RPN:kmg&jlg:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 572
March 12, 1998 - Offered by
Committee on Highways and Transportation.
AB572-ASA1,2,2
1An Act to repeal 343.305 (4m), 343.38 (5) and 343.39 (3);
to renumber and
2amend 343.10 (6);
to amend 340.01 (23v), 343.10 (2) (e), 343.10 (5) (a) 3.,
3343.10 (7) (cm), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.305
4(8) (b) 2. b., 343.305 (9) (a) 2., 343.305 (9) (a) 5. b., 343.305 (9) (am) 2., 343.305
5(9) (am) 5. b., 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305
6(10m), 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3) (c), 343.31 (3) (e), 343.31
7(3) (f), 346.65 (6) (a) 1., 346.65 (6) (a) 2m., 346.65 (6) (a) 3., 346.65 (6) (c), 346.65
8(6) (d), 346.65 (6) (k), 346.65 (6) (km), 346.65 (6) (m), 347.413 (1), 940.09 (1d) and
9940.25 (1d);
to repeal and recreate 343.305 (4); and
to create 20.395 (5) (er),
1085.073, 85.55, 110.10, 343.10 (2) (a) 5., 343.10 (6) (b), 343.10 (8) (ai), 343.30 (1q)
11(bg) and 346.65 (6) (n) of the statutes;
relating to: use of ignition interlock
12devices on motor vehicles, informing a person accused of driving while under
1the influence of an intoxicant motor vehicle certificates of title, granting
2rule-making authority, making an appropriation and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB572-ASA1, s. 1
3Section
1. 20.395 (5) (er) of the statutes is created to read:
AB572-ASA1,2,84
20.395
(5) (er)
Ignition interlock device program, state funds. All moneys
5received under s. 343.10 (6) (b) that are credited to this appropriation, for the ignition
6interlock device program under s. 110.10, for educational and informational
7materials and technical equipment related to that program and for grants under s.
885.55.
AB572-ASA1,2,14
1085.073 Ignition interlock device study. The department shall study the
11impact on highway safety of the voluntary and mandatory use of ignition interlock
12devices under s. 110.10 and submit a report of that study to the legislature under s.
1313.172 (2) by January 1, 2000, and by January 1 of each of the 3 years following
14January 1, 2000.
AB572-ASA1,2,22
1685.55 Safe-ride grant program. The department may award grants to any
17city, village, town or county to cover the costs of transporting persons suspected of
18having a prohibited alcohol concentration, as defined in s. 340.01 (46m), to their
19places of residence from any premises licensed under ch. 125 to sell alcohol
20beverages. The amount of a grant under this section may not exceed 50% of the costs
21necessary to provide the service. Grants awarded under this section shall be paid
22from the appropriation under s. 20.395 (5) (er).
AB572-ASA1,3,3
1110.10 Ignition interlock device program. The department shall
2promulgate rules providing for the implementation of a statewide ignition interlock
3device program. The rules shall include provisions regarding all of following:
AB572-ASA1,3,5
4(1) The selection of persons to install, service and remove ignition interlock
5devices from motor vehicles.
AB572-ASA1,3,7
6(2) The review of the fees charged to the owner of a vehicle for the installation
7and service of an ignition interlock device.
AB572-ASA1,3,9
8(3) Requiring ignition interlock device providers operating in this state to
9establish pilot programs involving the voluntary use of ignition interlock devices.
AB572-ASA1,3,12
10(4) Requiring ignition interlock device providers operating in this state to
11provide the department and law enforcement agencies the department designates
12with installation, service, tampering and failure reports in a timely manner.
AB572-ASA1,3,1714
340.01
(23v) "Ignition interlock device" means a device which measures the
15person's alcohol concentration and which is installed on a vehicle in such a manner
16that the vehicle will not start if the sample shows that the person has
a prohibited 17an alcohol concentration
of 0.04 or more.
AB572-ASA1, s. 6
18Section
6. 343.10 (2) (a) 5. of the statutes is created to read:
AB572-ASA1,3,2019
343.10
(2) (a) 5. The person has not had an occupational license canceled under
20sub. (8) (ai) during the current suspension or revocation.
AB572-ASA1, s. 7
21Section
7. 343.10 (2) (e) of the statutes is amended to read:
AB572-ASA1,4,322
343.10
(2) (e) If the court orders a person to submit to and comply with an
23assessment and driver safety plan and if the person has 2 or more prior convictions,
24suspensions or revocations, as counted under s. 343.307 (1),
within the 10-year
25period immediately preceding the date of the violation that resulted in the current
1conviction, suspension or revocation, no occupational license may be granted until
2the person has completed the assessment and is complying with the driver safety
3plan.
AB572-ASA1, s. 8
4Section
8. 343.10 (5) (a) 3. of the statutes is amended to read:
AB572-ASA1,4,165
343.10
(5) (a) 3. If the
applicant has 2 or more prior convictions, suspensions
6or revocations, as counted under s. 343.307 (1), applicant's operating privilege for
7"Class D" and "Class M" vehicles has been restricted to operating a motor vehicle
8equipped with an ignition interlock device, the occupational license of the applicant
9may shall restrict the applicant's operation under the occupational license to vehicles
10that are equipped with a functioning ignition interlock device
as provided under s.
11346.65 (6). A person to whom a restriction under this subdivision applies violates
12that restriction if he or she requests or permits another to blow into an ignition
13interlock device or to start a motor vehicle equipped with an ignition interlock device
14for the purpose of providing the person an operable motor vehicle without the
15necessity of first submitting a sample of his or her breath to analysis by the ignition
16interlock device.
AB572-ASA1,4,2119
343.10
(6) (a)
No Except as provided in par. (b), no person may file an
20application for an occupational license under sub. (1) unless he or she first pays a fee
21of $40 to the department.
AB572-ASA1,5,223
343.10
(6) (b) No person whose operating privilege for "Class D" and "Class M"
24vehicles is restricted to operating motor vehicles equipped with an ignition interlock
25device may file an application for an occupational license under sub. (1) unless he or
1she first pays a fee of $70 to the department. Of the fees collected under this
2paragraph, $30 shall be credited to the appropriation account under s. 20.395 (5) (er).
AB572-ASA1,5,104
343.10
(7) (cm) If the
occupational license includes the restriction specified in
5sub. (5) (a) 3. applicant's operating privilege for "Class D" and "Class M" vehicles has
6been restricted to operating a motor vehicle equipped with an ignition interlock
7device, the department shall not issue the occupational license until the applicant
8provides evidence satisfactory to the department that
any the motor vehicle that the
9applicant will
be permitted to operate has been equipped with a functioning ignition
10interlock device.
AB572-ASA1,5,1312
343.10
(8) (ai) The department shall cancel the occupational license of a person
13who is convicted of violating s. 347.413 (1).
AB572-ASA1, s. 13
14Section
13. 343.30 (1q) (b) 2. of the statutes is amended to read:
AB572-ASA1,5,2215
343.30
(1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
16conviction, the court shall suspend the person's operating privilege for not less than
176 months nor more than 9 months.
If the court determines that an ignition interlock
18device restriction is needed to ensure public safety, the court shall order that the
19person's operating privilege for "Class D" and "Class M" vehicles be restricted to
20operating a motor vehicle equipped with an ignition interlock device during the
21suspension period. The person is eligible for an occupational license under s. 343.10
22at any time.
AB572-ASA1, s. 14
23Section
14. 343.30 (1q) (b) 3. of the statutes is amended to read:
AB572-ASA1,6,724
343.30
(1q) (b) 3. Except as provided in subd. 4m., if the number of convictions,
25suspensions and revocations within a 5-year period equals 2, the court shall revoke
1the person's operating privilege for not less than one year nor more than 18 months
2and the court shall order that the person's operating privilege for "Class D" and
3"Class M" vehicles be restricted to operating a motor vehicle equipped with an
4ignition interlock device during the revocation period. After the first 60 days of the
5revocation period, the person is eligible for an occupational license under s. 343.10
6if he or she has completed the assessment and is complying with the driver safety
7plan ordered under par. (c).
AB572-ASA1, s. 15
8Section
15. 343.30 (1q) (b) 4. of the statutes is amended to read:
AB572-ASA1,6,179
343.30
(1q) (b) 4. Except as provided in subd. 4m., if the number of convictions,
10suspensions and revocations within a 10-year period equals 3 or more, the court
11shall revoke the person's operating privilege for not less than 2 years nor more than
123 years
and the court shall order that the person's operating privilege for "Class D"
13and "Class M" vehicles be restricted to operating a motor vehicle equipped with an
14ignition interlock device during the revocation period . After the first 90 days of the
15revocation period, the person is eligible for an occupational license under s. 343.10
16if he or she has completed the assessment and is complying with the driver safety
17plan ordered under par. (c).
AB572-ASA1,7,319
343.30
(1q) (bg) If the court, under par. (b), orders that the person's operating
20privilege for "Class D" and "Class M" vehicles be restricted to operating a motor
21vehicle equipped with an ignition interlock device, the court shall inform the person
22that he or she is liable for the reasonable costs of equipping the motor vehicle that
23he or she operates with an ignition interlock device. The court may consider the
24person's ability to pay the cost of complying with that order. If the court determines
25that the person is unable to pay the full cost of complying with that order, the court
1may credit all or part of the amount paid for installation and maintenance of the
2ignition interlock device against the fine or forfeiture imposed for the offense that
3resulted in the order.
AB572-ASA1, s. 17
4Section
17. 343.305 (4) of the statutes is repealed and recreated to read:
AB572-ASA1,7,75
343.305
(4) Information. At the time that a chemical test specimen is
6requested under sub. (3) (a) or (am), the law enforcement officer shall read the
7following to the person from whom the test specimen is requested:
AB572-ASA1,7,11
8"You have either been arrested for an offense that involves driving or operating
9a motor vehicle while under the influence of alcohol or drugs, or both, or you are
10suspected of driving or being on duty time with respect to a commercial motor vehicle
11after consuming an intoxicating beverage.
AB572-ASA1,7,1812
This law enforcement agency now wants to test one or more samples of your
13breath, blood or urine to determine the concentration of alcohol or drugs in your
14system. If any test shows more alcohol in your system than the law permits while
15driving, your operating privilege will be suspended. If you refuse to take any test that
16this agency requests, your operating privilege will be revoked and you will be subject
17to other penalties. The test results or the fact that you refused testing can be used
18against you in court.
AB572-ASA1,7,2219
If you take all the requested tests, you may choose to take further tests. You
20may take the alternative test that this law enforcement agency provides free of
21charge. You also may have a test conducted by a qualified person of your choice at
22your expense. You, however, will have to make your own arrangements for that test.
AB572-ASA1,7,2523
If you have a commercial driver license or were operating a commercial motor
24vehicle, other consequences may result from positive test results or from refusing
25testing, such as being placed out of service or disqualified."
AB572-ASA1, s. 19
2Section
19. 343.305 (8) (b) 2. b. of the statutes is amended to read:
AB572-ASA1,8,43
343.305
(8) (b) 2. b. Whether the person was informed of the options regarding
4tests under this section as required under sub. (4)
or under subs. (4) and (4m).
AB572-ASA1, s. 20
5Section
20. 343.305 (9) (a) 2. of the statutes is amended to read:
AB572-ASA1,8,76
343.305
(9) (a) 2. That the officer complied with sub. (4)
or both subs. (4) and
7(4m).
AB572-ASA1, s. 21
8Section
21. 343.305 (9) (a) 5. b. of the statutes is amended to read:
AB572-ASA1,8,109
343.305
(9) (a) 5. b. Whether the officer complied with sub. (4)
or both subs. (4)
10and (4m).
AB572-ASA1, s. 22
11Section
22. 343.305 (9) (am) 2. of the statutes is amended to read:
AB572-ASA1,8,1312
343.305
(9) (am) 2. That the officer complied with sub. (4)
or both subs. (4) and
13(4m).
AB572-ASA1, s. 23
14Section
23. 343.305 (9) (am) 5. b. of the statutes is amended to read:
AB572-ASA1,8,1615
343.305
(9) (am) 5. b. Whether the officer complied with sub. (4)
or both subs.
16(4) and (4m).
AB572-ASA1, s. 24
17Section
24. 343.305 (10) (b) 2. of the statutes is amended to read:
AB572-ASA1,8,2318
343.305
(10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
19improper refusal, the court shall revoke the person's operating privilege for one year
20and the court shall order that the person's operating privilege for "Class D" and
21"Class M" vehicles be restricted to operating a motor vehicle equipped with an
22ignition interlock device during the revocation period. After the first 30 days of the
23revocation period, the person is eligible for an occupational license under s. 343.10.
AB572-ASA1, s. 25
24Section
25. 343.305 (10) (b) 3. of the statutes is amended to read:
AB572-ASA1,9,8
1343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
2suspensions and revocations in a 5-year period equals 2, the court shall revoke the
3person's operating privilege for 2 years
and the court shall order that the person's
4operating privilege for "Class D" and "Class M" vehicles be restricted to operating a
5motor vehicle equipped with an ignition interlock device during the revocation
6period. After the first 90 days of the revocation period, the person is eligible for an
7occupational license under s. 343.10 if he or she has completed the assessment and
8is complying with the driver safety plan.
AB572-ASA1, s. 26
9Section
26. 343.305 (10) (b) 4. of the statutes is amended to read:
AB572-ASA1,9,1710
343.305
(10) (b) 4. Except as provided in subd. 4m., if the number of convictions,
11suspensions and revocations in a 10-year period equals 3 or more, the court shall
12revoke the person's operating privilege for 3 years
and the court shall order that the
13person's operating privilege for "Class D" and "Class M" vehicles be restricted to
14operating a motor vehicle equipped with an ignition interlock device during the
15revocation period. After the first 120 days of the revocation period, the person is
16eligible for an occupational license under s. 343.10 if he or she has completed the
17assessment and is complying with the driver safety plan.
AB572-ASA1,9,2519
343.305
(10m) (title)
Refusals; seizure
, or immobilization or ignition
20interlock of a motor vehicle. If the person whose operating privilege is revoked
21under sub. (10) has 2 or more prior convictions, suspensions or revocations, as
22counted under s. 343.307 (1), within a 10-year period, the procedure under s. 346.65
23(6) shall be followed regarding the immobilization or seizure and forfeiture of a motor
24vehicle owned by the person
or the equipping of a motor vehicle owned by the person
25with an ignition interlock device.
AB572-ASA1, s. 28
1Section
28. 343.31 (3) (bm) 3. of the statutes is amended to read:
AB572-ASA1,10,122
343.31
(3) (bm) 3. Except as provided in subd. 4m., if the number of
3suspensions, revocations and convictions within a 5-year period equals 2, the
4department shall revoke the person's operating privilege for not less than one year
5nor more than 18 months. If an Indian tribal court in this state revokes the person's
6privilege to operate a motor vehicle on tribal lands for not less than one year nor more
7than 18 months for the conviction specified in par. (bm) (intro.), the department shall
8impose the same period of revocation
and shall restrict the person's operating
9privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped
10with an ignition interlock device during the revocation period. After the first 60 days
11of the revocation period, the person is eligible for an occupational license under s.
12343.10.
AB572-ASA1, s. 29
13Section
29. 343.31 (3) (bm) 4. of the statutes is amended to read:
AB572-ASA1,10,2414
343.31
(3) (bm) 4. Except as provided in subd. 4m., if the number of
15suspensions, revocations and convictions within a 10-year period equals 3 or more,
16the department shall revoke the person's operating privilege for not less than 2 years
17nor more than 3 years. If an Indian tribal court in this state revokes the person's
18privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more
19than 3 years for the conviction specified in par. (bm) (intro.), the department shall
20impose the same period of revocation
and shall restrict the person's operating
21privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped
22with an ignition interlock device during the revocation period. After the first 90 days
23of the revocation period, the person is eligible for an occupational license under s.
24343.10.
AB572-ASA1,11,8
1343.31
(3) (c) Any person convicted under s. 940.09 of causing the death of
2another by the operation or handling of a motor vehicle shall have his or her
3operating privilege revoked for 5 years. If there was a minor passenger under 16
4years of age in the motor vehicle at the time of the violation that gave rise to the
5conviction under s. 940.09, the revocation period is 10 years.
The department shall
6restrict the person's operating privilege for "Class D" and "Class M" vehicles to
7operating a motor vehicle equipped with an ignition interlock device during the
8revocation period.
AB572-ASA1,11,1610
343.31
(3) (e) Any person convicted under s. 346.63 (2) shall have his or her
11operating privilege revoked for not less than one year nor more than 2 years. If there
12was a minor passenger under 16 years of age in the motor vehicle at the time of the
13violation that gave rise to the conviction under s. 346.63 (2), the minimum and
14maximum revocation periods are doubled.
The department shall restrict the
15person's operating privilege for "Class D" and "Class M" vehicles to operating a motor
16vehicle equipped with an ignition interlock device during the revocation period.
AB572-ASA1,11,2418
343.31
(3) (f) Any person convicted under s. 940.25 shall have his or her
19operating privilege revoked for 2 years. If there was a minor passenger under 16
20years of age in the motor vehicle at the time of the violation that gave rise to the
21conviction under s. 940.25, the revocation period is 4 years.
The department shall
22restrict the person's operating privilege for "Class D" and "Class M" vehicles to
23operating a motor vehicle equipped with an ignition interlock device during the
24revocation period.
AB572-ASA1,12,143
346.65
(6) (a) 1. (intro.) Except as provided in this paragraph, the court may
4order a law enforcement officer to
seize a motor vehicle, or, if the motor vehicle is not
5ordered seized, shall order a law enforcement officer to equip the motor vehicle with
6an ignition interlock device or immobilize any motor vehicle owned by the person
7whose operating privilege is revoked under s. 343.305 (10) or who committed a
8violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1)
9(a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or
10who is convicted of the violation has 2 prior suspensions, revocations or convictions
11within a 10-year period that would be counted under s. 343.307 (1) The court shall
12not order a motor vehicle
equipped with an ignition interlock device or immobilized
13if that
order would result in undue hardship
or extreme inconvenience or would
14endanger the health and safety of a person.
AB572-ASA1, s. 36
15Section
36. 346.65 (6) (a) 2m. of the statutes is amended to read: