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, s. 1 15Section 1. 20.395 (5) (ek) of the statutes is created to read:
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, s. 2
1Section 2. 20.435 (6) (hx) of the statutes is amended to read:
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, s. 3 15Section 3. 51.30 (4) (b) 25. of the statutes is created to read:
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, s. 5 19Section 5. 85.53 (3) of the statutes is amended to read:
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, s. 6 24Section 6. 85.55 of the statutes is created to read:
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, s. 7 10Section 7. 110.10 of the statutes is created to read:
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, s. 10 19Section 10. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
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, s. 12
1Section 12. 303.065 (2m) of the statutes is created to read:
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, s. 13 9Section 13. 303.08 (1) (cg) of the statutes is created to read:
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, s. 14 12Section 14. 303.08 (1) (cm) of the statutes is created to read:
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, s. 15 15Section 15. 303.08 (10m) of the statutes is created to read:
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, s. 16 22Section 16. 340.01 (46m) (b) of the statutes is amended to read:
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.
AB221-engrossed, s. 17 25Section 17. 340.01 (46m) (c) of the statutes is created to read:
AB221-engrossed,8,3
1340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or
2revocations, as counted under s. 343.307 (1), an alcohol concentration of more than
30.02.
AB221-engrossed, s. 18 4Section 18. 342.12 (4) (a) of the statutes is amended to read:
AB221-engrossed,8,125 342.12 (4) (a) The district attorney shall notify the department when he or she
6files a criminal complaint against a person who has been arrested for violating s.
7346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions,
8suspensions or revocations, as counted under s. 343.307 (1)
. Except as provided
9under par. (c), the department may not issue a certificate of title transferring
10ownership of any motor vehicle owned by the person upon receipt of a notice under
11this subsection until the court assigned to hear the criminal complaint issues an
12order permitting the department to issue a certificate of title.
AB221-engrossed, s. 19 13Section 19. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:
AB221-engrossed,8,1914 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title
15transferring ownership of a motor vehicle that was owned by a person who has
16received a notice of intent to revoke the person's operating privilege under s. 343.305
17(9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and
18who has 2 or more prior convictions, suspensions or revocations, as counted under
19s. 343.307 (1)
, if all of the following conditions are met:
AB221-engrossed, s. 20 20Section 20. 343.10 (5) (a) 3. of the statutes is amended to read:
AB221-engrossed,9,921 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
22or revocations, as counted under s. 343.307 (1), the
The occupational license of the
23applicant shall restrict the applicant's operation under the occupational license to
24vehicles that are equipped with a functioning ignition interlock device if the court
25has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the

1person be equipped with an ignition interlock device. A person to whom a restriction
2under this subdivision applies violates that restriction if he or she requests or
3permits another to blow into an ignition interlock device or to start a motor vehicle
4equipped with an ignition interlock device for the purpose of providing the person an
5operable motor vehicle without the necessity of first submitting a sample of his or her
6breath to analysis by the ignition interlock device. If the occupational license
7restricts the applicant's operation to a vehicle that is equipped with an ignition
8interlock device, the applicant shall be liable for the reasonable costs of equipping
9the vehicle with the ignition interlock device.
AB221-engrossed, s. 21 10Section 21. 343.30 (6) (b) of the statutes is amended to read:
AB221-engrossed,9,1311 343.30 (6) (b) If a court imposes suspension or revocation of a person's operating
12privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or
13revocation
imposed shall be one of the following:
AB221-engrossed,9,1414 1. For a first violation, suspension for 30 to 90 days not more than one year.
AB221-engrossed,9,1615 2. For a violation committed within 12 months of a previous violation,
16suspension for not more less than one year nor more than 18 months.
AB221-engrossed,9,1817 3. For a violation committed within 12 months of 2 or more previous violations,
18revocation suspension for not more less than 2 years nor more than 5 years.
AB221-engrossed, s. 22 19Section 22. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).
AB221-engrossed, s. 23 20Section 23. 343.305 (10m) (a) of the statutes is created to read:
AB221-engrossed,9,2321 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10),
22the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor
23vehicle owned by the person with an ignition interlock device.
AB221-engrossed, s. 24 24Section 24. 346.65 (2) (b) of the statutes is amended to read:
AB221-engrossed,10,6
1346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less
2than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more
3than 6 months if the total number of suspensions, revocations and convictions
4counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions,
5revocations or convictions arising out of the same incident or occurrence shall be
6counted as one.
AB221-engrossed, s. 25 7Section 25. 346.65 (2) (c) of the statutes is amended to read:
AB221-engrossed,10,138 346.65 (2) (c) Except as provided in par. pars. (f) and (g), shall be fined not less
9than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more
10than one year in the county jail if the total number of suspensions, revocations and
11convictions counted under s. 343.307 (1) equals 3, except that suspensions,
12revocations or convictions arising out of the same incident or occurrence shall be
13counted as one.
AB221-engrossed, s. 26 14Section 26. 346.65 (2) (d) of the statutes is amended to read:
AB221-engrossed,10,2015 346.65 (2) (d) Except as provided in par. pars. (f) and (g), shall be fined not less
16than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more
17than one year in the county jail if the total number of suspensions, revocations and
18convictions counted under s. 343.307 (1) equals 4, except that suspensions,
19revocations or convictions arising out of the same incident or occurrence shall be
20counted as one.
AB221-engrossed, s. 27 21Section 27. 346.65 (2) (e) of the statutes is amended to read:
AB221-engrossed,11,222 346.65 (2) (e) Except as provided in par. pars. (f) and (g), shall be fined not less
23than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more
24than 5 years if the total number of suspensions, revocations and convictions counted

1under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or
2convictions arising out of the same incident or occurrence shall be counted as one.
AB221-engrossed, s. 28 3Section 28. 346.65 (2) (g) of the statutes is created to read:
AB221-engrossed,11,54 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.15 to
50.199, the applicable minimum and maximum fines under pars. (b) to (e) are doubled.
AB221-engrossed,11,76 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
7applicable minimum and maximum fines under pars. (b) to (e) are tripled.
AB221-engrossed,11,98 3. If a person convicted had an alcohol concentration of 0.25 or above, the
9applicable minimum and maximum fines under pars. (b) to (e) are quadrupled.
AB221-engrossed, s. 29 10Section 29. 346.65 (2e) of the statutes is amended to read:
AB221-engrossed,11,1711 346.65 (2e) If the court determines that a person does not have the ability to
12pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f)
13or (g), the court may reduce the costs, fine and forfeiture imposed and order the
14person to pay, toward the cost of the assessment and driver safety plan imposed
15under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and
16fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
17(2) (a), (b), (c), (d), (e) or, (f) or (g).
AB221-engrossed, s. 30 18Section 30. 346.65 (2g) (a) of the statutes is amended to read:
AB221-engrossed,12,219 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
20to provide that a defendant perform community service work for a public agency or
21a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
22(2) (b) to (f) (g) and except as provided in par. (ag), the court may provide that a
23defendant perform community service work for a public agency or a nonprofit
24charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may
25require a person who is subject to sub. (2) to perform community service work for a

1public agency or a nonprofit charitable organization in addition to the penalties
2specified under sub. (2).
AB221-engrossed,12,12 3(am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only
4apply if agreed to by the organization or agency. The court shall ensure that the
5defendant is provided a written statement of the terms of the community service
6order and that the community service order is monitored. Any organization or
7agency acting in good faith to which a defendant is assigned pursuant to an order
8under this subsection has immunity from any civil liability in excess of $25,000 for
9acts or omissions by or impacting on the defendant. The issuance or possibility of the
10issuance of a community service order under this subsection does not entitle an
11indigent defendant who is subject to sub. (2) (a) to representation by counsel under
12ch. 977.
AB221-engrossed, s. 31 13Section 31. 346.65 (2g) (ag) of the statutes is created to read:
AB221-engrossed,12,2114 346.65 (2g) (ag) If the court determines that a person does not have the ability
15to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant
16to perform community service work for a public agency or a nonprofit charitable
17organization in lieu of paying the fine imposed or, if the amount of the fine was
18reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each
19hour of community service performed in compliance with an order under this
20paragraph shall reduce the amount of the fine owed by an amount determined by the
21court.
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