Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,409,12 343.10 (5) (a) 1. a. In addition to any restrictions appearing on the former operator's license of the applicant and except as provided in this subd. 1. a., the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The restrictions under this subd. 1. a. do not apply to an occupational license that restricts the applicant's operation under the occupational license to motor vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6).

AB100-ASA1-AA8,409,14 b. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41.

AB100-ASA1-AA8, s. 4067gm Section 4067gm. 343.10 (5) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA8,410,14 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations any conviction, suspension or revocation, as counted under s. 343.307 (1), within the previous 10-year period, 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). The ignition interlock device restriction under this subdivision does not apply if an applicant has only one conviction, as counted under s. 343.307 (1), within the previous 10-year period, the conviction resulted from the person having an alcohol concentration of less than 0.18, as reported to the department under s. 343.305 (7) (a), and the applicant does not have any suspension or revocation as the result of the refusal to submit to chemical testing, as counted under s. 343.307 (1) (e) or (f), within the previous 10-year period. 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. In addition to the penalties under sub. (8), if a person 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 with an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, the period of the ignition interlock device restriction shall be increased by the amount of time from the issuance of the restricted occupational license under this subdivision to the date of violation of the ignition interlock device restriction.

AB100-ASA1-AA8, s. 4067gp Section 4067gp. 343.10 (5) (a) 4. of the statutes is created to read:

AB100-ASA1-AA8,410,21 343.10 (5) (a) 4. If the department issues a person an occupational license under sub. (7) restricted to operating motor vehicles equipped with an ignition interlock device, the department shall inform the person of the ignition interlock program under s. 110.10 and that he or she is liable for the reasonable costs of equipping any motor vehicle that he or she operates with a functioning ignition interlock device.

AB100-ASA1-AA8, s. 4067gr Section 4067gr. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB100-ASA1-AA8,411,3 343.10 (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 59.25 (3) (m).

AB100-ASA1-AA8, s. 4067gu Section 4067gu. 343.10 (6) (b) of the statutes is created to read:

AB100-ASA1-AA8,411,9 343.10 (6) (b) No person whose operating privilege is restricted to operating only 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. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB100-ASA1-AA8, s. 4067gv Section 4067gv. 343.10 (7) (cm) of the statutes is amended to read:

AB100-ASA1-AA8,411,15 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any a motor vehicle that the applicant will be permitted to operate has been equipped with a functioningignition interlock device obtained from a service provider under s. 110.10.

AB100-ASA1-AA8, s. 4067hd Section 4067hd. 343.10 (8) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,411,19 343.10 (8) (a) (intro.) Any Except as provided under par. (ai), any person who violates any restriction of an occupational license, in addition to the immediate revocation of the license:

AB100-ASA1-AA8, s. 4067hi Section 4067hi. 343.10 (8) (ai) of the statutes is created to read:

AB100-ASA1-AA8,411,23 343.10 (8) (ai) Any person who violates an occupational license restriction that requires him or her to only operate vehicles that are equipped with an ignition interlock device:

AB100-ASA1-AA8,411,25 1. Shall forfeit not less than $150 nor more than $600, except as provided in subd. 2.

AB100-ASA1-AA8,412,3 2. Shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not more than 6 months, if the number of convictions under this section equals 2 or more in a 5-year period.

AB100-ASA1-AA8, s. 4067hm Section 4067hm. 343.10 (8) (b) of the statutes is amended to read:

AB100-ASA1-AA8,412,6 343.10 (8) (b) The 5-year period under par. (a) 2. or (ai) 2. shall be measured from the dates of the violations which resulted in the convictions.".

AB100-ASA1-AA8,412,7 1272. Page 1654, line 22: after that line insert:

AB100-ASA1-AA8,412,8 " Section 4083m. 343.18 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA8,412,12 343.18 (3) (b) If the special restrictions card is part of an occupational license issued under s. 343.10, any person who violates sub. (1) is subject to the penalties provided in s. 343.10 (8) (a) and the person's operating privilege shall be revoked under s. 343.31 (3) (h).".

AB100-ASA1-AA8,412,13 1273. Page 1657, line 3: after that line insert:

AB100-ASA1-AA8,412,15 " Section 4093mc. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB100-ASA1-AA8,412,17 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB100-ASA1-AA8, s. 4093mf Section 4093mf. 343.21 (1) (j) 2. of the statutes is created to read:

AB100-ASA1-AA8,412,24 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

AB100-ASA1-AA8, s. 4093mi Section 4093mi. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA8,413,11 343.30 (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 person's conviction resulted from the person having an alcohol concentration of 0.18 or more, or if the court determines that an ignition interlock device restriction is needed to ensure public safety, the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. The person is eligible for an occupational license under s. 343.10 at any time.

AB100-ASA1-AA8, s. 4093mj Section 4093mj. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA8,413,22 343.30 (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, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. 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).

AB100-ASA1-AA8, s. 4093mm Section 4093mm. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB100-ASA1-AA8,414,8 343.30 (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, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. 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).

AB100-ASA1-AA8, s. 4093mo Section 4093mo. 343.30 (4) of the statutes is amended to read:

AB100-ASA1-AA8,414,19 343.30 (4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately take possession of any suspended or revoked license and shall forward it as provided in s. 345.48 to the department together with the record of conviction and notice of suspension or revocation. If a person is convicted under s. 346.63 (1) or a local ordinance in conformity therewith or is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the record of conviction shall include the convicted person's alcohol concentration, if known. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.

AB100-ASA1-AA8, s. 4093mp Section 4093mp. 343.305 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA8,415,2 343.305 (4) (b) If testing is refused, a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1) and, the person's operating privilege will be revoked under this section and the person will be restricted to operating a motor vehicle equipped with an ignition interlock device for a period after his or her operating privilege is reinstated;

AB100-ASA1-AA8, s. 4093ms Section 4093ms. 343.305 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,415,12 343.305 (4) (c) If one or more tests are taken and the results of any test indicate that the person has a prohibited alcohol concentration and was driving or operating a motor vehicle, the person will be subject to penalties, the person's operating privilege will be suspended under this section, the person will be restricted to operating a motor vehicle equipped with an ignition interlock device for a period after his or her operating privilege is reinstated and a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior convictions, suspensions or revocations within a 10-year period that would be counted under s. 343.307 (1); and

AB100-ASA1-AA8, s. 4093mu Section 4093mu. 343.305 (10) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA8,415,20 343.305 (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, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB100-ASA1-AA8, s. 4093mw Section 4093mw. 343.305 (10) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA8,416,5 343.305 (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, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 90 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.

AB100-ASA1-AA8, s. 4093mx Section 4093mx. 343.305 (10) (b) 4. of the statutes is amended to read:

AB100-ASA1-AA8,416,15 343.305 (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, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 120 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.".

AB100-ASA1-AA8,416,16 1274. Page 1657, line 3: after that line insert:

AB100-ASA1-AA8,416,17 " Section 4093mg. 343.21 (1m) of the statutes is created to read:

AB100-ASA1-AA8,416,21 343.21 (1m) In addition to the fee specified in sub. (1) (am), (b) or (d), an applicant whose application for renewal of a license or authorization under sub. (1) (am), (b) or (d) is filed after the date of expiration of the license or authorization shall pay to the department a late fee of $5.

AB100-ASA1-AA8, s. 4095m Section 4095m. 343.31 (3) (h) of the statutes is amended to read:

AB100-ASA1-AA8,416,24 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her operating privilege revoked for 6 months.".

AB100-ASA1-AA8,417,1 1275. Page 1657, line 11: after that line insert:

AB100-ASA1-AA8,417,2 " Section 4100c. 343.38 (5) of the statutes is amended to read:

AB100-ASA1-AA8,417,9 343.38 (5) Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB100-ASA1-AA8, s. 4100f Section 4100f. 343.39 (3) of the statutes is amended to read:

AB100-ASA1-AA8,417,17 343.39 (3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.".

AB100-ASA1-AA8,417,18 1276. Page 1657, line 22: delete lines 22 to 25.

AB100-ASA1-AA8,417,19 1277. Page 1658, line 1: delete lines 1 to 7.

AB100-ASA1-AA8,417,20 1278. Page 1658, line 11: delete "$12" and substitute " $9".

AB100-ASA1-AA8,417,21 1279. Page 1658, line 11: delete " 4 8" and substitute "4".

AB100-ASA1-AA8,417,22 1280. Page 1658, line 13: delete "renumbered 343.50 (6) (a) and".

AB100-ASA1-AA8,417,23 1281. Page 1658, line 15: delete "(a)".

AB100-ASA1-AA8,418,1 1282. Page 1658, line 21: delete "$12" and substitute " $9".

AB100-ASA1-AA8,418,2 1283. Page 1658, line 21: delete " 4 8" and substitute "4".

AB100-ASA1-AA8,418,3 1284. Page 1658, line 22: delete lines 22 to 25.

AB100-ASA1-AA8,418,4 1285. Page 1659, line 1: delete lines 1 to 5.

AB100-ASA1-AA8,418,5 1286. Page 1659, line 7: after that line insert:

AB100-ASA1-AA8,418,6 " Section 4108m. 343.51 (1) of the statutes is amended to read:

AB100-ASA1-AA8,419,3 343.51 (1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or (1r) (a) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.".

AB100-ASA1-AA8,419,4 1287. Page 1659, line 22: after that line insert:

AB100-ASA1-AA8,419,5 " Section 4126m. 344.01 (2) (cm) of the statutes is created to read:

AB100-ASA1-AA8,419,8 344.01 (2) (cm) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB100-ASA1-AA8, s. 4127m Section 4127m. 344.02 (1) of the statutes is amended to read:

AB100-ASA1-AA8,419,21 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

AB100-ASA1-AA8, s. 4128m Section 4128m. 344.14 (2m) of the statutes is created to read:

AB100-ASA1-AA8,420,3 344.14 (2m) A motor vehicle may not be impounded under sub. (1m) if the vehicle is registered, or is required to be registered, in the name of the lessee of the vehicle.".

AB100-ASA1-AA8,420,4 1288. Page 1666, line 6: after that line insert:

AB100-ASA1-AA8,420,6 " Section 4167m. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1. (intro.) and amended to read:

AB100-ASA1-AA8,420,13 346.65 (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 the owner of a motor vehicle to equip the motor vehicle with an ignition interlock device or under s. 110.10 or order a law enforcement officer to immobilize any motor vehicle owned by the person whose if the owner has 2 suspensions, revocations or convictions within a 10-year period, as counted under s. 343.307 (1), and the owner:

AB100-ASA1-AA8,420,15 a. Has had his or her operating privilege is revoked under s. 343.305 (10) or who.

AB100-ASA1-AA8,420,20 b. Has 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).

AB100-ASA1-AA8,420,23 1m. 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.

AB100-ASA1-AA8, s. 4167mm Section 4167mm. 346.65 (6) (a) 1r. of the statutes is created to read:

AB100-ASA1-AA8,421,6 346.65 (6) (a) 1r. When ordering a person to equip a motor vehicle with an ignition interlock device under subd. 1., the court may consider the person's ability to pay for the cost of complying with the order. If the court determines that the person is unable to pay the full cost of complying with the order, the court may reduce the amount of the fine imposed, but may not reduce the fine imposed below the minimum fine specified for the violation.

AB100-ASA1-AA8, s. 4168m Section 4168m. 346.65 (6) (d) of the statutes is amended to read:

AB100-ASA1-AA8,421,23 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person 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) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that the owner had 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of 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), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that he or she did not have 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon the payment of storage costs.".

AB100-ASA1-AA8,421,24 1289. Page 1666, line 6: after that line insert:

AB100-ASA1-AA8,422,1 " Section 4165md. 346.63 (2m) of the statutes is amended to read:

AB100-ASA1-AA8,422,9 346.63 (2m) If a person has not attained the age of 19 legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).".