Amendment AA8-ASA1-AB100

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).".

AB100-ASA1-AA8,422,10 1290. Page 1666, line 6: after that line insert:

AB100-ASA1-AA8,422,11 " Section 4153m. 346.01 of the statutes is renumbered 346.01 (1).

AB100-ASA1-AA8, s. 4154m Section 4154m. 346.01 (2) of the statutes is created to read:

AB100-ASA1-AA8,422,17 346.01 (2) In this chapter, 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 for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3) and 346.945.

AB100-ASA1-AA8, s. 4159m Section 4159m. 346.175 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,422,21 346.175 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

AB100-ASA1-AA8, s. 4160m Section 4160m. 346.195 (1) of the statutes is amended to read:

AB100-ASA1-AA8,423,3 346.195 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.19 (1) for failing to yield the right-of-way to an authorized emergency vehicle shall be liable for the violation as provided in this section.

AB100-ASA1-AA8, s. 4161m Section 4161m. 346.205 (1) of the statutes is amended to read:

AB100-ASA1-AA8,423,7 346.205 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.20 (1) for failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.

AB100-ASA1-AA8, s. 4162m Section 4162m. 346.457 (1) of the statutes is amended to read:

AB100-ASA1-AA8,423,11 346.457 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.455 (1) or (2) shall be liable for the violation as provided in this subsection.

AB100-ASA1-AA8, s. 4163m Section 4163m. 346.465 (1) of the statutes is amended to read:

AB100-ASA1-AA8,423,14 346.465 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.46 (2m) shall be liable for the violation as provided in this section.

AB100-ASA1-AA8, s. 4164m Section 4164m. 346.485 (1) of the statutes is amended to read:

AB100-ASA1-AA8,423,17 346.485 (1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.48 (1) shall be liable for the violation as provided in this section.

AB100-ASA1-AA8, s. 4165m Section 4165m. 346.505 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA8,423,20 346.505 (3) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of sub. (2) shall be liable for the violation as provided in this subsection.".

AB100-ASA1-AA8,423,21 1291. Page 1666, line 23: after that line insert:

AB100-ASA1-AA8,423,22 " Section 4171m. 346.665 of the statutes is created to read:

AB100-ASA1-AA8,424,3 346.665 Definition. In ss. 346.67 to 346.72, notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

AB100-ASA1-AA8, s. 4176m Section 4176m. 346.94 (13) of the statutes is amended to read:

AB100-ASA1-AA8,424,7 346.94 (13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of s. 342.40 (1) (1m) or (4) (b) 1., on or along any highway or on any public or private property.

AB100-ASA1-AA8, s. 4177g Section 4177g. 346.945 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,424,11 346.945 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.94 (16) shall be presumed liable for the violation as provided in this section.".

AB100-ASA1-AA8,424,12 1292. Page 1667, line 1: before that line insert:

AB100-ASA1-AA8,424,13 " Section 4179gg. 347.413 (1) of the statutes is amended to read:

AB100-ASA1-AA8,425,2 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of, or violate any requirement established by the department regarding, an ignition interlock device installed in response to the court order under s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or, to make necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department or as the result of the person defaulting on any agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid or allow any other person to operate a motor vehicle without a functioning ignition interlock device if that other person has been restricted to operating a motor vehicle equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6).

AB100-ASA1-AA8, s. 4179gm Section 4179gm. 347.413 (3) of the statutes is amended to read:

AB100-ASA1-AA8,425,8 347.413 (3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. ss. 343.10 (5) (a) 3. and 4., 343.30 (1q) (b) 2., 3. and 4. and 343.305 (10) (b) 2., 3. and 4.

AB100-ASA1-AA8, s. 4179gr Section 4179gr. 347.50 (1t) of the statutes is created to read:

AB100-ASA1-AA8,425,15 347.50 (1t) If the department determines that a person restricted to operating a motor vehicle equipped with an ignition interlock device has tampered with that ignition interlock device, the department shall increase the period of the ignition interlock device restriction on the person's operating privilege by the amount of time from the issuance of the ignition interlock device restriction on his or her operating privilege to the date of the tampering.".