AB266: Bill Text

AB266,17,24 (b) If the court finds that the person who is subject to an order under whose operating privilege is restricted pursuant to sub. (1g) submits proof to the court that he or she has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2), the court shall limit the give the person a notice to provide to the person's ignition interlock device provider indicating that the person's liability under par. (a) is limited to one-half of the provider's customary cost of equipping each one motor vehicle with an ignition interlock device and one-half of the provider's customary cost per day per vehicle of maintaining the ignition interlock device.

AB266,31 Section 31. 343.301 (4) of the statutes is amended to read:

AB266,18,12 343.301 (4) A No person to whom an order whose operating privileges are restricted under sub. (1g) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects or who is issued prior to conviction, an ignition interlock restricted license, may operate a motor vehicle that is not equipped with an ignition interlock device, remove or disconnect an ignition interlock device, requests or permits from a motor vehicle he or she is operating or intends to operate, request or permit 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, or otherwise tampers with or circumvents tamper or circumvent the operation of the ignition interlock device.

AB266,32 Section 32. 343.301 (5) of the statutes is amended to read:

AB266,18,18 343.301 (5) If the court enters an order A person whose operating privilege is restricted under sub. (1g), the court shall impose and the person shall pay to the clerk of court, at the time his or her operating privilege is revoked for an offense counted under s. 343.307 (1), an ignition interlock surcharge of $50 to the clerk of court. The clerk of court shall transmit the amount to the county treasurer.

AB266,33 Section 33. 343.305 (8) (a) of the statutes is amended to read:

AB266,19,4 343.305 (8) (a) The law enforcement officer shall notify the person of the administrative suspension under sub. (7) (a). The notice shall advise the person that his or her operating privilege will be administratively suspended and that he or she has the right to obtain administrative and judicial review under this subsection, but that if he or she does not request an administrative or judicial review he or she may be eligible to receive an ignition interlock restricted license under s. 343.105 immediately. This notice of administrative suspension serves as a 30-day temporary license. An administrative suspension under sub. (7) (a) becomes effective at the time the 30-day temporary license expires. The officer shall submit or mail a copy of the notice to the department.

AB266,34 Section 34. 343.305 (8) (am) of the statutes is renumbered 343.305 (8) (am) (intro.) and amended to read:

AB266,19,11 343.305 (8) (am) (intro.) The department shall prepare and approve information forms and applications for distribution under this paragraph. Upon issuing a notice of suspension to a person under par. (a), a law enforcement officer shall provide the person with a separate the following forms in addition to the notice of administrative suspension:

AB266,19,21 1. A form for the person to use to request the administrative review under this subsection. The form shall clearly indicate how to request an administrative review and shall clearly notify the person that this form must be submitted within 10 days from the notice date indicated on the form or the person's hearing rights will be deemed waived. The form shall, in no less than 16-point boldface type, be titled: IMPORTANT NOTICE — RESPOND WITHIN TEN (10) DAYS. The form shall clearly indicate that if the person requests a review and the suspension is sustained, he or she is not eligible to receive an occupational license under s. 343.10 until 45 days, or an ignition interlock restricted license under s. 343.105 until 15 days, after the final determination sustaining the suspension occurs.

AB266,35 Section 35. 343.305 (8) (am) 2. and 3. of the statutes are created to read:

AB266,20,7 343.305 (8) (am) 2. A form that explains the procedure for applying for an occupational license under s. 343.10 or an ignition interlock restricted license under s. 343.105. The form shall clearly indicate that the person may apply for an ignition interlock restricted license at any time and that the person may be eligible to receive the ignition interlock restricted license immediately after he or she receives notice that his or her operating privilege has been suspended under sub. (7) if he or she does not request an administrative review of the suspension. The form shall provide information on how and where to have an ignition interlock device that is approved by the department installed. The form shall clearly indicate that the person may be eligible for an occupational license under s. 343.10 45 days after his or her arrest.

AB266,20,8 3. An application form for an ignition interlock restricted license.

AB266,36 Section 36. 343.305 (8) (d) of the statutes is repealed.

AB266,37 Section 37. 343.305 (9) (a) (intro.) of the statutes is amended to read:

AB266,21,6 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege and an application form for an ignition interlock restricted license to the person and submit or mail a copy to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

AB266,38 Section 38. 343.305 (9) (a) 7. and 8. of the statutes are created to read:

AB266,21,15 343.305 (9) (a) 7. That if the person does not request a hearing on the revocation, the person may apply for an ignition interlock restricted license under s. 343.105 at any time and may be eligible to receive the ignition interlock restricted license 30 days after he or she receives the notice of revocation, or an occupational license under s. 343.10 after a waiting period from 45 to 120 days. The form shall clearly state that if the person does request a hearing on the revocation, the person is not eligible to receive an ignition interlock restricted license until 30 to 120 days after a final determination under sub. (10) that the revocation is sustained.

AB266,21,17 8. An explanation of the procedure for applying for an ignition interlock restricted license under s. 343.105.

AB266,39 Section 39. 343.305 (10) (b) 2. of the statutes is amended to read:

AB266,21,23 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year. After the first 30 days of the revocation period, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105.

AB266,40 Section 40. 343.305 (10) (b) 3. of the statutes is amended to read:

AB266,22,10 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105 if he or she has completed the assessment and is complying with the driver safety plan.

AB266,41 Section 41. 343.305 (10) (b) 4. of the statutes is amended to read:

AB266,22,21 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105 if he or she has completed the assessment and is complying with the driver safety plan.

AB266,42 Section 42. 343.305 (10) (em) of the statutes is amended to read:

AB266,23,9 343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person's operating privilege for 6 months. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the improper refusal, the revocation period is 12 months. After The person may apply for an ignition interlock restricted license at any time and may be eligible to receive the ignition interlock restricted license after the first 15 days of the revocation period , the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

AB266,43 Section 43. 343.305 (10m) of the statutes is amended to read:

AB266,23,14 343.305 (10m) Refusals; ignition interlock of a motor vehicle. The requirements and procedures for installation of an ignition interlock device operating privilege restrictions under s. 343.301 apply when an operating privilege is revoked under sub. (10).

AB266,44 Section 44. 343.31 (3) (bm) 2. of the statutes is amended to read:

AB266,23,23 343.31 (3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the department shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 6 months nor more than 9 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. The person is eligible for an occupational license under s. 343.10 may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,45 Section 45. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB266,24,13 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10. The person may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,46 Section 46. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB266,24,25 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other suspensions, revocations and convictions counted under s. 343.307 (1), equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10. The person may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,47 Section 47. 343.31 (3m) (a) of the statutes is amended to read:

AB266,25,8 343.31 (3m) (a) Any person who has his or her operating privilege revoked under sub. (3) (c) or (f) is eligible for an occupational license under s. 343.10 after the first 120 days of the revocation period, except that if the total number of convictions, suspensions, or revocations for any offense that is counted under s. 343.307 (1) within any 5-year period equals 2 or more, the person is eligible for an occupational license under s. 343.10 after one year of the revocation period has elapsed may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,48 Section 48. 343.31 (3m) (b) of the statutes is amended to read:

AB266,25,16 343.31 (3m) (b) Any person who has his or her operating privilege revoked under sub. (3) (e) is eligible for an occupational license under s. 343.10 after the first 60 days of the revocation period, except that if the total number of convictions, suspensions, or revocations for any offense that is counted under s. 343.307 (1) within any 5-year period equals 2 or more, the person is eligible for an occupational license under s. 343.10 after one year of the revocation period has elapsed may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,49 Section 49. 343.32 (1m) (b) (intro.) of the statutes is renumbered 343.32 (1m) (b) and amended to read:

AB266,26,2 343.32 (1m) (b) The secretary may suspend a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have permitted suspension of such person's operating privilege under s. 961.50. The person is eligible for an occupational license under s. 343.10 as follows: may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,50 Section 50. 343.32 (1m) (b) 1., 2. and 3. of the statutes are repealed.

AB266,51 Section 51. 347.413 (1) of the statutes is amended to read:

AB266,26,13 347.413 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301 (1g), or 2013 stats., fail to have the ignition interlock device installed as ordered by the a court, or operate a motor vehicle not equipped with an ignition interlock device, in violation of s. 343.301 (4). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

AB266,52 Section 52. 347.413 (3) of the statutes is amended to read:

AB266,26,18 347.413 (3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. 343.10 (5) (a) 3. 343.105.

AB266,53 Section 53. 347.50 (1s) of the statutes is renumbered 347.50 (1s) (a) and amended to read:

AB266,26,25 347.50 (1s) (a) Any person violating s. 347.413 (1) or may be fined not less than $500 nor more than $1,200, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction, the person may be fined not less than $600 nor more than $2,000, or imprisoned for not more than 6 months, or both.

AB266,27,5 (b) Any person violating s. 347.417 (1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

AB266,54 Section 54. 347.50 (1t) of the statutes is amended to read:

AB266,27,10 347.50 (1t) In addition to the penalty penalties under sub. (1s), if a person who is subject to an order whose operating privilege is restricted under s. 343.301 violates s. 347.413, the court shall extend the order restriction under s. 343.301 (1g) or (2m) is extended for 6 months for each violation.

AB266,55 Section 55. 351.07 (title) of the statutes is amended to read:

AB266,27,13 351.07 (title) Occupational license and ignition interlock restricted license; conviction after issuance.

AB266,56 Section 56. 351.07 (1) of the statutes is renumbered 351.07 (1) (a) and amended to read:

AB266,28,8 351.07 (1) (a) Petition and order for occupational license. A Except as provided in par. (b), a person whose operating privilege has been revoked under this chapter as a habitual traffic offender may, after 2 years of the period of revocation have elapsed, petition a judge of the circuit court for the county in which the person resides for an order authorizing the issuance of an occupational license allowing the operation of vehicles other than commercial motor vehicles. The person's petition shall include a compelling reason why the person should be granted an occupational license and additional reasons why the judge should believe that the person's previous conduct as a traffic offender will not be repeated. The judge shall state his or her reasons for granting or denying the petition on the record. If the judge grants the petition, the judge shall issue an order authorizing the issuance of an occupational license, limited to the operation of vehicles other than commercial motor vehicles, to the person under s. 343.10. The clerk of the court shall file a copy of the order with the department, which shall become a part of the records of the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of s. 343.10. This paragraph does not apply to a person whose operating privilege has been revoked as a habitual offender for a violation counted under s. 343.307 (1).

AB266,57 Section 57. 351.07 (1) (b) of the statutes is created to read:

AB266,28,17 351.07 (1) (b) Petition and order for ignition interlock restricted license. A person whose operating privilege has been revoked as a habitual offender for a violation counted under s. 343.307 (1) may, on or after the effective date of the revocation, petition a judge or the circuit court for the county in which the person resides for an order authorizing the issuance of an ignition interlock restricted license, in accordance with s. 343.301 (1g), allowing the person to operate a motor vehicle that is equipped with a functioning ignition interlock device that is approved by the department.

AB266,58 Section 58. 351.07 (1g) of the statutes is amended to read:

AB266,28,24 351.07 (1g) No person may file a petition for an occupational license under sub. (1) (a) or an ignition interlock restricted license under sub. (1) (b) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the secretary of administration under s. 59.25 (3) (m) and retain the balance for the use of the county.

AB266,59 Section 59. 940.09 (1d) of the statutes is amended to read:

AB266,29,3 940.09 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device operating privilege restrictions under s. 343.301.

AB266,60 Section 60. 940.25 (1d) of the statutes is amended to read:

AB266,29,7 940.25 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device operating privilege restrictions under s. 343.301.

AB266,61 Section 61. 961.50 (1) (intro.) of the statutes is renumbered 961.50 (1) and amended to read:

AB266,29,19 961.50 (1) If a person is convicted of any violation of this chapter, the court may, in addition to any other penalties that may apply to the crime, suspend the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this subsection, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows: may apply for an ignition interlock restricted license under s. 343.105 at any time.

AB266,62 Section 62. 961.50 (1) (a), (b) and (c) of the statutes are repealed.

AB266,63 Section 63. Initial applicability.

AB266,30,2 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of administrative action by the department of transportation or sentencing by a court.

AB266,30,3 (End)