SB125-engrossed, s. 25 21Section 25. 343.30 (6) (b) (intro.) of the statutes, as affected by 1997 Wisconsin
22Act 84
, is amended to read:
SB125-engrossed,11,2523 343.30 (6) (b) (intro.) If a court imposes suspension of a person's operating
24privilege under s. 125.07 (4) (bs) or (c), 346.93 (2f) or (2g) or 938.344 (2), (2b) or (2d),
25the suspension imposed shall be one of the following:
SB125-engrossed, s. 26
1Section 26. 343.301 of the statutes is created to read:
SB125-engrossed,12,8 2343.301 Installation of ignition interlock device or immobilization of
3a motor vehicle.
(1) Ignition interlock. (a) If a person improperly refuses to take
4a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the
5person has one or more prior suspensions, revocations or convictions that would be
6counted under s. 343.307 (1), the court may order that the person's operating
7privilege for the operation of "Class D" vehicles be restricted to operating "Class D"
8vehicles that are equipped with an ignition interlock device.
SB125-engrossed,12,119 (b) The court may restrict the operating privilege restriction under par. (a) for
10a period of not less than one year nor more than the maximum operating privilege
11revocation period permitted for the refusal or violation.
SB125-engrossed,12,1412 (c) If the court restricts the person's operating privilege under par. (a), the
13person shall be liable for the reasonable cost of equipping and maintaining any
14ignition interlock device installed in his or her motor vehicle.
SB125-engrossed,12,2015 (d) A person to whom a restriction under this subsection applies violates that
16restriction if he or she requests or permits another to blow into an ignition interlock
17device or to start a motor vehicle equipped with an ignition interlock device for the
18purpose of providing the person an operable motor vehicle without the necessity of
19first submitting a sample of his or her breath to analysis by the ignition interlock
20device.
SB125-engrossed,12,25 21(2) Immobilization. (a) If a person improperly refuses to take a test under s.
22343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the person has one
23or more prior suspensions, revocations or convictions that would be counted under
24s. 343.307 (1), the court may order that the motor vehicle used during the refusal or
25violation and owned by the person be immobilized.
SB125-engrossed,13,3
1(b) The court may order the immobilization under par. (a) for a period of not less
2than one year nor more than the maximum operating privilege revocation period
3permitted for the refusal or violation.
SB125-engrossed,13,64 (c) If the court orders that the person's motor vehicle be immobilized, the person
5shall be liable for the reasonable cost of equipping and maintaining any
6immobilization device installed on his or her motor vehicle.
SB125-engrossed,13,147 (d) The court shall notify the department, in a form and manner prescribed by
8the department, that an order to immobilize a motor vehicle has been entered. The
9registration records of the department shall reflect that the order has been entered
10against the motor vehicle and remains unexecuted. Any law enforcement officer may
11execute that order based on the information provided by the department. The law
12enforcement agency shall notify the department when an order has been executed
13under this paragraph and the department shall amend its vehicle registration
14records to reflect that notification.
SB125-engrossed,13,1915 (e) Within 10 days after immobilizing a motor vehicle under par. (d), the law
16enforcement agency that immobilized the vehicle shall provide notice of the
17immobilization to all lienholders of record. The notice shall set forth the year, make,
18model and vehicle identification number of the motor vehicle, where the motor
19vehicle is located and the reason for the immobilization.
SB125-engrossed, s. 35 20Section 35. 343.305 (10) (b) 3. of the statutes is amended to read:
SB125-engrossed,14,221 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions
22under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other

23convictions, suspensions and revocations counted under s. 343.307 (2) within a
2410-year period, equals 2, the court shall revoke the person's operating privilege for
252 years. After the first 90 days of the revocation period, the person is eligible for an

1occupational license under s. 343.10 if he or she has completed the assessment and
2is complying with the driver safety plan.
SB125-engrossed, s. 36 3Section 36. 343.305 (10) (b) 5. of the statutes is repealed.
SB125-engrossed, s. 38 4Section 38. 343.305 (10m) of the statutes is amended to read:
SB125-engrossed,14,155 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a
6motor vehicle.
If the person whose operating privilege is revoked under sub. (10)
7has 2 one or more prior convictions, suspensions or revocations, as counted under s.
8343.307 (1), the procedure under s. 346.65 (6) 343.301 shall be followed regarding if
9the court orders
the immobilization or seizure and forfeiture of a motor vehicle owned
10by the person or the
equipping of a the motor vehicle used and owned by the person
11with an ignition interlock device. If the person whose operating privilege is revoked
12under sub. (10) has 2 or more prior convictions, suspensions or revocations, as
13counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed if
14the court orders the seizure and forfeiture of the motor vehicle used and owned by
15the person.
SB125-engrossed, s. 40 16Section 40. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB125-engrossed,15,217 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of convictions
18under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of

19suspensions, revocations and other convictions counted under s. 343.307 (1) within
20a 10-year period, equals 2, the department shall revoke the person's operating
21privilege for not less than one year nor more than 18 months. If an Indian tribal court
22in this state revokes the person's privilege to operate a motor vehicle on tribal lands
23for not less than one year nor more than 18 months for the conviction specified in par.
24(bm) (intro.), the department shall impose the same period of revocation. After the

1first 60 days of the revocation period, the person is eligible for an occupational license
2under s. 343.10.
SB125-engrossed, s. 41 3Section 41. 343.31 (3) (bm) 5. of the statutes is repealed.
SB125-engrossed, s. 42 4Section 42. 346.63 (2m) of the statutes is amended to read:
SB125-engrossed,15,125 346.63 (2m) If a person has not attained the legal drinking age, as defined in
6s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
7has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty
8for violation of this subsection is suspension of a person's operating privilege under
9s. 343.30 (1p) (a). The person is eligible for an occupational license under s. 343.10
10at any time. If a person arrested for a violation of this subsection refuses to take a
11test under s. 343.305, the refusal is a separate violation and the person is subject to
12revocation of the person's operating privilege under s. 343.305 (10) (em).
SB125-engrossed, s. 43 13Section 43. 346.65 (2) (b) of the statutes is amended to read:
SB125-engrossed,15,2014 346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less
15than $300 $350 nor more than $1,000 $1,100 and imprisoned for not less than 5 days
16nor more than 6 months if the total number of prior convictions under ss. 940.09 (1)
17and 940.25 in the person's lifetime, plus the total number of prior
suspensions,
18revocations and other convictions counted under s. 343.307 (1) within a 10-year
19period,
equals 2 within a 10-year period. Suspensions, revocations or convictions
20arising out of the same incident or occurrence shall be counted as one.
SB125-engrossed, s. 44 21Section 44. 346.65 (2) (c) of the statutes is amended to read:
SB125-engrossed,16,222 346.65 (2) (c) Except as provided in par. pars. (f) and (g), shall be fined not less
23than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more
24than one year in the county jail if the total number of suspensions, revocations and
25convictions counted under s. 343.307 (1) equals 3, except that suspensions,

1revocations or convictions arising out of the same incident or occurrence shall be
2counted as one.
SB125-engrossed, s. 45 3Section 45. 346.65 (2) (d) of the statutes is amended to read:
SB125-engrossed,16,94 346.65 (2) (d) Except as provided in par. pars. (f) and (g), shall be fined not less
5than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more
6than one year in the county jail if the total number of suspensions, revocations and
7convictions counted under s. 343.307 (1) equals 4, except that suspensions,
8revocations or convictions arising out of the same incident or occurrence shall be
9counted as one.
SB125-engrossed, s. 46 10Section 46. 346.65 (2) (e) of the statutes is amended to read:
SB125-engrossed,16,1511 346.65 (2) (e) Except as provided in par. pars. (f) and (g), shall be fined not less
12than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more
13than 5 years if the total number of suspensions, revocations and convictions counted
14under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or
15convictions arising out of the same incident or occurrence shall be counted as one.
SB125-engrossed, s. 47 16Section 47. 346.65 (2) (g) of the statutes is created to read:
SB125-engrossed,16,1817 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.17 to
180.199, the applicable minimum and maximum fines under pars. (c) to (e) are doubled.
SB125-engrossed,16,2019 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
20applicable minimum and maximum fines under pars. (c) to (e) are tripled.
SB125-engrossed,16,2221 3. If a person convicted had an alcohol concentration of 0.25 or above, the
22applicable minimum and maximum fines under pars. (c) to (e) are quadrupled.
SB125-engrossed, s. 48 23Section 48. 346.65 (2c) of the statutes is amended to read:
SB125-engrossed,17,424 346.65 (2c) In sub. (2) (b) to (e), the time period shall be measured from the
25dates of the refusals or violations that resulted in the revocation or convictions.
If

1a person has a suspension, revocation or conviction for any offense under a local
2ordinance or a state statute of another state that would be counted under s. 343.307
3(1), that suspension, revocation or conviction shall count as a prior suspension,
4revocation or conviction under sub. (2) (b) to (e), as counted under s. 343.307.
SB125-engrossed, s. 49 5Section 49. 346.65 (2e) of the statutes is amended to read:
SB125-engrossed,17,126 346.65 (2e) If the court determines that a person does not have the ability to
7pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f)
8or (g), the court may reduce the costs, fine and forfeiture imposed and order the
9person to pay, toward the cost of the assessment and driver safety plan imposed
10under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and
11fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
12(2) (a), (b), (c), (d), (e) or, (f) or (g).
SB125-engrossed, s. 50 13Section 50. 346.65 (2g) (a) of the statutes is amended to read:
SB125-engrossed,17,2214 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
15to provide that a defendant perform community service work for a public agency or
16a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
17(2) (b) to (f) (g) and except as provided in par. (ag), the court may provide that a
18defendant perform community service work for a public agency or a nonprofit
19charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may
20require a person who is subject to sub. (2) to perform community service work for a
21public agency or a nonprofit charitable organization in addition to the penalties
22specified under sub. (2).
SB125-engrossed,18,7 23(am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only
24apply if agreed to by the organization or agency. The court shall ensure that the
25defendant is provided a written statement of the terms of the community service

1order and that the community service order is monitored. Any organization or
2agency acting in good faith to which a defendant is assigned pursuant to an order
3under this subsection has immunity from any civil liability in excess of $25,000 for
4acts or omissions by or impacting on the defendant. The issuance or possibility of the
5issuance of a community service order under this subsection does not entitle an
6indigent defendant who is subject to sub. (2) (a) to representation by counsel under
7ch. 977.
SB125-engrossed, s. 51 8Section 51. 346.65 (2g) (ag) of the statutes is created to read:
SB125-engrossed,18,169 346.65 (2g) (ag) If the court determines that a person does not have the ability
10to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant
11to perform community service work for a public agency or a nonprofit charitable
12organization in lieu of paying the fine imposed or, if the amount of the fine was
13reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each
14hour of community service performed in compliance with an order under this
15paragraph shall reduce the amount of the fine owed by an amount determined by the
16court.
SB125-engrossed, s. 52 17Section 52. 346.65 (2g) (b) of the statutes is amended to read:
SB125-engrossed,19,718 346.65 (2g) (b) The court may require a person ordered to perform community
19service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine
20resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community
21service work that demonstrates the adverse effects of substance abuse or of operating
22a vehicle while under the influence of an intoxicant or other drug, including working
23at an alcoholism treatment facility approved under s. 51.45, an emergency room of
24a general hospital or a driver awareness program under s. 346.637. The court may
25order the person to pay a reasonable fee, based on the person's ability to pay, to offset

1the cost of establishing, maintaining and monitoring the community service work
2ordered under this paragraph. If the opportunities available to perform community
3service work are fewer in number than the number of defendants eligible under this
4subsection, the court shall, when making an order under this paragraph, give
5preference to defendants who were under 21 years of age at the time of the offense.
6All provisions of par. (a) (am) apply to any community service work ordered under
7this paragraph.
SB125-engrossed, s. 53 8Section 53. 346.65 (2g) (c) of the statutes is amended to read:
SB125-engrossed,19,199 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the
10motor vehicle or commercial motor vehicle at the time of the violation that gave rise
11to the conviction, the court may require a person ordered to perform community
12service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine
13resulted from violating s. 346.63 (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to
14participate in community service work that benefits children or that demonstrates
15the adverse effects on children of substance abuse or of operating a vehicle while
16under the influence of an intoxicant or other drug. The court may order the person
17to pay a reasonable fee, based on the person's ability to pay, to offset the cost of
18establishing, maintaining and monitoring the community service work ordered
19under this paragraph.
SB125-engrossed, s. 54 20Section 54. 346.65 (2j) (b) of the statutes is amended to read:
SB125-engrossed,20,221 346.65 (2j) (b) Except as provided in par. (d), shall be fined not less than $300
22nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months
23if the total number of prior convictions under ss. 940.09 (1) and 940.25 in the person's
24lifetime, plus the total number of prior other
convictions, suspension and revocations

1counted under s. 343.307 (2) within a 10-year period, equals 2 within a 10-year
2period
.
SB125-engrossed, s. 55 3Section 55. 346.65 (2w) of the statutes is amended to read:
SB125-engrossed,20,124 346.65 (2w) In determining the number of prior convictions for purposes of sub.
5(2j), the court shall count suspensions, revocations and convictions that would be
6counted under s. 343.307 (2). Revocations, suspensions and convictions arising out
7of the same incident or occurrence shall be counted as one. The time period shall be
8measured from the dates of the refusals or violations which resulted in the
9revocation, suspension or convictions.
If a person has a suspension, revocation or
10conviction for any offense that is counted under s. 343.307 (2), that suspension,
11revocation or conviction shall count as a prior suspension, revocation or conviction
12under this section, as counted under s. 343.307.
SB125-engrossed, s. 56g 13Section 56g. 346.65 (6) (a) 1. of the statutes is amended to read:
SB125-engrossed,21,214 346.65 (6) (a) 1. Except as provided in this paragraph, the The court may order
15a law enforcement officer to seize a the motor vehicle used in the violation or
16improper refusal and owned by the person
, or, if the motor vehicle is not ordered
17seized, shall order a law enforcement officer to equip the motor vehicle with an
18ignition interlock device or immobilize any motor vehicle owned by the person, whose
19operating privilege is revoked under s. 343.305 (10) or who committed a violation of
20s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a), or (b), (c) or (d) or 940.25 (1) (a),
21(b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10)
22or who is convicted of the violation has 2 or more prior suspensions, revocations or
23convictions that would be counted under s. 343.307 (1). The court shall may not order
24a motor vehicle seized, equipped with an ignition interlock device or immobilized if

1that would result in undue hardship or extreme inconvenience or would endanger
2the health and safety of a person.
SB125-engrossed, s. 56j 3Section 56j. 346.65 (6) (a) 1. of the statutes, as affected by 1999 Wisconsin Act
4.... (this act), is amended to read:
SB125-engrossed,21,165 346.65 (6) (a) 1. The court may order a law enforcement officer to seize the
6motor vehicle used in the violation or improper refusal and owned by the person, or,
7if the motor vehicle is not ordered seized, shall order a law enforcement officer to
8equip the motor vehicle with an ignition interlock device or immobilize any motor
9vehicle owned by the person,
whose operating privilege is revoked under s. 343.305
10(10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
11(1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating
12privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2
13or more prior suspensions, revocations or convictions that would be counted under
14s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an
15ignition interlock device or immobilized
if that would result in undue hardship or
16extreme inconvenience or would endanger the health and safety of a person.
SB125-engrossed, s. 57 17Section 57. 346.65 (6) (a) 2. of the statutes is repealed.
SB125-engrossed, s. 58 18Section 58. 346.65 (6) (a) 2m. of the statutes is amended to read:
SB125-engrossed,22,1219 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure,
20equipping with an ignition interlock device or immobilization
under this paragraph
21shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
22for every the motor vehicle owned by the person that is subject to seizure. The person
23shall comply with this subdivision within 5 working days after receiving notification
24of this requirement from the district attorney. When a district attorney receives a
25copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of

1a person who has 2 or more prior convictions, suspensions or revocations, as counted
2under s. 343.307 (1), or when a district attorney notifies the department of the filing
3of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney
4shall notify the person of the requirement to surrender all certificates the certificate
5of title to the clerk of circuit court. The notification shall include the time limits for
6that surrender, the penalty for failure to comply with the requirement and the
7address of the clerk of circuit court. The clerk of circuit court shall promptly return
8each the certificate of title surrendered to the clerk of circuit court under this
9subdivision after stamping the certificate of title with the notation "Per section
10346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be
11transferred without prior court approval". Any person failing to surrender a
12certificate of title as required under this subdivision shall forfeit not more than $500.
SB125-engrossed, s. 59 13Section 59. 346.65 (6) (a) 3. of the statutes is amended to read:
SB125-engrossed,22,2414 346.65 (6) (a) 3. The court shall notify the department, in a form and manner
15prescribed by the department, that an order to equip a motor vehicle with an ignition
16interlock device, to immobilize a motor vehicle or to
seize a motor vehicle has been
17entered. The registration records of the department shall reflect that the order has
18been entered against the vehicle and remains unexecuted. Any law enforcement
19officer may execute that order and shall transfer any motor vehicle ordered seized
20to the law enforcement agency that was originally ordered to seize the vehicle based
21on the information provided by the department. The law enforcement agency shall
22notify the department when an order has been executed under this subdivision and
23the department shall amend its vehicle registration records to reflect that
24notification.
SB125-engrossed, s. 60 25Section 60. 346.65 (6) (b) of the statutes is amended to read:
SB125-engrossed,23,9
1346.65 (6) (b) Within 10 days after seizing or immobilizing a motor vehicle
2under par. (a), the law enforcement agency that seized or immobilized the vehicle
3shall provide notice of the seizure or immobilization by certified mail to the owner
4of the motor vehicle and to all lienholders of record. The notice shall set forth the
5year, make, model and serial number of the motor vehicle, where the motor vehicle
6is located, the reason for the seizure or immobilization, and the forfeiture procedure
7if the vehicle was seized. When a motor vehicle is seized under this section, the law
8enforcement agency that seized the vehicle shall place the motor vehicle in a secure
9place subject to the order of the court.
SB125-engrossed, s. 61 10Section 61. 346.65 (6) (c) of the statutes is amended to read:
SB125-engrossed,23,2111 346.65 (6) (c) The district attorney of the county where the motor vehicle was
12seized, or where the owner improperly refused to take the test under s. 343.305 or
13violated s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25
14(1) (a), (b), (c) or (d),
shall commence an action to forfeit the motor vehicle within 30
15days after the motor vehicle is seized. The action shall name the owner of the motor
16vehicle and all lienholders of record as parties. The forfeiture action shall be
17commenced by filing a summons, complaint and affidavit of the law enforcement
18agency with the clerk of circuit court. Upon service of an answer, the action shall be
19set for hearing within 60 days after the service of the answer. If no answer is served
20or no issue of law or fact joined and the time for that service or joining of issues has
21expired, the court may render a default judgment as provided in s. 806.02.
SB125-engrossed, s. 62 22Section 62. 346.65 (6) (d) of the statutes is amended to read:
SB125-engrossed,24,823 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
24proving to a reasonable certainty by the greater weight of the credible evidence that
25the motor vehicle seized under par. (a) 1. is a motor vehicle used in the violation or

1the improper refusal and
owned by a person who committed a violation of s. 346.63
2(1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or
3(d) and, if the seizure is under par. (a) 1., that the person had 2 or more prior
4convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the
5seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations,
6as counted under s. 343.307 (1)
. If the,, (c) or (d),, (c) or (d) state fails to meet the
7burden of proof required under this paragraph, the motor vehicle shall be returned
8to the owner upon the payment of storage costs.
SB125-engrossed, s. 62b 9Section 62b. 346.65 (6) (f) of the statutes is amended to read:
SB125-engrossed,24,1410 346.65 (6) (f) If a motor vehicle forfeited and sold under this subsection is owned
11in whole or in part by a person other than the person who committed the violation
12or refusal under par. (a), any moneys remaining from the sale, after making any
13payment to the lienholders under par. (em) and as provided in par. (e) 1. to 4., shall
14be paid to that person to the extent of the person's interest in the motor vehicle.
SB125-engrossed, s. 62d 15Section 62d. 346.65 (6) (k) of the statutes is amended to read:
SB125-engrossed,24,2316 346.65 (6) (k) Except as provided in par. (km), no person may transfer
17ownership of any motor vehicle that is subject to immobilization or seizure or to
18equipping with an ignition interlock device
under this subsection or make
19application for a new certificate of title under s. 342.18 for the motor vehicle unless
20the court determines that the transfer is in good faith and not for the purpose of or
21with the effect of defeating the purposes of this subsection. The department may
22cancel a title or refuse to issue a new certificate of title in the name of the transferee
23as owner to any person who violates this paragraph.
SB125-engrossed, s. 62f 24Section 62f. 346.65 (6) (km) of the statutes is amended to read:
SB125-engrossed,25,9
1346.65 (6) (km) If a person purchases a motor vehicle in good faith and without
2knowledge that the motor vehicle was subject to immobilization or seizure or to
3equipping with an ignition interlock device
under this subsection and the
4department has no valid reason for not issuing a certificate of title other than the
5prohibition under par. (k), the department shall issue a new certificate of title in the
6name of the person requesting the new certificate of title if at the time of the purchase
7of the motor vehicle the certificate of title did not contain the notation stamped on
8the certificate of title by the clerk of circuit court under par. (a) 2m. and if the person
9submits the affidavit required under s. 342.12 (4) (c) 1. c.
SB125-engrossed, s. 62h 10Section 62h. 346.65 (6) (m) of the statutes is repealed.
SB125-engrossed, s. 63 11Section 63. 346.655 (1) of the statutes is amended to read:
SB125-engrossed,25,1712 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
13for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
14s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
15vehicle, it shall impose a driver improvement surcharge in an amount of $340 $345
16in addition to the fine or forfeiture, penalty assessment, jail assessment and crime
17laboratories and drug law enforcement assessment.
SB125-engrossed, s. 64 18Section 64. 346.655 (2) (a) of the statutes is amended to read:
SB125-engrossed,25,2219 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and
20transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
21(2) (m). The county treasurer shall then make payment of 37.6% 38.5% of the amount
22to the state treasurer as provided in s. 59.25 (3) (f) 2.
SB125-engrossed, s. 65 23Section 65. 346.655 (2) (b) of the statutes is amended to read:
SB125-engrossed,26,324 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall
25transmit the amount to the treasurer of the county, city, town or village, and that

1treasurer shall make payment of 37.6% 38.5% of the amount to the state treasurer
2as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
3the remaining 62.4% 61.5% of the amount to the treasurer of the county.
SB125-engrossed, s. 67 4Section 67. 346.93 (2f) of the statutes is created to read:
SB125-engrossed,26,65 346.93 (2f) Except as provided in sub. (2g), any person violating this section
6may have his or her operating privilege suspended under s. 343.30 (6) (b) 1.
SB125-engrossed, s. 68 7Section 68. 346.93 (2g) of the statutes is created to read:
SB125-engrossed,26,98 346.93 (2g) Any person violating this section may be required to forfeit not less
9than $20 nor more than $400 and shall have his or her operating privilege:
SB125-engrossed,26,1110 (a) For a violation committed within 12 months of one previous violation,
11suspended under s. 343.30 (6) (b) 2.
SB125-engrossed,26,1312 (b) For a violation committed within 12 months of 2 or more previous violations,
13suspended under s. 343.30 (6) (b) 3.
SB125-engrossed, s. 69 14Section 69. 346.95 (2) of the statutes is amended to read:
SB125-engrossed,26,1615 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may
16be required to forfeit not less than $20 nor more than $400.
SB125-engrossed, s. 70 17Section 70. 347.413 (1) of the statutes is amended to read:
SB125-engrossed,26,2318 347.413 (1) No person may remove, disconnect, tamper with or otherwise
19circumvent the operation of an ignition interlock device installed in response to the
20court order under s. 346.65 (6), 1997 stats., or s. 343.301 (1). This subsection does
21not apply to the removal of an ignition interlock device upon the expiration of the
22order requiring the motor vehicle to be so equipped or to necessary repairs to a
23malfunctioning ignition interlock device by a person authorized by the department.
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