Amendment ASA1-AB572

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 572

March 12, 1998 - Offered by Committee on Highways and Transportation.

AB572-ASA1,2,2 An Act to repeal 343.305 (4m), 343.38 (5) and 343.39 (3); to renumber and amend 343.10 (6); to amend 340.01 (23v), 343.10 (2) (e), 343.10 (5) (a) 3., 343.10 (7) (cm), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.305 (8) (b) 2. b., 343.305 (9) (a) 2., 343.305 (9) (a) 5. b., 343.305 (9) (am) 2., 343.305 (9) (am) 5. b., 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305 (10m), 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3) (c), 343.31 (3) (e), 343.31 (3) (f), 346.65 (6) (a) 1., 346.65 (6) (a) 2m., 346.65 (6) (a) 3., 346.65 (6) (c), 346.65 (6) (d), 346.65 (6) (k), 346.65 (6) (km), 346.65 (6) (m), 347.413 (1), 940.09 (1d) and 940.25 (1d); to repeal and recreate 343.305 (4); and to create 20.395 (5) (er), 85.073, 85.55, 110.10, 343.10 (2) (a) 5., 343.10 (6) (b), 343.10 (8) (ai), 343.30 (1q) (bg) and 346.65 (6) (n) of the statutes; relating to: use of ignition interlock devices on motor vehicles, informing a person accused of driving while under the influence of an intoxicant motor vehicle certificates of title, granting rule-making authority, making an appropriation and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB572-ASA1, s. 1 Section 1. 20.395 (5) (er) of the statutes is created to read:

AB572-ASA1,2,8 20.395 (5) (er) Ignition interlock device program, state funds. All moneys received under s. 343.10 (6) (b) that are credited to this appropriation, for the ignition interlock device program under s. 110.10, for educational and informational materials and technical equipment related to that program and for grants under s. 85.55.

AB572-ASA1, s. 2 Section 2. 85.073 of the statutes is created to read:

AB572-ASA1,2,14 85.073 Ignition interlock device study. The department shall study the impact on highway safety of the voluntary and mandatory use of ignition interlock devices under s. 110.10 and submit a report of that study to the legislature under s. 13.172 (2) by January 1, 2000, and by January 1 of each of the 3 years following January 1, 2000.

AB572-ASA1, s. 3 Section 3. 85.55 of the statutes is created to read:

AB572-ASA1,2,22 85.55 Safe-ride grant program. The department may award grants to any city, village, town or county to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), to their places of residence from any premises licensed under ch. 125 to sell alcohol beverages. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (er).

AB572-ASA1, s. 4 Section 4. 110.10 of the statutes is created to read:

AB572-ASA1,3,3 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of a statewide ignition interlock device program. The rules shall include provisions regarding all of following:

AB572-ASA1,3,5 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

AB572-ASA1,3,7 (2) The review of the fees charged to the owner of a vehicle for the installation and service of an ignition interlock device.

AB572-ASA1,3,9 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

AB572-ASA1,3,12 (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies the department designates with installation, service, tampering and failure reports in a timely manner.

AB572-ASA1, s. 5 Section 5. 340.01 (23v) of the statutes is amended to read:

AB572-ASA1,3,17 340.01 (23v) "Ignition interlock device" means a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited an alcohol concentration of 0.04 or more.

AB572-ASA1, s. 6 Section 6. 343.10 (2) (a) 5. of the statutes is created to read:

AB572-ASA1,3,20 343.10 (2) (a) 5. The person has not had an occupational license canceled under sub. (8) (ai) during the current suspension or revocation.

AB572-ASA1, s. 7 Section 7. 343.10 (2) (e) of the statutes is amended to read:

AB572-ASA1,4,3 343.10 (2) (e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), within the 10-year period immediately preceding the date of the violation that resulted in the current conviction, suspension or revocation, no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.

AB572-ASA1, s. 8 Section 8. 343.10 (5) (a) 3. of the statutes is amended to read:

AB572-ASA1,4,16 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), applicant's operating privilege for "Class D" and "Class M" vehicles has been restricted to operating a motor vehicle equipped with an ignition interlock device, the occupational license of the applicant may shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6). A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.

AB572-ASA1, s. 9 Section 9. 343.10 (6) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 343.10 (6) (a) and amended to read:

AB572-ASA1,4,21 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department.

AB572-ASA1, s. 10 Section 10. 343.10 (6) (b) of the statutes is created to read:

AB572-ASA1,5,2 343.10 (6) (b) No person whose operating privilege for "Class D" and "Class M" vehicles is restricted to operating motor vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Of the fees collected under this paragraph, $30 shall be credited to the appropriation account under s. 20.395 (5) (er).

AB572-ASA1, s. 11 Section 11. 343.10 (7) (cm) of the statutes is amended to read:

AB572-ASA1,5,10 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3. applicant's operating privilege for "Class D" and "Class M" vehicles has been restricted to operating a motor vehicle equipped with an ignition interlock device, the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any the motor vehicle that the applicant will be permitted to operate has been equipped with a functioning ignition interlock device.

AB572-ASA1, s. 12 Section 12. 343.10 (8) (ai) of the statutes is created to read:

AB572-ASA1,5,13 343.10 (8) (ai) The department shall cancel the occupational license of a person who is convicted of violating s. 347.413 (1).

AB572-ASA1, s. 13 Section 13. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB572-ASA1,5,22 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall suspend the person's operating privilege for not less than 6 months nor more than 9 months. If the court determines that an ignition interlock device restriction is needed to ensure public safety, the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the suspension period. The person is eligible for an occupational license under s. 343.10 at any time.

AB572-ASA1, s. 14 Section 14. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB572-ASA1,6,7 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 5-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB572-ASA1, s. 15 Section 15. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB572-ASA1,6,17 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period . After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB572-ASA1, s. 16 Section 16. 343.30 (1q) (bg) of the statutes is created to read:

AB572-ASA1,7,3 343.30 (1q) (bg) If the court, under par. (b), orders that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device, the court shall inform the person that he or she is liable for the reasonable costs of equipping the motor vehicle that he or she operates with an ignition interlock device. The court may consider the person's ability to pay the cost of complying with that order. If the court determines that the person is unable to pay the full cost of complying with that order, the court may credit all or part of the amount paid for installation and maintenance of the ignition interlock device against the fine or forfeiture imposed for the offense that resulted in the order.

AB572-ASA1, s. 17 Section 17. 343.305 (4) of the statutes is repealed and recreated to read:

AB572-ASA1,7,7 343.305 (4) Information. At the time that a chemical test specimen is requested under sub. (3) (a) or (am), the law enforcement officer shall read the following to the person from whom the test specimen is requested:

AB572-ASA1,7,11 "You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.

AB572-ASA1,7,18 This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.

AB572-ASA1,7,22 If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.

AB572-ASA1,7,25 If you have a commercial driver license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified."

AB572-ASA1, s. 18 Section 18. 343.305 (4m) of the statutes is repealed.

AB572-ASA1, s. 19 Section 19. 343.305 (8) (b) 2. b. of the statutes is amended to read:

AB572-ASA1,8,4 343.305 (8) (b) 2. b. Whether the person was informed of the options regarding tests under this section as required under sub. (4) or under subs. (4) and (4m).

AB572-ASA1, s. 20 Section 20. 343.305 (9) (a) 2. of the statutes is amended to read:

AB572-ASA1,8,7 343.305 (9) (a) 2. That the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 21 Section 21. 343.305 (9) (a) 5. b. of the statutes is amended to read:

AB572-ASA1,8,10 343.305 (9) (a) 5. b. Whether the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 22 Section 22. 343.305 (9) (am) 2. of the statutes is amended to read:

AB572-ASA1,8,13 343.305 (9) (am) 2. That the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 23 Section 23. 343.305 (9) (am) 5. b. of the statutes is amended to read:

AB572-ASA1,8,16 343.305 (9) (am) 5. b. Whether the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 24 Section 24. 343.305 (10) (b) 2. of the statutes is amended to read:

AB572-ASA1,8,23 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 25 Section 25. 343.305 (10) (b) 3. of the statutes is amended to read:

AB572-ASA1,9,8 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for 2 years and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572-ASA1, s. 26 Section 26. 343.305 (10) (b) 4. of the statutes is amended to read:

AB572-ASA1,9,17 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572-ASA1, s. 27 Section 27. 343.305 (10m) of the statutes is amended to read:

AB572-ASA1,9,25 343.305 (10m) (title) Refusals; seizure , or immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), within a 10-year period, the procedure under s. 346.65 (6) shall be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB572-ASA1, s. 28 Section 28. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB572-ASA1,10,12 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 5-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation and shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 29 Section 29. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB572-ASA1,10,24 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation and shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 30 Section 30. 343.31 (3) (c) of the statutes is amended to read:

AB572-ASA1,11,8 343.31 (3) (c) Any person convicted under s. 940.09 of causing the death of another by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 31 Section 31. 343.31 (3) (e) of the statutes is amended to read:

AB572-ASA1,11,16 343.31 (3) (e) Any person convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 32 Section 32. 343.31 (3) (f) of the statutes is amended to read:

AB572-ASA1,11,24 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 33 Section 33. 343.38 (5) of the statutes is repealed.

AB572-ASA1, s. 34 Section 34. 343.39 (3) of the statutes is repealed.

AB572-ASA1, s. 35 Section 35. 346.65 (6) (a) 1. of the statutes is amended to read:

AB572-ASA1,12,14 346.65 (6) (a) 1. (intro.) Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1) The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that order would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB572-ASA1, s. 36 Section 36. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB572-ASA1,13,9 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization ordered seized or immobilized under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB572-ASA1, s. 37 Section 37. 346.65 (6) (a) 3. of the statutes is amended to read:

AB572-ASA1,13,21 346.65 (6) (a) 3. The court shall notify the department, in a form and manner prescribed by the department, that an order to equip a motor vehicle with an ignition interlock device, to immobilize a motor vehicle or to seize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification.

AB572-ASA1, s. 38 Section 38. 346.65 (6) (c) of the statutes is amended to read:

AB572-ASA1,14,6 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized seizure is ordered shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

AB572-ASA1, s. 39 Section 39. 346.65 (6) (d) of the statutes is amended to read: