AB17: Bill Text

LRB-0933/2

PJH:cjs:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 17

February 3, 2009 - Introduced by Representatives Staskunas, Kaufert, Smith, Jorgensen, Sherman, Ziegelbauer, Davis, Hebl, Berceau, A. Ott, Cullen, Townsend, Roth, Spanbauer, Richards, Shilling, Soletski, Barca, Gunderson and Turner, cosponsored by Senators Plale, Leibham, Lehman, Carpenter, Darling, Harsdorf, A. Lasee and Schultz. Referred to Committee on Public Safety.

AB17,1,12 An Act to repeal 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), 346.65 (6), 940.09 (1d) (b) and 940.25 (1d) (b); to renumber and amend 343.301 (1) (c), 343.301 (1) (d), 940.09 (1d) (a) 1., 940.09 (1d) (a) 2., 940.25 (1d) (a) 1. and 940.25 (1d) (a) 2.; to consolidate, renumber and amend 343.301 (1) (a) 1. and 2. and 343.301 (1) (b) 1. and 2.; to amend 340.01 (46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301 (title), 343.305 (10m) (title), 343.305 (10m) (a), 343.305 (10m) (b), 347.413 (title) and (1), 347.417 (1), 347.417 (2) and 347.50 (1s); to repeal and recreate 343.10 (2) (a) (intro.); and to create 20.395 (5) (hs), 343.10 (2) (f), 343.301 (3) (b), 343.301 (5) and 347.50 (1t) of the statutes; relating to: requiring ignition interlock devices for certain motor vehicle violations, granting rule-making authority, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, if a person is convicted of a second offense relating to operating a motor vehicle with a prohibited alcohol concentration (in most cases, a concentration of 0.8 or higher) or under the influence of an intoxicant (OWI-related offense), a judge may immobilize the person's motor vehicles or require that the person's operating privilege be limited to operating vehicles that are equipped with an ignition interlock device. If a person is convicted of a third or subsequent OWI-related offense within five years, a judge must limit the person's operating privilege to operating vehicles that are equipped with an ignition interlock device unless the judge orders that the person's motor vehicles be immobilized or seized and sold at auction.

Current law requires the person to pay for the costs of installing and monitoring the ignition interlock device on every motor vehicle he or she owns. If the judge determines that this would work a hardship to the person, current law allows the judge to require an ignition interlock device on some, but not all, of the person's motor vehicles.

Under current law, no one may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device. A person who does so may be required to forfeit not less than $150 nor more than $600 for the first offense and, for a second or subsequent offense within five years, may be fined not less than $300 nor more than $1,000, or imprisoned for not more than six months, or both.

This bill eliminates the option of ordering the person's vehicle to be immobilized or seized and sold at auction. The bill makes it mandatory for a judge to require that the person's operating privilege be limited, for a minimum of one year, to operating vehicles that are equipped with an ignition interlock device if either of the following are true: 1) the person commits a first OWI-related offense with an alcohol concentration of 0.15 or more; or 2) the person commits a second OWI-related offense.

Under the bill, the judge must order that every motor vehicle the person owns be equipped with an ignition interlock device. If the judge determines that the person's income is at or below 150 percent of the federal poverty level, the person is required to pay a $50 surcharge upon the installation of the first ignition interlock device and, for each ignition interlock device, half of the installation cost, and $1 per day toward the cost of monitoring the ignition interlock device. A person whose income is above 150 percent of the federal poverty level is required to pay the surcharge and assume the full cost of installing and monitoring each ignition interlock device. Under the bill, if a person who is ordered to do so fails to pay the surcharge or fails to have an ignition interlock device installed, he or she may not obtain an occupational license.

Under the bill, a court may order a person who removes, disconnects, tampers with, or otherwise circumvents the operation of an ignition interlock device to be imprisoned for not more than six months for a first offense. The bill also subjects a person who fails to have an ignition interlock device installed as ordered by the court to the same penalties as a person who removes, disconnects, tampers with, or otherwise circumvents the operation of an ignition interlock device.

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:

AB17, s. 1 Section 1. 20.395 (5) (hs) of the statutes is created to read:

AB17,3,4 20.395 (5) (hs) Ignition interlock device administration and enforcement. All moneys received under s. 343.301 (5) for expenditures related to administering and enforcing the ignition interlock device program under s. 343.301.

AB17, s. 2 Section 2. 340.01 (46m) (c) of the statutes is amended to read:

AB17,3,8 340.01 (46m) (c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB17, s. 3 Section 3. 342.12 (4) (c) 1. b. of the statutes is repealed.

AB17, s. 4 Section 4. 342.12 (4) (c) 1. c. of the statutes is amended to read:

AB17,3,13 342.12 (4) (c) 1. c. The person requesting the issuance of the certificate of title files an affidavit with the department attesting that the conditions condition under subd. 1. a. and b. are is met.

AB17, s. 5 Section 5. 342.13 (1) of the statutes is amended to read:

AB17,4,3 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate. If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".

AB17, s. 6 Section 6. 343.10 (2) (a) (intro.) of the statutes is amended to read:

AB17,4,6 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), a person is eligible for an occupational license if the following conditions are satisfied:

AB17, s. 7 Section 7. 343.10 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin Acts 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB17,4,11 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

AB17, s. 8 Section 8. 343.10 (2) (f) of the statutes is created to read:

AB17,4,18 343.10 (2) (f) If the court orders under s. 343.301 (1) that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration.

AB17, s. 9 Section 9. 343.10 (5) (a) 3. of the statutes is amended to read:

AB17,5,13 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 343.301 (1) (a) 1. or 2. that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she removes or disconnects an ignition interlock device, 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. If, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB17, s. 10 Section 10. 343.301 (title) of the statutes is amended to read:

AB17,5,16 343.301 (title) Installation of ignition interlock device or immobilization of a motor vehicle.

AB17, s. 11 Section 11. 343.301 (1) (title) of the statutes is repealed.

AB17, s. 12 Section 12. 343.301 (1) (a) 1. and 2. of the statutes are consolidated, renumbered 343.301 (1) and amended to read:

AB17,6,17 343.301 (1) Except as provided in subd. 2., if If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person either had an alcohol concentration of 0.15 or more at the time of the offense or has a total of one or more prior convictions, suspensions, or 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. 343.307 (1), the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device. 2. If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of 2 or more convictions, suspensions, or revocations, counted under s. 343.307 (1) within any 5-year period, the court shall order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device. If equipping each motor vehicle with an ignition interlock device under this subdivision would cause an undue financial hardship, the court may order that one or more motor vehicles subject to this subdivision not be equipped with an ignition interlock device. This subdivision does not apply if the court enters an order under sub. (2) (a) 2. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this subdivision, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under s. 346.65 (6).

AB17, s. 13 Section 13. 343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:

AB17,7,4 343.301 (2m) The court may shall restrict the operating privilege restriction under par. (a) 1. sub. (1) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning one year after the operating privilege revocation period begins on the date the department issues any license granted under this chapter. The court may order the installation of an ignition interlock device under sub. (1) immediately upon issuing an order under sub. (1).

AB17, s. 14 Section 14. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and amended to read:

AB17,7,9 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order under par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

AB17, s. 15 Section 15. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:

AB17,7,19 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects an ignition interlock device, 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, or otherwise tampers with or circumvents the operation of the ignition interlock device.

AB17, s. 16 Section 16. 343.301 (2) of the statutes is repealed.

AB17, s. 17 Section 17. 343.301 (3) (b) of the statutes is created to read:

AB17,8,2 343.301 (3) (b) If the court finds that the person who is subject to an order under sub. (1) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2), the court shall limit the person's liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and $1 per day per vehicle in which an ignition interlock device is installed.

AB17, s. 18 Section 18. 343.301 (5) of the statutes is created to read:

AB17,8,6 343.301 (5) In addition to the the costs under sub. (3), the person shall pay to the department a surcharge of $50 upon the installation of the first ignition interlock device.

AB17, s. 19 Section 19. 343.305 (10m) (title) of the statutes is amended to read: