2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2009 ASSEMBLY BILL 17
May 15, 2009 - Offered by Representative Staskunas.
25.40 (1) (a) 17. of the statutes is created to read:
(a) 17. Moneys collected under s. 343.301 (5) that are deposited into 10
the general fund and credited to the appropriation under s. 20.395 (5) (hs).".
343.301 (1) (a) of the statutes is repealed.".
343.301 (1d) of the statutes is created to read:
A court shall order that a person's operating privilege for the 13
operation of "Class D" vehicles be restricted to operating vehicles that are equipped 14
with an ignition interlock device and, except as provided in sub. (1m), shall order that 15
each motor vehicle kept at the person's household and operated by the person be 16
equipped with an ignition interlock device if either of the following applies:
(a) The person improperly refused to take a test under s. 343.305.
(b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of 19
the following applies:
1. The person had an alcohol concentration of 0.15 or more at the time of the 21
2. The person has a total of one or more prior convictions, suspensions, or 23
revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
lifetime and other convictions, suspensions, and revocations counted under s. 2
If equipping each motor vehicle with an ignition interlock device 5
under sub. (1d) would cause an undue financial hardship, the court may order that 6
one or more vehicles described in sub. (1d) not be equipped with an ignition interlock 7
343.301 (5) of the statutes is created to read:
If the court enters an order under sub. (1d), the court shall impose 15
and the person shall pay to the court an interlock surcharge of $50. The court shall 16
transmit the surcharge to the county treasurer for the county in which the order is 17
entered. The county treasurer shall retain $40 of each surcharge and make payment 18
of the remaining $10 to the department. The department shall credit the moneys it 19
receives under this subsection to the appropriate account under s. 20.395 (5) (hs).".
343.305 (10m) of the statutes is repealed and recreated to read:
343.305 (10m) Refusals; ignition interlock of a motor vehicle.
requirements and procedures under s. 343.301 apply when an operating privilege is 3
revoked under sub. (10).".
940.09 (1d) of the statutes is repealed and recreated to read:
The requirements and procedures under s. 343.301 apply when a 12
person violates sub. (1).
AB17-AA1, s. 31m
940.25 (1d) of the statutes is repealed and recreated to read:
The requirements and procedures under s. 343.301 apply when a 15
person violates sub. (1).".
1626. Page 12, line 6
: after "subsection" insert ", but does not preclude the 17
counting of other convictions, suspensions, or revocations as prior convictions, 18
suspensions, or revocations for purposes of administrative action by the department 19
of transportation, sentencing by a court, or revocation or suspension of motor vehicle 20