AB482,75
15Section
75. 146.997 (1) (d) 18. of the statutes is amended to read:
AB482,54,1616
146.997
(1) (d) 18. A hospice licensed under subch.
VI VII of ch. 50.
AB482,76
17Section
76. 289.33 (3) (d) of the statutes is amended to read:
AB482,55,1018
289.33
(3) (d) “Local approval" includes any requirement for a permit, license,
19authorization, approval, variance or exception or any restriction, condition of
20approval or other restriction, regulation, requirement or prohibition imposed by a
21charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
22a town, city, village, county or special purpose district, including without limitation
23because of enumeration any ordinance, resolution or regulation adopted under s.
2491.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
25(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
1(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
2(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
3(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25)
(a), and (26), 59.55 (3),
4(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
559.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
6(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
7and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
861.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
987.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
10of ch. 91.
AB482,77
11Section
77. 340.01 (50m) (a) of the statutes is amended to read:
AB482,55,1312
340.01
(50m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB482,78
14Section
78. 340.01 (50m) (e) of the statutes is repealed.
AB482,79
15Section
79. 340.01 (66m) of the statutes is created to read:
AB482,55,1716
340.01
(66m) “Tetrahydrocannabinols concentration" has the meaning given
17in s. 23.33 (1) (k).
AB482,80
18Section
80. 343.10 (5) (a) 1. of the statutes is amended to read:
AB482,56,519
343.10
(5) (a) 1. In addition to any restrictions appearing on the former
20operator's license of the applicant, the occupational license shall contain definite
21restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
22type of occupation and areas or routes of travel which are permitted under the
23license. The occupational license may permit travel to and from church during
24specified hours if the travel does not exceed the restrictions as to hours of the day and
25hours per week in this subdivision. The occupational license may permit travel
1necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
2if the travel does not exceed the restrictions as to hours of the day and hours per week
3in this subdivision. The occupational license may contain restrictions on the use of
4alcohol
, of tetracannabinols, and of controlled substances and controlled substance
5analogs in violation of s. 961.41.
AB482,81
6Section
81. 343.10 (5) (a) 2. of the statutes is amended to read:
AB482,56,117
343.10
(5) (a) 2. If the applicant has 2 or more convictions, suspensions or
8revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
9the applicant from driving or operating a motor vehicle while he or she has an alcohol
10concentration of more than 0.0
or a tetrahydrocannabinols concentration of more
11than 0.0.
AB482,82
12Section
82. 343.12 (7) (a) 11. of the statutes is amended to read:
AB482,56,1513
343.12
(7) (a) 11. Operating a motor vehicle while under the legal drinking age
14with a prohibited alcohol concentration under s. 346.63 (2m)
or while under the legal
15age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p).
AB482,83
16Section
83. 343.16 (2) (b) of the statutes is amended to read:
AB482,57,1517
343.16
(2) (b)
Specific requirements. The standards developed by the
18department under par. (c) shall provide that the examination for persons making
19their first application for an operator's license shall include, subject to sub. (3) (am),
20a test of the applicant's eyesight, ability to read and understand highway signs
21regulating, warning and directing traffic, knowledge of the traffic laws, including ss.
22346.072 and 346.26, understanding of fuel-efficient driving habits and the relative
23costs and availability of other modes of transportation, knowledge of the need for
24anatomical gifts and the ability to make an anatomical gift through the use of a donor
25card issued under s. 343.175 (2), and an actual demonstration of ability to exercise
1ordinary and reasonable control in the operation of a motor vehicle. The test of
2knowledge of the traffic laws shall include questions on the provisions of ss. 343.30
3(1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor
4vehicle and the consumption of alcohol beverages
and tetrahydrocannabinols. The
5test of knowledge may also include questions on the social, medical and economic
6effects of alcohol and other drug abuse. The examination of applicants for
7authorization to operate `Class M' vehicles shall test an applicant's knowledge of
8Type 1 motorcycle safety, including proper eye protection to be worn during hours of
9darkness. The department may require persons changing their residence to this
10state from another jurisdiction and persons applying for a reinstated license after
11termination of a revocation period to take all or parts of the examination required
12of persons making their first application for an operator's license. Any applicant who
13is required to give an actual demonstration of ability to exercise ordinary and
14reasonable control in the operation of a motor vehicle shall furnish a representative
15vehicle in safe operating condition for use in testing ability.
AB482,84
16Section
84. 343.16 (5) (a) of the statutes is amended to read:
AB482,58,1517
343.16
(5) (a) The secretary may require any applicant for a license or any
18licensed operator to submit to a special examination by such persons or agencies as
19the secretary may direct to determine incompetency, physical or mental disability,
20disease, or any other condition that might prevent such applicant or licensed person
21from exercising reasonable and ordinary control over a motor vehicle. If the
22department requires the applicant to submit to an examination, the applicant shall
23pay for the examination. If the department receives an application for a renewal or
24duplicate license after voluntary surrender under s. 343.265 or receives a report from
25a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
1prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
2department has a report of 2 or more arrests within a one-year period for any
3combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
4s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
5in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
6s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
7vehicle, the department shall determine, by interview or otherwise, whether the
8operator should submit to an examination under this section. The examination may
9consist of an assessment. If the examination indicates that education or treatment
10for a disability, disease
, or condition concerning the use of alcohol, a controlled
11substance or a controlled substance analog
, or tetrahydrocannabinols is appropriate,
12the department may order a driver safety plan in accordance with s. 343.30 (1q). If
13there is noncompliance with assessment or the driver safety plan, the department
14shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
15(d).
AB482,85
16Section
85. 343.30 (1p) of the statutes is amended to read:
AB482,58,2317
343.30
(1p) Notwithstanding sub. (1), a court shall suspend the operating
18privilege of a person for 3 months upon the person's conviction by the court for
19violation of s. 346.63 (2m)
or (2p) or a local ordinance in conformity with s. 346.63
20(2m)
or (2p). If there was a minor passenger under 16 years of age in the motor
21vehicle at the time of the violation that gave rise to the conviction under s. 346.63
22(2m)
or (2p) or a local ordinance in conformity with s. 346.63 (2m)
or (2p), the court
23shall suspend the operating privilege of the person for 6 months.
AB482,86
24Section
86. 343.30 (1q) (h) of the statutes is amended to read:
AB482,59,10
1343.30
(1q) (h) The court or department shall provide that the period of
2suspension or revocation imposed under this subsection shall be reduced by any
3period of suspension or revocation previously served under s. 343.305 if the
4suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
5(1)
or, (2m)
, or (2p) or a local ordinance in conformity therewith arise out of the same
6incident or occurrence. The court or department shall order that the period of
7suspension or revocation imposed under this subsection run concurrently with any
8period of time remaining on a suspension or revocation imposed under s. 343.305
9arising out of the same incident or occurrence. The court may modify an occupational
10license authorized under s. 343.305 (8) (d) in accordance with this subsection.
AB482,87
11Section
87. 343.305 (2) of the statutes is amended to read:
AB482,59,2512
343.305
(2) Implied consent. Any person who is on duty time with respect to
13a commercial motor vehicle or drives or operates a motor vehicle upon the public
14highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
15given consent to one or more tests of his or her breath, blood or urine, for the purpose
16of determining the presence or quantity in his or her blood or breath, of alcohol,
17tetrahydrocannabinols, controlled substances, controlled substance analogs or other
18drugs, or any combination of alcohol,
tetrahydrocannabinols, controlled substances,
19controlled substance analogs and other drugs, when requested to do so by a law
20enforcement officer under sub. (3) (a) or (am) or when required to do so under sub.
21(3) (ar) or (b). Any such tests shall be administered upon the request of a law
22enforcement officer. The law enforcement agency by which the officer is employed
23shall be prepared to administer, either at its agency or any other agency or facility,
242 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests
25shall be administered first.
AB482,88
1Section
88. 343.305 (3) (a) of the statutes is amended to read:
AB482,60,82
343.305
(3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m)
, (2p), 3or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2)
4or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
5arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
6the person to provide one or more samples of his or her breath, blood or urine for the
7purpose specified under sub. (2). Compliance with a request for one type of sample
8does not bar a subsequent request for a different type of sample.
AB482,89
9Section
89. 343.305 (3) (am) of the statutes is amended to read:
AB482,60,1910
343.305
(3) (am) Prior to arrest, a law enforcement officer may request the
11person to provide one or more samples of his or her breath, blood or urine for the
12purpose specified under sub. (2) whenever a law enforcement officer detects any
13presence of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
14substance analog or other drug, or a combination thereof, on a person driving or
15operating or on duty time with respect to a commercial motor vehicle or has reason
16to believe the person is violating or has violated s. 346.63 (7). Compliance with a
17request for one type of sample does not bar a subsequent request for a different type
18of sample. For the purposes of this paragraph, “law enforcement officer" includes
19inspectors in the performance of duties under s. 110.07 (3).
AB482,90
20Section
90. 343.305 (3) (ar) 1. of the statutes is amended to read:
AB482,61,721
343.305
(3) (ar) 1. If a person is the operator of a vehicle that is involved in an
22accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any
23person, and a law enforcement officer detects any presence of alcohol,
24tetrahydrocannabinols, a controlled substance, a controlled substance analog or
25other drug, or a combination thereof, the law enforcement officer may request the
1operator to provide one or more samples of his or her breath, blood, or urine for the
2purpose specified under sub. (2). Compliance with a request for one type of sample
3does not bar a subsequent request for a different type of sample. A person who is
4unconscious or otherwise not capable of withdrawing consent is presumed not to
5have withdrawn consent under this subdivision and one or more samples specified
6in par. (a) or (am) may be administered to the person. If a person refuses to take a
7test under this subdivision, he or she may be arrested under par. (a).
AB482,91
8Section
91. 343.305 (3) (b) of the statutes is amended to read:
AB482,61,189
343.305
(3) (b) A person who is unconscious or otherwise not capable of
10withdrawing consent is presumed not to have withdrawn consent under this
11subsection, and if a law enforcement officer has probable cause to believe that the
12person has violated s. 346.63 (1), (2m)
, (2p), or (5) or a local ordinance in conformity
13therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
14use of a vehicle, or detects any presence of alcohol,
tetrahydrocannabinols, controlled
15substance, controlled substance analog or other drug, or a combination thereof, on
16a person driving or operating or on duty time with respect to a commercial motor
17vehicle or has reason to believe the person has violated s. 346.63 (7), one or more
18samples specified in par. (a) or (am) may be administered to the person.
AB482,92
19Section
92. 343.305 (5) (b) of the statutes is amended to read:
AB482,62,420
343.305
(5) (b) Blood may be withdrawn from the person arrested for violation
21of s. 346.63 (1), (2), (2m),
(2p), (5), or (6) or 940.25, or s. 940.09 where the offense
22involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
23(2m),
(2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
24quantity of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
25substance analog, or any other drug, or any combination of alcohol, controlled
1substance, controlled substance analog, and any other drug in the blood only by a
2physician, registered nurse, medical technologist, physician assistant, phlebotomist,
3or other medical professional who is authorized to draw blood, or person acting under
4the direction of a physician.
AB482,93
5Section
93. 343.305 (5) (d) of the statutes is amended to read:
AB482,63,36
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
7out of the acts committed by a person alleged to have been driving or operating a
8motor vehicle while under the influence of an intoxicant, a controlled substance, a
9controlled substance analog or any other drug, or under the influence of any
10combination of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
11substance analog and any other drug, to a degree which renders him or her incapable
12of safely driving, or under the combined influence of an intoxicant and any other drug
13to a degree which renders him or her incapable of safely driving, or having a
14prohibited alcohol
or tetrahydrocannabinols concentration, or alleged to have been
15driving or operating or on duty time with respect to a commercial motor vehicle while
16having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
17regardless of its alcohol content, or within 4 hours of having consumed or having been
18under the influence of an intoxicating beverage, regardless of its alcohol content, or
19of having an alcohol concentration of 0.04 or more, the results of a test administered
20in accordance with this section are admissible on the issue of whether the person was
21under the influence of an intoxicant, a controlled substance, a controlled substance
22analog or any other drug, or under the influence of any combination of alcohol,
23tetrahydrocannabinols, a controlled substance, a controlled substance analog and
24any other drug, to a degree which renders him or her incapable of safely driving or
25under the combined influence of an intoxicant and any other drug to a degree which
1renders him or her incapable of safely driving or any issue relating to the person's
2alcohol concentration. Test results shall be given the effect required under s.
3885.235.
AB482,94
4Section
94. 343.305 (5) (dm) of the statutes is created to read:
AB482,63,105
343.305
(5) (dm) At the trial of any civil or criminal action or proceeding arising
6out of the acts committed by a person alleged to have been driving or operating a
7motor vehicle while having a tetrahydrocannabinols concentration at or above
8specified levels, the results of a blood test administered in accordance with this
9section are admissible on any issue relating to the tetrahydrocannabinols
10concentration. Test results shall be given the effect required under s. 885.235.
AB482,95
11Section
95. 343.305 (7) (a) of the statutes is amended to read:
AB482,63,1712
343.305
(7) (a) If a person submits to chemical testing administered in
13accordance with this section and any test results indicate the presence of a detectable
14amount of a restricted controlled substance in the person's blood or a prohibited
15alcohol
or tetrahydrocannabinols concentration, the law enforcement officer shall
16report the results to the department. The person's operating privilege is
17administratively suspended for 6 months.
AB482,96
18Section
96. 343.305 (8) (b) 2. bm. of the statutes is amended to read:
AB482,63,2119
343.305
(8) (b) 2. bm. Whether the person had a prohibited alcohol
or
20tetrahydrocannabinols concentration or a detectable amount of a restricted
21controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,97
22Section
97. 343.305 (8) (b) 2. d. of the statutes is amended to read:
AB482,64,223
343.305
(8) (b) 2. d. If one or more tests were administered in accordance with
24this section, whether each of the test results for those tests indicate the person had
1a prohibited alcohol
or tetrahydrocannabinols concentration or a detectable amount
2of a restricted controlled substance in his or her blood.
AB482,98
3Section
98. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB482,64,84
343.305
(8) (b) 4m. a. A blood test administered in accordance with this section
5indicated that the person had a detectable amount of methamphetamine
, or 6gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol or a prohibited
7tetrahydrocannabinols concentration but did not have a detectable amount of any
8other restricted controlled substance in his or her blood.
AB482,99
9Section
99. 343.305 (8) (b) 5. b. of the statutes is amended to read:
AB482,64,1210
343.305
(8) (b) 5. b. The person did not have a prohibited alcohol
or
11tetrahydrocannabinols concentration or a detectable amount of a restricted
12controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,100
13Section
100. 343.305 (8) (b) 6. b. of the statutes is amended to read:
AB482,64,1614
343.305
(8) (b) 6. b. The person had a prohibited alcohol
or
15tetrahydrocannabinols concentration or a detectable amount of a restricted
16controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,101
17Section
101. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB482,65,518
343.305
(9) (a) 5. a. Whether the officer had probable cause to believe the
19person was driving or operating a motor vehicle while under the influence of alcohol,
20tetrahydrocannabinols, a controlled substance or a controlled substance analog or
21any combination of alcohol,
tetrahydrocannabinols, a controlled substance and a
22controlled substance analog, under the influence of any other drug to a degree which
23renders the person incapable of safely driving, or under the combined influence of
24alcohol and any other drug to a degree which renders the person incapable of safely
25driving, having a restricted controlled substance in his or her blood, or having a
1prohibited alcohol
or tetrahydrocannabinols concentration or, if the person was
2driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or
3more and whether the person was lawfully placed under arrest for violation of s.
4346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
5(6), 940.09 (1) or 940.25.
AB482,102
6Section
102. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB482,65,107
343.305
(9) (am) 5. a. Whether the officer detected any presence of alcohol,
8tetrahydrocannabinols, controlled substance, controlled substance analog or other
9drug, or a combination thereof, on the person or had reason to believe that the person
10was violating or had violated s. 346.63 (7).
AB482,103
11Section
103. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB482,65,1712
343.305
(9) (am) 5. c. Whether the person refused to permit the test. The person
13shall not be considered to have refused the test if it is shown by a preponderance of
14evidence that the refusal was due to a physical inability to submit to the test due to
15a physical disability or disease unrelated to the use of alcohol,
16tetrahydrocannabinols, controlled substances, controlled substance analogs or other
17drugs.
AB482,104
18Section
104. 343.305 (9) (d) of the statutes is amended to read:
AB482,66,219
343.305
(9) (d) At the close of the hearing, or within 5 days thereafter, the court
20shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
21adversely to the person, the court shall proceed under sub. (10). If one or more of the
22issues is determined favorably to the person, the court shall order that no action be
23taken on the operating privilege on account of the person's refusal to take the test in
24question. This section does not preclude the prosecution of the person for violation
1of s. 346.63 (1), (2m),
(2p), (5) or (7) or a local ordinance in conformity therewith, or
2s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB482,105
3Section
105. 343.305 (10) (em) of the statutes is amended to read:
AB482,66,144
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
5intoxication regarding a person arrested for a violation of s. 346.63 (2m)
, (2p), or (7)
6or a local ordinance in conformity therewith is revocation of the person's operating
7privilege for 6 months. If there was a minor passenger under 16 years of age in the
8motor vehicle at the time of the incident that gave rise to the improper refusal, the
9revocation period is 12 months. After the first 15 days of the revocation period, the
10person is eligible for an occupational license under s. 343.10. Any such improper
11refusal or revocation for the refusal does not count as a prior refusal or a prior
12revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
13shall not be required to submit to and comply with any assessment or driver safety
14plan under pars. (c) and (d).
AB482,106
15Section
106. 343.307 (1) (d) of the statutes is amended to read:
AB482,66,2316
343.307
(1) (d) Convictions under the law of another jurisdiction that prohibits
17a person from refusing chemical testing or using a motor vehicle while intoxicated
18or under the influence of a controlled substance or controlled substance analog, or
19a combination thereof; with an excess or specified range of alcohol
or
20tetrahydrocannabinols concentration; while under the influence of any drug to a
21degree that renders the person incapable of safely driving; or while having a
22detectable amount of a restricted controlled substance in his or her blood, as those
23or substantially similar terms are used in that jurisdiction's laws.
AB482,107
24Section
107. 343.307 (2) (e) of the statutes is amended to read:
AB482,67,8
1343.307
(2) (e) Convictions under the law of another jurisdiction that prohibits
2a person from refusing chemical testing or using a motor vehicle while intoxicated
3or under the influence of a controlled substance or controlled substance analog, or
4a combination thereof; with an excess or specified range of alcohol
or
5tetrahydrocannabinols concentration; while under the influence of any drug to a
6degree that renders the person incapable of safely driving; or while having a
7detectable amount of a restricted controlled substance in his or her blood, as those
8or substantially similar terms are used in that jurisdiction's laws.
AB482,108
9Section
108. 343.31 (1) (am) of the statutes is amended to read:
AB482,67,1810
343.31
(1) (am) Injury by the operation of a vehicle while under the influence
11of an intoxicant,
tetrahydrocannabinols, a controlled substance or a controlled
12substance analog, or any combination of an intoxicant,
tetrahydrocannabinols, a
13controlled substance and a controlled substance analog, under the influence of any
14other drug to a degree which renders him or her incapable of safely driving, or under
15the combined influence of an intoxicant and any other drug to a degree which renders
16him or her incapable of safely driving or while the person has a detectable amount
17of a restricted controlled substance in his or her blood or has a prohibited alcohol
or
18tetrahydrocannabinols concentration and which is criminal under s. 346.63 (2).
AB482,109
19Section
109. 343.31 (2) of the statutes is amended to read:
AB482,68,920
343.31
(2) The department shall revoke the operating privilege of any resident
21upon receiving notice of the conviction of such person in another jurisdiction for an
22offense therein which, if committed in this state, would have been cause for
23revocation under this section or for revocation under s. 343.30 (1q). Such offenses
24shall include violation of any law of another jurisdiction that prohibits a person from
25using a motor vehicle while intoxicated or under the influence of a controlled
1substance or controlled substance analog, or a combination thereof; with an excess
2or specified range of alcohol
or tetrahydrocannabinols concentration; while under
3the influence of any drug to a degree that renders the person incapable of safely
4driving; or while having a detectable amount of a restricted controlled substance in
5his or her blood, as those or substantially similar terms are used in that jurisdiction's
6laws. Upon receiving similar notice with respect to a nonresident, the department
7shall revoke the privilege of the nonresident to operate a motor vehicle in this state.
8Such revocation shall not apply to the operation of a commercial motor vehicle by a
9nonresident who holds a valid commercial driver license issued by another state.
AB482,110
10Section
110. 343.315 (2) (a) 2. of the statutes is amended to read:
AB482,68,1711
343.315
(2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
12conformity therewith or a law of a federally recognized American Indian tribe or
13band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another
14jurisdiction prohibiting driving or operating a commercial motor vehicle while the
15person's alcohol concentration is 0.04 or more or with an excess or specified range of
16alcohol
or tetrahydrocannabinols concentration, as those or substantially similar
17terms are used in that jurisdiction's laws.
AB482,111
18Section
111. 343.315 (2) (a) 5. of the statutes is amended to read:
AB482,69,219
343.315
(2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
20therewith or a law of a federally recognized American Indian tribe or band in this
21state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
22prohibiting refusal of a person driving or operating a motor vehicle to submit to
23chemical testing to determine the person's alcohol
or tetrahydrocannabinols 24concentration or intoxication or the amount of a restricted controlled substance in
1the person's blood, or prohibiting positive results from such chemical testing, as
2those or substantially similar terms are used in that jurisdiction's laws.
AB482,112
3Section
112. 343.315 (2) (a) 6. of the statutes is amended to read:
AB482,69,144
343.315
(2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
5federally recognized American Indian tribe or band in this state in conformity with
6s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
7causing or inflicting injury, great bodily harm or death through use of a motor vehicle
8while intoxicated or under the influence of alcohol,
tetrahydrocannabinols, a
9controlled substance, a controlled substance analog or a combination thereof, or with
10an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
11or tetrahydrocannabinols concentration, while under the influence of any drug to a
12degree that renders the person incapable of safely driving, or while having a
13detectable amount of a restricted controlled substance in the person's blood, as those
14or substantially similar terms are used in that jurisdiction's laws.
AB482,113
15Section
113. 343.315 (2) (bm) 2. of the statutes is amended to read:
AB482,69,1816
343.315
(2) (bm) 2. The offense relates to a vehicle operator's alcohol
or
17tetrahydrocannabinols concentration or intoxication or the amount of a restricted
18controlled substance in the operator's blood.
AB482,114
19Section
114. 343.32 (2) (bj) of the statutes is amended to read:
AB482,69,2420
343.32
(2) (bj) The scale adopted by the secretary shall assess, for each
21conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
22violation of s. 346.63 (2m)
or (2p), and 3 demerit points for a violation of s. 346.63 (7)
23(a) 3. The scale adopted by the secretary shall not assess any demerit points for
24conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
AB482,115
25Section
115. 344.576 (2) (b) of the statutes is amended to read:
AB482,70,4
1344.576
(2) (b) The damage occurs while the renter or authorized driver
2operates the private passenger vehicle in this state while under the influence of an
3intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b)
or, (2m)
, or
4(2p).
AB482,116
5Section
116. 346.63 (1) (b) of the statutes is amended to read:
AB482,70,76
346.63
(1) (b) The person has a prohibited alcohol
or tetrahydrocannabinols 7concentration.
AB482,117
8Section
117. 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
9amended to read:
AB482,70,1610
346.63
(1) (d) 1. In an action under par. (am) that is based on the defendant
11allegedly having a detectable amount of methamphetamine
, or 12gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
16acid
, or.
AB482,70,21
172. In an action under par. (b) that is based on the defendant allegedly having
18a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
19or she proves by a preponderance of the evidence that at the time of the incident or
20occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol
or
21he or she was a qualifying patient, as defined in s. 50.80 (6).
AB482,118
22Section
118. 346.63 (2) (a) 2. of the statutes is amended to read:
AB482,70,2423
346.63
(2) (a) 2. The person has a prohibited alcohol
or tetrahydrocannabinols 24concentration.
AB482,119
25Section
119. 346.63 (2) (b) 1. of the statutes is amended to read: