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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 167
April 10, 2023 - Introduced by Representatives MURPHY, TUSLER, DONOVAN and
ROZAR, cosponsored by Senator JACQUE. Referred to Committee on Criminal
Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 165.957 (4) (b) 2m., 343.10 (5) (a) 2. and 3., 343.10 (7) (cm),
343.301 (1g) (am), 343.301 (1m), 343.305 (8) (d), 343.32 (1m) (b) 1., 2. and 3. and
961.50 (1) (a), (b) and (c); to renumber and amend 343.10 (2) (e), 343.10 (2)
(f), 343.10 (5) (a) 1., 343.301 (1g) (a), 343.305 (8) (am), 343.32 (1m) (b) (intro.),
347.50 (1s), 351.07 (1) and 961.50 (1) (intro.); to amend 110.10 (4m), 165.957
(3) (a), 165.957 (4) (a) 2., 165.957 (4) (b) 1., 165.957 (4) (b) 2., 303.08 (10r), 340.01
(46m) (c), 343.10 (1) (a), 343.10 (2) (a) (intro.), 343.10 (5) (b), 343.165 (5), 343.21
(1) (k), 343.28 (1), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30
(1q) (h), 343.301 (title), 343.301 (3), 343.301 (4), 343.301 (5), 343.305 (8) (a),
343.305 (9) (a) (intro.), 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b)
4., 343.305 (10) (em), 343.305 (10m), 343.31 (1m) (b), 343.31 (1m) (c), 343.31 (3)
(bm) 2., 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3m) (a), 343.31 (3m) (b),
347.413 (1), 347.413 (3), 347.50 (1t), 351.07 (title), 351.07 (1g), 351.07 (2),
940.09 (1d) and 940.25 (1d); to repeal and recreate 343.301 (2m); and to
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create 343.01 (2) (bg), 343.03 (3) (br), 343.10 (1) (c), 343.105, 343.105 (1) (d),
343.105 (1) (e) 2., 343.305 (8) (am) 2. and 3., 343.305 (9) (a) 7. and 8. and 351.07
(1) (b) of the statutes; relating to: motor vehicle operators licenses restricting
operators to the use of motor vehicles equipped with ignition interlock devices
and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates an ignition interlock restricted driver's license (IIRL).
Under current law, no person may drive or operate a motor vehicle while under
the influence of an intoxicant or drug, with a prohibited alcohol concentration, or
with a measurable amount of a controlled substance in his or her blood (OWI). A
person who does so is subject to penalties that increase, in terms of forfeitures or fines
assessed, periods of imprisonment imposed, and periods of time during which the
person's privilege to operate a motor vehicle is suspended or revoked, with each
subsequent offense. Current law allows most OWI offenders, after a waiting period
that increases with each subsequent OWI offense, to apply for an occupational
license that allows the person to operate a motor vehicle for certain limited activities
and within certain limited geographic boundaries.
Under current law, a law enforcement officer who arrests a person for an OWI
offense may request that the person take a chemical test to determine the amount
of alcohol in his or her blood or breath. Under certain other limited circumstances,
the officer may request the person to take the test before he or she is arrested. If the
person refuses to take the test, the officer takes possession of the person's driver's
license and issues the person a notice that the Department of Transportation will
revoke the person's driving privilege for a minimum of one year and a maximum of
three years, depending on how many prior OWI offenses the person has committed.
Under current law, refusing to take a chemical test is counted as an OWI offense.
If the person takes the test and the test indicates that the person has committed an
OWI, the officer takes possession of the person's driver's license and DOT
administratively suspends the person's operating privilege for six months.
A person whose operating privilege is administratively suspended or revoked
may, within 10 days, submit a written request for DOT to review his or her
administrative suspension or revocation. A person whose operating privilege is
administratively suspended for failing a chemical test may apply for an occupational
license immediately. A person whose operating privilege is administratively revoked
for refusing a test may apply for an occupational license after 30 days for a first OWI
offense, after 90 days after a second OWI offense, and after 120 days after a third or
subsequent OWI offense. However, if the person has committed two or more OWI
offenses within five years, current law requires him or her to wait 12 months before
he or she may apply for an occupational license. Current law also requires DOT to
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administratively suspend or revoke a person's operating privilege when it receives
notification that a person has been convicted of committing certain OWI-related
offenses in this state or in another state or on tribal land. The periods of suspension
or revocation and the waiting periods for each offense vary but generally increase
with the seriousness of the offense and the number of prior OWI offenses the person
has committed.
In addition to the administrative suspension for failing a test and the
administrative revocation for refusing a test, when a person is convicted of an OWI
offense, the convicting court orders the person's operating privilege be revoked. The
length of time for a court-ordered revocation increases with each subsequent OWI
offense, as does the waiting period before the person may apply for an occupational
license. In general, a person who commits a first OWI offense may apply for an
occupational license immediately, and a person with prior OWI offenses may apply
after 45 days, unless he or she has committed two or more OWI offenses within five
years, in which case the person must wait 12 months before he or she may apply for
an occupational license.
Under current law, a court must order a person's motor vehicle operating
privilege be restricted to operating vehicles that are equipped with an ignition
interlock device (IID) when a person is convicted of a second or subsequent OWI
offense or a first OWI offense while his or her alcohol concentration is 0.15 or greater,
refuses to take a test for intoxication, or injures or kills a person while operating a
vehicle while intoxicated.
Under current law, the operating privilege restriction stays in place for not less
than one year nor more than the maximum operating privilege revocation period
permitted for the refusal or violation. A person who violates a court order to install
an IID by failing to install, removing, disconnecting, or otherwise tampering with the
IID may be fined not less than $150 nor more than $600, imprisoned for not more
than six months, or both, for the first offense and may be fined not less than $300 nor
more than $1,000, or imprisoned for not more than six months, or both, for a second
or subsequent offense.
This bill creates a license called an ignition interlock restricted license. Under
the bill, an IIRL permits a person to operate a motor vehicle only if the motor vehicle
is equipped with an IID. An IIRL does not impose any geographic limitations, and
the person may operate the vehicle for any purpose.
Under the bill, a person who commits a first OWI offense while his or her alcohol
concentration is below 0.15 (first offender) and a person who either fails a chemical
test or refuses a test has the option of applying for an occupational license or an IIRL.
A first offender may be eligible for an IIRL at any time, but if he or she opts for an
occupational license, he or she is not eligible to receive that license until 45 days have
passed from the time of the conviction.
A person who fails a chemical test and whose operating privilege is
administratively suspended may be eligible for an IIRL immediately, if he or she
waives his or her right to an administrative hearing on the propriety of the test, and
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person requests an administrative hearing and he or she does not prevail at the
hearing, he or she may be eligible for an IIRL 15 days after the hearing.
Under the bill, a person whose operating privilege is administratively revoked
for improperly refusing a test may be eligible for an IIRL after 30 days and,
depending on whether the person has prior OWI convictions or offenses, may be
eligible for an occupational license after a waiting period ranging from 45 days for
a first offender to 120 days for a person with more than three OWI convictions or
offenses.
Under the bill, except for a first offender, anyone who is convicted of or found
to have committed an OWI offense is not eligible for an occupational license but may
operate a vehicle only under an IIRL. If a person who was eligible for either an
occupational license or an IIRL before he or she was convicted of the offense had
opted for an IIRL, the person gets credit for the number of days he or she was licensed
under the IIRL. Under the bill, the IIRL is in effect for at least one year and remains
in effect until any applicable license revocation or operating privilege restriction for
the OWI expires.
Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT
that any applicable waiting period has passed, that the person has equipped one or
more of his or her vehicles with a functioning IID that is approved by DOT, that the
person has complied or is complying with any court-ordered assessment and driver
safety plan, and that he or she has paid the required fee to DOT.
Under the bill, a person who operates a vehicle that is not equipped with an IID,
in violation of his or her restricted operating privilege, may be fined not less than
$500 nor more than $1,200, or imprisoned for not more than six months, or both, for
the first offense. For a second or subsequent conviction, the person may be fined not
less than $600 nor more than $2,000, or imprisoned for not more than six months,
or both. In addition, the person's operating privilege is restricted for an additional
six months for each violation.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SECTION 1. 110.10 (4m) of the statutes is amended to read:
110.10 (4m) Requiring ignition interlock device providers operating in this
state to accept, as payment in full for equipping a motor vehicle with an ignition
interlock device and for maintaining the ignition interlock device, the amount
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specified by the department under s. 343.301 (3) (b) or ordered by the court under s.
343.301 (3) (b), 2021 stats., if applicable.
SECTION 2. 165.957 (3) (a) of the statutes is amended to read:
165.957 (3) (a) A standard for frequent testing for the use of alcohol or a
controlled substance that is an alternative to the testing described in sub. (4) (b) 1.
This paragraph does not apply to testing required pursuant to an order under s.
343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under
s. 343.301 (1g) (a) 2. b.
SECTION 3. 165.957 (4) (a) 2. of the statutes is amended to read:
165.957 (4) (a) 2. The person agrees to totally abstain from using alcohol or a
controlled substance while he or she is released on bond, on release under s. 969.01
(1), on probation, participating in a deferred prosecution agreement, or on parole or
extended supervision and agrees to participate in the program even though his or her
participation is not ordered by a judge or by the department of corrections as a
condition of bond, release pursuant to s. 969.01 (1), probation or deferred
prosecution, or release to parole or to extended supervision. This subdivision does
not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who
is subject to an order under s. 343.301 (1g) (am) 2.
SECTION 4. 165.957 (4) (b) 1. of the statutes is amended to read:
165.957 (4) (b) 1. Except as provided in subd. 2. or 2m., the program requires
participants to be tested for the use of alcohol at least twice daily, at approximately
12-hour intervals, or for the use of a controlled substance as frequently as
practicable.
SECTION 5. 165.957 (4) (b) 2. of the statutes is amended to read:
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SECTION 5 ASSEMBLY BILL 167
165.957 (4) (b) 2. If the standard for frequent testing described in subd. 1.
creates an unreasonable hardship for the county administering the program, the
program may utilize the standard established by the department of justice under
sub. (3) (a). This subdivision does not apply to any person who meets the criteria
under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am)
2.
SECTION 6. 165.957 (4) (b) 2m. of the statutes is repealed.
SECTION 7. 303.08 (10r) of the statutes is amended to read:
303.08 (10r) The sheriff may not permit a prisoner whose operating privilege
for the operation of “Class D" vehicles is restricted to operating vehicles that are
equipped with an ignition interlock device under s. 343.301 (1g), 2021 stats., to leave
the jail under sub. (1) unless, within 2 weeks after the court issues an order under
s. 343.301 (1g) (am) 1., 2021 stats., or the person's operating privilege is restricted
under s. 343.301 (1g) (am) 2., 2021 stats., the person submits proof to the sheriff that
an ignition interlock device has been installed in each motor vehicle to which the
order applies. If the prisoner's operating privilege is restricted pursuant to s.
343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not
permit the person to leave the jail under sub. (1) unless the person submits proof to
the sheriff that an ignition interlock device has been installed in each motor vehicle
the person operates.
SECTION 8. 340.01 (46m) (c) of the statutes is amended to read:
340.01 (46m) (c) If the person is subject to an order under s. 343.301, 2021
stats., if the person's operating privilege is restricted pursuant to s. 343.301 (1g), or
if the person has 3 or more prior convictions, suspensions or revocations, as counted
under s. 343.307 (1), an alcohol concentration of more than 0.02.
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SECTION 9. 343.01 (2) (bg) of the statutes is created to read:
343.01 (2) (bg) “Ignition interlock restricted license" means an operator's
license, issued in accordance with s. 343.105, that permits the holder to operate only
motor vehicles that are equipped with a functioning ignition interlock device that is
approved by the department.
SECTION 10. 343.03 (3) (br) of the statutes is created to read:
343.03 (3) (br) Ignition interlock restricted license. A license issued under s.
343.105 authorizing only the operation of motor vehicles that are equipped with a
functioning ignition interlock device that is approved by the department shall be
labeled “Ignition Interlock Restricted License." An ignition interlock restricted
license may be subject to restrictions in addition to those provided in s. 343.105.
SECTION 11. 343.10 (1) (a) of the statutes is amended to read:
343.10 (1) (a) If Except as provided in par. (c), if a person's license or operating
privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q),
943.21 (3m), or 961.50 and if the person is engaged in an occupation, including
homemaking or full-time or part-time study, or a trade making it essential that he
or she operate a motor vehicle, the person, after payment of the fee provided in sub.
(6), may file an application with the department setting forth in detail the need for
operating a motor vehicle. No person may file more than one application with respect
to each revocation or suspension of the person's license or operating privilege under
this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this
limitation does not apply to an application to amend an occupational license
restriction.
SECTION 12. 343.10 (1) (c) of the statutes is created to read:
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SECTION 12 ASSEMBLY BILL 167
343.10 (1) (c) 1. Except as provided in subd. 2., a person whose license is
suspended or revoked for an offense counted under s. 343.307 (1) is not eligible for
an occupational license under this section but may apply for an ignition interlock
restricted license under s. 343.105.
2. A person whose operating privilege is revoked for a first violation of s. 346.63
(1) or a local ordinance in conformity with that section and who had an alcohol
concentration below 0.15 at the time of the offense, a person whose operating
privilege is suspended under s. 343.305 (7), and a person who receives a notice of
intent to revoke under s. 343.305 (9) may be eligible for an occupational license under
this section or an ignition interlock restricted license under s. 343.105. No person
may apply for or hold a license under this section and a license under s. 343.105 at
the same time. Waiting periods for a license under this section are as follows:
a. A person whose operating privilege is suspended under s. 343.305 (7) may
be eligible for an occupational license under this section after 45 days have elapsed
from the date of his or her arrest.
b. A person whose operating privilege is revoked for an improper refusal under
s. 343.305 (9) may be eligible for an occupational license under this section after 45
days have elapsed from the date he or she received a notice of intent to revoke, except
as provided in subd. 3. or 4.
3. Except as provided in subd. 4., if the number of convictions, suspensions, and
revocations counted under s. 343.307 (2) equals 2, the person may be eligible for an
occupational license under this section after 90 days have elapsed from the date he
or she received a notice of intent to revoke.
4. If the number of convictions, suspensions, and revocations counted under s.
343.307 (2) equals 3 or more, the person may be eligible for an occupational license
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under this section after 120 days have elapsed from the date he or she received a
notice of intent to revoke.
SECTION 13. 343.10 (2) (a) (intro.) of the statutes is amended to read:
343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f) (dm), and subject to
s. 343.165 (5), a person is eligible for an occupational license if the following
conditions are satisfied:
SECTION 14. 343.10 (2) (e) of the statutes is renumbered 343.105 (1) (e) 1. and
amended to read:
343.105 (1) (e) 1. If Except as provided in subd. 2., 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 convictions, suspensions or revocations, as counted under s.
343.307 (1), no occupational license under this section may be granted until the
person has completed the assessment and is complying with the driver safety plan.
SECTION 15. 343.10 (2) (f) of the statutes is renumbered 343.105 (1) (f) and
amended to read:
343.105 (1) (f) If the court orders under, pursuant to s. 343.301 (1g) that the,
a person's operating privilege for the operation of “Class D" vehicles be is restricted
to operating vehicles that are equipped with an ignition interlock device, no
occupational license may be granted under this section until the person pays the
surcharge under s. 343.301 (5) and submits proof that an ignition interlock device
has been installed in each motor vehicle to which the order under s. 343.301 applies.
A person who is subject to an order under s. 343.301 (1g) (am) 2. need not submit proof
that an ignition interlock device has been installed if he or she is participating in a
program designated in the order, unless he or she is also subject to an order under
s. 343.301 (1g) (am) 1.
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SECTION 16 ASSEMBLY BILL 167
SECTION 16. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) and
amended to read:
343.10 (5) (a) In addition to any restrictions appearing on the former operator's
license of the applicant, 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. 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 paragraph. 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.
SECTION 17. 343.10 (5) (a) 2. and 3. of the statutes are repealed.
SECTION 18. 343.10 (5) (b) of the statutes is amended to read:
343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
(3m), 343.32 (1m), 767.73 and 961.50.
SECTION 19. 343.10 (7) (cm) of the statutes is repealed.
SECTION 20. 343.105 of the statutes is created to read:
343.105 Ignition interlock restricted licenses. (1) APPLICATION FOR
IGNITION INTERLOCK RESTRICTED LICENSE. (a) If a person's license or operating privilege
is administratively suspended under s. 343.305 or is revoked for an offense counted
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under s. 343.307 (1), the person may file an application with the department for a
license under this section at any time.
(b) The application under par. (a) shall be in a form established by the
department and shall include proof that at least one motor vehicle operated by the
person has been equipped with an ignition interlock device. The application shall
include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the
vehicle or vehicles that the applicant requests authorization to operate.
(c) If the person meets the criteria set forth in par. (b), the person is eligible to
receive a license under this section as follows:
1. Pursuant to subd. 2. and except as provided in subds. 3. to 7., immediately
upon suspension or revocation of his or her operating privilege.
2. Immediately after the person receives notice of suspension of his or her
operating privilege under s. 343.305 (7) if he or she does not request an
administrative review under s. 343.305 (8).
3. Fifteen days after a notice to revoke is issued under s. 343.305 (9) if the
person does not request a hearing on the revocation.
4. Thirty days following the final determination that sustains a suspension
after an administrative review under s. 343.305 (8).
5. Thirty days following the final determination that imposes or sustains a
revocation under s. 343.305 (10) (b) 2.
6. Ninety days following the final determination that imposes or sustains a
revocation under s. 343.305 (10) (b) 3.
7. One hundred twenty days following the final determination that imposes or
sustains a revocation under s. 343.305 (10) (b) 4.
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SECTION 20 ASSEMBLY BILL 167
(1m) PETITION FOR IGNITION INTERLOCK RESTRICTED LICENSE. (a) A person whose
application for a license under sub. (1) is denied in whole or in part may file a petition
with the clerk of the circuit court for the county in which the person resides for an
order authorizing the issuance of an ignition interlock restricted license to the
person. No person may file a petition under this paragraph unless he or she first pays
the fee specified in s. 814.61 (14) to the clerk of the circuit court. The person's petition
shall include a copy of the person's current operating record under s. 343.23 (2) and
the reasons why the person should be granted an ignition interlock restricted license.
The court shall consider the number and seriousness of prior traffic convictions in
determining whether to grant the petition and shall state, in writing, its reasons for
granting or denying the petition. No person may file more than one petition with
respect to a denial of an application for a license under sub. (1).
(b) If the court grants the petition under par. (a), the court shall issue an order
authorizing the issuance of an ignition interlock restricted license to the person. The
order for issuance of an ignition interlock restricted license shall include definite
restrictions as provided in sub. (2). A copy of the order shall be forwarded to the
department. Upon receipt of the court order, the petitioner shall be considered an
applicant by the department for purposes of this section. The ignition interlock
restricted license issued by the department under this paragraph shall contain the
restrictions ordered by the court. If the court denies the petition under par. (a), the
clerk of the circuit court shall notify the department of the denial of the petition.
(c) The department shall not issue an ignition interlock restricted license to a
person upon receipt of an order from a court under this subsection if the person
appears by the records of the department to have filed more than one petition with
a court for a license under this subsection.
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SECTION 20
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(2) ISSUANCE; LIMITATIONS. If the person is eligible for a restricted license
pursuant to sub. (1), the department may issue a license under this section as follows:
(a) Except as provided under par. (b), the license shall allow a person to operate
any motor vehicle that is equipped with a functioning ignition interlock device
approved by the department.
(b) The license may not permit the operation of any motor vehicles for which
the applicant did not hold valid authorization at the time of the administrative
suspension or revocation of the person's license or operating privilege. This
paragraph does not preclude the department from issuing a license under this
section to a person whose operating privilege was revoked or suspended at the time
he or she committed the current offense if the person is otherwise eligible for a license
under this section.
(c) The license may contain any restrictions on the person's license that were
in effect at the time the person was arrested for the violation that resulted in the
suspension or revocation.
(3) FEE. No person may file an application for a license under sub. (1) unless
he or she first pays to the department the fees specified in s. 343.21 (1) (k) and (n).
(4) DEPARTMENT TO ISSUE IGNITION INTERLOCK RESTRICTED LICENSE. (a) The
department shall issue an ignition interlock restricted license to a person as soon as
practicable upon receipt of an application and the proof required under sub. (1) (b)
to the department.
(b) A license issued by the department under this section shall be in the form
of a license that includes a photograph described in s. 343.14 (3) unless the exception
under s. 343.14 (3m) applies. The license shall clearly indicate that restrictions on
a special restrictions card apply and that the special restrictions card is part of the
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person's license. The ignition interlock restricted license issued by the department
shall contain the limitations required by sub. (2).
(c) The expiration date of the ignition interlock restricted license is the date of
termination of the period of revocation or suspension as provided by law, except that
if the person's license expires pursuant to s. 343.20 (1m) on an earlier date, the
ignition interlock restricted license also expires on that date. The expiration date of
the ignition interlock restricted license may be extended to the date of termination
of the period of any subsequent revocation or suspension arising from the same
incident or occurrence. The license may be revoked, suspended, or canceled before
its expiration. An ignition interlock restricted license is not renewable when it
expires. If an ignition interlock restricted license expires and is not revoked,
suspended, or canceled, the licensee may obtain a new license upon that expiration
but only if he or she complies with the conditions specified in s. 343.38. Revocation,
suspension, or cancellation of an ignition interlock restricted license has the same
effect as revocation, suspension, or cancellation of any other license.
(5) NOTICE. The department shall inform a person whose operating privilege
is revoked or suspended under s. 343.305 of his or her right to either waive an
administrative review of the suspension or revocation and apply to the department
for issuance of an ignition interlock restricted license under this section or to apply,
after any applicable waiting period, for an occupational license under s. 343.10.
SECTION 21. 343.105 (1) (d) of the statutes is created to read:
343.105 (1) (d) A person whose operating privilege is suspended or revoked
under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for a license under this
section.
SECTION 22. 343.105 (1) (e) 2. of the statutes is created to read:
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343.105 (1) (e) 2. If a person has installed a functioning ignition interlock
device that is approved by the department prior to his or her conviction and the court
orders a person to submit to and comply with an assessment and driver safety plan,
the person shall complete the assessment and comply with the driver safety plan
within 15 days after his or her conviction. If a person fails to comply with this
subdivision, his or her operating privileges are restricted under s. 343.301 (1g) for
6 months in addition to the time specified under s. 343.301 (2m).
SECTION 23. 343.165 (5) of the statutes is amended to read:
343.165 (5) The department may, by rule, require that applications for
reinstatement of operator's licenses or identification cards, issuance of occupational
licenses or ignition interlock restricted licenses, reissuance of operator's licenses, or
issuance of duplicate operator's licenses or identification cards be processed in a
manner consistent with the requirements established under this section for
applications for initial issuance or renewal of operator's licenses and identification
cards.
SECTION 24. 343.21 (1) (k) of the statutes is amended to read:
343.21 (1) (k) For an occupational license, $40 $90, and for an ignition interlock
restricted license, $90.
SECTION 25. 343.28 (1) of the statutes is amended to read:
343.28 (1) Whenever a person is convicted of a moving traffic violation under
chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
in which the conviction occurred, or the justice, judge or magistrate of a court not
having a clerk, shall, as provided in s. 345.48, forward to the department the record
of such conviction. The record of conviction forwarded to the department shall state
whether the offender was involved in an accident at the time of the offense, whether
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the offender was operating a commercial motor vehicle at the time of the offense and,
if so, whether the offender was transporting hazardous materials requiring
placarding or any quantity of a material listed as a select agent or toxin under 42 CFR
73, or was operating a vehicle designed to carry, or actually carrying, 16 or more
passengers, including the driver. Whenever a person is convicted of an offense that
may be counted under s. 343.307 (2), the court shall include in the record of conviction
forwarded to the department the offender's alcohol concentration at the time of the
offense, if this information is known to the court. Whenever a person is convicted of
exceeding a posted speed limit, the record of conviction forwarded to the department
shall include the number of miles per hour in excess of the posted speed limit.
SECTION 26. 343.30 (1q) (b) 2. of the statutes is amended to read:
343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
first conviction, the court shall revoke the person's operating privilege for not less
than 6 months nor more than 9 months. The If, pursuant to s. 343.301, the person
is not restricted to operating a motor vehicle that is equipped with an ignition
interlock device, the person is eligible for an occupational license under s. 343.10 at
any time 45 days after the date of conviction. The person may apply for an ignition
interlock restricted license under s. 343.105 immediately upon receiving notice of
revocation, but he or she may not apply for both an occupational license and an
ignition interlock restricted license.
SECTION 27. 343.30 (1q) (b) 3. of the statutes is amended to read:
343.30 (1q) (b) 3. Except as provided in sub. (1r) or 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
(1) within a 10-year period, equals 2, the court shall revoke the person's operating
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privilege for not less than one year nor more than 18 months. After the first 45 days
of the revocation period has elapsed, the person is eligible for an occupational license
under s. 343.10 if he or she has completed the assessment and is complying with the
driver safety plan ordered under par. (c). The person may apply for an ignition
interlock restricted license under s. 343.105 immediately upon receiving notice of
revocation.
SECTION 28. 343.30 (1q) (b) 4. of the statutes is amended to read:
343.30 (1q) (b) 4. Except as provided in sub. (1r) or 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
(1), equals 3 or more, the court shall revoke the person's operating privilege for not
less than 2 years nor more than 3 years. After the first 45 days of the revocation
period has elapsed, the person is eligible for an occupational license under s. 343.10
if he or she has completed the assessment and is complying with the driver safety
plan ordered under par. (c). The person may apply for an ignition interlock restricted
license under s. 343.105 immediately upon receiving notice of revocation.
SECTION 29. 343.30 (1q) (h) of the statutes is amended to read:
343.30 (1q) (h) The court or department shall provide that the period of
suspension or revocation imposed under this subsection shall be reduced by any
period of suspension or revocation previously served under s. 343.305 if the
suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
(1) or (2m) or a local ordinance in conformity therewith arise out of the same incident
or occurrence. The court or department shall order that the period of suspension or
revocation imposed under this subsection run concurrently with any period of time
remaining on a suspension or revocation imposed under s. 343.305 arising out of the
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same incident or occurrence. The court or department may modify an occupational
ignition interlock restricted license authorized under s. 343.305 (8) (d) in accordance
with this subsection.
SECTION 30. 343.301 (title) of the statutes is amended to read:
343.301 (title) Installation of ignition Ignition interlock device
required.
SECTION 31. 343.301 (1g) (a) of the statutes is renumbered 343.301 (1g), and
343.301 (1g) (intro.) and (b) 2., as renumbered, are amended to read:
343.301 (1g) (intro.) A court shall enter an order under par. (am) person's
operating privilege is restricted to operating vehicles that are equipped with a
functioning ignition interlock device that is approved by the department if either of
the following applies:
(b) 2. The person has a total of one or more prior convictions, suspensions, or
revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
lifetime and other convictions, suspensions, and revocations counted under s.
343.307 (1).
SECTION 32. 343.301 (1g) (am) of the statutes is repealed.
SECTION 33. 343.301 (1m) of the statutes is repealed.
SECTION 34. 343.301 (2m) of the statutes is repealed and recreated to read:
343.301 (2m) Beginning on the date a person's operating privilege is revoked
pursuant to s. 343.30, 343.305 (10), or 343.31, for a violation counted under s. 343.307
(1), the person's operating privilege is restricted pursuant to sub. (1g). The person's
operating privilege is restricted for a period of not less than one year nor more than
the maximum operating privilege revocation period permitted for the refusal or
violation, except that if the maximum operating privilege revocation period is less
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than one year, the person's operating privilege is restricted pursuant to sub. (1g) for
one year. The department may not issue any license to the person under this chapter
that does not have the restriction specified in sub. (1g) until the person's operating
privilege is restricted pursuant to this subsection for the entire period of the
restriction under sub. (1g), including any extension under s. 347.50 (1t). If the
person's operating privilege is restricted pursuant to a conviction and the person has
not installed an ignition interlock device prior to his or her conviction, the court may
order the installation of an ignition interlock device immediately upon conviction.
SECTION 35. 343.301 (3) of the statutes is amended to read:
343.301 (3) (a) Except as provided in par. (b), if the court enters an order under
sub. (1g), the person shall be whose operating privilege is restricted pursuant to sub.
(1g) is liable for the reasonable cost of equipping and maintaining any ignition
interlock device installed on his or her motor vehicle.
(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 in 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.
SECTION 36. 343.301 (4) of the statutes is amended to read:
343.301 (4) A No person to whom an order whose operating privilege is
restricted under sub. (1g) applies violates that order if he or she fails to have an
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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.
SECTION 37. 343.301 (5) of the statutes is amended to read:
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.
SECTION 38. 343.305 (8) (a) of the statutes is amended to read:
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
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time the 30-day temporary license expires. The officer shall submit or mail a copy
of the notice to the department.
SECTION 39. 343.305 (8) (am) of the statutes is renumbered 343.305 (8) (am)
(intro.) and amended to read:
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:
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) DA YS. 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.
SECTION 40. 343.305 (8) (am) 2. and 3. of the statutes are created to read:
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
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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.
3. An application form for an ignition interlock restricted license.
SECTION 41. 343.305 (8) (d) of the statutes is repealed.
SECTION 42. 343.305 (9) (a) (intro.) of the statutes is amended to read:
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
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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:
SECTION 43. 343.305 (9) (a) 7. and 8. of the statutes are created to read:
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.
8. An explanation of the procedure for applying for an ignition interlock
restricted license under s. 343.105.
SECTION 44. 343.305 (10) (b) 2. of the statutes is amended to read:
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.
SECTION 45. 343.305 (10) (b) 3. of the statutes is amended to read:
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
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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.
SECTION 46. 343.305 (10) (b) 4. of the statutes is amended to read:
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.
SECTION 47. 343.305 (10) (em) of the statutes is amended to read:
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
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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).
SECTION 48. 343.305 (10m) of the statutes is amended to read:
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).
SECTION 49. 343.31 (1m) (b) of the statutes is amended to read:
343.31 (1m) (b) Upon receiving a record of conviction under s. 940.09 (1) or
940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that
together with other records of the department show that 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 (1), equals 4 or
more, the department shall revoke the person's operating privilege permanently.
This paragraph does not apply if the most recent conviction, suspension, or
revocation counted under this paragraph occurred more than 15 years after the next
preceding conviction, suspension, or revocation counted under this paragraph. The
person is not eligible for an occupational license under s. 343.10, and the person is
not eligible for an ignition interlock restricted license under s. 343.105. After 10
years of the revocation period have elapsed, the person may apply for reinstatement
under s. 343.38.
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SECTION 50. 343.31 (1m) (c) of the statutes is amended to read:
343.31 (1m) (c) Upon receiving a record of conviction under s. 940.09 (1) or
940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that
together with other records of the department show that 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 (1) within a
25-year period, equals 2 or more, and that the person has 2 or more qualifying
convictions, the department shall revoke the person' s operating privilege
permanently. The person is not eligible for an occupational license under s. 343.10,
and the person is not eligible for an ignition interlock restricted license under s.
343.105. After 10 years of the revocation period have elapsed, the person may apply
for reinstatement under s. 343.38.
SECTION 51. 343.31 (3) (bm) 2. of the statutes is amended to read:
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.
SECTION 52. 343.31 (3) (bm) 3. of the statutes is amended to read:
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
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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.
SECTION 53. 343.31 (3) (bm) 4. of the statutes is amended to read:
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.
SECTION 54. 343.31 (3m) (a) of the statutes is amended to read:
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
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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.
SECTION 55. 343.31 (3m) (b) of the statutes is amended to read:
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.
SECTION 56. 343.32 (1m) (b) (intro.) of the statutes is renumbered 343.32 (1m)
(b) and amended to read:
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.
SECTION 57. 343.32 (1m) (b) 1., 2. and 3. of the statutes are repealed.
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SECTION 58. 347.413 (1) of the statutes is amended to read:
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 2021 stats., fail to have the ignition interlock device installed as ordered by
the court, or violate a court order under s. 343.301 (1g), 2021 stats., restricting the
person's operating privilege, 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.
SECTION 59. 347.413 (3) of the statutes is amended to read:
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.
SECTION 60. 347.50 (1s) of the statutes is renumbered 347.50 (1s) (a) and
amended to read:
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 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.
(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
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SECTION 60 ASSEMBLY BILL 167
not less than $300 nor more than $1,000, or imprisoned for not more than 6 months,
or both.
SECTION 61. 347.50 (1t) of the statutes is amended to read:
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 restricting restriction of the person's
operating privilege under s. 343.301 (1g) or (2m) is extended for 6 months for each
violation.
SECTION 62. 351.07 (title) of the statutes is amended to read:
351.07 (title) Occupational license and ignition interlock restricted
license; conviction after issuance.
SECTION 63. 351.07 (1) of the statutes is renumbered 351.07 (1) (a) and
amended to read:
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
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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).
SECTION 64. 351.07 (1) (b) of the statutes is created to read:
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.
SECTION 65. 351.07 (1g) of the statutes is amended to read:
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 percent of the fee to the secretary of administration under s.
59.25 (3) (m) and retain the balance for the use of the county.
SECTION 66. 351.07 (2) of the statutes is amended to read:
351.07 (2) Upon conviction of a person who is issued an occupational license
as provided by sub. (1) (a) of 2 offenses under s. 351.02 (1) (b) committed within one
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SECTION 66 ASSEMBLY BILL 167
year following issuance of the occupational license or of one offense under s. 351.02
(1) (a) or 4 offenses under s. 351.02 (1) (b) committed within 3 years following
issuance of the occupational license, the secretary shall proceed under s. 351.025.
SECTION 67. 940.09 (1d) of the statutes is amended to read:
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.
SECTION 68. 940.25 (1d) of the statutes is amended to read:
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.
SECTION 69. 961.50 (1) (intro.) of the statutes is renumbered 961.50 (1) and
amended to read:
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.
SECTION 70. 961.50 (1) (a), (b) and (c) of the statutes are repealed.
SECTION 71.0Initial applicability.
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SECTION 71
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(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.
(END)
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