AB572: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB572, s. 1 Section 1. 16.75 (1) (a) 1. of the statutes is amended to read:

AB572,4,9 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 110.10 (2) (b), 287.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB572, s. 2 Section 2. 20.395 (5) (er) of the statutes is created to read:

AB572,4,15 20.395 (5) (er) Ignition interlock device program, state funds. All moneys received under ss. 343.10 (6) (b) and 343.21 (1) (j) 2. that are credited to this appropriation, for the ignition interlock device program under s. 110.10, for educational and informational materials and technical equipment related to that program and for grants under s. 85.55.

AB572, s. 3 Section 3. 85.01 (2m) of the statutes is created to read:

AB572,4,17 85.01 (2m) "Municipality" means a city, village or town.

AB572, s. 4 Section 4. 85.022 (3) of the statutes is amended to read:

AB572,4,20 85.022 (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town municipality or county.

AB572, s. 5 Section 5. 85.024 (1) of the statutes is amended to read:

AB572,4,23 85.024 (1) In this section, "political subdivision" means a municipality or county, city, village or town.

AB572, s. 6 Section 6. 85.063 (1) (b) of the statutes is amended to read:

AB572,5,3 85.063 (1) (b) "Urban area" means any area that includes a city, village or town municipality having a population of 50,000 or more that is appropriate, in the judgment of the department, for an urban rail transit system.

AB572, s. 7 Section 7. 85.065 (1) (a) (intro.) of the statutes is amended to read:

AB572,5,10 85.065 (1) (a) (intro.) Any municipality or county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:

AB572, s. 8 Section 8. 85.08 (2) (i) of the statutes is amended to read:

AB572,5,16 85.08 (2) (i) To make and execute contracts with the federal government, any other state or any municipality, county, city, village, town, railroad, or any transit commission organized under s. 59.58 (3), 66.30 or 66.943, to ensure the continuance and improvement of quality transportation service at reasonable rates or to provide for rail service on rail property owned by the state.

AB572, s. 9 Section 9. 85.08 (4m) (b) 1. of the statutes is amended to read:

AB572,5,20 85.08 (4m) (b) 1. "Eligible applicant" means a county, or municipality or town or agency thereof, a railroad, a current or potential user of freight rail service or a transit commission organized under s. 59.58 (3), 66.30 or 66.943.

AB572, s. 10 Section 10. 85.08 (4m) (e) 2. d. of the statutes is amended to read:

AB572,5,25 85.08 (4m) (e) 2. d. Relocation of a freight rail off-loading facility that has been agreed to by the owner of the facility; the city, village or town municipality in which the facility is located; and the city, village or town municipality in which the facility will be relocated.

AB572, s. 11 Section 11. 85.08 (5) (a) 1. of the statutes is amended to read:

AB572,6,3 85.08 (5) (a) 1. A city, town or village municipality with a population of 4,000 or less.

AB572, s. 12 Section 12. 85.08 (5) (a) 2. of the statutes is amended to read:

AB572,6,6 85.08 (5) (a) 2. A city, town or village municipality that is located in a county with a population density of less than 150 persons per square mile.

AB572, s. 13 Section 13. 85.09 (1) (b) of the statutes is repealed.

AB572, s. 14 Section 14. 85.095 (1) (a) of the statutes is amended to read:

AB572,6,10 85.095 (1) (a) "Eligible applicant" means a county , or municipality, town or agency thereof or a board of harbor commissioners organized under s. 30.37.

AB572, s. 15 Section 15. 85.095 (4) of the statutes is amended to read:

AB572,6,15 85.095 (4) Harbor improvements on Mississippi river. An eligible applicant may receive a grant under this section for harbor improvements located on an island in the Mississippi River regardless of the state in which the island is located if the island is owned by a city, village, town municipality or county in this state.

AB572, s. 16 Section 16. 85.55 of the statutes is created to read:

AB572,6,23 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. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (er).

AB572, s. 17 Section 17. 110.10 of the statutes is created to read:

AB572,6,25 110.10 Ignition interlock device program. (1) In this section:

AB572,7,2 (a) "Restricted operator" means a person whose operating privilege is restricted to operating only motor vehicles equipped with an ignition interlock device.

AB572,7,4 (b) "Service provider" means a person who has contracted with the department to provide services under this section.

AB572,7,5 (2) The department shall do all of the following:

AB572,7,8 (a) Develop and administer an ignition interlock device program that assists a person in complying with a court order restricting the person's operating privilege to operating only motor vehicles equipped with an ignition interlock device.

AB572,7,12 (b) Contract with a person to provide services required under sub. (3). The department shall contract only with a person who has at least 2 years' full-time field experience providing and servicing ignition interlock devices. The requirements of s. 16.75 (1) to (5) do not apply to contracts made under this paragraph.

AB572,7,14 (c) Amend its vehicle registration records to reflect the installation or removal of an ignition interlock device upon receiving notice under sub. (3) (g).

AB572,7,15 (d) Promulgate rules to implement this section.

AB572,7,17 (3) A contract under sub. (2) (b) shall require the service provider to do all of the following:

AB572,7,20 (a) Use only ignition interlock devices approved by the department and manufactured by a manufacturer that has 500 or more devices in service in the United States or Canada.

AB572,7,25 (am) Create and implement a service delivery plan under which any restricted operator may obtain routine service of an installed ignition interlock device within a 60-mile radius of his or her place of residence. The service delivery plan shall make installation of an ignition interlock device available to any restricted operator within a 150-mile radius of his or her place of residence.

AB572,8,2 (b) Service at least once every 2 months each ignition interlock device installed by the service provider.

AB572,8,4 (c) Provide a 24-hour toll-free telephone number for information and services related to the contract.

AB572,8,8 (d) Return any telephone call requesting service of an ignition interlock device installed by the service provider within 45 minutes after receiving the call and repair or replace any defective ignition interlock device within 48 hours after receiving a call requesting service of the device.

AB572,8,10 (e) Install devices within 15 days after receiving a request to install an ignition interlock device.

AB572,8,12 (g) Provide the department, within 2 business days after installing or removing an ignition interlock device, with notice of the installation or removal.

AB572,8,16 (h) Provide the department, within 2 business days after inspecting an installed ignition interlock device, with notice of evidence of any tampering with, circumventing, or bypassing an ignition interlock device or of resetting violations recorded by the device.

AB572,8,19 (i) Provide the department with monthly reports summarizing electronic data from the ignition interlock devices in a format that is agreed upon by the department and the service provider.

AB572,8,23 (im) Provide the department with all of the software that is reasonably required by the department to access and interpret the data collected by an ignition interlock device or submitted under pars. (h) and (i) and with any technical support that is necessary to use the software.

AB572,8,25 (j) Provide the department in a timely manner with any other information reasonably requested by the department.

AB572,9,2 (k) Cooperate with any study by the department or the legislature of the ignition interlock device program.

AB572,9,3 (L) Provide all required services and products at no cost to the state.

AB572,9,5 (m) Provide the owner of the vehicle with a program of instruction on the proper use of the ignition interlock device.

AB572,9,7 (n) Refuse to install an ignition interlock device unless the person has completed the program of instruction under par. (m).

AB572,9,8 (4) No service provider may do any of the following:

AB572,9,10 (a) Contract with any person to have that person provide any services that are required to be performed by the service provider under sub. (3).

AB572,9,12 (b) Allow any business to be conducted from its service centers other than business directly related to providing service required under this section.

AB572,9,16 (5) A service provider may charge a restricted operator a periodic fee for services provided under this section. The amount of the fee shall be uniform statewide. No service provider may increase the fee charged to any person while that person is a restricted operator.

AB572, s. 18 Section 18. 340.01 (23v) of the statutes is amended to read:

AB572,9,21 340.01 (23v) "Ignition interlock device" means a device which measures the person's alcohol concentration and which is installed on a vehicle in such a manner that the vehicle will not start if the sample shows that the person has a prohibited an alcohol concentration of 0.04 or more.

AB572, s. 19 Section 19. 343.10 (2) (a) 1. of the statutes is amended to read:

AB572,9,25 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under s. 961.50 or under this chapter or ch. 344 or s. 161.50, except under s. 344.40, within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40. This subdivision does not apply to a person applying for an occupational license whose license or operating privilege is currently revoked or suspended because of a conviction, suspension or revocation, as counted under s. 343.307 (1).

AB572, s. 20 Section 20. 343.10 (2) (e) of the statutes is amended to read:

AB572,10,12 343.10 (2) (e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior any convictions, suspensions or revocations, as counted under s. 343.307 (1), within the previous 10-year period, no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.

AB572, s. 21 Section 21. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) 1. a. and amended to read:

AB572,11,3 343.10 (5) (a) 1. a. In addition to any restrictions appearing on the former operator's license of the applicant and except as provided in this subd. 1. a., the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The restrictions under this subd. 1. a. do not apply to an occupational license that restricts the applicant's operation under the occupational license to motor vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6).

AB572,11,5 b. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41.

AB572, s. 22 Section 22. 343.10 (5) (a) 3. of the statutes is amended to read:

AB572,12,5 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations any conviction, suspension or revocation, as counted under s. 343.307 (1), within the previous 10-year period, the occupational license of the applicant may shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6). The ignition interlock device restriction under this subdivision does not apply if an applicant has only one conviction, as counted under s. 343.307 (1), within the previous 10-year period, the conviction resulted from the person having an alcohol concentration of less than 0.18, as reported to the department under s. 343.305 (7) (a), and the applicant does not have any suspension or revocation as the result of the refusal to submit to chemical testing, as counted under s. 343.307 (1) (e) or (f), within the previous 10-year period. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. In addition to the penalties under sub. (8), if a person requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, the period of the ignition interlock device restriction shall be increased by the amount of time from the issuance of the restricted occupational license under this subdivision to the date of violation of the ignition interlock device restriction.

AB572, s. 23 Section 23. 343.10 (5) (a) 4. of the statutes is created to read:

AB572,12,12 343.10 (5) (a) 4. If the department issues a person an occupational license under sub. (7) restricted to operating motor vehicles equipped with an ignition interlock device, the department shall inform the person of the ignition interlock program under s. 110.10 and that he or she is liable for the reasonable costs of equipping any motor vehicle that he or she operates with a functioning ignition interlock device.

AB572, s. 24 Section 24. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB572,12,17 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department 59.25 (3) (m).

AB572, s. 25 Section 25. 343.10 (6) (b) of the statutes is created to read:

AB572,12,23 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB572, s. 26 Section 26. 343.10 (7) (cm) of the statutes is amended to read:

AB572,13,5 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any a motor vehicle that the applicant will be permitted to operate has been equipped with a functioning ignition interlock device obtained from a service provider under s. 110.10.

AB572, s. 27 Section 27. 343.10 (8) (a) (intro.) of the statutes is amended to read:

AB572,13,9 343.10 (8) (a) (intro.) Any Except as provided under par. (ai), any person who violates any restriction of an occupational license, in addition to the immediate revocation of the license:

AB572, s. 28 Section 28. 343.10 (8) (ai) of the statutes is created to read:

AB572,13,13 343.10 (8) (ai) Any person who violates an occupational license restriction that requires him or her to only operate vehicles that are equipped with an ignition interlock device:

AB572,13,15 1. Shall forfeit not less than $150 nor more than $600, except as provided in subd. 2.