)
13is applicable and may be enforced in that part of any city or village located in the
14county and in any town located in the county regardless of whether the city, village
15or town has enacted an ordinance under sub. (1m), or (2) or (2m).
AB676,8 16Section 8 . 125.07 (4) (bs) 1. to 4. of the statutes are amended to read:
AB676,4,217 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
18than $500, suspension of the person's operating privilege as provided under s. 343.30

1(6) (b) 1.,
or participation in a supervised work program or other community service
2work under par. (cg) or any combination both of these penalties.
AB676,4,93 2. For a violation committed within 12 months of one previous violation, either
4a forfeiture of not less than $300 nor more than $500, or participation in a supervised
5work program or other community service work under par. (cg) or any combination
6both of these penalties. In addition, the person's operating privilege may be
7suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
8(a) involved a motor vehicle the person's operating privilege shall be suspended as
9provided under s. 343.30 (6) (b) 2.
AB676,4,1610 3. For a violation committed within 12 months of 2 previous violations, either
11a forfeiture of not less than $500 nor more than $750, or participation in a supervised
12work program or other community service work under par. (cg) or any combination
13both of these penalties. In addition, the person's operating privilege may be
14suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
15(a) involved a motor vehicle the person's operating privilege shall be suspended as
16provided under s. 343.30 (6) (b) 3.
AB676,4,2317 4. For a violation committed within 12 months of 3 or more previous violations,
18either a forfeiture of not less than $750 nor more than $1,000, or participation in a
19supervised work program or other community service work under par. (cg) or any
20combination
both of these penalties. In addition, the person's operating privilege
21may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation
22of par. (a) involved a motor vehicle the person's operating privilege shall be
23suspended as provided under s. 343.30 (6) (b) 3.
AB676,9 24Section 9 . 125.07 (4) (c) 1. to 4. of the statutes are amended to read:
AB676,5,4
1125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
2than $200, suspension of the person's operating privilege as provided under s. 343.30
3(6) (b) 1.,
or participation in a supervised work program or other community service
4work under par. (cg) or any combination both of these penalties.
AB676,5,115 2. For a violation committed within 12 months of one previous violation, either
6a forfeiture of not less than $200 nor more than $300, or participation in a supervised
7work program or other community service work under par. (cg) or any combination
8both of these penalties. In addition, the person's operating privilege may be
9suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
10(b) involved a motor vehicle the person's operating privilege shall be suspended as
11provided under s. 343.30 (6) (b) 2.
AB676,5,1812 3. For a violation committed within 12 months of 2 previous violations, either
13a forfeiture of not less than $300 nor more than $500, or participation in a supervised
14work program or other community service work under par. (cg) or any combination
15both of these penalties. In addition, the person's operating privilege may be
16suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
17(b) involved a motor vehicle the person's operating privilege shall be suspended as
18provided under s. 343.30 (6) (b) 3.
AB676,5,2519 4. For a violation committed within 12 months of 3 or more previous violations,
20either a forfeiture of not less than $500 nor more than $1,000, or participation in a
21supervised work program or other community service work under par. (cg) or any
22combination
both of these penalties. In addition, the person's operating privilege
23may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation
24of par. (b) involved a motor vehicle the person's operating privilege shall be
25suspended as provided under s. 343.30 (6) (b) 3.
AB676,10
1Section 10. 125.07 (4) (cm) of the statutes is repealed.
AB676,11 2Section 11 . 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
AB676,6,83 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
4with the agreement of the defendant, may enter an additional order staying the
5execution of the penalty order and suspending or modifying the penalty imposed,
6except that the court may not stay, suspend or modify the suspension of a person's
7operating privilege required under par. (bs) or (c)
. The order under this subdivision
8shall require the defendant to do any of the following:
AB676,12 9Section 12 . 125.07 (4) (e) 4. of the statutes is amended to read:
AB676,6,2010 125.07 (4) (e) 4. If the defendant completes the alcohol abuse treatment
11program or court-approved alcohol abuse education program, the approved
12treatment facility or court-approved alcohol abuse education program shall, with
13the written informed consent of the defendant, notify the agency primarily
14responsible for providing services to the defendant that the defendant has complied
15with the order and the court shall notify the defendant of whether or not the penalty
16will be reinstated. If the court had ordered the suspension of the defendant's
17operating privilege under par. (bs) or (c), the court may order the secretary of
18transportation to reinstate the operating privilege of the defendant if he or she
19completes the alcohol abuse treatment program or court-approved alcohol abuse
20education program.
AB676,13 21Section 13 . 125.085 (3) (bd) of the statutes is amended to read:
AB676,7,222 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a
23forfeiture of not less than $300 nor more than $1,250, suspension of the person's
24operating privilege under s. 343.30 (6) (bm),
or participation in a supervised work

1program or other community service work under par. (bh) or any combination both
2of these penalties.
AB676,14 3Section 14 . 125.085 (3) (bp) of the statutes is repealed.
AB676,15 4Section 15 . 343.085 (4) of the statutes is amended to read:
AB676,7,115 343.085 (4) The secretary may require that a person be continued on
6probationary status beyond the period of first issuance if such person appears by the
7records of the department to have repeatedly violated any of the state traffic laws or
8any local ordinance in conformity therewith or any law of a federally recognized
9American Indian tribe or band in this state in conformity with any of the state traffic
10laws. A person may not be continued on probationary status due to a suspension
11under s. 343.30 (6).
AB676,16 12Section 16. 343.10 (1) (a) of the statutes is amended to read:
AB676,7,2213 343.10 (1) (a) If a person's license or operating privilege is revoked or
14suspended under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50 and
15if the person is engaged in an occupation, including homemaking or full-time or
16part-time study, or a trade making it essential that he or she operate a motor vehicle,
17the person, after payment of the fee provided in sub. (6), may file an application with
18the department setting forth in detail the need for operating a motor vehicle. No
19person may file more than one application with respect to each revocation or
20suspension of the person's license or operating privilege under this chapter or s.
21767.73,
938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not
22apply to an application to amend an occupational license restriction.
AB676,17 23Section 17. 343.10 (5) (b) of the statutes is amended to read:
AB676,8,3
1343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
2specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
3(3m), 343.32 (1m), 767.73 and 961.50.
AB676,18 4Section 18 . 343.23 (3) (a) of the statutes is repealed.
AB676,19 5Section 19 . 343.23 (3) (b) of the statutes is renumbered 343.23 (3).
AB676,20 6Section 20 . 343.24 (3) of the statutes is repealed.
AB676,21 7Section 21 . 343.28 (3) of the statutes is repealed.
AB676,22 8Section 22 . 343.30 (1z) of the statutes is repealed.
AB676,23 9Section 23 . 343.30 (2d) of the statutes is amended to read:
AB676,8,2010 343.30 (2d) A court may suspend a person's operating privilege upon conviction
11of any offense specified under ss. 940.225, 948.02, 948.025, 948.07, or 948.085, where
12the offense involved the use of a vehicle,
if the court finds that it is inimical to the
13public safety and welfare for the offender to have operating privileges. The
14suspension shall be for one year or until discharge from prison or jail sentence or
15probation, extended supervision or parole with respect to the offenses specified,
16whichever date is later. Receipt of a certificate of discharge from the department of
17corrections or other responsible supervising agency, after one year has elapsed since
18the suspension, entitles the holder to reinstatement of operating privileges. The
19holder may be required to present the certificate to the secretary if the secretary
20deems necessary.
AB676,24 21Section 24. 343.30 (5) of the statutes is amended to read:
AB676,9,622 343.30 (5) No court may suspend or revoke an operating privilege except as
23authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21
24(3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating
25privilege under ch. 938, the department of transportation shall not disclose

1information concerning or relating to the revocation, suspension, or restriction to any
2person other than a court, district attorney, county corporation counsel, city, village,
3or town attorney, law enforcement agency, driver licensing agency of another
4jurisdiction, or the minor whose operating privilege is revoked, suspended, or
5restricted, or his or her parent or guardian. Persons entitled to receive this
6information shall not disclose the information to other persons or agencies.
AB676,25 7Section 25. 343.30 (6) of the statutes is repealed.
AB676,26 8Section 26 . 343.31 (2s) of the statutes is amended to read:
AB676,9,169 343.31 (2s) The department may suspend a person's operating privilege for 2
10years upon receiving a record of conviction under s. 973.137 (2), where the offense
11involved the use of a vehicle
. If the department receives a record of conviction under
12s. 973.137 (2), where the offense involved the use of a vehicle, or a notice of suspension
13under s. 938.34 (14q) for a person whose license or operating privilege is currently
14suspended or revoked or for a person who does not currently possess a valid
15operator's license, the suspension is first effective on the date on which the person
16is first eligible for issuance, renewal, or reinstatement of an operator's license.
AB676,27 17Section 27. 343.32 (1m) of the statutes is repealed.
AB676,28 18Section 28. 343.32 (3) of the statutes is amended to read:
AB676,9,2119 343.32 (3) Except as provided in sub. (1m), a A revocation or suspension under
20this section may be for any period not exceeding one year unless a different period
21is specifically prescribed by law.
AB676,29 22Section 29. 343.345 of the statutes is repealed.
AB676,30 23Section 30 . 346.655 (4) of the statutes is repealed.
AB676,31 24Section 31 . 346.657 (3) of the statutes is repealed.
AB676,32 25Section 32 . 346.93 (2f) of the statutes is repealed.
AB676,33
1Section 33. 346.93 (2g) (intro.) of the statutes is renumbered 346.93 (2g) and
2amended to read:
AB676,10,43 346.93 (2g) Any person violating this section may be required to forfeit not less
4than $20 nor more than $400 and shall have his or her operating privilege:.
AB676,34 5Section 34 . 346.93 (2g) (a) and (b) of the statutes are repealed.
AB676,35 6Section 35. 767.73 of the statutes is repealed.
AB676,36 7Section 36. 800.09 (3) (a) of the statutes is amended to read:
AB676,10,118 800.09 (3) (a) If the operating privilege of a defendant is suspended under this
9section or s. 800.095, the court may terminate that suspension and substitute an
10installment payment plan for paying the amount of the judgment that takes into
11account the defendant's income.
AB676,37 12Section 37. 800.09 (3) (b) (intro.) of the statutes is amended to read:
AB676,10,1713 800.09 (3) (b) (intro.) If the operating privilege of a defendant is suspended
14under this section or s. 800.095, the court shall terminate that suspension and
15substitute an installment payment plan for the payment of the amount of the
16judgment that takes into account the defendant's income if all of the following
17conditions apply:
AB676,38 18Section 38. 800.095 (1) (a) of the statutes is repealed.
AB676,39 19Section 39. 800.095 (3) of the statutes is amended to read:
AB676,10,2220 800.095 (3) Subsection (1) (a) and (b) does not apply to orders for restitution
21under s. 800.093 or in cases where service of the summons and complaint or citation
22is made by mail as authorized in s. 800.01 (2) (e).
AB676,40 23Section 40. 938.17 (2) (g) of the statutes is amended to read:
AB676,11,724 938.17 (2) (g) Disposition; truancy or school dropout ordinance violations. If
25the municipal court finds that a juvenile violated a municipal ordinance enacted

1under s. 118.163 (1m), it shall enter a dispositional order under s. 938.342 (1d). If
2a municipal court finds that a juvenile violated a municipal ordinance enacted under
3s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1g), and may enter
4a dispositional order under s. 938.342 (1m) (a), that is consistent with the municipal
5ordinance. If a municipal court finds that a juvenile violated a municipal ordinance
6enacted under s. 118.163 (2m), it shall enter a dispositional order under s. 938.342
7(2) that is consistent with the municipal ordinance.
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