2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 89
November 6, 2007 - Offered by Representatives Mursau and Krusick.
AB89-ASA1,1,5 1An Act to repeal 343.307 (1) (g); to amend 114.09 (1) (a) 2., 114.09 (1) (b) 2.,
2114.09 (2) (a) 2., 3., 4. and 5., 114.09 (2) (b), 114.09 (2) (bm) 1. (intro.), 114.09 (2)
3(bm) 1. c., 114.09 (2) (bm) 3. and 4. and 343.307 (1) (intro.); and to create 114.09
4(1) (c) and 114.09 (2) (d) of the statutes; relating to: operating an aircraft
5recklessly or under the influence of an intoxicant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB89-ASA1, s. 1 6Section 1. 114.09 (1) (a) 2. of the statutes, as created by 2007 Wisconsin Act
720
, is amended to read:
AB89-ASA1,1,108 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol
9concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00
10if there is a passenger in the aircraft
.
AB89-ASA1, s. 2 11Section 2. 114.09 (1) (b) 2. of the statutes, as affected by 2007 Wisconsin Act
1220
, is amended to read:
AB89-ASA1,2,6
1114.09 (1) (b) 2. No person may operate an aircraft in the air or on the ground
2or water in a careless or reckless manner so as to endanger the life or property of
3another. In determining whether the operation was careless or reckless the court
4shall consider the standards for safe operation of aircraft prescribed by federal
5statutes or regulations governing aeronautics including, if applicable, regulations
6regarding commercial agricultural operations
.
AB89-ASA1, s. 3 7Section 3. 114.09 (1) (c) of the statutes is created to read:
AB89-ASA1,2,138 114.09 (1) (c) Any person operating an aircraft in the air or on the ground or
9water is deemed to have given consent, pursuant to 14 CFR 91.17, to have his or her
10blood, breath, or urine tested for the purpose of determining the presence or quantity
11in his or her blood, breath, or urine, of alcohol, controlled substances, controlled
12substance analogs, or other drugs, or any combination thereof, when requested or
13required to do so by a law enforcement officer.
AB89-ASA1, s. 4 14Section 4. 114.09 (2) (a) 2., 3., 4. and 5. of the statutes, as affected by 2007
15Wisconsin Act 20
, are amended to read:
AB89-ASA1,2,2216 114.09 (2) (a) 2. Except as provided in subd. 6., shall be fined not less than $350
17nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months
18if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
19plus the total number of suspensions, revocations, and other convictions counted
20under s. 114.09 (1) (b) 1. or 1m. or 343.307 (1) within a 10-year period, equals 2,
21except that suspensions, revocations, or convictions arising out of the same incident
22or occurrence shall be counted as one.
AB89-ASA1,3,423 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
24more than $2,000 and imprisoned for not less than 30 days nor more than one year
25in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the

1person's lifetime, plus the total number of suspensions, revocations, and other
2convictions counted under s. 114.09 (1) (b) 1. or 1m. or 343.307 (1), equals 3, except
3that suspensions, revocations, or convictions arising out of the same incident or
4occurrence shall be counted as one.
AB89-ASA1,3,115 4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
6more than $2,000 and imprisoned for not less than 60 days nor more than one year
7in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
8person's lifetime, plus the total number of suspensions, revocations, and other
9convictions counted under s. 114.09 (1) (b) 1. or 1m. or 343.307 (1), equals 4, except
10that suspensions, revocations, or convictions arising out of the same incident or
11occurrence shall be counted as one.
AB89-ASA1,3,1712 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall
13be fined not less than $600 and imprisoned for not less than 6 months if the number
14of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
15number of suspensions, revocations, and other convictions counted under s. 114.09
16(1) (b) 1. or 1m. or
343.307 (1), equals 5 or more, except that suspensions, revocations,
17or convictions arising out of the same incident or occurrence shall be counted as one.
AB89-ASA1, s. 5 18Section 5. 114.09 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20,
19is amended to read:
AB89-ASA1,3,2520 114.09 (2) (b) In par. (a) 1. to 5., the time period shall be measured from the
21dates of the refusals or violations that resulted in the revocation or convictions. If
22a person has a suspension, revocation, or conviction for any offense under a local
23ordinance or a state statute of another state that would be counted under s. 114.09
24(1) (b) 1. or 1m. or
343.307 (1), that suspension, revocation or conviction shall count
25as a prior suspension, revocation, or conviction under par. (a) 1. to 5.
AB89-ASA1, s. 6
1Section 6. 114.09 (2) (bm) 1. (intro.) of the statutes, as affected by 2007
2Wisconsin Act 20
, is amended to read:
AB89-ASA1,4,93 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
4order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an
5assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
6examination of the person's use of alcohol, controlled substances, or controlled
7substance analogs and development of an airman safety plan for the person. The
8court shall notify the person, the department, and the proper federal agency of the
9assessment order. The assessment order shall:
AB89-ASA1, s. 7 10Section 7. 114.09 (2) (bm) 1. c. of the statutes, as affected by 2007 Wisconsin
11Act 20
, is amended to read:
AB89-ASA1,4,1912 114.09 (2) (bm) 1. c. Require a person who is referred to a treatment facility in
13another state under subd. 1. a. or b. to furnish the department court written
14verification of his or her compliance from the agency that administers the
15assessment and airman safety plan program. The person shall provide initial
16verification of compliance within 60 days after the date of his or her conviction. The
17requirement to furnish verification of compliance may be satisfied by receipt by the
18department court of such verification from the agency that administers the
19assessment and airman safety plan program.
AB89-ASA1, s. 8 20Section 8. 114.09 (2) (bm) 3. and 4. of the statutes, as affected by 2007
21Wisconsin Act 20
, are amended to read:
AB89-ASA1,5,522 114.09 (2) (bm) 3. Prior to developing a plan that specifies treatment, the
23facility shall make a finding that treatment is necessary and appropriate services are
24available. The facility shall submit a report of the assessment and the airman safety
25plan within 14 days to the county department under s. 51.42, the plan provider, the

1department of transportation,
the appropriate federal agency, and the person, except
2that, upon request by the facility and the person, the county department may extend
3the period for assessment for not more than 20 additional workdays. The county
4department shall notify the department of transportation court regarding any such
5extension.
AB89-ASA1,5,166 4. The assessment report shall order compliance with an airman safety plan.
7The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The
8safety plan may include a component that makes the person aware of the effect of his
9or her offense on a victim and a victim's family. The safety plan may include
10treatment for the person's misuse, abuse, or dependence on alcohol, controlled
11substances, or controlled substance analogs. If the plan requires inpatient
12treatment, the treatment shall not exceed 30 days. An airman safety plan under this
13paragraph shall include a termination date consistent with the plan that shall not
14extend beyond one year. The county department under s. 51.42 shall assure
15notification of the department of transportation court and the person of the person's
16compliance or noncompliance with assessment and treatment.
AB89-ASA1, s. 9 17Section 9. 114.09 (2) (d) of the statutes is created to read:
AB89-ASA1,5,2018 114.09 (2) (d) In determining a penalty under this subsection, the court may
19request information about and consider the person's certification record with the
20federal aviation administration.
AB89-ASA1, s. 10 21Section 10. 343.307 (1) (intro.) of the statutes, as affected by 2007 Wisconsin
22Act 20
, is amended to read:
AB89-ASA1,5,2523 343.307 (1) (intro.) The court shall count the following to determine the length
24of a revocation under s. 343.30 (1q) (b) and to determine the penalty under s. 114.09
25(2) and
346.65 (2):
AB89-ASA1, s. 11
1Section 11. 343.307 (1) (g) of the statutes, as created by 2007 Wisconsin Act
220
, is repealed.
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