AB224,42,19
14(4) Issuing a registry identification card. The department shall issue to the
15applicant a registry identification card within 5 days after approving an application
16under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued
17by the department under sub. (7) (d), a registry identification card shall expire 2
18years from the date of issuance. A registry identification card shall contain all of the
19following:
AB224,42,2020
(a) The name, address, and date of birth of all of the following:
AB224,42,2121
1. The registrant.
AB224,42,2222
2. Each primary caregiver, if the registrant is a qualifying patient.
AB224,42,2323
3. The qualifying patient, if the registrant is a primary caregiver.
AB224,42,2424
(b) The date of issuance and expiration date of the registry identification card.
AB224,42,2525
(c) A photograph of the registrant.
AB224,43,1
1(d) Other information the department may require by rule.
AB224,43,8
2(5) Additional information to be provided by registrant. (a) 1. An adult
3registrant shall notify the department of any change in the registrant's name and
4address. An adult registrant who is a qualifying patient shall notify the department
5of any change in his or her physician, of any significant improvement in his or her
6health as it relates to his or her debilitating medical condition or treatment, and if
7a registered primary caregiver no longer assists the registrant with the medical use
8of tetrahydrocannabinols.
AB224,43,129
2. If a qualifying patient is a child, a primary caregiver for the child shall
10provide the department with any information that the child, if he or she were an
11adult, would have to provide under subd. 1. within 10 days after the date of the
12change to which the information relates.
AB224,43,1713
(b) If a registrant fails to notify the department within 10 days after any change
14for which notification is required under par. (a) 1., his or her registry identification
15card is void. If a registrant fails to comply with par. (a) 2., the registry identification
16card for the qualifying patient to whom the information under par. (a) 2. relates is
17void.
AB224,43,2118
(c) If a qualifying patient's registry identification card becomes void under par.
19(b), the registry identification card for each of the qualifying patient's primary
20caregivers is void. The department shall send written notice of this fact to each such
21primary caregiver.
AB224,43,22
22(6) Records. (a) The department shall maintain a list of all registrants.
AB224,43,2523
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
24may not disclose information from an application submitted or a registry
25identification card issued under this section.
AB224,44,4
1(c) The department may disclose to state or local law enforcement agencies
2information from an application submitted by, or from a registry identification card
3issued to, a specific person under this section, for the purpose of verifying that the
4person possesses a valid registry identification card.
AB224,44,6
5(7) Rules. The department shall promulgate rules to implement this section,
6including the rules required under sub. (2) (c) and rules doing all of the following:
AB224,44,77
(a) Creating forms for applications to be used under sub. (2).
AB224,44,98
(b) Specifying how the department will verify the truthfulness of information
9
submitted on an application under sub. (2).
AB224,44,1110
(c) Specifying how and under what circumstances registry identification cards
11may be renewed.
AB224,44,1312
(d) Specifying how and under what changed circumstances a registry
13identification card may be revoked.
AB224,44,1514
(e) Specifying under what circumstances an applicant whose application is
15denied may reapply.
AB224,44,1916
(f) Listing each state, district, commonwealth, territory, or insular possession
17thereof that, by issuing an out-of-state registry identification card, allows the
18medical use of marijuana by a visiting qualifying patient or allows a person to assist
19with a visiting qualifying patient's medical use of marijuana.
AB224,44,2320
(g) Creating guidelines for issuing registry identification cards, and for
21obtaining and distributing marijuana for the medical use of tetrahydrocannabinols,
22to persons under the care of the department who have a debilitating medical
23condition or treatment.
AB224,62
24Section
62. 146.81 (1) (L) of the statutes is amended to read:
AB224,44,2525
146.81
(1) (L) A hospice licensed under subch.
IV VI of ch. 50.
AB224,63
1Section
63. 146.997 (1) (d) 18. of the statutes is amended to read:
AB224,45,22
146.997
(1) (d) 18. A hospice licensed under subch.
IV VI of ch. 50.
AB224,64
3Section
64. 149.14 (3) (nm) of the statutes is amended to read:
AB224,45,54
149.14
(3) (nm) Hospice care provided by a hospice licensed under subch.
IV 5VI of ch. 50.
AB224,65
6Section
65. 289.33 (3) (d) of the statutes is amended to read:
AB224,45,247
289.33
(3) (d) "Local approval" includes any requirement for a permit, license,
8authorization, approval, variance or exception or any restriction, condition of
9approval or other restriction, regulation, requirement or prohibition imposed by a
10charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
11a town, city, village, county or special purpose district, including without limitation
12because of enumeration any ordinance, resolution or regulation adopted under s.
1391.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
14(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
15(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
16(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
17(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25)
(a), and (26), 59.55 (3),
18(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1959.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
20(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
21and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
2261.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
2387.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
24of ch. 91.
AB224,66
25Section
66. 340.01 (50m) (a) of the statutes is amended to read:
AB224,46,2
1340.01
(50m) (a) A controlled substance included in schedule I under ch. 961
2other than a tetrahydrocannabinol.
AB224,67
3Section
67. 340.01 (50m) (e) of the statutes is repealed.
AB224,68
4Section
68. 340.01 (66m) of the statutes is created to read:
AB224,46,65
340.01
(66m) "Tetrahydrocannabinols concentration" has the meaning given
6in s. 23.33 (1) (k).
AB224,69
7Section
69. 343.10 (5) (a) 1. of the statutes is amended to read:
AB224,46,198
343.10
(5) (a) 1. In addition to any restrictions appearing on the former
9operator's license of the applicant, the occupational license shall contain definite
10restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
11type of occupation and areas or routes of travel which are permitted under the
12license. The occupational license may permit travel to and from church during
13specified hours if the travel does not exceed the restrictions as to hours of the day and
14hours per week in this subdivision. The occupational license may permit travel
15necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
16if the travel does not exceed the restrictions as to hours of the day and hours per week
17in this subdivision. The occupational license may contain restrictions on the use of
18alcohol
, of tetracannabinols, and of controlled substances and controlled substance
19analogs in violation of s. 961.41.
AB224,70
20Section
70. 343.10 (5) (a) 2. of the statutes is amended to read:
AB224,46,2521
343.10
(5) (a) 2. If the applicant has 2 or more convictions, suspensions or
22revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
23the applicant from driving or operating a motor vehicle while he or she has an alcohol
24concentration of more than 0.0
or a tetrahydrocannabinols concentration of more
25than 0.0.
AB224,71
1Section
71. 343.12 (7) (a) 11. of the statutes is amended to read:
AB224,47,42
343.12
(7) (a) 11. Operating a motor vehicle while under the legal drinking age
3with a prohibited alcohol concentration under s. 346.63 (2m)
or while under the legal
4age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p).
AB224,72
5Section
72. 343.16 (2) (b) of the statutes is amended to read:
AB224,48,46
343.16
(2) (b)
Specific requirements. The standards developed by the
7department under par. (c) shall provide that the examination for persons making
8their first application for an operator's license shall include a test of the applicant's
9eyesight, ability to read and understand highway signs regulating, warning and
10directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26,
11understanding of fuel-efficient driving habits and the relative costs and availability
12of other modes of transportation, knowledge of the need for anatomical gifts and the
13ability to make an anatomical gift through the use of a donor card issued under s.
14343.175 (2), and an actual demonstration of ability to exercise ordinary and
15reasonable control in the operation of a motor vehicle. The test of knowledge of the
16traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to
17343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the
18consumption of alcohol beverages
and tetrahydrocannabinols. The test of knowledge
19may also include questions on the social, medical and economic effects of alcohol and
20other drug abuse. The examination of applicants for authorization to operate `Class
21M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including
22proper eye protection to be worn during hours of darkness. The department may
23require persons changing their residence to this state from another jurisdiction and
24persons applying for a reinstated license after termination of a revocation period to
25take all or parts of the examination required of persons making their first application
1for an operator's license. Any applicant who is required to give an actual
2demonstration of ability to exercise ordinary and reasonable control in the operation
3of a motor vehicle shall furnish a representative vehicle in safe operating condition
4for use in testing ability.
AB224,73
5Section
73. 343.16 (5) (a) of the statutes is amended to read:
AB224,49,46
343.16
(5) (a) The secretary may require any applicant for a license or any
7licensed operator to submit to a special examination by such persons or agencies as
8the secretary may direct to determine incompetency, physical or mental disability,
9disease, or any other condition that might prevent such applicant or licensed person
10from exercising reasonable and ordinary control over a motor vehicle. If the
11department requires the applicant to submit to an examination, the applicant shall
12pay for the examination. If the department receives an application for a renewal or
13duplicate license after voluntary surrender under s. 343.265 or receives a report from
14a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
15prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
16department has a report of 2 or more arrests within a one-year period for any
17combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
18s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
19in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
20s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
21vehicle, the department shall determine, by interview or otherwise, whether the
22operator should submit to an examination under this section. The examination may
23consist of an assessment. If the examination indicates that education or treatment
24for a disability, disease
, or condition concerning the use of alcohol, a controlled
25substance or a controlled substance analog
, or tetrahydrocannabinols is appropriate,
1the department may order a driver safety plan in accordance with s. 343.30 (1q). If
2there is noncompliance with assessment or the driver safety plan, the department
3shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
4(d).
AB224,74
5Section
74. 343.30 (1p) of the statutes is amended to read:
AB224,49,126
343.30
(1p) Notwithstanding sub. (1), a court shall suspend the operating
7privilege of a person for 3 months upon the person's conviction by the court for
8violation of s. 346.63 (2m)
or (2p) or a local ordinance in conformity with s. 346.63
9(2m)
or (2p). If there was a minor passenger under 16 years of age in the motor
10vehicle at the time of the violation that gave rise to the conviction under s. 346.63
11(2m)
or (2p) or a local ordinance in conformity with s. 346.63 (2m)
or (2p), the court
12shall suspend the operating privilege of the person for 6 months.
AB224,75
13Section
75. 343.30 (1q) (h) of the statutes is amended to read:
AB224,49,2314
343.30
(1q) (h) The court or department shall provide that the period of
15suspension or revocation imposed under this subsection shall be reduced by any
16period of suspension or revocation previously served under s. 343.305 if the
17suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
18(1)
or, (2m)
, or (2p) or a local ordinance in conformity therewith arise out of the same
19incident or occurrence. The court or department shall order that the period of
20suspension or revocation imposed under this subsection run concurrently with any
21period of time remaining on a suspension or revocation imposed under s. 343.305
22arising out of the same incident or occurrence. The court may modify an occupational
23license authorized under s. 343.305 (8) (d) in accordance with this subsection.
AB224,76
24Section
76. 343.305 (2) of the statutes is amended to read:
AB224,50,14
1343.305
(2) Implied consent. Any person who is on duty time with respect to
2a commercial motor vehicle or drives or operates a motor vehicle upon the public
3highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
4given consent to one or more tests of his or her breath, blood or urine, for the purpose
5of determining the presence or quantity in his or her blood or breath, of alcohol,
6tetrahydrocannabinols, controlled substances, controlled substance analogs or other
7drugs, or any combination of alcohol,
tetrahydrocannabinols, controlled substances,
8controlled substance analogs and other drugs, when requested to do so by a law
9enforcement officer under sub. (3) (a) or (am) or when required to do so under sub.
10(3) (ar) or (b). Any such tests shall be administered upon the request of a law
11enforcement officer. The law enforcement agency by which the officer is employed
12shall be prepared to administer, either at its agency or any other agency or facility,
132 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests
14shall be administered first.
AB224,77
15Section
77. 343.305 (3) (a) of the statutes is amended to read:
AB224,50,2216
343.305
(3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m)
, (2p), 17or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2)
18or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
19arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
20the person to provide one or more samples of his or her breath, blood or urine for the
21purpose specified under sub. (2). Compliance with a request for one type of sample
22does not bar a subsequent request for a different type of sample.
AB224,78
23Section
78. 343.305 (3) (am) of the statutes is amended to read:
AB224,51,824
343.305
(3) (am) Prior to arrest, a law enforcement officer may request the
25person to provide one or more samples of his or her breath, blood or urine for the
1purpose specified under sub. (2) whenever a law enforcement officer detects any
2presence of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
3substance analog or other drug, or a combination thereof, on a person driving or
4operating or on duty time with respect to a commercial motor vehicle or has reason
5to believe the person is violating or has violated s. 346.63 (7). Compliance with a
6request for one type of sample does not bar a subsequent request for a different type
7of sample. For the purposes of this paragraph, "law enforcement officer" includes
8inspectors in the performance of duties under s. 110.07 (3).
AB224,79
9Section
79. 343.305 (3) (ar) 1. of the statutes is amended to read:
AB224,51,2110
343.305
(3) (ar) 1. If a person is the operator of a vehicle that is involved in an
11accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any
12person, and a law enforcement officer detects any presence of alcohol,
13tetrahydrocannabinols, a controlled substance, a controlled substance analog or
14other drug, or a combination thereof, the law enforcement officer may request the
15operator to provide one or more samples of his or her breath, blood, or urine for the
16purpose specified under sub. (2). Compliance with a request for one type of sample
17does not bar a subsequent request for a different type of sample. A person who is
18unconscious or otherwise not capable of withdrawing consent is presumed not to
19have withdrawn consent under this subdivision and one or more samples specified
20in par. (a) or (am) may be administered to the person. If a person refuses to take a
21test under this subdivision, he or she may be arrested under par. (a).
AB224,80
22Section
80. 343.305 (3) (b) of the statutes is amended to read:
AB224,52,723
343.305
(3) (b) A person who is unconscious or otherwise not capable of
24withdrawing consent is presumed not to have withdrawn consent under this
25subsection, and if a law enforcement officer has probable cause to believe that the
1person has violated s. 346.63 (1), (2m)
, (2p), or (5) or a local ordinance in conformity
2therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
3use of a vehicle, or detects any presence of alcohol,
tetrahydrocannabinols, controlled
4substance, controlled substance analog or other drug, or a combination thereof, on
5a person driving or operating or on duty time with respect to a commercial motor
6vehicle or has reason to believe the person has violated s. 346.63 (7), one or more
7samples specified in par. (a) or (am) may be administered to the person.
AB224,81
8Section
81. 343.305 (5) (b) of the statutes is amended to read:
AB224,52,189
343.305
(5) (b) Blood may be withdrawn from the person arrested for violation
10of s. 346.63 (1), (2), (2m),
(2p), (5), or (6) or 940.25, or s. 940.09 where the offense
11involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
12(2m),
(2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
13quantity of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
14substance analog, or any other drug, or any combination of alcohol, controlled
15substance, controlled substance analog, and any other drug in the blood only by a
16physician, registered nurse, medical technologist, physician assistant, phlebotomist,
17or other medical professional who is authorized to draw blood, or person acting under
18the direction of a physician.
AB224,82
19Section
82. 343.305 (5) (d) of the statutes is amended to read:
AB224,53,1720
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
21out of the acts committed by a person alleged to have been driving or operating a
22motor vehicle while under the influence of an intoxicant, a controlled substance, a
23controlled substance analog or any other drug, or under the influence of any
24combination of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
25substance analog and any other drug, to a degree which renders him or her incapable
1of safely driving, or under the combined influence of an intoxicant and any other drug
2to a degree which renders him or her incapable of safely driving, or having a
3prohibited alcohol
or tetrahydrocannabinols concentration, or alleged to have been
4driving or operating or on duty time with respect to a commercial motor vehicle while
5having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
6regardless of its alcohol content, or within 4 hours of having consumed or having been
7under the influence of an intoxicating beverage, regardless of its alcohol content, or
8of having an alcohol concentration of 0.04 or more, the results of a test administered
9in accordance with this section are admissible on the issue of whether the person was
10under the influence of an intoxicant, a controlled substance, a controlled substance
11analog or any other drug, or under the influence of any combination of alcohol,
12tetrahydrocannabinols, a controlled substance, a controlled substance analog and
13any other drug, to a degree which renders him or her incapable of safely driving or
14under the combined influence of an intoxicant and any other drug to a degree which
15renders him or her incapable of safely driving or any issue relating to the person's
16alcohol concentration. Test results shall be given the effect required under s.
17885.235.
AB224,83
18Section
83. 343.305 (5) (dm) of the statutes is created to read:
AB224,53,2419
343.305
(5) (dm) At the trial of any civil or criminal action or proceeding arising
20out of the acts committed by a person alleged to have been driving or operating a
21motor vehicle while having a tetrahydrocannabinols concentration at or above
22specified levels, the results of a blood test administered in accordance with this
23section are admissible on any issue relating to the tetrahydrocannabinols
24concentration. Test results shall be given the effect required under s. 885.235.
AB224,84
25Section
84. 343.305 (7) (a) of the statutes is amended to read:
AB224,54,6
1343.305
(7) (a) If a person submits to chemical testing administered in
2accordance with this section and any test results indicate the presence of a detectable
3amount of a restricted controlled substance in the person's blood or a prohibited
4alcohol
or tetrahydrocannabinols concentration, the law enforcement officer shall
5report the results to the department. The person's operating privilege is
6administratively suspended for 6 months.
AB224,85
7Section
85. 343.305 (8) (b) 2. bm. of the statutes is amended to read:
AB224,54,108
343.305
(8) (b) 2. bm. Whether the person had a prohibited alcohol
or
9tetrahydrocannabinols concentration or a detectable amount of a restricted
10controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,86
11Section
86. 343.305 (8) (b) 2. d. of the statutes is amended to read:
AB224,54,1512
343.305
(8) (b) 2. d. If one or more tests were administered in accordance with
13this section, whether each of the test results for those tests indicate the person had
14a prohibited alcohol
or tetrahydrocannabinols concentration or a detectable amount
15of a restricted controlled substance in his or her blood.
AB224,87
16Section
87. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB224,54,2117
343.305
(8) (b) 4m. a. A blood test administered in accordance with this section
18indicated that the person had a detectable amount of methamphetamine
, or 19gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol or a prohibited
20tetrahydrocannabinols concentration but did not have a detectable amount of any
21other restricted controlled substance in his or her blood.
AB224,88
22Section
88. 343.305 (8) (b) 5. b. of the statutes is amended to read:
AB224,54,2523
343.305
(8) (b) 5. b. The person did not have a prohibited alcohol
or
24tetrahydrocannabinols concentration or a detectable amount of a restricted
25controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,89
1Section
89. 343.305 (8) (b) 6. b. of the statutes is amended to read:
AB224,55,42
343.305
(8) (b) 6. b. The person had a prohibited alcohol
or
3tetrahydrocannabinols concentration or a detectable amount of a restricted
4controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,90
5Section
90. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB224,55,186
343.305
(9) (a) 5. a. Whether the officer had probable cause to believe the
7person was driving or operating a motor vehicle while under the influence of alcohol,
8tetrahydrocannabinols, a controlled substance or a controlled substance analog or
9any combination of alcohol,
tetrahydrocannabinols, a controlled substance and a
10controlled substance analog, under the influence of any other drug to a degree which
11renders the person incapable of safely driving, or under the combined influence of
12alcohol and any other drug to a degree which renders the person incapable of safely
13driving, having a restricted controlled substance in his or her blood, or having a
14prohibited alcohol
or tetrahydrocannabinols concentration or, if the person was
15driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or
16more and whether the person was lawfully placed under arrest for violation of s.
17346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
18(6), 940.09 (1) or 940.25.
AB224,91
19Section
91. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB224,55,2320
343.305
(9) (am) 5. a. Whether the officer detected any presence of alcohol,
21tetrahydrocannabinols, controlled substance, controlled substance analog or other
22drug, or a combination thereof, on the person or had reason to believe that the person
23was violating or had violated s. 346.63 (7).
AB224,92
24Section
92. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB224,56,6
1343.305
(9) (am) 5. c. Whether the person refused to permit the test. The person
2shall not be considered to have refused the test if it is shown by a preponderance of
3evidence that the refusal was due to a physical inability to submit to the test due to
4a physical disability or disease unrelated to the use of alcohol,
5tetrahydrocannabinols, controlled substances, controlled substance analogs or other
6drugs.
AB224,93
7Section
93. 343.305 (9) (d) of the statutes is amended to read:
AB224,56,158
343.305
(9) (d) At the close of the hearing, or within 5 days thereafter, the court
9shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
10adversely to the person, the court shall proceed under sub. (10). If one or more of the
11issues is determined favorably to the person, the court shall order that no action be
12taken on the operating privilege on account of the person's refusal to take the test in
13question. This section does not preclude the prosecution of the person for violation
14of s. 346.63 (1), (2m),
(2p), (5) or (7) or a local ordinance in conformity therewith, or
15s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB224,94
16Section
94. 343.305 (10) (em) of the statutes is amended to read:
AB224,57,217
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
18intoxication regarding a person arrested for a violation of s. 346.63 (2m)
, (2p), or (7)
19or a local ordinance in conformity therewith is revocation of the person's operating
20privilege for 6 months. If there was a minor passenger under 16 years of age in the
21motor vehicle at the time of the incident that gave rise to the improper refusal, the
22revocation period is 12 months. After the first 15 days of the revocation period, the
23person is eligible for an occupational license under s. 343.10. Any such improper
24refusal or revocation for the refusal does not count as a prior refusal or a prior
25revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
1shall not be required to submit to and comply with any assessment or driver safety
2plan under pars. (c) and (d).
AB224,95
3Section
95. 343.307 (1) (d) of the statutes is amended to read: