Amendment ASA1-AB221

LRBs0074/1

RPN,PEN&JEO:all:hmh

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 221

May 13, 1999 - Offered by Joint committee on Finance.

AB221-ASA1,2,10 An Act to repeal 346.65 (6) (a) 2.; to renumber 343.305 (10m), 940.09 (1d) and 940.25 (1d); to renumber and amend 346.65 (6) (a) 1.; to amend 20.435 (6) (hx), 125.07 (4) (bs), 125.07 (4) (c), 125.07 (4) (e) 2. (intro.), 340.01 (46m) (b), 342.12 (4) (a), 342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.30 (6) (b), 346.65 (6) (a) 2m., 346.65 (6) (c), 346.65 (6) (d), 346.655 (1), 346.655 (2) (a), 346.655 (2) (b), 346.95 (2), 938.344 (2) (intro.), 938.344 (2) (c), 938.344 (2b) and 938.344 (2d) (c); to create 20.395 (5) (ek), 51.30 (4) (b) 25., 85.55, 110.10, 303.065 (2m), 303.08 (1) (cg), 303.08 (1) (cm), 303.08 (10m), 340.01 (46m) (c), 343.305 (10m) (a), 346.65 (6) (a) 1d., 346.93 (2g), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes; and to affect 1997 Wisconsin Act 84, section 2, 1997 Wisconsin Act 84, section 3, 1997 Wisconsin Act 84, section 4, 1997 Wisconsin Act 84, section 5, 1997 Wisconsin Act 84, section 30, 1997 Wisconsin Act 84, section 31, 1997 Wisconsin Act 84, section 160, 1997 Wisconsin Act 84, section 161 and 1997 Wisconsin Act 84, section 162; relating to: operating a motor vehicle while under the influence of an intoxicant or drugs, or both; installation of an ignition interlock device in cases involving intoxicated operation of a motor vehicle; seizure of motor vehicles for offenses related to driving while under the influence of an intoxicant; the prohibited alcohol concentration related to operating a motor vehicle while under the influence of an intoxicant; restrictions on prisoner release from jail or prison; creating a safe-ride grant program; creating an ignition interlock device program; certain alcohol beverage offenses committed by persons under the legal drinking age; granting rule-making authority; making an appropriation; and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB221-ASA1, s. 1 Section 1. 20.395 (5) (ek) of the statutes is created to read:

AB221-ASA1,2,14 20.395 (5) (ek) Safe-ride grant program; state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (hx) for the purpose of awarding grants under s. 85.55.

AB221-ASA1, s. 2 Section 2. 20.435 (6) (hx) of the statutes is amended to read:

AB221-ASA1,3,5 20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (di) 31.29% 30.12% of all moneys credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation. The moneys remaining may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and 20.455 (5) (h) by the secretary of administration after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general and the president of the university of Wisconsin system.

AB221-ASA1, s. 3 Section 3. 51.30 (4) (b) 25. of the statutes is created to read:

AB221-ASA1,3,9 51.30 (4) (b) 25. To the department of corrections or to a sheriff, to determine if a person incarcerated is complying with the assessment or the driver safety plan ordered under s. 343.30 (1q) (c).

AB221-ASA1, s. 4 Section 4. 85.55 of the statutes is created to read:

AB221-ASA1,3,19 85.55 Safe-ride grant program. The department may award grants to any county or municipality to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

AB221-ASA1, s. 5 Section 5. 110.10 of the statutes is created to read:

AB221-ASA1,3,23 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of a statewide ignition interlock device program. The rules shall include provisions regarding all of following:

AB221-ASA1,3,25 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

AB221-ASA1,4,2 (2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.

AB221-ASA1,4,4 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

AB221-ASA1,4,7 (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.

AB221-ASA1, s. 6 Section 6. 125.07 (4) (bs) of the statutes is amended to read:

AB221-ASA1,4,10 125.07 (4) (bs) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

AB221-ASA1,4,15 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,4,21 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,5,2 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,5,8 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1, s. 7 Section 7. 125.07 (4) (c) of the statutes is amended to read:

AB221-ASA1,5,11 125.07 (4) (c) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

AB221-ASA1,5,16 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,5,22 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,6,3 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1,6,9 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA1, s. 8 Section 8. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB221-ASA1,6,16 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB221-ASA1, s. 9 Section 9. 303.065 (2m) of the statutes is created to read:

AB221-ASA1,6,24 303.065 (2m) The department may not grant work release privileges to a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c) related to the violation for which he or she was imprisoned. This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-ASA1, s. 10 Section 10. 303.08 (1) (cg) of the statutes is created to read:

AB221-ASA1,7,2 303.08 (1) (cg) Attendance at an assessment ordered by a court under s. 343.30 (1q) (c);

AB221-ASA1, s. 11 Section 11. 303.08 (1) (cm) of the statutes is created to read:

AB221-ASA1,7,5 303.08 (1) (cm) Attendance at a treatment program required by a driver safety plan under s. 343.30 (1q) (c);

AB221-ASA1, s. 12 Section 12. 303.08 (10m) of the statutes is created to read:

AB221-ASA1,7,12 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-ASA1, s. 13 Section 13. 340.01 (46m) (b) of the statutes is amended to read:

AB221-ASA1,7,15 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221-ASA1, s. 14 Section 14. 340.01 (46m) (c) of the statutes is created to read:

AB221-ASA1,7,19 340.01 (46m) (c) 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.

AB221-ASA1, s. 15 Section 15. 342.12 (4) (a) of the statutes is amended to read:

AB221-ASA1,8,3 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.