LRB-3137/1
RPN/PEN/JEO:kmg:ch
1999 - 2000 LEGISLATURE
May 27, 1999 - Printed by direction of Senate Chief Clerk.
AB221-engrossed,2,14
1An Act to repeal 346.65 (6) (a) 2. and 800.03 (4);
to renumber 343.305 (10m),
2940.09 (1d) and 940.25 (1d);
to renumber and amend 346.65 (6) (a) 1.;
to
3amend 20.435 (6) (hx), 85.53 (3), 125.07 (4) (bs) (intro.), 2., 3. and 4., 125.07 (4)
4(c) (intro.), 2., 3. and 4., 125.07 (4) (e) 2. (intro.), 340.01 (46m) (b), 342.12 (4) (a),
5342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.30 (6) (b), 346.65 (2) (b), 346.65 (2)
6(c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (b),
7346.65 (2g) (c), 346.65 (6) (a) 2m., 346.65 (6) (c), 346.65 (6) (d), 346.655 (1),
8346.655 (2) (a), 346.655 (2) (b), 346.95 (2), 938.344 (2) (intro.), 938.344 (2) (c),
9938.344 (2b) (intro.), (b) and (c) and 938.344 (2d) (c);
to create 20.395 (5) (ek),
1051.30 (4) (b) 25., 85.55, 110.10, 303.065 (2m), 303.08 (1) (cg), 303.08 (1) (cm),
11303.08 (10m), 340.01 (46m) (c), 343.305 (10m) (a), 346.65 (2) (g), 346.65 (2g) (ag),
12346.65 (6) (a) 1d., 346.93 (2f), 346.93 (2g), 940.09 (1d) (a), 940.25 (1c) and 940.25
13(1d) (a) of the statutes; and
to affect 1997 Wisconsin Act 84, section
2,
1997
14Wisconsin Act 84, section
3,
1997 Wisconsin Act 84, section
4,
1997 Wisconsin
1Act 84, section
5,
1997 Wisconsin Act 84, section
30,
1997 Wisconsin Act 84,
2section
31,
1997 Wisconsin Act 84, section
160,
1997 Wisconsin Act 84, section
3161 and
1997 Wisconsin Act 84, section
162;
relating to: operating a motor
4vehicle while under the influence of an intoxicant or drugs, or both; installation
5of an ignition interlock device in cases involving intoxicated operation of a
6motor vehicle; seizure of motor vehicles for offenses related to driving while
7under the influence of an intoxicant; the prohibited alcohol concentration
8related to operating a motor vehicle while under the influence of an intoxicant;
9restrictions on prisoner release from jail or prison; creating a safe-ride grant
10program; creating an ignition interlock device program; pretrial intoxicated
11driver intervention grants; requiring a report on incarceration alternatives;
12certain alcohol beverage offenses committed by persons under the legal
13drinking age; granting rule-making authority; making appropriations; and
14providing penalties.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 1999 Assembly Bill 221 consists of the following
documents adopted in the assembly on May 19, 1999: Assembly Substitute
Amendment 2, as affected by Assembly Amendment 1.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB221-engrossed,2,1816
20.395
(5) (ek)
Safe-ride grant program; state funds. From the general fund,
17all moneys transferred from the appropriation account under s. 20.435 (6) (hx) for the
18purpose of awarding grants under s. 85.55.
AB221-engrossed,3,142
20.435
(6) (hx)
Services related to drivers, receipts. The amounts in the
3schedule for services related to drivers. All moneys received by the state treasurer
4from the driver improvement surcharge on court fines and forfeitures authorized
5under s. 346.655 shall be credited to this appropriation. The secretary of
6administration shall annually transfer to the appropriation account under s. 20.395
7(5) (di)
31.29% 30.12% of all moneys credited to this appropriation.
The secretary of
8administration shall annually transfer to the appropriation account under s. 20.395
9(5) (ek) 3.76% of all moneys credited to this appropriation. The moneys remaining
10may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5)
11(ci) and 20.455 (5) (h) by the secretary of administration after consultation with the
12secretaries of health and family services and transportation, the superintendent of
13public instruction, the attorney general and the president of the university of
14Wisconsin system.
AB221-engrossed,3,1816
51.30
(4) (b) 25. To the department of corrections or to a sheriff, to determine
17if a person incarcerated is complying with the assessment or the driver safety plan
18ordered under s. 343.30 (1q) (c).
AB221-engrossed,3,2320
85.53
(3) Grants under this section shall be paid from the appropriation under
21s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended
22by an eligible applicant for services related to the program.
The total amount of
23grants awarded under this section may not exceed $500,000.
AB221-engrossed,4,9
185.55 Safe-ride grant program. The department may award grants to any
2county or municipality to cover the costs of transporting persons suspected of having
3a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises
4licensed under ch. 125 to sell alcohol beverages to their places of residence. The
5amount of a grant under this section may not exceed 50% of the costs necessary to
6provide the service. The liability of a provider of a safe-ride program to persons
7transported under the program is limited to the amounts required for an automobile
8liability policy under s. 344.15 (1). Grants awarded under this section shall be paid
9from the appropriation under s. 20.395 (5) (ek).
AB221-engrossed,4,13
11110.10 Ignition interlock device program. The department shall
12promulgate rules providing for the implementation of a statewide ignition interlock
13device program. The rules shall include provisions regarding all of following:
AB221-engrossed,4,15
14(1) The selection of persons to install, service and remove ignition interlock
15devices from motor vehicles.
AB221-engrossed,4,17
16(2) The periodic review of the fees charged to the owner of a vehicle for the
17installation, service and removal of an ignition interlock device.
AB221-engrossed,4,19
18(3) Requiring ignition interlock device providers operating in this state to
19establish pilot programs involving the voluntary use of ignition interlock devices.
AB221-engrossed,4,22
20(4) Requiring ignition interlock device providers operating in this state to
21provide the department and law enforcement agencies designated by the department
22with installation, service, tampering and failure reports in a timely manner.
AB221-engrossed, s. 8m
23Section 8m. 125.07 (4) (bs) (intro.), 2., 3. and 4. of the statutes are amended
24to read:
AB221-engrossed,5,2
1125.07
(4) (bs) (intro.) Any person violating par. (a)
is subject to the following
2penalties shall be penalized as follows:
AB221-engrossed,5,83
2. For a violation committed within 12 months of a previous violation,
the
4person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
5the person is subject to either a forfeiture of not less than $300 nor more than $500,
6suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 7participation in a supervised work program or other community service work under
8par. (cg) or any combination of these penalties.
AB221-engrossed,5,149
3. For a violation committed within 12 months of 2 previous violations,
the
10person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
11the person is subject to either a forfeiture of not less than $500 nor more than $750,
12revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
13in a supervised work program or other community service work under par. (cg) or any
14combination of these penalties.
AB221-engrossed,5,2015
4. For a violation committed within 12 months of 3 or more previous violations,
16the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
17addition, the person is subject to either a forfeiture of not less than $750 nor more
18than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 19participation in a supervised work program or other community service work under
20par. (cg) or any combination of these penalties.
AB221-engrossed, s. 9m
21Section 9m. 125.07 (4) (c) (intro.), 2., 3. and 4. of the statutes are amended to
22read:
AB221-engrossed,5,2423
125.07
(4) (c) (intro.) Any person violating par. (b)
is subject to the following
24penalties shall be penalized as follows:
AB221-engrossed,6,6
12. For a violation committed within 12 months of a previous violation,
the
2person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
3the person is subject to either a forfeiture of not less than $200 nor more than $300,
4suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 5participation in a supervised work program or other community service work under
6par. (cg) or any combination of these penalties.
AB221-engrossed,6,127
3. For a violation committed within 12 months of 2 previous violations,
the
8person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
9the person is subject to either a forfeiture of not less than $300 nor more than $500,
10revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
11in a supervised work program or other community service work under par. (cg) or any
12combination of these penalties.
AB221-engrossed,6,1813
4. For a violation committed within 12 months of 3 or more previous violations,
14the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
15addition, the person is subject to either a forfeiture of not less than $500 nor more
16than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 17participation in a supervised work program or other community service work under
18par. (cg) or any combination of these penalties.
AB221-engrossed,6,2520
125.07
(4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
21with the agreement of the defendant, may enter an additional order staying the
22execution of the penalty order and suspending or modifying the penalty imposed
,
23except that the court may not stay, suspend or modify the suspension of a person's
24operating privilege required under par. (bs) or (c). The order under this subdivision
25shall require the defendant to do any of the following:
AB221-engrossed,7,82
303.065
(2m) The department may not grant work release privileges to a
3prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails
4to obtain the assessment or to comply with the driver safety plan ordered under s.
5343.30 (1q) (c) related to the violation for which he or she was imprisoned. This
6subsection does not apply if the prisoner does not have sufficient funds to make any
7payments necessary to obtain the assessment or to comply with the driver safety
8plan.
AB221-engrossed,7,1110
303.08
(1) (cg) Attendance at an assessment ordered by a court under s. 343.30
11(1q) (c);
AB221-engrossed,7,1413
303.08
(1) (cm) Attendance at a treatment program required by a driver safety
14plan under s. 343.30 (1q) (c);
AB221-engrossed,7,2116
303.08
(10m) The sheriff may not permit a prisoner who is imprisoned for a
17violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner
18fails to obtain the assessment or to comply with the driver safety plan ordered under
19s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have
20sufficient funds to make any payments necessary to obtain the assessment or to
21comply with the driver safety plan.
AB221-engrossed,7,2423
340.01
(46m) (b) If the person has 2
or more prior convictions, suspensions or
24revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
