Amendment AA1-AB250

LRBa3020/1

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1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 1, To 1995 ASSEMBLY BILL 250

February 21, 1996 - Offered by Representatives Foti and Cullen.

AB250-AA1,1,1 At the locations indicated, amend the bill as follows:

AB250-AA1,1,2 1. Page 1, line 6: before that line insert:

AB250-AA1,1,3 " Section 1d. 342.12 (4) (a) of the statutes is amended to read:

AB250-AA1,1,11 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). The department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB250-AA1, s. 1g Section 1g. 343.10 (5) (a) 3. of the statutes is amended to read:

AB250-AA1,2,6 343.10 (5) (a) 3. If the petitioner has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The order for issuance of an occupational license to a person may restrict the person'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.".

AB250-AA1,2,7 2. Page 1, line 6: delete " Section 1" and substitute "Section 1m".

AB250-AA1,2,8 3. Page 2, line 1: delete lines 1 to 5 and substitute:

AB250-AA1,2,11 "343.305 (4) (am) If testing is refused, a motor vehicle owned by the person may be equipped with an ignition interlock device and the person's operating privilege will be revoked under this section;".

AB250-AA1,2,13 4. Page 2, line 11: delete lines 11 to 13 and substitute: "son may be equipped with an ignition interlock device;".

AB250-AA1,2,14 5. Page 2, line 16: delete lines 16 to 20 and substitute:

AB250-AA1,2,17 "343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.".

AB250-AA1,2,18 6. Page 2, line 23: delete "paragraph" and substitute "subdivision".

AB250-AA1,2,22 7. Page 3, line 2: delete lines 2 to 5 and substitute: "(b) or 940.25 (1) (a) or (b). The court shall not order a motor vehicle equipped with an ignition interlock device if that would result in undue hardship or extreme inconvenience or would endanger the health or safety of a person.

AB250-AA1, s. 6m Section 6m. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB250-AA1,3,19 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization 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.".

AB250-AA1,3,20 8. Page 3, line 8: delete lines 8 to 10 and substitute:

AB250-AA1,3,22 "940.09 (1d) (a) If a person commits an offense under sub. (1) (a) or (b), the procedure under s. 346.65 (6) may be followed regarding the".

AB250-AA1,3,23 9. Page 3, line 14: delete lines 14 to 16 and substitute:

AB250-AA1,4,2 "940.25 (1d) (a) If a person commits an offense under sub. (1) (a) or (b), the procedure under s. 346.65 (6) may be followed regarding the".

AB250-AA1,4,3 (End)