SB66-SSA2,31,320 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
21violation of a county, town, city, village, town sanitary district or public inland lake
22protection and rehabilitation district ordinance, except for an action for a first
23violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
24person who committed the violation had a blood alcohol concentration of 0.08 or more
25but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m)

1(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
2town sanitary district or public inland lake protection and rehabilitation district
3shall pay a nonrefundable fee of $5 to the clerk of circuit court.
SB66-SSA2, s. 74 4Section 74. 814.65 (1) of the statutes is amended to read:
SB66-SSA2,31,155 814.65 (1) Court costs. In a municipal court action, except for an action for
6a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
7(b), if the person who committed the violation had a blood alcohol concentration of
80.08 or more but less than 0.1 at the time of the violation, or
for a violation of an
9ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
10shall collect a fee of not less than $15 nor more than $28 on each separate matter,
11whether it is on default of appearance, a plea of guilty or no contest, on issuance of
12a warrant or summons, or the action is tried as a contested matter. Of each fee
13received by the judge under this subsection, the municipal treasurer shall pay
14monthly $5 to the secretary of administration for deposit in the general fund and
15shall retain the balance for the use of the municipality.
SB66-SSA2, s. 75 16Section 75. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28
17and .... (this act), is repealed and recreated to read:
SB66-SSA2,32,218 814.65 (1) Court costs. In a municipal court action, for a financial
19responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
20conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
21a fee of not less than $15 nor more than $28 on each separate matter, whether it is
22on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
23summons, or the action is tried as a contested matter. Of each fee received by the
24judge under this subsection, the municipal treasurer shall pay monthly $5 to the

1secretary of administration for deposit in the general fund and shall retain the
2balance for the use of the municipality.
SB66-SSA2, s. 76 3Section 76. 814.75 (9m) of the statutes is created to read:
SB66-SSA2,32,44 814.75 (9m) The ignition interlock surcharge under s. 343.301 (5).
SB66-SSA2, s. 77 5Section 77. 814.76 (7m) of the statutes is created to read:
SB66-SSA2,32,66 814.76 (7m) The ignition interlock surcharge under s. 343.301 (5).
SB66-SSA2, s. 78 7Section 78. 814.78 (7m) of the statutes is created to read:
SB66-SSA2,32,88 814.78 (7m) The ignition interlock surcharge under s. 343.301 (5).
SB66-SSA2, s. 79 9Section 79. 814.79 (4r) of the statutes is created to read:
SB66-SSA2,32,1010 814.79 (4r) The ignition interlock surcharge under s. 343.301 (5).
SB66-SSA2, s. 80 11Section 80. 814.85 (1) (a) of the statutes is amended to read:
SB66-SSA2,32,1912 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
1330.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
14violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
15time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use
16violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
17court support services surcharge from any person, including any governmental unit
18as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
19814.63 (1).
SB66-SSA2, s. 81 20Section 81. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
2128 and .... (this act), is repealed and recreated to read:
SB66-SSA2,33,222 814.85 (1) (a) Except for an action for a financial responsibility violation under
23s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
24under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
25support services surcharge from any person, including any governmental unit as

1defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
2(1).
SB66-SSA2, s. 82 3Section 82. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
4section 3240, is amended to read:
SB66-SSA2,33,135 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
6(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
7had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
8violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under
9s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
10information system surcharge from any person, including any governmental unit, as
11defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
12(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
13addition to the surcharge listed in sub. (1m).
SB66-SSA2, s. 83 14Section 83. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
15section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
16read:
SB66-SSA2,33,2317 814.86 (1) Except for an action for a financial responsibility violation under s.
18344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
19under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
20information system surcharge from any person, including any governmental unit, as
21defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
22(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
23addition to the surcharge listed in sub. (1m).
SB66-SSA2, s. 84 24Section 84. 940.09 (1d) of the statutes is repealed and recreated to read:
SB66-SSA2,34,2
1940.09 (1d) A person who violates sub. (1) is subject to the requirements and
2procedures for installation of an ignition interlock device under s. 343.301.
SB66-SSA2, s. 85 3Section 85. 940.25 (1d) of the statutes is repealed and recreated to read:
SB66-SSA2,34,54 940.25 (1d) A person who violates sub. (1) is subject to the requirements and
5procedures for installation of an ignition interlock device under s. 343.301.
SB66-SSA2, s. 86 6Section 86. 969.01 (2) (a) of the statutes is amended to read:
SB66-SSA2,34,117 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
8discretion of the trial court after conviction and prior to sentencing or the granting
9of probation. This paragraph does not apply to a conviction for a 3rd or subsequent
10violation that is counted as a suspension, revocation, or conviction under s. 343.307,
11or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
SB66-SSA2, s. 87 12Section 87. 973.05 (2m) (rm) of the statutes is created to read:
SB66-SSA2,34,1413 973.05 (2m) (rm) To the payment of the ignition interlock surcharge under s.
14343.301 (5) until paid in full.
SB66-SSA2, s. 88 15Section 88. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d)
16and amended to read:
SB66-SSA2,34,2317 973.09 (1) (d) If a person is convicted of an offense that provides a mandatory
18or presumptive minimum period of one year or less of imprisonment, a court may
19place the person on probation under par. (a) if the court requires, as a condition of
20probation, that the person be confined under sub. (4) for at least that mandatory or
21presumptive minimum period. The person is eligible to earn good time credit
22calculated under s. 302.43 regarding the period of confinement. This paragraph does
23not apply if the conviction is for any of the following:
SB66-SSA2, s. 89 24Section 89. 973.09 (1) (d) 1. of the statutes is repealed.
SB66-SSA2, s. 90 25Section 90. 973.09 (1) (d) 2. of the statutes is repealed.
SB66-SSA2, s. 91
1Section 91. 973.09 (1) (d) 3. of the statutes is repealed.
SB66-SSA2, s. 92 2Section 92. 973.09 (2) (am) of the statutes is created to read:
SB66-SSA2,35,53 973.09 (2) (am) Notwithstanding par. (a) 1. d., and except as provided in par.
4(a) 2., for a misdemeanor punishable under s. 346.65 (2) (am) 4., not less than 6
5months nor more than 3 years.
SB66-SSA2, s. 93 6Section 93. 973.15 (8) (a) 3. of the statutes is amended to read:
SB66-SSA2,35,117 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay
8execution of a person's sentence of imprisonment or to the intensive sanctions
9program under this subdivision if the sentence is for a 3rd or subsequent violation
10that is counted as a suspension, revocation, or conviction under s. 343.307, or a
11violation of s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof
.
SB66-SSA2, s. 94 12Section 94 . Nonstatutory provisions.
SB66-SSA2,35,2513 (1) The department of administration, on behalf of and with the assistance of
14the state public defender, district attorneys, the department of justice, and the
15department of corrections, shall, not later than 60 days after the effective date of this
16subsection, submit to the joint committee on finance a request for funding for a
17proposed number of created positions and a request for funding necessary to process
18offenses related to operating a motor vehicle while under the influence of an
19intoxicant, a controlled substance, a controlled substance analog, or any combination
20of an intoxicant, a controlled substance, and a controlled substance analog, under the
21influence of any other drug to a degree that renders him or her incapable of safely
22driving, or under the combined influence of an intoxicant and any other drug to a
23degree that renders him or her incapable of safely driving or operating a motor
24vehicle with a prohibited alcohol concentration or a detectable amount of a restricted
25controlled substance in his or her blood.
SB66-SSA2, s. 95
1Section 95 . Fiscal changes.
SB66-SSA2,36,62 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
3to the joint committee on finance under section 20.865 (4) (a) of the statutes, as
4affected by the acts of 2009, the dollar amount is increased by $15,400,000 for the
5second fiscal year of the fiscal biennium in which this subsection takes effect to fund
6increased state costs associated with this act.
SB66-SSA2, s. 96 7Section 96. Initial applicability.
SB66-SSA2,36,13 8(1) This act first applies to violations that are committed or refusals that occur
9on the effective date of this subsection, but does not preclude the counting of other
10convictions, suspensions, or revocations as prior convictions, suspensions, or
11revocations for purposes of administrative action by the department of
12transportation, sentencing by a court, or revocation or suspension of motor vehicle
13operating privileges.
SB66-SSA2, s. 97 14Section 97. Effective dates. This act takes effect on first day of the 3rd
15month beginning after publication, except as follows:
SB66-SSA2,36,1916 (1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2)
17(b) of the statutes takes effect on the day after publication, or on the date on which
18the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect,
19whichever is later.
SB66-SSA2,36,2320 (2) The repeal of section 346.65 (8) of the statutes, the amendment of section
21346.65 (2) (bm) and (cm), (2j) (bm) and (cm), and (3r) of the statutes, and the creation
22of sections 346.65 (2) (dm) and (2j) (cr) of the statutes and Sections 94 and 95 of this
23act take effect on the day after publication.
SB66-SSA2,37,824 (3) The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title) and (a) and (2),
25and 346.65 (6) of the statutes, the renumbering and amendment of sections 343.301

1(1) (c) and (d) of the statutes, the consolidation, renumbering, and amendment of
2sections 343.301 (1) (b) 1. and 2. of the statutes, the amendment of sections 340.01
3(46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.) and (5) (a) 3., 343.301
4(title), 347.413 (title) and (1), 347.417 (1) and (2), and 347.50 (1s) of the statutes, the
5repeal and recreation of sections 343.305 (10m), 940.09 (1d), and 940.25 (1d) of the
6statutes, and the creation of sections 343.10 (2) (f), 343.301 (1g) and (1m), (3) (b), and
7(5), and 347.50 (1t) of the statutes take effect on the first day of the 9th month
8beginning after publication.
SB66-SSA2,37,109 (4) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86
10(1) of the statutes takes effect on July 1, 2010.
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