SB40-ASA1-AA1,316,253 111.70 (1) (ar) "Collective bargaining" means the performance of the mutual
4obligation of a municipal employer, through its officers and agents, and the
5representative of its municipal employees in a collective bargaining unit, to meet and
6confer at reasonable times, in good faith, with the intention of reaching an
7agreement, or to resolve questions arising under such an agreement, with respect to
8wages, hours and conditions of employment, and with respect to a requirement of the
9municipal employer for a municipal employee to perform law enforcement and fire
10fighting services under s. 61.66, except as provided in sub. (4) (m) , (n), (o), (p), and
11(pr)
and s. 40.81 (3) and except that a municipal employer shall not meet and confer
12with respect to any proposal to diminish or abridge the rights guaranteed to
13municipal employees under ch. 164. The duty to bargain, however, does not compel
14either party to agree to a proposal or require the making of a concession. Collective
15bargaining includes the reduction of any agreement reached to a written and signed
16document. The municipal employer shall not be required to bargain on subjects
17reserved to management and direction of the governmental unit except insofar as the
18manner of exercise of such functions affects the wages, hours and conditions of
19employment of the municipal employees in a collective bargaining unit. In creating
20this subchapter the legislature recognizes that the municipal employer must
21exercise its powers and responsibilities to act for the government and good order of
22the jurisdiction which it serves, its commercial benefit and the health, safety and
23welfare of the public to assure orderly operations and functions within its
24jurisdiction, subject to those rights secured to municipal employees by the
25constitutions of this state and of the United States and by this subchapter.".
SB40-ASA1-AA1,317,1
11684. Page 1228, line 9: after that line insert:
SB40-ASA1-AA1,317,2 2" Section 2661n. 111.335 (1) (d) of the statutes is created to read:
SB40-ASA1-AA1,317,133 111.335 (1) (d) 1. In this paragraph, "educational agency" means a school
4district, a cooperative educational service agency, a county children with disabilities
5education board, a state prison under s. 302.01, a juvenile correctional facility, as
6defined in s. 938.02 (10p), a secured residential care center for children and youth,
7as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually
8Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of
9Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health
10Institute, a state center for the developmentally disabled, a private school, a charter
11school, a private, nonprofit, nonsectarian agency under contract with a school board
12under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract
13with the board of school directors in a 1st class city under s. 119.235 (1).
SB40-ASA1-AA1,317,1714 2. Notwithstanding s. 111.322, it is not employment discrimination because of
15conviction record for an educational agency to refuse to employ or to terminate from
16employment an individual who has been convicted of a felony and who has not been
17pardoned for that felony.".
SB40-ASA1-AA1,317,18 181685. Page 1228, line 9: after that line insert:
SB40-ASA1-AA1,317,19 19" Section 2661j. 111.31 (6) of the statutes is created to read:
SB40-ASA1-AA1,317,2220 111.31 (6) The legislature finds that the prohibition against discrimination on
21the basis of arrest or conviction record under s. 111.335 is a matter of statewide
22concern, requiring uniform enforcement at the state, county, and municipal levels.
SB40-ASA1-AA1, s. 2661k 23Section 2661k. 111.335 (1) (c) 1. of the statutes is amended to read:
SB40-ASA1-AA1,318,3
1111.335 (1) (c) 1. Has been convicted of any felony, misdemeanor or other
2offense the circumstances of which substantially relate to the circumstances of the
3particular job or licensed activity; or.
SB40-ASA1-AA1, s. 2661L 4Section 2661L. 111.335 (1) (c) 3. of the statutes is created to read:
SB40-ASA1-AA1,318,85 111.335 (1) (c) 3. Has been convicted of a sex offense, as defined in s. 301.45 (1d)
6(b), or found to have committed a violation of federal law or the law of another state
7that would be a sex offense, as defined in s. 301.45 (1d) (b), if committed in this state,
8and who has not been pardoned for that sex offense.
SB40-ASA1-AA1, s. 2661m 9Section 2661m. 111.335 (1) (c) 4. of the statutes is created to read:
SB40-ASA1-AA1,318,1310 111.335 (1) (c) 4. Has been convicted of a violent offense, as defined in s. 301.048
11(2) (bm) 1., or found to have committed a violation of federal law or the law of another
12state that would be a violent offense, as defined in s. 301.048 (2) (bm) 1., if committed
13in this state, and who has not been pardoned for that violent offense.
SB40-ASA1-AA1, s. 2661o 14Section 2661o. 111.335 (2) of the statutes is created to read:
SB40-ASA1-AA1,318,1715 111.335 (2) No county, city, village, or town may adopt any provision concerning
16employment discrimination based on arrest or conviction record that prohibits any
17activity that is allowed under this section.".
SB40-ASA1-AA1,318,18 181686. Page 1228, line 9: after that line insert:
SB40-ASA1-AA1,318,19 19" Section 2661r. 111.35 (3) (a) (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,319,620 111.35 (3) (a) (intro.) Notwithstanding s. 111.322, it is not employment
21discrimination because of use of a lawful product off the employer's premises during
22nonworking hours for an employer, labor organization, employment agency,
23licensing agency, or other person to offer financial incentives related to employee
24health care benefits that are intended to discourage use of a lawful product. Those

1financial incentives may include offering
a policy or plan of life, health, or disability
2insurance coverage under which the type of coverage or the price of coverage for an
3individual who uses a lawful product off the employer's premises during nonworking
4hours differs from the type of coverage or the price of coverage provided for an
5individual who does not use that lawful product, if all of the following conditions
6apply:
SB40-ASA1-AA1, s. 2661s 7Section 2661s. 111.35 (3) (b) (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,319,188 111.35 (3) (b) (intro.) Notwithstanding s. 111.322, it is not employment
9discrimination because of nonuse of a lawful product off the employer's premises
10during nonworking hours for an employer, labor organization, employment agency,
11licensing agency, or other person to offer financial incentives related to employee
12health care benefits that are intended to encourage use of a lawful product. Those
13financial incentives may include offering
a policy or plan of life, health, or disability
14insurance coverage under which the type of coverage or the price of coverage for an
15individual who does not use a lawful product off the employer's premises during
16nonworking hours differs from the type of coverage or the price of coverage provided
17for an individual who uses that lawful product, if all of the following conditions
18apply:".
SB40-ASA1-AA1,319,19 191687. Page 1228, line 10: delete lines 10 to 17.
SB40-ASA1-AA1,319,20 201688. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,319,21 21" Section 2681m. 114.31 (3) (a) of the statutes is renumbered 114.31 (3).
SB40-ASA1-AA1, s. 2681n 22Section 2681n. 114.31 (3) (b) of the statutes is repealed.".
SB40-ASA1-AA1,319,23 231689. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,319,24 24" Section 2670b. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
SB40-ASA1-AA1,322,2
1111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the
2commission shall make an investigation, with or without a formal hearing, to
3determine whether arbitration should be commenced. If in determining whether an
4impasse exists the commission finds that the procedures set forth in this paragraph
5have not been complied with and such compliance would tend to result in a
6settlement, it may order such compliance before ordering arbitration. The validity
7of any arbitration award or collective bargaining agreement shall not be affected by
8failure to comply with such procedures. Prior to the close of the investigation each
9party shall submit in writing to the commission its single final offer containing its
10final proposals on all issues in dispute that are subject to interest arbitration under
11this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s.
12applies. If, under state law, the municipal employer is subject to limitations on
13available revenue, a final offer may not require the expenditure for compensation
14and fringe benefits per employee in any year of the contract to be more than the
15amount expended in the previous year increased by the allowable percentage
16increase in available revenue. If the commission determines that a final offer
17requires greater expenditure, the commission shall return the offer to the party and
18the party shall revise it before submitting it again.
If a party fails to submit a single,
19ultimate final offer, the commission shall close the investigation based on the last
20written position of the party. If the last written position requires greater expenditure
21than permitted under this subd. 6. am., the commission shall consider that the party
22failed to submit an offer.
The municipal employer may not submit a qualified
23economic offer under subd. 5s. after the close of the investigation. Such final Final
24offers may include only mandatory subjects of bargaining, except that a permissive
25subject of bargaining may be included by a party if the other party does not object

1and shall then be treated as a mandatory subject. No later than such time, the
2parties shall also submit to the commission a stipulation, in writing, with respect to
3all matters which are agreed upon for inclusion in the new or amended collective
4bargaining agreement. The commission, after receiving a report from its
5investigator and determining that arbitration should be commenced, shall issue an
6order requiring arbitration and immediately submit to the parties a list of 7
7arbitrators. Upon receipt of such list, the parties shall alternately strike names until
8a single name is left, who shall be appointed as arbitrator. The petitioning party shall
9notify the commission in writing of the identity of the arbitrator selected. Upon
10receipt of such notice, the commission shall formally appoint the arbitrator and
11submit to him or her the final offers of the parties. The final offers shall be considered
12public documents and shall be available from the commission. In lieu of a single
13arbitrator and upon request of both parties, the commission shall appoint a tripartite
14arbitration panel consisting of one member selected by each of the parties and a
15neutral person designated by the commission who shall serve as a chairperson. An
16arbitration panel has the same powers and duties as provided in this section for any
17other appointed arbitrator, and all arbitration decisions by such panel shall be
18determined by majority vote. In lieu of selection of the arbitrator by the parties and
19upon request of both parties, the commission shall establish a procedure for
20randomly selecting names of arbitrators. Under the procedure, the commission shall
21submit a list of 7 arbitrators to the parties. Each party shall strike one name from
22the list. From the remaining 5 names, the commission shall randomly appoint an
23arbitrator. Unless both parties to an arbitration proceeding otherwise agree in
24writing, every individual whose name is submitted by the commission for
25appointment as an arbitrator shall be a resident of this state at the time of

1submission and every individual who is designated as an arbitration panel
2chairperson shall be a resident of this state at the time of designation.
SB40-ASA1-AA1, s. 2670d 3Section 2670d. 111.70 (4) (cm) 6. b. of the statutes is amended to read:
SB40-ASA1-AA1,322,154 111.70 (4) (cm) 6. b. The arbitrator shall, within 10 days of his or her
5appointment, establish a date and place for the conduct of the arbitration hearing.
6Upon petition of at least 5 citizens of the jurisdiction served by the municipal
7employer, filed within 10 days after the date on which the arbitrator is appointed, the
8arbitrator shall hold a public hearing in the jurisdiction for the purpose of providing
9the opportunity to both parties to explain or present supporting arguments for their
10positions and to members of the public to offer their comments and suggestions. The
11final offers of the parties, as transmitted by the commission to the arbitrator, shall
12serve as the basis for continued negotiations, if any, between the parties with respect
13to the issues in dispute. At any time prior to the arbitration hearing, either party,
14with the consent of the other party, and subject to the expenditure limit in subd. 6.
15am.,
may modify its final offer in writing.
SB40-ASA1-AA1, s. 2671b 16Section 2671b. 111.70 (4) (cm) 7. of the statutes is amended to read:
SB40-ASA1-AA1,322,2417 111.70 (4) (cm) 7. `Factor Factors given greatest weight.' In making any
18decision under the arbitration procedures authorized by this paragraph, the
19arbitrator or arbitration panel shall consider and shall give the greatest weight to
20the expenditure limit in subd. 6. am. and any state law or directive lawfully issued
21by a state legislative or administrative officer, body or agency which places
22limitations on expenditures that may be made or revenues that may be collected by
23a municipal employer. The arbitrator or arbitration panel shall give an accounting
24of the consideration of this factor these factors in the arbitrator's or panel's decision.".
SB40-ASA1-AA1,323,1
11690. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,323,2 2" Section 2667d. 111.70 (4) (cm) 5s. of the statutes is amended to read:
SB40-ASA1-AA1,324,193 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit
4consisting of school district professional employees, the municipal employer or the
5labor organization may petition the commission to determine whether the municipal
6employer has submitted a qualified economic offer. The commission shall appoint an
7investigator for that purpose. If the investigator finds that the municipal employer
8has submitted a qualified economic offer, the investigator shall determine whether
9a deadlock exists between the parties with respect to all economic issues. If the
10municipal employer submits a qualified economic offer applicable to any period
11beginning on or after July 1, 1993, no economic issues are subject to interest
12arbitration under subd. 6. for that period, except that only the impact of contracting
13out or subcontracting work that would otherwise be performed by municipal
14employees in the collective bargaining unit is subject to interest arbitration under
15subd. 6
. In such a collective bargaining unit, economic issues concerning the wages,
16hours or conditions of employment of the school district professional employees in the
17unit for any period prior to July 1, 1993, are subject to interest arbitration under
18subd. 6. for that period. In such a collective bargaining unit, noneconomic issues
19applicable to any period on or after July 1, 1993, are subject to interest arbitration
20after the parties have reached agreement and stipulate to agreement on all economic
21issues concerning the wages, hours or conditions of employment of the school district
22professional employees in the unit for that period. In such a collective bargaining
23unit, if the commission's investigator finds that the municipal employer has
24submitted a qualified economic offer and that a deadlock exists between the parties

1with respect to all economic issues, the municipal employer may implement the
2qualified economic offer. On the 90th day prior to expiration of the period included
3within the qualified economic offer, if no agreement exists on that day, the parties are
4deemed to have stipulated to the inclusion in a new or revised collective bargaining
5agreement of all provisions of any predecessor collective bargaining agreement
6concerning economic issues, or of all provisions of any existing collective bargaining
7agreement concerning economic issues if the parties have reopened negotiations
8under an existing agreement, as modified by the terms of the qualified economic offer
9and as otherwise modified by the parties. In such a collective bargaining unit, on and
10after that 90th day, a municipal employer that refuses to bargain collectively with
11respect to the terms of that stipulation, applicable to the 90-day period prior to
12expiration of the period included within the qualified economic offer, does not violate
13sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the
1490-day period prior to expiration of the period included within a qualified economic
15offer, operates as a full, final and complete settlement of all economic issues between
16the parties for the period included within the qualified economic offer. The failure
17of a labor organization to recognize the validity of such a lawful qualified economic
18offer does not affect the obligation of the municipal employer to submit economic
19issues to arbitration under subd. 6.
SB40-ASA1-AA1, s. 2667h 20Section 2667h. 111.70 (4) (p) of the statutes is created to read:
SB40-ASA1-AA1,324,2521 111.70 (4) (p) Competitive contracting; all municipal employers. 1. A municipal
22employer's decision to enter into contracts with persons who are not employed by the
23municipal employer for the performance of services, as that decision relates to
24mandatory and permissive subjects of collective bargaining under this subchapter,
25is subject to this paragraph.
SB40-ASA1-AA1,325,3
12. A municipal employer may solicit bids from persons who are not employed
2by the municipal employer to perform services that are currently being performed
3by its municipal employees only if the municipal employer does all of the following:
SB40-ASA1-AA1,325,64 a. Notifies the labor organization that is recognized or certified to represent the
5municipal employees who are currently performing the services that the municipal
6employer intends to solicit the bids.
SB40-ASA1-AA1,325,157 b. Conducts an internal cost study to determine the total costs incurred by the
8municipal employer in having its municipal employees perform the services. The
9costs determined by this study shall be denominated the "current internal cost." The
10study shall also determine the percentage of the current internal cost that is
11attributable to wages and benefits paid to the municipal employees who perform the
12services and who are represented by the labor organization. This percentage shall
13be denominated the "labor cost ratio" and shall be expressed as a decimal. The
14municipal employer shall keep the study confidential until after all bids solicited
15under subd. 3. have been received by the municipal employer.
SB40-ASA1-AA1,325,2116 3. After conducting the study under subd. 2. b., the municipal employer may
17solicit and receive bids from persons who are not employed by the municipal
18employer to perform any services that are currently being performed by its municipal
19employees. These bids shall be denominated the "preliminary external bids" and
20shall provide for services that are at least substantially similar to those currently
21being performed by the municipal employer's employees.
SB40-ASA1-AA1,326,222 4. No later than 30 days after receiving the final bid under subd. 3., the
23municipal employer shall select the preliminary external bid that the municipal
24employer considers the most advantageous to the municipal employer. The sum of

1the cost of this bid and the municipal employer's cost in administering any contract
2entered into pursuant to the bid shall be denominated the "selected external cost."
SB40-ASA1-AA1,326,113 5. After determining the selected external cost under subd. 4., the municipal
4employer shall subtract that number from an amount equal to 90 percent of the
5current internal cost determined under subd. 2. b. and shall then multiply the result
6by the labor cost ratio determined under subd. 2. b. The product shall be
7denominated the "required labor savings." No later than 5 days after selecting the
8preliminary external bid under subd. 4., the municipal employer shall notify the
9labor organization that represents the municipal employees of the required labor
10savings and shall also provide to the labor organization a copy of the preliminary
11external bid selected under subd. 4.
SB40-ASA1-AA1,326,1712 6. a. If the required labor savings is an amount less than or equal to zero, the
13municipal employer is required to bargain collectively any decision to enter into
14contracts with persons who are not employed by the municipal employer for the
15performance of services for the municipal employer, and the impact of any such
16decision on the wages, hours, and conditions of employment of the municipal
17employees who would otherwise perform those services.
SB40-ASA1-AA1,327,218 b. If the required labor savings is an amount greater than zero, the municipal
19employer is not required to bargain collectively any decision to enter into contracts
20with persons who are not employed by the municipal employer for the performance
21of services for the municipal employer, or the impact of any such decision on the
22wages, hours, and conditions of employment of the municipal employees who would
23otherwise perform those services, unless the labor organization that represents the
24municipal employees notifies the municipal employer, in writing, that the municipal
25employees agree to be subject to the nonbinding arbitration mechanism under subd.

17. The notification must be received by the municipal employer no later than 15 days
2after the municipal employer selects the preliminary external bid under subd. 4.
SB40-ASA1-AA1,327,123 7. a. No later than 30 days after the municipal employer receives the
4notification under subd. 6. b., each party shall submit to an arbitrator a proposal to
5reduce the current internal cost determined under subd. 2. b. by an amount at least
6equal to the required labor savings determined under subd. 5. The reductions
7specified in the proposals shall come entirely from changes to the wages, hours, or
8conditions of employment of the municipal employees who are represented by the
9labor organization. The arbitrator shall be selected using the process under par. (cm)
106. am. The arbitrator may select any item from each proposal to reduce the current
11internal cost determined under subd. 2. b. by an amount at least equal to the required
12labor savings determined under subd. 5.
SB40-ASA1-AA1,327,1813 b. If the labor organization rejects the arbitrator's proposal, the municipal
14employer is not required to bargain collectively the decision to contract with persons
15who are not employed by the municipal employer for the performance of the services
16for the municipal employer, or the impact of any such decision on the wages, hours,
17and conditions of employment of the municipal employees who would otherwise
18perform those services.
SB40-ASA1-AA1,327,2419 c. If the municipal employer rejects the arbitrator's proposal, the municipal
20employer is required to bargain collectively the decision to contract with persons who
21are not employed by the municipal employer for the performance of the services for
22the municipal employer, and the impact of any such decision on the wages, hours, and
23conditions of employment of the municipal employees who would otherwise perform
24those services.
SB40-ASA1-AA1,328,4
1d. If neither party rejects the arbitrator's proposal within 10 days after the
2arbitrator presents the proposal to the parties, the proposal shall be final and
3binding on both parties and shall be incorporated into a collective bargaining
4agreement.
SB40-ASA1-AA1,328,65 e. Any rejection of an arbitrator's proposal under subd. 7. b. or c. shall be made
6no later than 10 days after the arbitrator presents the proposal to the parties.
SB40-ASA1-AA1,328,117 8. If the arbitrator's proposal is not rejected by either party and is incorporated
8into a collective bargaining agreement, the municipal employer may not solicit and
9receive bids from persons who are not employed by the municipal employer to
10perform the service covered by the arbitrator's proposal for a period of 3 years from
11the date that the arbitrator submits his or her proposal to the parties.".
SB40-ASA1-AA1,328,12 121691. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,328,13 13" Section 2666h. 111.70 (4) (m) (title) of the statutes is amended to read:
SB40-ASA1-AA1,328,1414 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.
SB40-ASA1-AA1, s. 2666p 15Section 2666p. 111.70 (4) (pr) of the statutes is created to read:
SB40-ASA1-AA1,328,2316 111.70 (4) (pr) Prohibited subjects of bargaining; counties. In a county, the
17municipal employer is prohibited from bargaining collectively with respect to a
18sheriff's decision to have persons other than municipal employees provide meals to
19inmates, provided that the sheriff determines that the meals can be provided at a cost
20lower than if municipal employees provide the meals. The municipal employer is also
21prohibited from bargaining collectively the impact of that decision on the wages,
22hours, or conditions of employment of the municipal employees who perform those
23services.".
SB40-ASA1-AA1,328,24 241692. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,329,1
1" Section 2680d. 111.91 (2) (nm) of the statutes is created to read:
SB40-ASA1-AA1,329,32 111.91 (2) (nm) The requirements related to continuing coverage for a
3dependent student on a medical leave of absence under s. 632.895 (15).".
SB40-ASA1-AA1,329,4 41693. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,329,5 5" Section 2665g. 114.09 (title) of the statutes is amended to read:
SB40-ASA1-AA1,329,6 6114.09 (title) Reckless Intoxicated and reckless flying; penalty.
SB40-ASA1-AA1, s. 2665h 7Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a)
8(intro.) and amended to read:
SB40-ASA1-AA1,329,99 114.09 (1) (a) (intro.) In this subsection, "drug":
SB40-ASA1-AA1,329,10 101. "Drug" has the meaning specified in s. 450.01 (10).
SB40-ASA1-AA1, s. 2665j 11Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:
SB40-ASA1-AA1,329,1412 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol
13concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00
14if there is a passenger in the aircraft.
SB40-ASA1-AA1, s. 2665L 15Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1.
16and amended to read:
SB40-ASA1-AA1,329,2317 114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground
18or water while under the influence of intoxicating liquor or controlled substances or
19controlled substance analogs under ch. 961 or a combination thereof, under the
20influence of any other drug to a degree which renders him or her incapable of safely
21operating an aircraft, or under the combined influence of intoxicating liquor and any
22other drug to a degree which renders him or her incapable of safely operating an
23aircraft, nor.
SB40-ASA1-AA1,330,5
12. No person may operate an aircraft in the air or on the ground or water in a
2careless or reckless manner so as to endanger the life or property of another. In
3determining whether the operation was careless or reckless the court shall consider
4the standards for safe operation of aircraft prescribed by federal statutes or
5regulations governing aeronautics.
SB40-ASA1-AA1,330,8 63. The court shall make a written report of all convictions, including bail or
7appearance money forfeitures, obtained under this section to the department, which
8shall send the report to the proper federal agency.
SB40-ASA1-AA1, s. 2665n 9Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:
SB40-ASA1-AA1,330,1110 114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground
11if the person has a prohibited alcohol concentration.
SB40-ASA1-AA1, s. 2665r 12Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:
SB40-ASA1-AA1,330,1313 114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:
SB40-ASA1-AA1,330,1514 1. Shall forfeit not less than $150 nor more than $300, except as provided in
15subs. 6. and 7.
SB40-ASA1-AA1,330,2116 2. Except as provided in subd. 6., shall be fined not less than $350 nor more than
17$1,100 and imprisoned for not less than 5 days nor more than 6 months if the number
18of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
19number of suspensions, revocations, and other convictions counted under s. 343.307
20(1) within a 10-year period, equals 2, except that suspensions, revocations, or
21convictions arising out of the same incident or occurrence shall be counted as one.
SB40-ASA1-AA1,331,322 3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
23more than $2,000 and imprisoned for not less than 30 days nor more than one year
24in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
25person's lifetime, plus the total number of suspensions, revocations, and other

1convictions counted under s. 343.307 (1), equals 3, except that suspensions,
2revocations, or convictions arising out of the same incident or occurrence shall be
3counted as one.
SB40-ASA1-AA1,331,104 4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
5more than $2,000 and imprisoned for not less than 60 days nor more than one year
6in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
7person's lifetime, plus the total number of suspensions, revocations, and other
8convictions counted under s. 343.307 (1), equals 4, except that suspensions,
9revocations, or convictions arising out of the same incident or occurrence shall be
10counted as one.
SB40-ASA1-AA1,331,1611 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall
12be fined not less than $600 and imprisoned for not less than 6 months if the number
13of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
14number of suspensions, revocations, and other convictions counted under s. 343.307
15(1), equals 5 or more, except that suspensions, revocations, or convictions arising out
16of the same incident or occurrence shall be counted as one.
SB40-ASA1-AA1,331,2317 6. If there was a minor passenger under 16 years of age in the aircraft at the
18time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the
19applicable minimum and maximum forfeitures, fines, or imprisonment under subd.
201., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or
211m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor
22passenger under 16 years of age in the aircraft is a felony and the place of
23imprisonment shall be determined under s. 973.02.
SB40-ASA1-AA1,331,2524 7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the
25applicable minimum and maximum fines under subd. 3. to 5. are doubled.
SB40-ASA1-AA1,332,2
1b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
2applicable minimum and maximum fines under subd. 3. to 5. are tripled.
SB40-ASA1-AA1,332,43 c. If a person convicted had an alcohol concentration of 0.25 or above, the
4applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.
SB40-ASA1-AA1,332,105 (b) In par. (a) 1. to 5., the time period shall be measured from the dates of the
6refusals or violations that resulted in the revocation or convictions. If a person has
7a suspension, revocation, or conviction for any offense under a local ordinance or a
8state statute of another state that would be counted under s. 343.307 (1), that
9suspension, revocation or conviction shall count as a prior suspension, revocation, or
10conviction under par. (a) 1. to 5.
SB40-ASA1-AA1,332,1711 (bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person
12violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an
13approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the
14person's use of alcohol, controlled substances, or controlled substance analogs and
15development of an airman safety plan for the person. The court shall notify the
16person, the department, and the proper federal agency of the assessment order. The
17assessment order shall:
SB40-ASA1-AA1,332,2418 a. If the person is a resident, refer the person to an approved public treatment
19facility in the county in which the person resides. The facility named in the order
20may provide for assessment of the person in another approved public treatment
21facility. The order shall provide that, if the person is temporarily residing in another
22state, the facility named in the order may refer the person to an appropriate
23treatment facility in that state for assessment and development of an airman safety
24plan for the person satisfying the requirements of that state.
SB40-ASA1-AA1,333,5
1b. If the person is a nonresident, refer the person to an approved public
2treatment facility in this state. The order shall provide that the facility named in the
3order may refer the person to an appropriate treatment facility in the state in which
4the person resides for assessment and development of an airman safety plan for the
5person satisfying the requirements of that state.
SB40-ASA1-AA1,333,126 c. Require a person who is referred to a treatment facility in another state
7under subd. 1. a. or b. to furnish the department written verification of his or her
8compliance from the agency that administers the assessment and airman safety plan
9program. The person shall provide initial verification of compliance within 60 days
10after the date of his or her conviction. The requirement to furnish verification of
11compliance may be satisfied by receipt by the department of such verification from
12the agency that administers the assessment and airman safety plan program.
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