AB809: Bill Text

LRB-5483/1

EVM:emw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 809

January 6, 2022 - Introduced by Representatives Andraca, Kerkman, McGuire, Ohnstad, Neubauer, Snodgrass, Considine, Sinicki, Conley, Pope, Spreitzer, Shelton, Subeck, Hong and Stubbs, cosponsored by Senators Larson, Wirch, Carpenter, Agard, L. Taylor, Johnson and Smith. Referred to Committee on Transportation.

AB809,1,2 An Act to create 85.65 of the statutes; relating to: ratification of the Driver License Compact.

Analysis by the Legislative Reference Bureau

This bill enters Wisconsin into the Driver License Compact, which establishes standards for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process.

The DLC requires all participating states to recognize certain kinds of violations relating mostly to operating motor vehicles and the administrative actions taken in response to those violations, such as suspension or revocation of a person's operating privilege by the appropriate state agency (DLC code violations). Under the DLC, when a person who is licensed in one state that is a party to the DLC commits a DLC code violation in another party state, the licensing state takes administrative action in response to the violation, based on information provided by the state in which the violation occurred. Any administrative action by a party state is recognized by all other party states. The DLC also generally provides that records concerning a licensed driver are maintained only by the licensing state.

For further information see the state 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:

AB809,1 Section 1. 85.65 of the statutes is created to read:

AB809,2,4 85.65 Driver License Compact. The Driver License Compact is enacted into law and entered into with all other jurisdictions legally joining the compact in the following form:

AB809,2,6 (1) Article I - Findings and declaration of policy. (a) The party states find that:

AB809,2,9 1. The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles.

AB809,2,12 2. Violation of a law or ordinance relating to the operation of motor vehicles is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

AB809,2,15 3. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

AB809,2,16 (b) It is the policy of each of the party states to:

AB809,2,19 1. Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where these operators drive motor vehicles.

AB809,2,25 2. Make the reciprocal recognition of licenses to drive and eligibility for licenses to drive more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

AB809,3,1 (2) Article II - Definitions. As used in this compact:

AB809,3,3 (a) “State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

AB809,3,5 (b) “Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

AB809,3,11 (c) “Conviction" means a conviction of any offense related to the use or operation of a motor vehicle that is prohibited by state law, municipal ordinance, or administrative rule or regulation or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses and which conviction or forfeiture is required to be reported to the licensing authority.

AB809,3,19 (3) Article III - Reports of conviction. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute, code, or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and shall include any special findings made in connection with the conviction.

AB809,3,24 (4) Article IV - Effect of conviction. (a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to sub. (3), as it would if the conduct had occurred in the home state in the case of convictions for:

AB809,4,2 1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle.

AB809,4,5 2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle.

AB809,4,6 3. Any felony in the commission of which a motor vehicle is used.

AB809,4,8 4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

AB809,4,11 (b) As to other convictions, reported pursuant to sub. (3), the licensing authority in the home state shall give that effect to the conduct as is provided by the laws of the home state.

AB809,4,18 (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in par. (a) of this article, the party state shall construe the denominations and descriptions appearing in par. (a) of this article as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of that party state shall contain those provisions that are necessary to ensure that full force and effect is given to this article.

AB809,4,23 (5) Article V - Applications for new licenses. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

AB809,5,3 (a) The applicant has held a license issued by any other party state, but the license has been suspended by reason, in whole or in part, of a violation and if the suspension period has not terminated.

AB809,5,11 (b) The applicant has held a license issued by any other party state, but the license has been revoked by reason, in whole or in part, of a violation and if the revocation has not terminated, except that after the expiration of one year from the date the license was revoked the person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to an applicant under this paragraph if, after investigation, the licensing authority determines that it will not be safe to grant to the person the privilege of driving a motor vehicle on the public highways.

AB809,5,13 (c) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders the license.

AB809,5,19 (6) Article VI - Applicability of other laws. Except as expressly required by provisions of this compact, nothing contained in this compact shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

AB809,5,24 (7) Article VII - Compact administrator and interchange of information. (a) The head of the licensing authority of each party state shall be the administrator of this compact for his or her state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

AB809,6,3 (b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

AB809,6,6 (8) Article VIII - Entry into force and withdrawal. (a) This compact shall enter into force and become effective as to any state when it has enacted the compact into law.

AB809,6,12 (b) Any party state may withdraw from this compact by enacting a statute repealing the compact, but the withdrawal shall not take effect until 6 months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

AB809,6,23 (9) Article IX - Construction and severability. This compact shall be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance shall not be affected by the holding. If this compact shall be held contrary to the constitution of any state party to the compact, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

AB809,6,24 (End)