AB572: Bill Text

AB572,12,5 343.10 (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.

AB572, s. 23 Section 23. 343.10 (5) (a) 4. of the statutes is created to read:

AB572,12,12 343.10 (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.

AB572, s. 24 Section 24. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB572,12,17 343.10 (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).

AB572, s. 25 Section 25. 343.10 (6) (b) of the statutes is created to read:

AB572,12,23 343.10 (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).

AB572, s. 26 Section 26. 343.10 (7) (cm) of the statutes is amended to read:

AB572,13,5 343.10 (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 functioning ignition interlock device obtained from a service provider under s. 110.10.

AB572, s. 27 Section 27. 343.10 (8) (a) (intro.) of the statutes is amended to read:

AB572,13,9 343.10 (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:

AB572, s. 28 Section 28. 343.10 (8) (ai) of the statutes is created to read:

AB572,13,13 343.10 (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:

AB572,13,15 1. Shall forfeit not less than $150 nor more than $600, except as provided in subd. 2.

AB572,13,18 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.

AB572, s. 29 Section 29. 343.10 (8) (b) of the statutes is amended to read:

AB572,13,21 343.10 (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.

AB572, s. 30 Section 30. 343.18 (3) (b) of the statutes is amended to read:

AB572,14,2 343.18 (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).

AB572, s. 31 Section 31. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB572,14,6 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB572, s. 32 Section 32. 343.21 (1) (j) 2. of the statutes is created to read:

AB572,14,13 343.21 (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).

AB572, s. 33 Section 33. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB572,14,24 343.30 (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.

AB572, s. 34 Section 34. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB572,15,10 343.30 (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).

AB572, s. 35 Section 35. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB572,15,21 343.30 (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).

AB572, s. 36 Section 36. 343.30 (4) of the statutes is amended to read:

AB572,16,7 343.30 (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.

AB572, s. 37 Section 37. 343.305 (4) (b) of the statutes is amended to read:

AB572,16,15 343.305 (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;

AB572, s. 38 Section 38. 343.305 (4) (c) of the statutes is amended to read:

AB572,16,25 343.305 (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

AB572, s. 39 Section 39. 343.305 (10) (b) 2. of the statutes is amended to read:

AB572,17,8 343.305 (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.

AB572, s. 40 Section 40. 343.305 (10) (b) 3. of the statutes is amended to read:

AB572,17,18 343.305 (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.

AB572, s. 41 Section 41. 343.305 (10) (b) 4. of the statutes is amended to read:

AB572,18,3 343.305 (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.

AB572, s. 42 Section 42. 343.31 (3) (h) of the statutes is amended to read:

AB572,18,6 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her operating privilege revoked for 6 months.

AB572, s. 43 Section 43. 343.38 (5) of the statutes is amended to read:

AB572,18,14 343.38 (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.

AB572, s. 44 Section 44. 343.39 (3) of the statutes is amended to read:

AB572,18,22 343.39 (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.

AB572, s. 45 Section 45. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1. (intro.) and amended to read:

AB572,19,7 346.65 (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:

AB572,19,9 a. Has had his or her operating privilege is revoked under s. 343.305 (10) or who.

AB572,19,14 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).

AB572,19,17 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.

AB572, s. 46 Section 46. 346.65 (6) (a) 1r. of the statutes is created to read:

AB572,19,24 346.65 (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.

AB572, s. 47 Section 47. 346.65 (6) (d) of the statutes is amended to read:

AB572,20,16 346.65 (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.

AB572, s. 48 Section 48. 347.413 (1) of the statutes is amended to read:

AB572,21,5 347.413 (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).

AB572, s. 49 Section 49. 347.413 (3) of the statutes is amended to read:

AB572,21,11 347.413 (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.

AB572, s. 50 Section 50. 347.50 (1t) of the statutes is created to read:

AB572,21,18 347.50 (1t) If the department determines that a person restricted to operating a motor vehicle equipped with an ignition interlock device has violated s. 347.413 (1), 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.

AB572, s. 51 Section 51. Nonstatutory provisions.

AB572,21,25 (1) Ignition interlock device program. On the effective date of this subsection, the authorized FTE positions for the department of transportation are increased by 1.5 SEG positions, to be funded from the appropriation under section 20.395 (5) (er) of the statutes, as created by this act, for the purpose of developing and administering the ignition interlock device program under section 110.10 of the statutes, as created by this act.

AB572, s. 52 Section 52 . Initial applicability.

AB572,22,9 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a) 1., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4. and (7) (cm), 343.30 (1q) (b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2., 3. and 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of administrative action by the department of transportation, sentencing by a court or suspending or revoking a person's operating privilege.

AB572, s. 53 Section 53. Effective dates.

AB572,22,16 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a) 1., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4., (7) (cm) and (8) (a) (intro.), (ai) and (b), 343.30 (1q) (b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2., 3. and 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of the statutes and Section 52 (1) of this act take effect on the first day of the 9th month beginning after publication.

AB572,22,17 (End)