SB150,13,1513
(c) The license may contain any restrictions on the person's license that were
14in effect at the time the person was arrested for the violation that resulted in the
15suspension or revocation.
SB150,13,17
16(3) Fee. No person may file an application for a license under sub. (1) unless
17he or she first pays to the department the fees specified in s. 343.21 (1) (k) and (n).
SB150,13,21
18(4) Department to issue ignition interlock restricted license. (a) The
19department shall issue an ignition interlock restricted license to a person as soon as
20practicable upon receipt of an application and the proof required under sub. (1) (b)
21to the department.
SB150,14,222
(b) A license issued by the department under this section shall be in the form
23of a license that includes a photograph described in s. 343.14 (3) unless the exception
24under s. 343.14 (3m) applies. The license shall clearly indicate that restrictions on
25a special restrictions card apply and that the special restrictions card is part of the
1person's license. The ignition interlock restricted license issued by the department
2shall contain the limitations required by sub. (2).
SB150,14,153
(c) The expiration date of the ignition interlock restricted license is the date of
4termination of the period of revocation or suspension as provided by law, except that
5if the person's license expires pursuant to s. 343.20 (1m) on an earlier date, the
6ignition interlock restricted license also expires on that date. The expiration date of
7the ignition interlock restricted license may be extended to the date of termination
8of the period of any subsequent revocation or suspension arising from the same
9incident or occurrence. The license may be revoked, suspended, or canceled before
10its expiration. An ignition interlock restricted license is not renewable when it
11expires. If an ignition interlock restricted license expires and is not revoked,
12suspended, or canceled, the licensee may obtain a new license upon that expiration
13but only if he or she complies with the conditions specified in s. 343.38. Revocation,
14suspension, or cancellation of an ignition interlock restricted license has the same
15effect as revocation, suspension, or cancellation of any other license.
SB150,14,20
16(5) Notice. The department shall inform a person whose operating privilege
17is revoked or suspended under s. 343.305 of his or her right to either waive an
18administrative review of the suspension or revocation and apply to the department
19for issuance of an ignition interlock restricted license under this section or to apply,
20after any applicable waiting period, for an occupational license under s. 343.10.
SB150,21
21Section 21
. 343.105 (1) (d) of the statutes is created to read:
SB150,14,2422
343.105
(1) (d) A person whose operating privilege is suspended or revoked
23under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for a license under this
24section.
SB150,22
25Section 22
. 343.105 (1) (e) 2. of the statutes is created to read:
SB150,15,7
1343.105
(1) (e) 2. If a person has installed a functioning ignition interlock
2device that is approved by the department prior to his or her conviction and the court
3orders a person to submit to and comply with an assessment and driver safety plan,
4the person shall complete the assessment and comply with the driver safety plan
5within 15 days after his or her conviction. If a person fails to comply with this
6subdivision, his or her operating privileges are restricted under s. 343.301 (1g) for
76 months in addition to the time specified under s. 343.301 (2m).
SB150,23
8Section
23. 343.165 (5) of the statutes is amended to read:
SB150,15,159
343.165
(5) The department may, by rule, require that applications for
10reinstatement of operator's licenses or identification cards, issuance of occupational
11licenses
or ignition interlock restricted licenses, reissuance of operator's licenses, or
12issuance of duplicate operator's licenses or identification cards be processed in a
13manner consistent with the requirements established under this section for
14applications for initial issuance or renewal of operator's licenses and identification
15cards.
SB150,24
16Section 24
. 343.21 (1) (k) of the statutes is amended to read:
SB150,15,1817
343.21
(1) (k) For an occupational license,
$40 $90, and for an ignition interlock
18restricted license, $90.
SB150,25
19Section 25
. 343.28 (1) of the statutes is amended to read:
SB150,16,1020
343.28
(1) Whenever a person is convicted of a moving traffic violation under
21chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
22in which the conviction occurred, or the justice, judge or magistrate of a court not
23having a clerk, shall, as provided in s. 345.48, forward to the department the record
24of such conviction. The record of conviction forwarded to the department shall state
25whether the offender was involved in an accident at the time of the offense, whether
1the offender was operating a commercial motor vehicle at the time of the offense and,
2if so, whether the offender was transporting hazardous materials requiring
3placarding or any quantity of a material listed as a select agent or toxin under
42 CFR
473, or was operating a vehicle designed to carry, or actually carrying, 16 or more
5passengers, including the driver.
Whenever a person is convicted of an offense that
6may be counted under s. 343.307 (2), the court shall include in the record of conviction
7forwarded to the department the offender's alcohol concentration at the time of the
8offense, if this information is known to the court. Whenever a person is convicted of
9exceeding a posted speed limit, the record of conviction forwarded to the department
10shall include the number of miles per hour in excess of the posted speed limit.
SB150,26
11Section 26
. 343.30 (1q) (b) 2. of the statutes is amended to read:
SB150,16,2012
343.30
(1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
13first conviction, the court shall revoke the person's operating privilege for not less
14than 6 months nor more than 9 months.
The If, pursuant to s. 343.301, the person
15is not restricted to operating a motor vehicle that is equipped with an ignition
16interlock device, the person is eligible for an occupational license under s. 343.10
at
17any time 45 days after the date of conviction. The person may apply for an ignition
18interlock restricted license under s. 343.105 immediately upon receiving notice of
19revocation, but he or she may not apply for both an occupational license and an
20ignition interlock restricted license.
SB150,27
21Section 27
. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB150,17,622
343.30
(1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
23of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
24number of other convictions, suspensions, and revocations counted under s. 343.307
25(1) within a 10-year period, equals 2, the court shall revoke the person's operating
1privilege for not less than one year nor more than 18 months.
After the first 45 days
2of the revocation period has elapsed, the person is eligible for an occupational license
3under s. 343.10 if he or she has completed the assessment and is complying with the
4driver safety plan ordered under par. (c). The person may apply for an ignition
5interlock restricted license under s. 343.105 immediately upon receiving notice of
6revocation.
SB150,28
7Section 28
. 343.30 (1q) (b) 4. of the statutes is amended to read:
SB150,17,168
343.30
(1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number
9of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
10number of other convictions, suspensions, and revocations counted under s. 343.307
11(1), equals 3 or more, the court shall revoke the person's operating privilege for not
12less than 2 years nor more than 3 years.
After the first 45 days of the revocation
13period has elapsed, the person is eligible for an occupational license under s. 343.10
14if he or she has completed the assessment and is complying with the driver safety
15plan ordered under par. (c). The person may apply for an ignition interlock restricted
16license under s. 343.105 immediately upon receiving notice of revocation.
SB150,29
17Section 29
. 343.30 (1q) (h) of the statutes is amended to read:
SB150,18,318
343.30
(1q) (h) The court or department shall provide that the period of
19suspension or revocation imposed under this subsection shall be reduced by any
20period of suspension or revocation previously served under s. 343.305 if the
21suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
22(1) or (2m) or a local ordinance in conformity therewith arise out of the same incident
23or occurrence. The court or department shall order that the period of suspension or
24revocation imposed under this subsection run concurrently with any period of time
25remaining on a suspension or revocation imposed under s. 343.305 arising out of the
1same incident or occurrence. The court
or department may modify an
occupational 2ignition interlock restricted license
authorized under s. 343.305 (8) (d) in accordance
3with this subsection.
SB150,30
4Section 30
. 343.301 (title) of the statutes is amended to read:
SB150,18,6
5343.301 (title)
Installation of ignition Ignition interlock device
6required.
SB150,31
7Section 31
. 343.301 (1g) (a) of the statutes is renumbered 343.301 (1g), and
8343.301 (1g) (intro.) and (b) 2., as renumbered, are amended to read:
SB150,18,129
343.301
(1g) (intro.) A
court shall enter an order under par. (am) person's
10operating privilege is restricted to operating vehicles that are equipped with a
11functioning ignition interlock device that is approved by the department if either of
12the following applies:
SB150,18,1613
(b) 2. The person has a total of one or more prior convictions, suspensions, or
14revocations
, counting convictions under ss. 940.09 (1) and 940.25 in the person's
15lifetime and other convictions, suspensions, and revocations counted under s.
16343.307 (1).
SB150,32
17Section 32
. 343.301 (1g) (am) of the statutes is repealed.
SB150,33
18Section 33
. 343.301 (1m) of the statutes is repealed.
SB150,34
19Section
34. 343.301 (2m) of the statutes is repealed and recreated to read:
SB150,19,820
343.301
(2m) Beginning on the date a person's operating privilege is revoked
21pursuant to s. 343.30, 343.305 (10), or 343.31, for a violation counted under s. 343.307
22(1), the person's operating privilege is restricted pursuant to sub. (1g). The person's
23operating privilege is restricted for a period of not less than one year nor more than
24the maximum operating privilege revocation period permitted for the refusal or
25violation, except that if the maximum operating privilege revocation period is less
1than one year, the person's operating privilege is restricted pursuant to sub. (1g) for
2one year. The department may not issue any license to the person under this chapter
3that does not have the restriction specified in sub. (1g) until the person's operating
4privilege is restricted pursuant to this subsection for the entire period of the
5restriction under sub. (1g), including any extension under s. 347.50 (1t). If the
6person's operating privilege is restricted pursuant to a conviction and the person has
7not installed an ignition interlock device prior to his or her conviction, the court may
8order the installation of an ignition interlock device immediately upon conviction.
SB150,35
9Section 35
. 343.301 (3) of the statutes is amended to read:
SB150,19,1310
343.301
(3) (a) Except as provided in par. (b),
if the court enters an order under
11sub. (1g), the person
shall be whose operating privilege is restricted pursuant to sub.
12(1g) is liable for the reasonable cost of equipping and maintaining any ignition
13interlock device installed on his or her motor vehicle.
SB150,19,2214
(b) If
the court finds that the person
who is subject to an order under whose
15operating privilege is restricted pursuant to sub. (1g)
submits proof to the court that
16he or she has a household income that is at or below 150 percent of the nonfarm
17federal poverty line for the continental United States, as defined in
42 USC 9902 (2),
18the court shall
limit the give the person a notice to provide to the person's ignition
19interlock device provider indicating that the person's liability under par. (a)
is limited 20to one-half of the
provider's customary cost of equipping
each one motor vehicle with
21an ignition interlock device and one-half of the
provider's customary cost per day
per
22vehicle of maintaining the ignition interlock device.
SB150,36
23Section 36
. 343.301 (4) of the statutes is amended to read:
SB150,20,1024
343.301
(4) A No person
to whom an order whose operating privilege is
25restricted under sub. (1g)
applies violates that order if he or she fails to have an
1ignition interlock device installed as ordered, removes or disconnects or who is issued
2prior to conviction an ignition interlock restricted license may operate a motor
3vehicle that is not equipped with an ignition interlock device, remove or disconnect 4an ignition interlock device
, requests or permits
from a motor vehicle he or she is
5operating or intends to operate, request or permit another to blow into an ignition
6interlock device
, or to start a motor vehicle equipped with an ignition interlock device
7for the purpose of providing the person an operable motor vehicle without the
8necessity of first submitting a sample of his or her breath to analysis by the ignition
9interlock device, or otherwise
tampers with or circumvents tamper or circumvent the
10operation of the ignition interlock device.
SB150,37
11Section 37
. 343.301 (5) of the statutes is amended to read:
SB150,20,1612
343.301
(5) If the court enters an order A person whose operating privilege is
13restricted under sub. (1g)
, the court shall impose and the person shall pay
to the clerk
14of court, at the time his or her operating privilege is revoked for an offense counted
15under s. 343.307 (1), an ignition interlock surcharge of $50
to the clerk of court. The
16clerk of court shall transmit the amount to the county treasurer.
SB150,38
17Section 38
. 343.305 (8) (a) of the statutes is amended to read:
SB150,21,218
343.305
(8) (a) The law enforcement officer shall notify the person of the
19administrative suspension under sub. (7) (a). The notice shall advise the person that
20his or her operating privilege will be administratively suspended and that he or she
21has the right to obtain administrative and judicial review under this subsection
, but
22that if he or she does not request an administrative or judicial review, he or she may
23be eligible to receive an ignition interlock restricted license under s. 343.105
24immediately. This notice of administrative suspension serves as a 30-day temporary
25license. An administrative suspension under sub. (7) (a) becomes effective at the
1time the 30-day temporary license expires. The officer shall submit or mail a copy
2of the notice to the department.
SB150,39
3Section 39
. 343.305 (8) (am) of the statutes is renumbered 343.305 (8) (am)
4(intro.) and amended to read:
SB150,21,95
343.305
(8) (am) (intro.) The
department shall prepare and approve
6information forms and applications for distribution under this paragraph. Upon
7issuing a notice of suspension to a person under par. (a), a law enforcement officer
8shall provide the person with
a separate the following forms in addition to the notice
9of administrative suspension:
SB150,21,19
101. A form for the person to use to request the administrative review under this
11subsection. The form shall clearly indicate how to request an administrative review
12and shall clearly notify the person that this form must be submitted within 10 days
13from the notice date indicated on the form or the person's hearing rights will be
14deemed waived. The form shall, in no less than 16-point boldface type, be titled:
15IMPORTANT NOTICE — RESPOND WITHIN TEN (10) DAYS.
The form shall
16clearly indicate that if the person requests a review and the suspension is sustained,
17he or she is not eligible to receive an occupational license under s. 343.10 until 45
18days, or an ignition interlock restricted license under s. 343.105 until 15 days, after
19the final determination sustaining the suspension occurs.
SB150,40
20Section 40
. 343.305 (8) (am) 2. and 3. of the statutes are created to read:
SB150,22,521
343.305
(8) (am) 2. A form that explains the procedure for applying for an
22occupational license under s. 343.10 or an ignition interlock restricted license under
23s. 343.105. The form shall clearly indicate that the person may apply for an ignition
24interlock restricted license at any time and that the person may be eligible to receive
25the ignition interlock restricted license immediately after he or she receives notice
1that his or her operating privilege has been suspended under sub. (7) if he or she does
2not request an administrative review of the suspension. The form shall provide
3information on how and where to have an ignition interlock device that is approved
4by the department installed. The form shall clearly indicate that the person may be
5eligible for an occupational license under s. 343.10 45 days after his or her arrest.
SB150,22,66
3. An application form for an ignition interlock restricted license.
SB150,41
7Section 41
. 343.305 (8) (d) of the statutes is repealed.
SB150,42
8Section 42
. 343.305 (9) (a) (intro.) of the statutes is amended to read:
SB150,23,49
343.305
(9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the
10law enforcement officer shall immediately prepare a notice of intent to revoke, by
11court order under sub. (10), the person's operating privilege. If the person was
12driving or operating a commercial motor vehicle, the officer shall issue an
13out-of-service order to the person for the 24 hours after the refusal and notify the
14department in the manner prescribed by the department. The officer shall issue a
15copy of the notice of intent to revoke the privilege
and an application form for an
16ignition interlock restricted license to the person and submit or mail a copy to the
17circuit court for the county in which the arrest under sub. (3) (a) was made or to the
18municipal court in the municipality in which the arrest was made if the arrest was
19for a violation of a municipal ordinance under sub. (3) (a) and the municipality has
20a municipal court. The officer shall also mail a copy of the notice of intent to revoke
21to the attorney for that municipality or to the district attorney for that county, as
22appropriate, and to the department. Neither party is entitled to pretrial discovery
23in any refusal hearing, except that, if the defendant moves within 30 days after the
24initial appearance in person or by an attorney and shows cause therefor, the court
25may order that the defendant be allowed to inspect documents, including lists of
1names and addresses of witnesses, if available, and to test under s. 804.09, under
2such conditions as the court prescribes, any devices used by the plaintiff to determine
3whether a violation has been committed. The notice of intent to revoke the person's
4operating privilege shall contain substantially all of the following information:
SB150,43
5Section 43
. 343.305 (9) (a) 7. and 8. of the statutes are created to read:
SB150,23,136
343.305
(9) (a) 7. That if the person does not request a hearing on the
7revocation, the person may apply for an ignition interlock restricted license under
8s. 343.105 at any time and may be eligible to receive the ignition interlock restricted
9license 30 days after he or she receives the notice of revocation, or an occupational
10license under s. 343.10 after a waiting period from 45 to 120 days. The form shall
11clearly state that if the person does request a hearing on the revocation, the person
12is not eligible to receive an ignition interlock restricted license until 30 to 120 days
13after a final determination under sub. (10) that the revocation is sustained.
SB150,23,1514
8. An explanation of the procedure for applying for an ignition interlock
15restricted license under s. 343.105.
SB150,44
16Section 44
. 343.305 (10) (b) 2. of the statutes is amended to read:
SB150,23,2117
343.305
(10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
18improper refusal, the court shall revoke the person's operating privilege for one year.
19After the first 30 days of the revocation period, the person
is may be eligible for an
20occupational license under s. 343.10 ignition interlock restricted license under s.
21343.105.
SB150,45
22Section 45
. 343.305 (10) (b) 3. of the statutes is amended to read:
SB150,24,723
343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions
24under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
25convictions, suspensions, and revocations counted under s. 343.307 (2) within a
110-year period, equals 2, the court shall revoke the person's operating privilege for
22 years. After the first 90 days of the revocation period
or, if the total number of
3convictions, suspensions, and revocations counted under this subdivision within any
45-year period equals 2 or more, after one year of the revocation period has elapsed,
5the person
is may be eligible for an
occupational license under s. 343.10 ignition
6interlock restricted license under s. 343.105 if he or she has completed the
7assessment and is complying with the driver safety plan.
SB150,46
8Section 46
. 343.305 (10) (b) 4. of the statutes is amended to read:
SB150,24,189
343.305
(10) (b) 4. Except as provided in subd. 4m., if the number of convictions
10under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
11convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or
12more, the court shall revoke the person's operating privilege for 3 years. After the
13first 120 days of the revocation period
or, if the total number of convictions,
14suspensions, and revocations counted under this subdivision within any 5-year
15period equals 2 or more, after one year of the revocation period has elapsed, the
16person
is may be eligible for an
occupational license under s. 343.10 ignition interlock
17restricted license under s. 343.105 if he or she has completed the assessment and is
18complying with the driver safety plan.
SB150,47
19Section 47
. 343.305 (10) (em) of the statutes is amended to read:
SB150,25,620
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
21intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a
22local ordinance in conformity therewith is revocation of the person's operating
23privilege for 6 months. If there was a minor passenger under 16 years of age in the
24motor vehicle at the time of the incident that gave rise to the improper refusal, the
25revocation period is 12 months.
After The person may apply for an ignition interlock
1restricted license at any time and may be eligible to receive the ignition interlock
2restricted license after the first 15 days of the revocation period
, the person is eligible
3for an occupational license under s. 343.10. Any such improper refusal or revocation
4for the refusal does not count as a prior refusal or a prior revocation under this section
5or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit
6to and comply with any assessment or driver safety plan under pars. (c) and (d).
SB150,48
7Section 48
. 343.305 (10m) of the statutes is amended to read:
SB150,25,118
343.305
(10m) Refusals; ignition interlock of a motor vehicle. The
9requirements and procedures for installation of an ignition interlock device 10operating privilege restrictions under s. 343.301 apply when an operating privilege
11is revoked under sub. (10).
SB150,49
12Section
49. 343.31 (1m) (b) of the statutes is amended to read:
SB150,25,2513
343.31
(1m) (b) Upon receiving a record of conviction under s. 940.09 (1) or
14940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that
15together with other records of the department show that the number of convictions
16under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
17convictions, suspensions, and revocations counted under s. 343.307 (1), equals 4 or
18more, the department shall revoke the person's operating privilege permanently.
19This paragraph does not apply if the most recent conviction, suspension, or
20revocation counted under this paragraph occurred more than 15 years after the next
21preceding conviction, suspension, or revocation counted under this paragraph. The
22person is not eligible for an occupational license under s. 343.10
, and the person is
23not eligible for an ignition interlock restricted license under s. 343.105. After 10
24years of the revocation period have elapsed, the person may apply for reinstatement
25under s. 343.38.
SB150,50
1Section
50. 343.31 (1m) (c) of the statutes is amended to read:
SB150,26,122
343.31
(1m) (c) Upon receiving a record of conviction under s. 940.09 (1) or
3940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that
4together with other records of the department show that the number of convictions
5under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
6convictions, suspensions, and revocations counted under s. 343.307 (1) within a
725-year period, equals 2 or more, and that the person has 2 or more qualifying
8convictions, the department shall revoke the person's operating privilege
9permanently. The person is not eligible for an occupational license under s. 343.10
,
10and the person is not eligible for an ignition interlock restricted license under s.
11343.105. After 10 years of the revocation period have elapsed, the person may apply
12for reinstatement under s. 343.38.
SB150,51
13Section 51
. 343.31 (3) (bm) 2. of the statutes is amended to read:
SB150,26,2114
343.31
(3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first
15conviction, the department shall revoke the person's operating privilege for not less
16than 6 months nor more than 9 months. If an Indian tribal court in this state revokes
17the person's privilege to operate a motor vehicle on tribal lands for not less than 6
18months nor more than 9 months for the conviction specified in par. (bm) (intro.), the
19department shall impose the same period of revocation. The person
is eligible for an
20occupational license under s. 343.10 may apply for an ignition interlock restricted
21license under s. 343.105 at any time.
SB150,52
22Section 52
. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB150,27,1023
343.31
(3) (bm) 3. Except as provided in subd. 4m., if the number of convictions
24under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
25suspensions, revocations, and other convictions counted under s. 343.307 (1) within
1a 10-year period, equals 2, the department shall revoke the person's operating
2privilege for not less than one year nor more than 18 months. If an Indian tribal court
3in this state revokes the person's privilege to operate a motor vehicle on tribal lands
4for not less than one year nor more than 18 months for the conviction specified in par.
5(bm) (intro.), the department shall impose the same period of revocation.
After the
6first 60 days of the revocation period or, if the total number of convictions,
7suspensions, and revocations counted under this subdivision within any 5-year
8period equals 2 or more, after one year of the revocation period has elapsed, the
9person is eligible for an occupational license under s. 343.10.
The person may apply
10for an ignition interlock restricted license under s. 343.105 at any time.
SB150,53
11Section 53
. 343.31 (3) (bm) 4. of the statutes is amended to read:
SB150,27,2212
343.31
(3) (bm) 4. Except as provided in subd. 4m., if the number of convictions
13under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
14suspensions, revocations and convictions counted under s. 343.307 (1), equals 3 or
15more, the department shall revoke the person's operating privilege for not less than
162 years nor more than 3 years. If an Indian tribal court in this state revokes the
17person's privilege to operate a motor vehicle on tribal lands for not less than 2 years
18nor more than 3 years for the conviction specified in par. (bm) (intro.), the department
19shall impose the same period of revocation.
After one year of the revocation period
20has elapsed, the person is eligible for an occupational license under s. 343.10. The
21person may apply for an ignition interlock restricted license under s. 343.105 at any
22time.
SB150,54
23Section 54
. 343.31 (3m) (a) of the statutes is amended to read:
SB150,28,524
343.31
(3m) (a) Any person who has his or her operating privilege revoked
25under sub. (3) (c) or (f)
is eligible for an occupational license under s. 343.10 after the
1first 120 days of the revocation period, except that if the total number of convictions,
2suspensions, or revocations for any offense that is counted under s. 343.307 (1) within
3any 5-year period equals 2 or more, the person is eligible for an occupational license
4under s. 343.10 after one year of the revocation period has elapsed
may apply for an
5ignition interlock restricted license under s. 343.105 at any time.
SB150,55
6Section 55
. 343.31 (3m) (b) of the statutes is amended to read:
SB150,28,137
343.31
(3m) (b) Any person who has his or her operating privilege revoked
8under sub. (3) (e)
is eligible for an occupational license under s. 343.10 after the first
960 days of the revocation period, except that if the total number of convictions,
10suspensions, or revocations for any offense that is counted under s. 343.307 (1) within
11any 5-year period equals 2 or more, the person is eligible for an occupational license
12under s. 343.10 after one year of the revocation period has elapsed
may apply for an
13ignition interlock restricted license under s. 343.105 at any time.
SB150,56
14Section 56
. 343.32 (1m) (b) (intro.) of the statutes is renumbered 343.32 (1m)
15(b) and amended to read:
SB150,28,2416
343.32
(1m) (b) The secretary may suspend a person's operating privilege for
17not less than 6 months nor more than 5 years whenever notice has been received of
18the conviction of such person under federal law or the law of a federally recognized
19American Indian tribe or band in this state or the law of another jurisdiction for any
20offense therein which, if the person had committed the offense in this state and been
21convicted of the offense under the laws of this state, would have permitted
22suspension of such person's operating privilege under s. 961.50. The person
is
23eligible for an occupational license under s. 343.10 as follows:
may apply for an
24ignition interlock restricted license under s. 343.105 at any time.
SB150,57
25Section 57
. 343.32 (1m) (b) 1., 2. and 3. of the statutes are repealed.
SB150,58
1Section
58. 347.413 (1) of the statutes is amended to read:
SB150,29,112
347.413
(1) No person may remove, disconnect, tamper with, or otherwise
3circumvent the operation of an ignition interlock device installed in response to the
4court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301
5(1g),
or 2021 stats., fail to have the ignition interlock device installed as ordered by
6the court,
or violate a court order under s. 343.301 (1g)
, 2021 stats., restricting the
7person's operating privilege
, or operate a motor vehicle not equipped with an ignition
8interlock device, in violation of s. 343.301 (4). This subsection does not apply to the
9removal of an ignition interlock device upon the expiration of the order requiring the
10motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition
11interlock device by a person authorized by the department.
SB150,59
12Section 59
. 347.413 (3) of the statutes is amended to read:
SB150,29,1613
347.413
(3) The department shall design a warning label which shall be affixed
14to each ignition interlock device upon installation. The label shall provide notice of
15the penalties for tampering with or circumventing the operation of the ignition
16interlock device under sub. (1) and s.
343.10 (5) (a) 3. 343.105.
SB150,60
17Section 60
. 347.50 (1s) of the statutes is renumbered 347.50 (1s) (a) and
18amended to read:
SB150,29,2219
347.50
(1s) (a) Any person violating s. 347.413 (1)
or may be fined not less than
20$500 nor more than $1,200, or imprisoned for not more than 6 months, or both, for
21the first offense. For a 2nd or subsequent conviction, the person may be fined not less
22than $600 nor more than $2,000, or imprisoned for not more than 6 months, or both.
SB150,30,2
23(b) Any person violating s. 347.417 (1) may be fined not less than $150 nor more
24than $600, or
may be imprisoned for not more than 6 months, or both
, for the first
25offense. For a 2nd or subsequent conviction within 5 years, the person may be fined
1not less than $300 nor more than $1,000, or imprisoned for not more than 6 months,
2or both.
SB150,61
3Section
61. 347.50 (1t) of the statutes is amended to read: