Legislature considers items of interest to courts

By Nancy Rottier, Legislative Liaison

As the Legislature continues to work on the budget, the Director of State Courts Office is keeping a close eye on a number of proposals. Here are two to watch.

Decriminalization of OAR is on the table
As part of his 2009-11 state budget package, Gov. Jim Doyle has proposed decriminalizing the offense of operating after revocations (OAR) for second or subsequent violations that have occurred in the preceding five-year period, unless the underlying reason for the revocation was related to alcohol or other drugs.

The plan, yet to be approved by the Legislature, would reduce the penalty from a fine of not more than $2,500 or imprisonment for not more than one year in the county jail or both, to a forfeiture of not more than $2,500. If the plan is adopted, it would mirror the Legislature's actions in the 2005-07 budget, when first offense OAR was decriminalized.

One of the reasons for the proposed change is to reduce state spending, necessitated by the state's budget deficit. As a result of the OAR changes, the governor proposed reducing the funding for State Public Defender by $913,000 in 2009-10 and by $1,826,100 in 2010-11 to reflect the reduction in the number of cases in which a public defender must be appointed. Because the state's estimated budget deficit has grown larger since the Governor's proposal, the chances of restoring this funding have diminished.

The change is also likely to reduce the caseload for district attorneys' offices around the state, and decrease the amount of time required for circuit courts to deal with OAR cases.

The Governor's proposal also would decriminalize the offense of operating a commercial motor vehicle while the person or vehicle is ordered out-of-service. The penalty would be reduced from a fine of not less than $1,100 nor more than $2,750 or imprisonment for not more than one year in the county jail or both, to a forfeiture of $2,500 for the first offense or $5,000 for the second or subsequent offense within 10 years.

Primary enforcement of safety belt violations advances
Another traffic issue contained in the Governor's budget is a statutory change to allow law enforcement to stop or inspect a vehicle solely to determine compliance with safety belt requirements. The proposal has already gained the support of the Legislature's Joint Committee on Finance.

The Governor had also proposed increasing the forfeiture for such violations by $15, from $10 to $25, but the Joint Committee on Finance voted to retain the current forfeiture.

One of the factors influencing this proposal is the ability of the state to obtain federal funds if it adopts this change. Under federal law, states that adopt primary enforcement of seat belt laws before July 1, 2009 are eligible for a one-time incentive grant, estimated for Wisconsin to be $15.1 - $18.1 million.

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