LRBs0372/1
RPN/PEN/JEO/MGD:kg:jf
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 125
March 14, 2000 - Offered by
Committee on Judiciary and Consumer Affairs.
SB125-SSA1,2,16
1An Act to repeal 343.30 (1q) (b) 5., 343.305 (10) (b) 5., 343.31 (3) (bm) 5., 346.65
2(6) (a) 2., 347.413 (2) and 800.03 (4);
to renumber 343.30 (1p);
to renumber
3and amend 940.09 (1d) and 940.25 (1d);
to amend 20.435 (6) (hx), 110.07 (3),
4125.07 (4) (bs) 2., 125.07 (4) (bs) 3. and 4., 125.07 (4) (c) 2., 125.07 (4) (c) 3. and
54., 125.07 (4) (e) 2. (intro.), 165.83 (2) (e), 343.10 (5) (a) 3., 343.10 (5) (b), 343.23
6(2) (b), 343.30 (1q) (b) 3., 343.30 (1q) (h), 343.30 (6) (b) (intro.), 343.303, 343.305
7(3) (a), 343.305 (3) (b), 343.305 (5) (b), 343.305 (8) (c) 1., 343.305 (9) (a) 1.,
8343.305 (9) (a) 5. a., 343.305 (9) (d), 343.305 (10) (b) 3., 343.305 (10m), 343.31
9(3) (bm) 3., 346.63 (2m), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2)
10(e), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (b), 346.65 (2g) (c),
11346.65 (2j) (b), 346.65 (2w), 346.65 (6) (a) 1., 346.65 (6) (a) 2m., 346.65 (6) (a) 3.,
12346.65 (6) (b), 346.65 (6) (c), 346.65 (6) (d), 346.655 (1), 346.655 (2) (a), 346.655
13(2) (b), 346.95 (2), 347.413 (1), 347.417 (1), 347.417 (2), 349.03 (2m), 349.03 (4),
1349.06 (1m), 885.235 (1m), 885.235 (4), 938.344 (2) (b), 938.344 (2) (c), 938.344
2(2b) (b) and 938.344 (2b) (c); and
to create 20.395 (5) (ek), 51.30 (4) (b) 25.,
385.55, 110.10, 303.065 (2m), 303.08 (1) (cg), 303.08 (1) (cm), 303.08 (10m),
4343.30 (1p) (b), 343.301, 343.305 (10) (eg), 343.307 (4), 346.65 (2) (g), 346.65 (2g)
5(ag), 346.657, 346.93 (2f), 346.93 (2g), 940.09 (1d) (a) and 940.25 (1d) (a) of the
6statutes;
relating to: operating a motor vehicle while under the influence of an
7intoxicant or drugs, or both; immobilization of, installation of an ignition
8interlock device on or seizure of motor vehicles for offenses related to driving
9while under the influence of an intoxicant; absolute sobriety for repeat drunken
10drivers; restrictions on prisoner release from jail or prison; creating a safe-ride
11grant program; creating an ignition interlock device program; counting drunk
12driving offenses; pretrial intoxicated driver intervention grants; requiring a
13report on incarceration alternatives and ignition interlock devices; certain
14alcohol beverage offenses committed by persons under the legal drinking age;
15granting rule-making authority; making appropriations; and providing
16penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB125-SSA1, s. 1
17Section
1. 20.395 (5) (ek) of the statutes is created to read:
SB125-SSA1,2,2018
20.395
(5) (ek)
Safe-ride grant program; state funds. From the general fund,
19all moneys transferred from the appropriation account under s. 20.435 (6) (hx) for the
20purpose of awarding grants under s. 85.55.
SB125-SSA1,3,13
120.435
(6) (hx)
Services related to drivers, receipts. The amounts in the
2schedule for services related to drivers. All moneys received by the state treasurer
3from the driver improvement surcharge on court fines and forfeitures authorized
4under s. 346.655 and all moneys transferred from the appropriation account under
5s. 20.395 (5) (di) shall be credited to this appropriation.
The secretary of
6administration shall annually transfer to the appropriation account under s. 20.395
7(5) (ek) 3.76% of all moneys credited to this appropriation from the driver
8improvement surcharge. Any unencumbered moneys in this appropriation account
9may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5)
10(ci) and (di) and 20.455 (5) (h) by the secretary of administration after consultation
11with the secretaries of health and family services and transportation, the
12superintendent of public instruction, the attorney general and the president of the
13university of Wisconsin system.
SB125-SSA1, s. 3
14Section
3. 51.30 (4) (b) 25. of the statutes is created to read:
SB125-SSA1,3,1715
51.30
(4) (b) 25. To the department of corrections or to a sheriff, to determine
16if a person incarcerated is complying with the assessment or the driver safety plan
17ordered under s. 343.30 (1q) (c).
SB125-SSA1,4,3
1985.55 Safe-ride grant program. The department may award grants to any
20county or municipality or to any nonprofit corporation, as defined in s. 46.93 (1m) (c),
21to cover the costs of transporting persons suspected of having a prohibited alcohol
22concentration, as defined in s. 340.01 (46m), from any premises licensed under ch.
23125 to sell alcohol beverages to their places of residence. The amount of a grant under
24this section may not exceed 50% of the costs necessary to provide the service. The
25liability of a provider of a safe-ride program to persons transported under the
1program is limited to the amounts required for an automobile liability policy under
2s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation
3under s. 20.395 (5) (ek).
SB125-SSA1,4,145
110.07
(3) The secretary may employ inspectors who may not wear the uniform
6of the state patrol, whose duties shall be to enforce and assist in administering s.
7346.63
and 346.657, this chapter and chs. 194, 218, 340 to 345 and 347 to 351, s.
823.33, the inspection requirements of s. 121.555 (2) (b) and the requirements under
9s. 346.45 (4) for vehicles being used to transport hazardous materials. Such
10inspectors, in the performance of these duties, shall have the powers and authority
11of state traffic officers. For the purpose of death, disability and retirement coverage,
12such inspectors shall be subject to ch. 40 as is the state traffic patrol. Subject to sub.
13(5), the secretary may clothe and equip inspectors as the interest of public safety and
14their duties require.
SB125-SSA1,4,19
16110.10 Ignition interlock device program. The department shall
17promulgate rules providing for the implementation of an ignition interlock device
18program that will be conveniently available to persons throughout this state. The
19rules shall include provisions regarding all of following:
SB125-SSA1,4,21
20(1) The selection of persons to install, service and remove ignition interlock
21devices from motor vehicles.
SB125-SSA1,4,23
22(2) The periodic review of the fees charged to the owner of a vehicle for the
23installation, service and removal of an ignition interlock device.
SB125-SSA1,4,25
24(3) Requiring ignition interlock device providers operating in this state to
25establish pilot programs involving the voluntary use of ignition interlock devices.
SB125-SSA1,5,3
1(4) Requiring ignition interlock device providers operating in this state to
2provide the department and law enforcement agencies designated by the department
3with installation, service, tampering and failure reports in a timely manner.
SB125-SSA1,5,8
4(5) Requiring ignition interlock device providers to notify the department of
5any ignition interlock device tampering, circumvention, bypass or violation resets,
6including all relevant data recorded in the device's memory. Upon receiving notice
7described in this subsection, the department shall immediately provide the notice
8and data to the provider that is administering the violator's driver safety plan.
SB125-SSA1, s. 7
9Section
7. 125.07 (4) (bs) 2. of the statutes is amended to read:
SB125-SSA1,5,1710
125.07
(4) (bs) 2. For a violation committed within 12 months of
a one previous
11violation, either a forfeiture of not less than $300 nor more than $500,
suspension
12of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
13in a supervised work program or other community service work under par. (cg) or any
14combination of these penalties.
In addition, the person's operating privilege may be
15suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
16(a) involved a motor vehicle the person's operating privilege shall be suspended as
17provided under s. 343.30 (6) (b) 2.
SB125-SSA1,6,220
125.07
(4) (bs) 3. For a violation committed within 12 months of 2 previous
21violations, either a forfeiture of not less than $500 nor more than $750,
suspension
22of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
23supervised work program or other community service work under par. (cg) or any
24combination of these penalties.
In addition, the person's operating privilege may be
25suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
1(a) involved a motor vehicle the person's operating privilege shall be suspended as
2provided under s. 343.30 (6) (b) 3.
SB125-SSA1,6,103
4. For a violation committed within 12 months of 3 or more previous violations,
4either a forfeiture of not less than $750 nor more than $1,000,
suspension of the
5person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised
6work program or other community service work under par. (cg) or any combination
7of these penalties.
In addition, the person's operating privilege may be suspended
8as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved
9a motor vehicle the person's operating privilege shall be suspended as provided
10under s. 343.30 (6) (b) 3.
SB125-SSA1, s. 9
11Section
9. 125.07 (4) (c) 2. of the statutes is amended to read:
SB125-SSA1,6,1912
125.07
(4) (c) 2. For a violation committed within 12 months of
a one previous
13violation, either a forfeiture of not less than $200 nor more than $300,
suspension
14of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation
15in a supervised work program or other community service work under par. (cg) or any
16combination of these penalties.
In addition, the person's operating privilege may be
17suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
18(b) involved a motor vehicle the person's operating privilege shall be suspended as
19provided under s. 343.30 (6) (b) 2.
SB125-SSA1,7,422
125.07
(4) (c) 3. For a violation committed within 12 months of 2 previous
23violations, either a forfeiture of not less than $300 nor more than $500,
suspension
24of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a
25supervised work program or other community service work under par. (cg) or any
1combination of these penalties.
In addition, the person's operating privilege may be
2suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
3(b) involved a motor vehicle the person's operating privilege shall be suspended as
4provided under s. 343.30 (6) (b) 3.
SB125-SSA1,7,125
4. For a violation committed within 12 months of 3 or more previous violations,
6either a forfeiture of not less than $500 nor more than $1,000,
suspension of the
7person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised
8work program or other community service work under par. (cg) or any combination
9of these penalties.
In addition, the person's operating privilege may be suspended
10as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved
11a motor vehicle the person's operating privilege shall be suspended as provided
12under s. 343.30 (6) (b) 3.
SB125-SSA1, s. 11
13Section
11. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
SB125-SSA1,7,1914
125.07
(4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
15with the agreement of the defendant, may enter an additional order staying the
16execution of the penalty order and suspending or modifying the penalty imposed
,
17except that the court may not stay, suspend or modify the suspension of a person's
18operating privilege required under par. (bs) or (c). The order under this subdivision
19shall require the defendant to do any of the following:
SB125-SSA1,8,221
165.83
(2) (e) Obtain and file a copy or detailed description of each arrest
22warrant issued in this state for the offenses under par. (a)
or s. 800.03 (4) but not
23served because the whereabouts of the person named on the warrant is unknown or
24because that person has left the state. All available identifying data shall be
25obtained with the copy of the warrant, including any information indicating that the
1person named on the warrant may be armed, dangerous or possessed of suicidal
2tendencies.
SB125-SSA1,8,104
303.065
(2m) The department may not grant work release privileges to a
5prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails
6to obtain the assessment or to comply with the driver safety plan ordered under s.
7343.30 (1q) (c) related to the violation for which he or she was imprisoned. This
8subsection does not apply if the prisoner does not have sufficient funds to make any
9payments necessary to obtain the assessment or to comply with the driver safety
10plan.
SB125-SSA1,8,1312
303.08
(1) (cg) Attendance at an assessment ordered by a court under s. 343.30
13(1q) (c);
SB125-SSA1,8,1615
303.08
(1) (cm) Attendance at a treatment program required by a driver safety
16plan under s. 343.30 (1q) (c);
SB125-SSA1,8,2318
303.08
(10m) The sheriff may not permit a prisoner who is imprisoned for a
19violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner
20fails to obtain the assessment or to comply with the driver safety plan ordered under
21s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have
22sufficient funds to make any payments necessary to obtain the assessment or to
23comply with the driver safety plan.
SB125-SSA1, s. 17
24Section
17. 343.10 (5) (a) 3. of the statutes is amended to read:
SB125-SSA1,9,14
1343.10
(5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
2or revocations, as counted under s. 343.307 (1), the occupational license of the
3applicant shall restrict the applicant's operation under the occupational license to
4vehicles that are equipped with a functioning ignition interlock device if the court
5has ordered under s. 346.65 (6) (a) 1.
, 1997 stats., that a motor vehicle owned by the
6person be equipped with an ignition interlock device. A person to whom a restriction
7under this subdivision applies violates that restriction if he or she requests or
8permits another to blow into an ignition interlock device or to start a motor vehicle
9equipped with an ignition interlock device for the purpose of providing the person an
10operable motor vehicle without the necessity of first submitting a sample of his or her
11breath to analysis by the ignition interlock device. If the occupational license
12restricts the applicant's operation to a vehicle that is equipped with an ignition
13interlock device, the applicant shall be liable for the reasonable costs of equipping
14the vehicle with the ignition interlock device.
SB125-SSA1,9,1816
343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
17specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b)
, (eg) and (em),
18343.31 (3m), 343.32 (1m), 767.303 and 961.50.
SB125-SSA1,9,2520
343.23
(2) (b) The information specified in par. (a) must be filed by the
21department so that the complete operator's record is available for the use of the
22secretary in determining whether operating privileges of such person shall be
23suspended, revoked, canceled or withheld in the interest of public safety. The record
24of suspensions, revocations and convictions that would be counted under s. 343.307
25(2) shall be maintained
for 10 years, except that if there are 2 or more suspensions,
1revocations or convictions within any 10-year period, the record shall be maintained 2permanently. The record of convictions for disqualifying offenses under s. 343.315
3(2) (h) shall be maintained for at least 10 years. The record of convictions for
4disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years.
5The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
6be maintained permanently, except that 5 years after a licensee transfers residency
7to another state such record may be transferred to another state of licensure of the
8licensee if that state accepts responsibility for maintaining a permanent record of
9convictions for disqualifying offenses. Such reports and records may be cumulative
10beyond the period for which a license is granted, but the secretary, in exercising the
11power of suspension or revocation granted under s. 343.32 (2) may consider only
12those reports and records entered during the 4-year period immediately preceding
13the exercise of such power of suspension or revocation.
SB125-SSA1, s. 20
14Section
20. 343.30 (1p) of the statutes is renumbered 343.30 (1p) (a).
SB125-SSA1,10,2216
343.30
(1p) (b) Notwithstanding sub. (1), a court shall suspend the operating
17privilege of a person for 6 months upon the person's conviction by the court for
18violation of s. 346.657 or a local ordinance in conformity with s. 346.657. If there was
19a minor passenger under 16 years of age in the motor vehicle at the time of the
20violation that gave rise to the conviction under s. 346.657 or a local ordinance in
21conformity with s. 346.657, the court shall suspend the operating privilege of the
22person for 12 months.
SB125-SSA1, s. 22
23Section
22. 343.30 (1q) (b) 3. of the statutes is amended to read: