SB377: Bill Text

SB377,66,16 (g) Creating guidelines for issuing registry identification cards, and for obtaining and distributing marijuana for the medical use of tetrahydrocannabinols, to persons under the care of the department who have a debilitating medical condition or treatment.

SB377,66,23 (8) Physician education and public awareness campaign. The department shall provide, in a manner determined by the department, information to physicians about the availability of the medical marijuana registry program. The department shall also conduct a public awareness campaign to inform the public about issues relating to medical marijuana, including information about the medical marijuana registry program in this state and information about possible risks and benefits of the medical use of tetrahydrocannabinols.

SB377,95 Section 95 . 146.46 of the statutes is created to read:

SB377,67,4 146.46 Medical marijuana logotype. The department shall design an official logotype, appropriate for including on a label affixed to medical marijuana under s. 50.85. The department shall design the logotype to be distinguishable from any logotype for recreational marijuana.

SB377,96 Section 96 . 146.81 (1) (L) of the statutes is amended to read:

SB377,67,6 146.81 (1) (L) A hospice licensed under subch. VI VII of ch. 50.

SB377,97 Section 97 . 146.997 (1) (d) 18. of the statutes is amended to read:

SB377,67,8 146.997 (1) (d) 18. A hospice licensed under subch. VI VII of ch. 50.

SB377,98 Section 98 . 157.06 (11) (hm) of the statutes is created to read:

SB377,67,13 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

SB377,99 Section 99 . 157.06 (11) (i) of the statutes is amended to read:

SB377,67,16 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

SB377,100 Section 100 . 289.33 (3) (d) of the statutes is amended to read:

SB377,68,10 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

SB377,101 Section 101 . 340.01 (50m) (a) of the statutes is amended to read:

SB377,68,13 340.01 (50m) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,102 Section 102 . 340.01 (50m) (e) of the statutes is repealed.

SB377,103 Section 103 . 340.01 (66m) of the statutes is created to read:

SB377,68,17 340.01 (66m) “Tetrahydrocannabinols concentration" means the number of nanograms of tetrahydrocannabinols per milliliter of blood.

SB377,104 Section 104 . 343.06 (1) (d) of the statutes is amended to read:

SB377,68,25 343.06 (1) (d) To any person whose dependence on alcohol or tetrahydrocannabinols has attained such a degree that it interferes with his or her physical or mental health or social or economic functioning, or who is addicted to the use of controlled substances or controlled substance analogs, except that the secretary may issue a license if the person submits to an examination, evaluation or treatment in a treatment facility meeting the standards prescribed in s. 51.45 (8) (a), as directed by the secretary, in accordance with s. 343.16 (5).

SB377,105 Section 105. 343.10 (5) (a) 1. of the statutes is amended to read:

SB377,69,13 343.10 (5) (a) 1. 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. The occupational license may contain restrictions on the use of alcohol, of tetracannabinols, and of controlled substances and controlled substance analogs in violation of s. 961.41.

SB377,106 Section 106 . 343.10 (5) (a) 2. of the statutes is amended to read:

SB377,69,19 343.10 (5) (a) 2. If the applicant has 2 or more convictions, suspensions or revocations, as counted under s. 343.307 (1), the occupational license shall prohibit the applicant from driving or operating a motor vehicle while he or she has an alcohol concentration of more than 0.0 or a tetrahydrocannabinols concentration of more than 0.0.

SB377,107 Section 107 . 343.10 (8) (intro.) of the statutes is amended to read:

SB377,69,25 343.10 (8) Violation of restrictions. (intro.) Any person who violates a restriction on an occupational license as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs shall be:

SB377,108 Section 108. 343.12 (7) (a) 9. of the statutes is amended to read:

SB377,70,4 343.12 (7) (a) 9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol or tetrahydrocannabinols concentration under s. 346.63 (1).

SB377,109 Section 109 . 343.12 (7) (a) 11. of the statutes is amended to read:

SB377,70,8 343.12 (7) (a) 11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under s. 346.63 (2m) or while under the legal age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p).

SB377,110 Section 110 . 343.16 (2) (b) of the statutes is amended to read:

SB377,71,8 343.16 (2) (b) Specific requirements. The standards developed by the department under par. (c) shall provide that the examination for persons making their first application for an operator's license shall include, subject to sub. (3) (am), a test of the applicant's eyesight, ability to read and understand highway signs regulating, warning and directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26, understanding of fuel-efficient driving habits and the relative costs and availability of other modes of transportation, knowledge of the need for anatomical gifts and the ability to make an anatomical gift through the use of a donor card issued under s. 343.175 (2), and an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The test of knowledge of the traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the consumption of alcohol beverages and tetrahydrocannabinols. The test of knowledge may also include questions on the social, medical and economic effects of alcohol and other drug abuse. The examination of applicants for authorization to operate `Class M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including proper eye protection to be worn during hours of darkness. The department may require persons changing their residence to this state from another jurisdiction and persons applying for a reinstated license after termination of a revocation period to take all or parts of the examination required of persons making their first application for an operator's license. Any applicant who is required to give an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall furnish a representative vehicle in safe operating condition for use in testing ability.

SB377,111 Section 111 . 343.16 (5) (a) of the statutes is amended to read:

SB377,72,8 343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease, or condition concerning the use of alcohol, a controlled substance or a controlled substance analog, or tetrahydrocannabinols is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).

SB377,112 Section 112 . 343.30 (1p) of the statutes is amended to read:

SB377,72,16 343.30 (1p) Notwithstanding sub. (1), a court shall suspend the operating privilege of a person for 3 months upon the person's conviction by the court for violation of s. 346.63 (2m) or (2p) or a local ordinance in conformity with s. 346.63 (2m) or (2p). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p) or a local ordinance in conformity with s. 346.63 (2m) or (2p), the court shall suspend the operating privilege of the person for 6 months.

SB377,113 Section 113 . 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

SB377,73,2 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a., b., or d., the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall:

SB377,114 Section 114 . 343.30 (1q) (d) 1. of the statutes is amended to read:

SB377,73,15 343.30 (1q) (d) 1. The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs, or attendance at a school under s. 345.60, or both. If the plan requires treatment at an approved tribal treatment facility, as defined in s. 51.01 (2c), the plan may include traditional tribal treatment modes. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year.

SB377,115 Section 115 . 343.30 (1q) (h) of the statutes is amended to read:

SB377,74,2 343.30 (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 (2p) 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 same incident or occurrence. The court may modify an occupational license authorized under s. 343.305 (8) (d) in accordance with this subsection.

SB377,116 Section 116 . 343.305 (2) of the statutes is amended to read:

SB377,74,17 343.305 (2) Implied consent. Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways of this state, or in those areas enumerated in s. 346.61, is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, tetrahydrocannabinols, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, tetrahydrocannabinols, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer under sub. (3) (a) or (am) or when required to do so under sub. (3) (ar) or (b). Any such tests shall be administered upon the request of a law enforcement officer. The law enforcement agency by which the officer is employed shall be prepared to administer, either at its agency or any other agency or facility, 2 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests shall be administered first.

SB377,117 Section 117 . 343.305 (3) (a) of the statutes is amended to read:

SB377,74,25 343.305 (3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m), (2p), or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon arrest subsequent to a refusal under par. (ar), a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample.

SB377,118 Section 118. 343.305 (3) (am) of the statutes is amended to read:

SB377,75,11 343.305 (3) (am) Prior to arrest, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2) whenever a law enforcement officer detects any presence of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person is violating or has violated s. 346.63 (7). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. For the purposes of this paragraph, “law enforcement officer" includes inspectors in the performance of duties under s. 110.07 (3).

SB377,119 Section 119 . 343.305 (3) (ar) 1. of the statutes is amended to read:

SB377,75,24 343.305 (3) (ar) 1. If a person is the operator of a vehicle that is involved in an accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any person, and a law enforcement officer detects any presence of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog or other drug, or a combination thereof, the law enforcement officer may request the operator to provide one or more samples of his or her breath, blood, or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subdivision and one or more samples specified in par. (a) or (am) may be administered to the person. If a person refuses to take a test under this subdivision, he or she may be arrested under par. (a).

SB377,120 Section 120 . 343.305 (3) (b) of the statutes is amended to read:

SB377,76,10 343.305 (3) (b) A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person has violated s. 346.63 (1), (2m), (2p), or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or detects any presence of alcohol, tetrahydrocannabinols, controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person has violated s. 346.63 (7), one or more samples specified in par. (a) or (am) may be administered to the person.

SB377,121 Section 121 . 343.305 (5) (b) of the statutes is amended to read:

SB377,76,21 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation of s. 346.63 (1), (2), (2m), (2p), (5), or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m), (2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog, or any other drug, or any combination of alcohol, controlled substance, controlled substance analog, and any other drug in the blood only by a physician, registered nurse, medical technologist, physician assistant, phlebotomist, or other medical professional who is authorized to draw blood, or person acting under the direction of a physician.

SB377,122 Section 122 . 343.305 (5) (d) of the statutes is amended to read:

SB377,77,20 343.305 (5) (d) At the trial of any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have been driving or operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any other drug, or under the influence of any combination of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog and any other drug, to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or having a prohibited alcohol or tetrahydrocannabinols concentration, or alleged to have been driving or operating or on duty time with respect to a commercial motor vehicle while having an alcohol concentration above 0.0 or possessing an intoxicating beverage, regardless of its alcohol content, or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content, or of having an alcohol concentration of 0.04 or more, the results of a test administered in accordance with this section are admissible on the issue of whether the person was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any other drug, or under the influence of any combination of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog and any other drug, to a degree which renders him or her incapable of safely driving or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or any issue relating to the person's alcohol concentration. Test results shall be given the effect required under s. 885.235.

SB377,123 Section 123 . 343.305 (5) (dm) of the statutes is created to read:

SB377,78,2 343.305 (5) (dm) At the trial of any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have been driving or operating a motor vehicle while having a tetrahydrocannabinols concentration at or above specified levels, the results of a blood test administered in accordance with this section are admissible on any issue relating to the tetrahydrocannabinols concentration. Test results shall be given the effect required under s. 885.235.

SB377,124 Section 124 . 343.305 (6) (a) of the statutes is amended to read:

SB377,78,15 343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under this section shall have been performed substantially according to methods approved by the laboratory of hygiene and by an individual possessing a valid permit to perform the analyses issued by the department of health services. The department of health services shall approve laboratories for the purpose of performing chemical analyses of blood or urine for alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs and shall develop and administer a program for regular monitoring of the laboratories. A list of approved laboratories shall be provided to all law enforcement agencies in the state. Urine specimens are to be collected by methods specified by the laboratory of hygiene. The laboratory of hygiene shall furnish an ample supply of urine and blood specimen containers to permit all law enforcement officers to comply with the requirements of this section.

SB377,125 Section 125 . 343.305 (7) (a) of the statutes is amended to read:

SB377,78,22 343.305 (7) (a) If a person submits to chemical testing administered in accordance with this section and any test results indicate the presence of a detectable amount of a restricted controlled substance in the person's blood or a prohibited alcohol or tetrahydrocannabinols concentration, the law enforcement officer shall report the results to the department. The person's operating privilege is administratively suspended for 6 months.

SB377,126 Section 126 . 343.305 (8) (b) 2. bm. of the statutes is amended to read:

SB377,79,3 343.305 (8) (b) 2. bm. Whether the person had a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount of a restricted controlled substance in his or her blood at the time the offense allegedly occurred.

SB377,127 Section 127 . 343.305 (8) (b) 2. d. of the statutes is amended to read:

SB377,79,8 343.305 (8) (b) 2. d. If one or more tests were administered in accordance with this section, whether each of the test results for those tests indicate the person had a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount of a restricted controlled substance in his or her blood.

SB377,128 Section 128 . 343.305 (8) (b) 4m. a. of the statutes is amended to read:

SB377,79,14 343.305 (8) (b) 4m. a. A blood test administered in accordance with this section indicated that the person had a detectable amount of methamphetamine , or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol or a prohibited tetrahydrocannabinols concentration but did not have a detectable amount of any other restricted controlled substance in his or her blood.

SB377,129 Section 129 . 343.305 (8) (b) 5. b. of the statutes is amended to read:

SB377,79,18 343.305 (8) (b) 5. b. The person did not have a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount of a restricted controlled substance in his or her blood at the time the offense allegedly occurred.

SB377,130 Section 130 . 343.305 (8) (b) 6. b. of the statutes is amended to read:

SB377,79,22 343.305 (8) (b) 6. b. The person had a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount of a restricted controlled substance in his or her blood at the time the offense allegedly occurred.

SB377,131 Section 131 . 343.305 (9) (a) 5. a. of the statutes is amended to read:

SB377,80,11 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol, tetrahydrocannabinols, a controlled substance or a controlled substance analog or any combination of alcohol, tetrahydrocannabinols, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders the person incapable of safely driving, or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of safely driving, having a restricted controlled substance in his or her blood, or having a prohibited alcohol or tetrahydrocannabinols concentration or, if the person was driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or more and whether the person was lawfully placed under arrest for violation of s. 346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

SB377,132 Section 132 . 343.305 (9) (a) 5. c. of the statutes is amended to read:

SB377,80,18 343.305 (9) (a) 5. c. Whether the person refused to permit the test. The person shall not be considered to have refused the test if it is shown by a preponderance of evidence that the refusal was due to a physical inability to submit to the test due to a physical disability or disease unrelated to the use of alcohol, tetrahydrocannabinols, controlled substances, controlled substance analogs or other drugs.

SB377,133 Section 133 . 343.305 (9) (am) 5. a. of the statutes is amended to read:

SB377,80,23 343.305 (9) (am) 5. a. Whether the officer detected any presence of alcohol, tetrahydrocannabinols, controlled substance, controlled substance analog or other drug, or a combination thereof, on the person or had reason to believe that the person was violating or had violated s. 346.63 (7).

SB377,134 Section 134 . 343.305 (9) (am) 5. c. of the statutes is amended to read:

SB377,81,6 343.305 (9) (am) 5. c. Whether the person refused to permit the test. The person shall not be considered to have refused the test if it is shown by a preponderance of evidence that the refusal was due to a physical inability to submit to the test due to a physical disability or disease unrelated to the use of alcohol, tetrahydrocannabinols, controlled substances, controlled substance analogs or other drugs.

SB377,135 Section 135 . 343.305 (9) (d) of the statutes is amended to read:

SB377,81,15 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2m), (2p), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

SB377,136 Section 136 . 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:

SB377,81,25 343.305 (10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the person and the department of transportation of the assessment order. The court shall also notify the person that noncompliance with assessment or the driver safety plan will result in license suspension until the person is in compliance. The assessment order shall:

SB377,137 Section 137. 343.305 (10) (d) of the statutes is amended to read:

SB377,83,16 343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall revoke the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

SB377,138 Section 138 . 343.305 (10) (em) of the statutes is amended to read:

SB377,84,3 343.305 (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), (2p), 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 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).