LRB-2377/1
EVM:klm
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 158
April 10, 2023 - Introduced by Representatives MOSES, ANDRACA, ALLEN, C.
ANDERSON, ARMSTRONG, BALDEH, BRANDTJEN, CONLEY, DITTRICH, DONOVAN,
HAYWOOD, JOERS, MURSAU, OHNSTAD, ORTIZ-VELEZ, RATCLIFF, SINICKI and
WICHGERS, cosponsored by Senators JACQUE, LARSON, L. JOHNSON, ROYS and
WANGGAARD. Referred to Committee on Transportation.
***AUTHORS SUBJECT TO CHANGE***
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:
1
2 - 2 -2023 - 2024 Legislature LRB-2377/1
EVM:klm
SECTION 1 ASSEMBLY BILL 158
SECTION 1. 85.65 of the statutes is created to read:
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:
(1) ARTICLE I - FINDINGS AND DECLARATION OF POLICY. (a) The party states find
that:
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.
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.
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.
(b) It is the policy of each of the party states to:
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.
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 3 -2023 - 2024 Legislature
LRB-2377/1
EVM:klm
SECTION 1
ASSEMBLY BILL 158
(2) ARTICLE II - DEFINITIONS. As used in this compact:
(a) “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.
(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.
(c) “State" means a state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(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.
(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:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 4 -2023 - 2024 Legislature LRB-2377/1
EVM:klm
SECTION 1 ASSEMBLY BILL 158
1. Manslaughter or negligent homicide resulting from the operation of a motor
vehicle.
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.
3. Any felony in the commission of which a motor vehicle is used.
4. Failure to stop and render aid in the event of a motor vehicle accident
resulting in the death or personal injury of another.
(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.
(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.
(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:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 - 5 -2023 - 2024 Legislature
LRB-2377/1
EVM:klm
SECTION 1
ASSEMBLY BILL 158
(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.
(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.
(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.
(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.
(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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 6 -2023 - 2024 Legislature LRB-2377/1
EVM:klm
SECTION 1 ASSEMBLY BILL 158
(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.
(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.
(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.
(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.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24