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2009 - 2010 LEGISLATURE
February 3, 2009 - Introduced by Representatives Staskunas, Kaufert, Smith,
Jorgensen, Sherman, Ziegelbauer, Davis, Hebl, Berceau, A. Ott, Cullen,
Townsend, Roth, Spanbauer, Richards, Shilling, Soletski, Barca,
Gunderson
and Turner, cosponsored by Senators Plale, Leibham, Lehman,
Carpenter, Darling, Harsdorf, A. Lasee
and Schultz. Referred to Committee
on Public Safety.
AB17,1,12 1An Act to repeal 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), 346.65 (6),
2940.09 (1d) (b) and 940.25 (1d) (b); to renumber and amend 343.301 (1) (c),
3343.301 (1) (d), 940.09 (1d) (a) 1., 940.09 (1d) (a) 2., 940.25 (1d) (a) 1. and 940.25
4(1d) (a) 2.; to consolidate, renumber and amend 343.301 (1) (a) 1. and 2. and
5343.301 (1) (b) 1. and 2.; to amend 340.01 (46m) (c), 342.12 (4) (c) 1. c., 342.13
6(1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301 (title), 343.305 (10m) (title),
7343.305 (10m) (a), 343.305 (10m) (b), 347.413 (title) and (1), 347.417 (1),
8347.417 (2) and 347.50 (1s); to repeal and recreate 343.10 (2) (a) (intro.); and
9to create 20.395 (5) (hs), 343.10 (2) (f), 343.301 (3) (b), 343.301 (5) and 347.50
10(1t) of the statutes; relating to: requiring ignition interlock devices for certain
11motor vehicle violations, granting rule-making authority, making an
12appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of a second offense relating to
operating a motor vehicle with a prohibited alcohol concentration (in most cases, a

concentration of 0.8 or higher) or under the influence of an intoxicant (OWI-related
offense), a judge may immobilize the person's motor vehicles or require that the
person's operating privilege be limited to operating vehicles that are equipped with
an ignition interlock device. If a person is convicted of a third or subsequent
OWI-related offense within five years, a judge must limit the person's operating
privilege to operating vehicles that are equipped with an ignition interlock device
unless the judge orders that the person's motor vehicles be immobilized or seized and
sold at auction.
Current law requires the person to pay for the costs of installing and monitoring
the ignition interlock device on every motor vehicle he or she owns. If the judge
determines that this would work a hardship to the person, current law allows the
judge to require an ignition interlock device on some, but not all, of the person's motor
vehicles.
Under current law, no one may remove, disconnect, tamper with, or otherwise
circumvent the operation of an ignition interlock device. A person who does so may
be required to forfeit not less than $150 nor more than $600 for the first offense and,
for a second or subsequent offense within five years, may be fined not less than $300
nor more than $1,000, or imprisoned for not more than six months, or both.
This bill eliminates the option of ordering the person's vehicle to be immobilized
or seized and sold at auction. The bill makes it mandatory for a judge to require that
the person's operating privilege be limited, for a minimum of one year, to operating
vehicles that are equipped with an ignition interlock device if either of the following
are true: 1) the person commits a first OWI-related offense with an alcohol
concentration of 0.15 or more; or 2) the person commits a second OWI-related
offense.
Under the bill, the judge must order that every motor vehicle the person owns
be equipped with an ignition interlock device. If the judge determines that the
person's income is at or below 150 percent of the federal poverty level, the person is
required to pay a $50 surcharge upon the installation of the first ignition interlock
device and, for each ignition interlock device, half of the installation cost, and $1 per
day toward the cost of monitoring the ignition interlock device. A person whose
income is above 150 percent of the federal poverty level is required to pay the
surcharge and assume the full cost of installing and monitoring each ignition
interlock device. Under the bill, if a person who is ordered to do so fails to pay the
surcharge or fails to have an ignition interlock device installed, he or she may not
obtain an occupational license.
Under the bill, a court may order a person who removes, disconnects, tampers
with, or otherwise circumvents the operation of an ignition interlock device to be
imprisoned for not more than six months for a first offense. The bill also subjects a
person who fails to have an ignition interlock device installed as ordered by the court
to the same penalties as a person who removes, disconnects, tampers with, or
otherwise circumvents the operation of an ignition interlock device.

For further information see the state and local 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:
AB17, s. 1 1Section 1. 20.395 (5) (hs) of the statutes is created to read:
AB17,3,42 20.395 (5) (hs) Ignition interlock device administration and enforcement. All
3moneys received under s. 343.301 (5) for expenditures related to administering and
4enforcing the ignition interlock device program under s. 343.301.
AB17, s. 2 5Section 2. 340.01 (46m) (c) of the statutes is amended to read:
AB17,3,86 340.01 (46m) (c) If the person is subject to an order under s. 343.301 or if the
7person
has 3 or more prior convictions, suspensions or revocations, as counted under
8s. 343.307 (1), an alcohol concentration of more than 0.02.
AB17, s. 3 9Section 3. 342.12 (4) (c) 1. b. of the statutes is repealed.
AB17, s. 4 10Section 4. 342.12 (4) (c) 1. c. of the statutes is amended to read:
AB17,3,1311 342.12 (4) (c) 1. c. The person requesting the issuance of the certificate of title
12files an affidavit with the department attesting that the conditions condition under
13subd. 1. a. and b. are is met.
AB17, s. 5 14Section 5. 342.13 (1) of the statutes is amended to read:
AB17,4,315 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or
16becomes illegible, the owner or legal representative of the owner named in the
17certificate, as shown by the records of the department, shall promptly make
18application for and may obtain a replacement upon furnishing information
19satisfactory to the department. The replacement certificate of title shall contain a
20notation, in a form determined by the department, identifying the certificate as a
21replacement certificate that may be subject to the rights of a person under the

1original certificate. If applicable under s. 346.65 (6), the replacement certificate of
2title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes,
3ownership of this motor vehicle may not be transferred without prior court approval".
AB17, s. 6 4Section 6. 343.10 (2) (a) (intro.) of the statutes is amended to read:
AB17,4,65 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), a person is eligible
6for an occupational license if the following conditions are satisfied:
AB17, s. 7 7Section 7. 343.10 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin
8Acts 20
and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
AB17,4,119 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s.
10343.165 (5), a person is eligible for an occupational license if the following conditions
11are satisfied:
AB17, s. 8 12Section 8. 343.10 (2) (f) of the statutes is created to read:
AB17,4,1813 343.10 (2) (f) If the court orders under s. 343.301 (1) that the person's operating
14privilege for the operation of "Class D" vehicles be restricted to operating vehicles
15that are equipped with an ignition interlock device, no occupational license may be
16granted until the person pays the surcharge under s. 343.301 (5) and submits proof
17that an ignition interlock device has been installed in each motor vehicle for which
18the person's name appears on the vehicle's certificate of title or registration.
AB17, s. 9 19Section 9. 343.10 (5) (a) 3. of the statutes is amended to read:
AB17,5,1320 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions,
21or revocations, as counted under s. 343.307 (1), the
The occupational license of the
22applicant shall restrict the applicant's operation under the occupational license to
23vehicles that are equipped with a functioning ignition interlock device if the court
24has ordered under s. 343.301 (1) (a) 1. or 2. that the person's operating privilege for
25Class D vehicles be restricted to operating vehicles that are equipped with an

1ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the
2motor vehicle owned by the person and used in the violation or improper refusal be
3equipped with an ignition interlock device. A person to whom a restriction under this
4subdivision applies violates that restriction if he or she removes or disconnects an
5ignition interlock device,
requests or permits another to blow into an ignition
6interlock device or to start a motor vehicle equipped with an ignition interlock device
7for the purpose of providing the person an operable motor vehicle without the
8necessity of first submitting a sample of his or her breath to analysis by the ignition
9interlock device. If, or otherwise tampers with or circumvents the operation of the
10ignition interlock device. Except as provided in s. 343.301 (3) (b), if
the occupational
11license restricts the applicant's operation to a vehicle that is equipped with an
12ignition interlock device, the applicant shall be liable for the reasonable costs of
13equipping the vehicle with the ignition interlock device.
AB17, s. 10 14Section 10. 343.301 (title) of the statutes is amended to read:
AB17,5,16 15343.301 (title) Installation of ignition interlock device or
16immobilization of a motor vehicle
.
AB17, s. 11 17Section 11. 343.301 (1) (title) of the statutes is repealed.
AB17, s. 12 18Section 12. 343.301 (1) (a) 1. and 2. of the statutes are consolidated,
19renumbered 343.301 (1) and amended to read:
AB17,6,1720 343.301 (1) Except as provided in subd. 2., if If a person improperly refuses to
21take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and
22the person either had an alcohol concentration of 0.15 or more at the time of the
23offense or
has a total of one or more prior convictions, suspensions, or revocations,
24counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and
25other convictions, suspensions, and revocations counted under s. 343.307 (1), the

1court may order that the person's operating privilege for the operation of "Class D"
2vehicles be restricted to operating "Class D" vehicles that are equipped with an
3ignition interlock device. 2. If a person improperly refuses to take a test under s.
4343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total
5of 2 or more convictions, suspensions, or revocations, counted under s. 343.307 (1)
6within any 5-year period, the court
shall order that the person's operating privilege
7for the operation of "Class D" vehicles be restricted to operating vehicles that are
8equipped with an ignition interlock device and shall order that each motor vehicle
9for which the person's name appears on the vehicle's certificate of title or registration
10be equipped with an ignition interlock device. If equipping each motor vehicle with
11an ignition interlock device under this subdivision would cause an undue financial
12hardship, the court may order that one or more motor vehicles subject to this
13subdivision not be equipped with an ignition interlock device. This subdivision
does
14not apply if the court enters an order under sub. (2) (a) 2. or, if the person has 2 or
15more prior convictions, suspensions, or revocations for purposes of this
subdivision,
16to the motor vehicle owned by the person and used in the violation or refusal if the
17court orders the vehicle to be seized and forfeited under s. 346.65 (6).
AB17, s. 13 18Section 13. 343.301 (1) (b) 1. and 2. of the statutes are consolidated,
19renumbered 343.301 (2m) and amended to read:
AB17,7,420 343.301 (2m) The court may shall restrict the operating privilege restriction
21under par. (a) 1. sub. (1) for a period of not less than one year nor more than the
22maximum operating privilege revocation period permitted for the refusal or
23violation. 2. The court shall order the operating privilege restriction and the
24installation of an ignition interlock device under par. (a) 2. for a period of not less than
25one year nor more than the maximum operating privilege revocation period

1permitted for the refusal or violation
, beginning one year after the operating
2privilege revocation period begins
on the date the department issues any license
3granted under this chapter. The court may order the installation of an ignition
4interlock device under sub. (1) immediately upon issuing an order under sub. (1)
.
AB17, s. 14 5Section 14. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and
6amended to read:
AB17,7,97 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order
8under par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping
9and maintaining any ignition interlock device installed on his or her motor vehicle.
AB17, s. 15 10Section 15. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and
11amended to read:
AB17,7,1912 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates
13that order if he or she fails to have an ignition interlock device installed as ordered,
14removes or disconnects an ignition interlock device,
requests or permits another to
15blow into an ignition interlock device or to start a motor vehicle equipped with an
16ignition interlock device for the purpose of providing the person an operable motor
17vehicle without the necessity of first submitting a sample of his or her breath to
18analysis by the ignition interlock device, or otherwise tampers with or circumvents
19the operation of the ignition interlock device
.
AB17, s. 16 20Section 16. 343.301 (2) of the statutes is repealed.
AB17, s. 17 21Section 17. 343.301 (3) (b) of the statutes is created to read:
AB17,8,222 343.301 (3) (b) If the court finds that the person who is subject to an order under
23sub. (1) has a household income that is at or below 150 percent of the nonfarm federal
24poverty line for the continental United States, as defined by the federal department
25of labor under 42 USC 9902 (2), the court shall limit the person's liability under par.

1(a) to one-half of the cost of equipping each motor vehicle with an ignition interlock
2device and $1 per day per vehicle in which an ignition interlock device is installed.
AB17, s. 18 3Section 18. 343.301 (5) of the statutes is created to read:
AB17,8,64 343.301 (5) In addition to the the costs under sub. (3), the person shall pay to
5the department a surcharge of $50 upon the installation of the first ignition interlock
6device.
AB17, s. 19 7Section 19. 343.305 (10m) (title) of the statutes is amended to read:
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