LRB-2375/1
PJH:kjf
2015 - 2016 LEGISLATURE
July 31, 2015 - Introduced by Senators Wanggaard, Cowles,
Carpenter,
LeMahieu and Harris Dodd, cosponsored by Representatives Heaton,
Jacque, Sanfelippo, Subeck, Sinicki, Kitchens, Rohrkaste, Horlacher,
Krug, Ripp, Edming, Ballweg, Quinn, Macco, Spiros, Kahl and Kulp.
Referred to Committee on Judiciary and Public Safety.
SB222,2,4
1An Act to repeal 343.10 (5) (a) 2. and 3., 343.10 (7) (cm), 343.301 (1m), 343.305
2(8) (d), 343.32 (1m) (b) 1., 2. and 3. and 961.50 (1) (a), (b) and (c);
to renumber
3343.10 (5) (a) 1.;
to renumber and amend 343.10 (2) (e), 343.10 (2) (f), 343.305
4(8) (am), 343.32 (1m) (b) (intro.), 347.50 (1s), 351.07 (1) and 961.50 (1) (intro.);
5to amend 110.10 (4m), 303.08 (10r), 340.01 (46m) (c), 343.10 (1) (a), 343.10 (2)
6(a) (intro.), 343.10 (5) (b), 343.165 (5), 343.21 (1) (k), 343.28 (1), 343.30 (1q) (b)
72., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (h), 343.301 (title), 343.301
8(1g) (intro.), 343.301 (1g) (b) 2., 343.301 (2m), 343.301 (3), 343.301 (4), 343.301
9(5), 343.305 (8) (a), 343.305 (9) (a) (intro.), 343.305 (10) (b) 2., 343.305 (10) (b)
103., 343.305 (10) (b) 4., 343.305 (10) (em), 343.305 (10m), 343.31 (3) (bm) 2.,
11343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3m) (a), 343.31 (3m) (b), 347.413
12(1), 347.413 (3), 347.50 (1t), 351.07 (title), 351.07 (1g), 940.09 (1d) and 940.25
13(1d); and
to create 343.01 (2) (bg), 343.03 (3) (br), 343.10 (1) (c), 343.105,
14343.105 (1) (d), 343.105 (1) (e) 2., 343.305 (8) (am) 2. and 3., 343.305 (9) (a) 7.
1and 8. and 351.07 (1) (b) of the statutes;
relating to: requiring or allowing
2persons who have committed certain offenses related to drunken driving to
3acquire an ignition interlock device in order to operate certain motor vehicles
4and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may drive or operate a motor vehicle while under
the influence of an intoxicant or drug, with a prohibited alcohol concentration, or
with a measurable amount of a controlled substance in his or her blood (OWI). A
person who does so is subject to penalties that increase, in terms of forfeitures or fines
assessed, periods of imprisonment imposed, and periods of time during which the
person's privilege to operate a motor vehicle is suspended or revoked, with each
subsequent offense. Current law allows most OWI offenders, after a waiting period
that increases with each subsequent OWI offense, to apply for an occupational
license that allows the person to operate a motor vehicle for certain limited activities
and within certain limited geographic boundaries.
Under current law, a law enforcement officer who arrests a person for an OWI
offense may request the person to take a chemical test to determine the amount of
alcohol in his or her blood or breath. Under certain other limited circumstances, the
officer may request the person to take the test before he or she is arrested. If the
person refuses to take the test, the officer takes possession of the person's driver's
license and issues the person a notice that the Department of Transportation (DOT)
will revoke the person's driving privilege for a minimum of one year and a maximum
of three years, depending on how many prior OWI offenses the person has committed.
Under current law, refusing to take a chemical test is counted as an OWI offense.
If the person takes the test and the test indicates that the person has committed an
OWI, the officer takes possession of the person's driver's license and DOT
administratively suspends the person's operating privilege for six months.
Under current law, a person whose operating privilege is administratively
suspended or revoked may, within ten days, submit a written request for DOT to
review his or her administrative suspension or revocation. A person whose operating
privilege is administratively suspended for failing a chemical test may apply for an
occupational license immediately. A person whose operating privilege is
administratively revoked for refusing a test may apply for an occupational license
after 30 days for a first OWI offense, after 90 days after a second OWI offense, and
after 120 days after a third or subsequent OWI offense. However, if the person has
committed two or more OWI offenses within the five years, current law requires him
or her to wait 12 months before he or she may apply for an occupational license.
Current law also requires DOT to administratively suspend or revoke a person's
operating privilege when it receives notification that a person has been convicted of
committing certain OWI-related offenses in this state or in another state or on tribal
land. The periods of suspension or revocation and the waiting periods for each
offense vary, but generally increase with the seriousness of the offense and the
number of prior OWI offenses the person has committed.
In addition to the administrative suspension for failing a test and the
administrative revocation for refusing a test, when a person is convicted of an OWI
offense, the convicting court orders the person's operating privilege be revoked. The
length of time for a court-ordered revocation increases with each subsequent OWI
offense, as does the waiting period before the person may apply for an occupational
license. In general, a person who commits a first OWI offense may apply for an
occupational license immediately, and a person with prior OWI offenses may apply
after 45 days, unless he or she has committed two or more OWI offenses within five
years, in which case the person must wait 12 months before he or she may apply for
an occupational license.
Under current law, a court is required to order a person's motor vehicle
operating privilege be restricted to operating vehicles that are equipped with an
ignition interlock device (IID) when a person is convicted of a second or subsequent
OWI offense or a first OWI offense while his or her alcohol concentration is 0.15 or
greater, refuses to take a test for intoxication, or injures or kills a person while
operating a vehicle while intoxicated.
Under current law, the operating privilege restriction stays in place for not less
than one year nor more than the maximum operating privilege revocation period
permitted for the refusal or violation. A person who violates a court order to install
an IID by failing to install, removing, disconnecting, or otherwise tampering with the
IID may be fined not less than $150 nor more than $600, imprisoned for not more
than six months, or both, for the first offense, and may be fined not less than $300
nor more than $1,000, or imprisoned for not more than six months, or both, for a
second or subsequent offense.
This bill creates a license called an ignition interlock restricted license (IIRL).
Under the bill, an IIRL permits a person to operate a motor vehicle only if the motor
vehicle is equipped with an IID. An IIRL does not impose any geographic limitations,
and the person may operate the vehicle for any purpose.
Under the bill, a person who commits a first OWI offense while his or her alcohol
concentration is below 0.15 (first offender) and a person who either fails a chemical
test or who refuses a test has the option of applying for an occupational license or an
IIRL. A first offender may be eligible for an IIRL at any time, but if he or she opts
for an occupational license, he or she is not eligible to receive that license until 45
days have passed from the time of the conviction.
A person who fails a chemical test and whose operating privilege is
administratively suspended may be eligible for an IIRL immediately, if he or she
waives his or her right to an administrative hearing on the propriety of the test, and
eligible for an occupational license 45 days after his or her arrest. If the person
requests an administrative hearing and he or she does not prevail at the hearing, he
or she may be eligible for an IIRL 15 days after the hearing.
Under the bill, a person whose operating privilege is administratively revoked
for improperly refusing a test may be eligible for an IIRL after 30 days and,
depending on whether the person has prior OWI convictions or offenses, eligible for
an occupational license after a waiting period ranging from 45 days for a first
offender to 120 days for a person with more than three OWI convictions or offenses.
Under the bill, except for a first offender, anyone who is convicted of or found
to have committed an OWI offense is not eligible for an occupational license, but may
only operate a vehicle under an IIRL. If a person who was eligible for either an
occupational license or an IIRL before he or she was convicted of the offense had
opted for an IIRL, the person gets credit for the number of days he or she was licensed
under an IIRL. Under the bill, the IIRL is in effect for at least one year and remains
in effect until any applicable license revocation or operating privilege restriction for
the OWI expires.
Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT
that any applicable waiting period has passed, that the person has equipped one or
more of his or her vehicles with a functioning IID that is approved by DOT, that the
person has complied or is complying with any court-ordered assessment and driver
safety plan, and that he or she has paid the required fee to DOT.
Under the bill, a person who operates a vehicle that is not equipped with an IID,
in violation of his or her restricted operating privilege, may be fined not less than
$500 nor more than $1,200, or may be imprisoned for not more than six months, or
both for the first offense. For a second or subsequent conviction, the person may be
fined not less than $600 nor more than $2,000, or imprisoned for not more than six
months, or both. In addition, the person's operating privilege is restricted for an
additional six months for each violation.
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:
SB222,1
1Section
1. 110.10 (4m) of the statutes is amended to read:
SB222,4,62
110.10
(4m) Requiring ignition interlock device providers operating in this
3state to accept, as payment in full for equipping a motor vehicle with an ignition
4interlock device and for maintaining the ignition interlock device, the amount
5specified by the department under s. 343.301 (3) (b) or ordered by the court under s.
6343.301 (3) (b),
2013 stats., if applicable.
SB222,2
7Section
2. 303.08 (10r) of the statutes is amended to read:
SB222,5,9
1303.08
(10r) The sheriff may not permit a prisoner who is subject to an order
2under s. 343.301 (1g)
2013 stats., to leave the jail under sub. (1) unless, within 2
3weeks after the court issues the order, the person submits proof to the sheriff that
4an ignition interlock device has been installed in each motor vehicle to which the
5order applies.
If the prisoner's operating privilege is restricted pursuant to s.
6343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not
7permit the person to leave the jail under sub. (1) unless the person submits proof to
8the sheriff that an ignition interlock device has been installed in each motor vehicle
9the person operates.
SB222,3
10Section
3. 340.01 (46m) (c) of the statutes is amended to read:
SB222,5,1411
340.01
(46m) (c) If the person is subject to an order under s. 343.301
, 2013
12stats., or if the person's operating privilege is restricted pursuant to s. 343.301 (1g), 13or if the person has 3 or more prior convictions, suspensions or revocations, as
14counted under s. 343.307 (1), an alcohol concentration of more than 0.02.
SB222,4
15Section
4. 343.01 (2) (bg) of the statutes is created to read:
SB222,5,1916
343.01
(2) (bg) "Ignition interlock restricted license" means an operator's
17license, issued in accordance with s. 343.105, that permits the holder to operate only
18motor vehicles that are equipped with a functioning ignition interlock device that is
19approved by the department.
SB222,5
20Section
5. 343.03 (3) (br) of the statutes is created to read:
SB222,6,221
343.03
(3) (br)
Ignition interlock restricted license. A license issued under s.
22343.105 authorizing only the operation of motor vehicles that are equipped with a
23functioning ignition interlock device that is approved by the department shall be
24labeled "Ignition Interlock Restricted License." An ignition interlock restricted
1license may be subject to restrictions in addition to those provided in s. 343.105,
2including the attachment of a special restrictions card as provided in s. 343.17 (4).
SB222,6
3Section
6. 343.10 (1) (a) of the statutes is amended to read:
SB222,6,144
343.10
(1) (a)
If Except as provided in par. (c), if a person's license or operating
5privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q),
6943.21 (3m), or 961.50 and if the person is engaged in an occupation, including
7homemaking or full-time or part-time study, or a trade making it essential that he
8or she operate a motor vehicle, the person, after payment of the fee provided in sub.
9(6), may file an application with the department setting forth in detail the need for
10operating a motor vehicle. No person may file more than one application with respect
11to each revocation or suspension of the person's license or operating privilege under
12this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this
13limitation does not apply to an application to amend an occupational license
14restriction.
SB222,7
15Section
7. 343.10 (1) (c) of the statutes is created to read:
SB222,6,1916
343.10
(1) (c) 1. Except as provided in subd. 2., a person whose license is
17suspended or revoked for an offense counted under s. 343.307 (1) is not eligible for
18an occupational license under this section, but may apply for an ignition interlock
19restricted license under s. 343.105.
SB222,7,220
2. A person whose operating privilege is revoked for a first violation of s. 346.63
21(1) or a local ordinance in conformity with that section and who had an alcohol
22concentration below 0.15 at the time of the offense, a person whose operating
23privilege is suspended under s. 343.305 (7), and a person who receives a notice of
24intent to revoke under s. 343.305 (9) may be eligible for an occupational license under
25this section or an ignition interlock restricted license under s. 343.105. No person
1may apply for or hold a license under this section and a license under s. 343.105 at
2the same time. Waiting periods for a license under this section are as follows:
SB222,7,53
a. A person whose operating privilege is suspended under s. 343.305 (7) may
4be eligible for an occupational license under this section after 45 days have elapsed
5from the date of his or her arrest.
SB222,7,96
b. 1. A person whose operating privilege is revoked for an improper refusal
7under s. 343.305 (9) may be eligible for an occupational license under this section
8after 45 days have elapsed from the date he or she received a notice of intent to
9revoke, except as provided in subd. 2. or 3.
SB222,7,1310
2. Except as provided in subd. 3., if the number of convictions, suspensions, and
11revocations counted under s. 343.307 (2) equals 2, the person may be eligible for an
12occupational license under this section after 90 days have elapsed from the date he
13or she received a notice of intent to revoke.
SB222,7,1714
3. If the number of convictions, suspensions, and revocations counted under s.
15343.307 (2) equals 3 or more, the person may be eligible for an occupational license
16under this section after 120 days have elapsed from the date he or she received a
17notice of intent to revoke.
SB222,8
18Section
8. 343.10 (2) (a) (intro.) of the statutes is amended to read:
SB222,7,2119
343.10
(2) (a) (intro.) Except as provided in pars. (b) to
(f) (dm), and subject to
20s. 343.165 (5), a person is eligible for an occupational license if the following
21conditions are satisfied:
SB222,9
22Section
9. 343.10 (2) (e) of the statutes is renumbered 343.105 (1) (e) 1. and
23amended to read:
SB222,8,324
343.105
(1) (e) 1.
If Except as provided in subd. 2., if the court orders a person
25to submit to and comply with an assessment and driver safety plan and if the person
1has 2 or more prior convictions, suspensions or revocations, as counted under s.
2343.307 (1), no
occupational license
under this section may be granted until the
3person has completed the assessment and is complying with the driver safety plan.
SB222,10
4Section
10. 343.10 (2) (f) of the statutes is renumbered 343.105 (1) (f) and
5amended to read:
SB222,8,116
343.105
(1) (f) If
the court orders under
, pursuant to s. 343.301 (1g)
that the,
7a person's operating privilege for the operation of
"Class D" motor vehicles
be is 8restricted to operating vehicles that are equipped with an ignition interlock device,
9no
occupational license may be granted
under this section until the person pays the
10surcharge under s. 343.301 (5)
and submits proof that an ignition interlock device
11has been installed in each motor vehicle to which the order under s. 343.301 applies.
SB222,11
12Section
11. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a).
SB222,12
13Section
12. 343.10 (5) (a) 2. and 3. of the statutes are repealed.
SB222,13
14Section
13. 343.10 (5) (b) of the statutes is amended to read:
SB222,8,1715
343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
16specified in ss. 343.30 (1q) (b) and (h),
343.305 (8) (d) and (10) (b) and (em), 343.31
17(3m), 343.32 (1m), 767.73 and 961.50.
SB222,14
18Section
14. 343.10 (7) (cm) of the statutes is repealed.
SB222,15
19Section
15. 343.105 of the statutes is created to read:
SB222,8,24
20343.105 Ignition interlock restricted licenses. (1) Application for
21ignition interlock restricted license. (a) If a person's license or operating privilege
22is administratively suspended under s. 343.305 or is revoked for an offense counted
23under s. 343.307 (1), the person may file an application with the department for a
24license under this section at any time.
SB222,9,5
1(b) The application shall be in a form established by the department and shall
2include proof that at least one motor vehicle operated by the person has been
3equipped with an ignition interlock device. The application shall include proof of
4financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles
5that the applicant requests authorization to operate.
SB222,9,76
(c) The person is eligible to receive a license, if he or she meets the criteria set
7forth in par. (b), under this section as follows:
SB222,9,98
1. Pursuant to subd. 2. and except as provided in subds. 3. to 7., immediately
9upon suspension or revocation of his or her operating privilege.
SB222,9,1210
2. Immediately after the person receives notice of suspension of his or her
11operating privilege under s. 343.305 (7) if he or she does not request an
12administrative review under s. 343.305 (8).
SB222,9,1413
3. Fifteen days after a notice to revoke is issued under s. 343.305 (9) if the
14person does not request a hearing on the revocation.
SB222,9,1615
4. Thirty days following the final determination that sustains a suspension
16after an administrative review under s. 343.305 (8).
SB222,9,1817
5. Thirty days following the final determination that imposes or sustains a
18revocation under s. 343.305 (10) (b) 2.
SB222,9,2019
6. Ninety days following the final determination that imposes or sustains a
20revocation under s. 343.305 (10) (b) 3.
SB222,9,2221
7. One hundred twenty days following the final determination that imposes or
22sustains a revocation under s. 343.305 (10) (b) 4.
SB222,9,25
23(1m) Petition for ignition interlock restricted license. (a) A person whose
24application for a license under sub. (1) is denied in whole or in part may file a petition
25with the clerk of the circuit court in the county in which the person resides for an
1order authorizing the issuance of an ignition interlock restricted license to the
2person. No person may file a petition under this paragraph unless he or she first pays
3the fee specified in s. 814.61 (14) to the clerk of the circuit court. The person's petition
4shall include a copy of the person's current operating record under s. 343.23 (2) and
5the reasons why the person should be granted an ignition interlock restricted license.
6The court shall consider the number and seriousness of prior traffic convictions in
7determining whether to grant the petition and shall state, in writing, its reasons for
8granting or denying the petition. No person may file more than one petition with
9respect to a denial of an application for a license under sub. (1).