AB 698

Under current law, with certain exceptions and limitations, a person may apply

to the Wisconsin Department of Transportation for an occupational license if the

person's operating privilege is revoked or suspended for various specified offenses

and the person is engaged in an occupation, including homemaking, trade, or study,

making it essential that he or she operate a motor vehicle. The occupational license

must contain definite restrictions as to hours of the day, hours per week, type of

occupation, and areas or routes of travel that are permitted under the occupational

license. The occupational license may allow travel to and from church.

Current federal law requires a state to enact and enforce a repeat intoxicated

driver law that meets certain requirements. Among the requirements is that, as a

minimum penalty, persons convicted of a second or subsequent offense for driving

while intoxicated may receive a reinstatement of "limited driving privileges for the

purpose of getting to and from work, school, or an alcohol treatment program."

Failure to meet the federal repeat intoxicated driver law requirements subjects the

state to a transfer of 3 percent of federal funds apportioned to the state for

federal-aid highways to the state's apportionment of funds for certain highway

safety programs. In September 2011, the federal Department of Transportation

determined that Wisconsin is not in compliance with federal repeat intoxicated

driver law requirements and ordered a transfer of funds.

This bill allows the state secretary of transportation, if he or she determines

that the imposition of restrictions is necessary to avoid a transfer of funds due to

noncompliance with federal repeat intoxicated driver law requirements, to impose

restrictions on the use of an occupational license by a person who has two or more

driving while intoxicated offenses in any five-year period, until the restrictions are

no longer necessary to avoid a transfer of funds. Under this bill the secretary may

restrict use of an occupational license for 1) occupational travel other than to or from

work; 2) occupational travel for the occupation of homemaking; and 3) travel to or

from church.