EVM/ARG/EHS/CMH:amn

2019 - 2020 LEGISLATURE

2019 Assembly BILL 676

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 An Act to repeal 118.125 (2) (c) 2., 118.163 (1) (c), 118.163 (2) (a), 118.163 (2m), 125.07 (4) (cm), 125.085 (3) (bp), 343.23 (3) (a), 343.24 (3), 343.28 (3), 343.30 (1z), 343.30 (6), 343.32 (1m), 343.345, 346.655 (4), 346.657 (3), 346.93 (2f), 346.93 (2g) (a) and (b), 767.73, 800.095 (1) (a), 938.342 (1g) (a), 938.342 (2) and 938.364; to renumber 118.125 (2) (c) 1., 343.23 (3) (b) and 938.344 (2e) (a) 1., 2. and 3.; to renumber and amend 346.93 (2g) (intro.) and 961.50 (2); to amend 85.103 (6), 118.163 (3), 125.07 (4) (bs) 1. to 4., 125.07 (4) (c) 1. to 4., 125.07 (4) (e) 2. (intro.), 125.07 (4) (e) 4., 125.085 (3) (bd), 343.085 (4), 343.10 (1) (a), 343.10 (5) (b), 343.30 (2d), 343.30 (5), 343.31 (2s), 343.32 (3), 800.09 (3) (a), 800.09 (3) (b) (intro.), 800.095 (3), 938.17 (2) (g), 938.34 (8), 938.34 (8d) (d), 938.34 (14r) (a), 938.343 (2), 938.344 (2) (a), 938.344 (2) (b), 938.344 (2) (c), 938.344 (2b) (a), 938.344 (2b) (b), 938.344 (2b) (c), 938.344 (2d) (a), 938.344 (2d) (b), 938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.355 (6) (d) 2., 938.355 (6m) (a) 1m., 938.355 (6m) (ag), 943.21 (3m) (a) 2., (b), (c) and (d) and 961.50 (1) (intro.); and to create 961.50 (2) (a) of the statutes; relating to: suspensions of operator'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 Section 1 . 85.103 (6) of the statutes is amended to read:

AB676,3,5 85.103 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235, 343.24 (3) and (4), or 343.247.