AB572: Bill Text

1997 - 1998 LEGISLATURE

1997 Assembly BILL 572

October 17, 1997 - Introduced by Representatives Ward, Foti, Huebsch, Hanson, Hahn, Urban, Olsen, M. Lehman, La Fave, Ladwig, Walker, Gard, Johnsrud, Baumgart, Schafer, Ourada, Ott, Kedzie, Duff, Ainsworth, F. Lasee, Otte, Goetsch, Owens, Dobyns, Lazich, Kelso, Vrakas, Grothman, Hutchison, Nass, Powers, Turner, Porter, Harsdorf, Hebl and Hasenohrl, cosponsored by Senators Wirch, Farrow, Risser, Cowles, Fitzgerald, Roessler, Panzer, Rosenzweig, Darling and Plache. Referred to Committee on Highways and Transportation.

AB572,1,14 An Act to repeal 85.09 (1) (b); to renumber and amend 343.10 (5) (a) 1., 343.10 (6), 343.21 (1) (j) and 346.65 (6) (a) 1.; to amend 16.75 (1) (a) 1., 85.022 (3), 85.024 (1), 85.063 (1) (b), 85.065 (1) (a) (intro.), 85.08 (2) (i), 85.08 (4m) (b) 1., 85.08 (4m) (e) 2. d., 85.08 (5) (a) 1., 85.08 (5) (a) 2., 85.095 (1) (a), 85.095 (4), 340.01 (23v), 343.10 (2) (a) 1., 343.10 (2) (e), 343.10 (5) (a) 3., 343.10 (7) (cm), 343.10 (8) (a) (intro.), 343.10 (8) (b), 343.18 (3) (b), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (4), 343.305 (4) (b), 343.305 (4) (c), 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 346.65 (6) (d), 347.413 (1) and 347.413 (3); and to create 20.395 (5) (er), 85.01 (2m), 85.55, 110.10, 343.10 (5) (a) 4., 343.10 (6) (b), 343.10 (8) (ai), 343.21 (1) (j) 2., 346.65 (6) (a) 1r. and 347.50 (1t) of the statutes; relating to: use of ignition interlock devices on motor vehicles; creating an ignition interlock device program and a safe-ride grant program; requiring the exercise of rule-making authority; making an appropriation; and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, if a person's operating privilege is suspended or revoked, the person may apply for an occupational license to enable him or her to use a motor vehicle to work, go to school or engage in homemaking responsibilities. Currently, the occupational license restricts the person to operating a motor vehicle at specific times, in specific areas or along specific routes. In addition, currently, if the person applying for an occupational license has been convicted of operating a motor vehicle while under the influence of an intoxicant, controlled substance or other drug (OWI), and the person has 2 or more prior OWI-related suspensions, revocations or convictions, the occupational license may restrict the person to operating motor vehicles equipped with the ignition interlock device.

Under this bill, if a person applying for an occupational license has any prior OWI-related suspensions, revocations or convictions within the previous 10-year period, the occupational license must restrict the person to operating a motor vehicle equipped with the ignition interlock device. This requirement does not apply if the person has only one prior OWI conviction within that 10-year period and the conviction resulted from having an blood alcohol concentration of less than 0.18. The bill provides that, if a person is restricted to operating a motor vehicle equipped with an ignition interlock device, other restrictions as to hours of driving, and areas or routes do not apply. The bill also requires a person applying for an occupational license whose operating privilege is restricted to operating a motor vehicle equipped with an ignition interlock device to pay an additional fee of $70. If the person is applying for a regular license, an additional $30 fee is charged.

Under current law, if a person violates any restriction placed on his or her occupational license, the occupational license is revoked and he or she is subject to a forfeiture or fine and imprisonment in the county jail. Under this bill, in addition to those penalties, if a person whose occupational license is restricted to operating a motor vehicle equipped with the ignition interlock device tampers with that device or allows someone else to blow into the device to circumvent the requirement that he or she use the device, the period of the ignition interlock device restriction is increased by the period of time from the date on which the restriction began to the date of the tampering or circumvention.

Under current law, if a person is convicted of a OWI-related offense, and the person has had 2 prior OWI-related suspensions, revocations or convictions, the court may order that a motor vehicle owned by the person be equipped with an ignition interlock device, immobilized or seized. If an ignition interlock device is installed, current law requires the device to prevent the motor vehicle from starting if the driver's breath sample indicates a blood alcohol concentration that is prohibited, currently 0.10 for first and 2nd offenses and 0.08 for subsequent offenses. If the court orders a motor vehicle equipped with an ignition interlock device, under current law, the owner is liable for the cost of equipping the motor vehicle with the ignition interlock device.

Under this bill, if a person is convicted of his or her first OWI-related offense and that conviction resulted from the person having a blood alcohol concentration of 0.18 or more, the court is required, in addition to other penalties, to restrict the person to operating a motor vehicle equipped with an ignition interlock device for the first 6 months that the person is authorized to operate a motor vehicle under an occupational license or regular license. If the blood alcohol concentration is less than 0.18, the court may restrict the person to operating a motor vehicle equipped with an ignition interlock device for the same 6-month period if the court determines that it is necessary to ensure public safety. If a person is convicted of his or her 2nd or subsequent OWI-related offense, the court is required, in addition to other penalties, to restrict the person to operating a motor vehicle equipped with an ignition interlock device for the first 2 years that the person is authorized to operate a motor vehicle under an occupational license or regular license. The current requirement that a motor vehicle owned by a person be subject to seizure, immobilization or ignition interlock device equipping if the person is convicted of his or her 3rd OWI-related offense is revised to remove the seizure option.

Under the bill, when ordering a person to equip his or her motor vehicle with an ignition interlock device, the court may consider his or her ability to pay for the costs of complying with that order and reduce the amount of the fine imposed, but not to an amount below the minimum fine specified for the violation. The bill requires that the period of time of the ignition interlock device restriction start over if a person tampers with or circumvents the operation of the device. The bill also requires that all ignition interlock devices prevent a person from starting the motor vehicle if the person's blood alcohol concentration is 0.04 or more.

This bill requires the department of transportation (DOT) to develop and administer a program to assist individuals in complying with a court order restricting the person's operating privilege to operating only vehicles equipped with an ignition interlock device. The bill requires DOT to contract with a person to create and implement a service delivery plan to install and monitor ignition interlock devices in vehicles and to report the results of the monitoring to DOT. The bill specifies eligibility criteria for contracting with DOT, and specifies the terms and conditions required to be included in the contract. The bill requires DOT to amend its vehicle registration records to indicate that an ignition interlock device is installed in or removed from a vehicle.

The bill authorizes a person who has contracted with DOT to implement a service delivery plan ("service provider") to charge a person a uniform fee for the installation and monitoring of an ignition interlock device.

The bill also creates a safe-ride grant program, administered by DOT, to award grants to any city, village, town or county for costs associated with transporting intoxicated persons from any premises licensed to sell alcohol beverages to their places of residence. Grants are limited to an amount that the grants are funded with revenues received from the increased occupational license fee and from the applicable $30 increase in the fee to reinstate an operating privilege.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB572, s. 1 Section 1. 16.75 (1) (a) 1. of the statutes is amended to read:

AB572,4,9 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 110.10 (2) (b), 287.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB572, s. 2 Section 2. 20.395 (5) (er) of the statutes is created to read:

AB572,4,15 20.395 (5) (er) Ignition interlock device program, state funds. All moneys received under ss. 343.10 (6) (b) and 343.21 (1) (j) 2. that are credited to this appropriation, for the ignition interlock device program under s. 110.10, for educational and informational materials and technical equipment related to that program and for grants under s. 85.55.

AB572, s. 3 Section 3. 85.01 (2m) of the statutes is created to read:

AB572,4,17 85.01 (2m) "Municipality" means a city, village or town.

AB572, s. 4 Section 4. 85.022 (3) of the statutes is amended to read:

AB572,4,20 85.022 (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town municipality or county.

AB572, s. 5 Section 5. 85.024 (1) of the statutes is amended to read:

AB572,4,23 85.024 (1) In this section, "political subdivision" means a municipality or county, city, village or town.

AB572, s. 6 Section 6. 85.063 (1) (b) of the statutes is amended to read:

AB572,5,3 85.063 (1) (b) "Urban area" means any area that includes a city, village or town municipality having a population of 50,000 or more that is appropriate, in the judgment of the department, for an urban rail transit system.

AB572, s. 7 Section 7. 85.065 (1) (a) (intro.) of the statutes is amended to read:

AB572,5,10 85.065 (1) (a) (intro.) Any municipality or county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:

AB572, s. 8 Section 8. 85.08 (2) (i) of the statutes is amended to read:

AB572,5,16 85.08 (2) (i) To make and execute contracts with the federal government, any other state or any municipality, county, city, village, town, railroad, or any transit commission organized under s. 59.58 (3), 66.30 or 66.943, to ensure the continuance and improvement of quality transportation service at reasonable rates or to provide for rail service on rail property owned by the state.

AB572, s. 9 Section 9. 85.08 (4m) (b) 1. of the statutes is amended to read:

AB572,5,20 85.08 (4m) (b) 1. "Eligible applicant" means a county, or municipality or town or agency thereof, a railroad, a current or potential user of freight rail service or a transit commission organized under s. 59.58 (3), 66.30 or 66.943.

AB572, s. 10 Section 10. 85.08 (4m) (e) 2. d. of the statutes is amended to read:

AB572,5,25 85.08 (4m) (e) 2. d. Relocation of a freight rail off-loading facility that has been agreed to by the owner of the facility; the city, village or town municipality in which the facility is located; and the city, village or town municipality in which the facility will be relocated.

AB572, s. 11 Section 11. 85.08 (5) (a) 1. of the statutes is amended to read:

AB572,6,3 85.08 (5) (a) 1. A city, town or village municipality with a population of 4,000 or less.

AB572, s. 12 Section 12. 85.08 (5) (a) 2. of the statutes is amended to read:

AB572,6,6 85.08 (5) (a) 2. A city, town or village municipality that is located in a county with a population density of less than 150 persons per square mile.

AB572, s. 13 Section 13. 85.09 (1) (b) of the statutes is repealed.

AB572, s. 14 Section 14. 85.095 (1) (a) of the statutes is amended to read:

AB572,6,10 85.095 (1) (a) "Eligible applicant" means a county , or municipality, town or agency thereof or a board of harbor commissioners organized under s. 30.37.

AB572, s. 15 Section 15. 85.095 (4) of the statutes is amended to read:

AB572,6,15 85.095 (4) Harbor improvements on Mississippi river. An eligible applicant may receive a grant under this section for harbor improvements located on an island in the Mississippi River regardless of the state in which the island is located if the island is owned by a city, village, town municipality or county in this state.

AB572, s. 16 Section 16. 85.55 of the statutes is created to read:

AB572,6,23 85.55 Safe-ride grant program. The department may award grants to any county or municipality to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (er).

AB572, s. 17 Section 17. 110.10 of the statutes is created to read:

AB572,6,25 110.10 Ignition interlock device program. (1) In this section:

AB572,7,2 (a) "Restricted operator" means a person whose operating privilege is restricted to operating only motor vehicles equipped with an ignition interlock device.

AB572,7,4 (b) "Service provider" means a person who has contracted with the department to provide services under this section.

AB572,7,5 (2) The department shall do all of the following:

AB572,7,8 (a) Develop and administer an ignition interlock device program that assists a person in complying with a court order restricting the person's operating privilege to operating only motor vehicles equipped with an ignition interlock device.

AB572,7,12 (b) Contract with a person to provide services required under sub. (3). The department shall contract only with a person who has at least 2 years' full-time field experience providing and servicing ignition interlock devices. The requirements of s. 16.75 (1) to (5) do not apply to contracts made under this paragraph.

AB572,7,14 (c) Amend its vehicle registration records to reflect the installation or removal of an ignition interlock device upon receiving notice under sub. (3) (g).

AB572,7,15 (d) Promulgate rules to implement this section.

AB572,7,17 (3) A contract under sub. (2) (b) shall require the service provider to do all of the following:

AB572,7,20 (a) Use only ignition interlock devices approved by the department and manufactured by a manufacturer that has 500 or more devices in service in the United States or Canada.

AB572,7,25 (am) Create and implement a service delivery plan under which any restricted operator may obtain routine service of an installed ignition interlock device within a 60-mile radius of his or her place of residence. The service delivery plan shall make installation of an ignition interlock device available to any restricted operator within a 150-mile radius of his or her place of residence.

AB572,8,2 (b) Service at least once every 2 months each ignition interlock device installed by the service provider.

AB572,8,4 (c) Provide a 24-hour toll-free telephone number for information and services related to the contract.

AB572,8,8 (d) Return any telephone call requesting service of an ignition interlock device installed by the service provider within 45 minutes after receiving the call and repair or replace any defective ignition interlock device within 48 hours after receiving a call requesting service of the device.

AB572,8,10 (e) Install devices within 15 days after receiving a request to install an ignition interlock device.

AB572,8,12 (g) Provide the department, within 2 business days after installing or removing an ignition interlock device, with notice of the installation or removal.

AB572,8,16 (h) Provide the department, within 2 business days after inspecting an installed ignition interlock device, with notice of evidence of any tampering with, circumventing, or bypassing an ignition interlock device or of resetting violations recorded by the device.

AB572,8,19 (i) Provide the department with monthly reports summarizing electronic data from the ignition interlock devices in a format that is agreed upon by the department and the service provider.

AB572,8,23 (im) Provide the department with all of the software that is reasonably required by the department to access and interpret the data collected by an ignition interlock device or submitted under pars. (h) and (i) and with any technical support that is necessary to use the software.

AB572,8,25 (j) Provide the department in a timely manner with any other information reasonably requested by the department.

AB572,9,2 (k) Cooperate with any study by the department or the legislature of the ignition interlock device program.

AB572,9,3 (L) Provide all required services and products at no cost to the state.

AB572,9,5 (m) Provide the owner of the vehicle with a program of instruction on the proper use of the ignition interlock device.

AB572,9,7 (n) Refuse to install an ignition interlock device unless the person has completed the program of instruction under par. (m).

AB572,9,8 (4) No service provider may do any of the following:

AB572,9,10 (a) Contract with any person to have that person provide any services that are required to be performed by the service provider under sub. (3).

AB572,9,12 (b) Allow any business to be conducted from its service centers other than business directly related to providing service required under this section.

AB572,9,16 (5) A service provider may charge a restricted operator a periodic fee for services provided under this section. The amount of the fee shall be uniform statewide. No service provider may increase the fee charged to any person while that person is a restricted operator.

AB572, s. 18 Section 18. 340.01 (23v) of the statutes is amended to read:

AB572,9,21 340.01 (23v) "Ignition interlock device" means a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited an alcohol concentration of 0.04 or more.

AB572, s. 19 Section 19. 343.10 (2) (a) 1. of the statutes is amended to read:

AB572,9,25 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under s. 961.50 or under this chapter or ch. 344 or s. 161.50, except under s. 344.40, within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40. This subdivision does not apply to a person applying for an occupational license whose license or operating privilege is currently revoked or suspended because of a conviction, suspension or revocation, as counted under s. 343.307 (1).

AB572, s. 20 Section 20. 343.10 (2) (e) of the statutes is amended to read: