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LRB-4085/1
EVM:kjf&amn
2019 - 2020 LEGISLATURE
August 29, 2019 - Introduced by Senators Wanggaard, Darling, Jacque, L. Taylor
and Smith, cosponsored by Representatives Ott, Bowen, Murphy and Subeck.
Referred to Committee on Judiciary and Public Safety.
SB384,1,12 1An Act to repeal 343.301 (1m), 343.31 (3m) and 347.50 (1t); to renumber 343.13
2(3); to renumber and amend 343.301 (2m) (a) and 347.413; to consolidate,
3renumber and amend
343.301 (1g) (am) (intro.) and 1.; to amend 303.08
4(10r), 343.10 (1) (b), 343.10 (2) (a) 1., 343.10 (2) (f), 343.10 (5) (a) 1., 343.10 (5)
5(a) 3., 343.10 (5) (b), 343.10 (7) (cm), 343.10 (7) (e), 343.30 (1q) (b) 2., 343.30 (1q)
6(b) 3., 343.30 (1q) (b) 4., 343.301 (1g) (am) 2., 343.301 (3) (a), 343.305 (10) (b) 2.,
7343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305 (10) (em), 343.31 (3) (bm) 2.,
8343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.43 (1) (d), 347.50 (1) and 347.50 (1s);
9and to create 343.10 (1) (am), 343.13 (3) (b), 343.301 (2m) (a) 2., 343.301 (2t),
10343.301 (6) and 343.302 (4) of the statutes; relating to: operating privilege of
11persons who have committed certain offenses related to drunken driving,
12occupational licenses, ignition interlock devices, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides for a restricted occupational operating license limiting the
holder to operating only vehicles that are equipped with an ignition interlock device

(IID) and makes various related changes to statutes governing operating privilege
revocations for certain offenses related to operating a vehicle while intoxicated (OWI
offense).
Under current law, if a person commits a first OWI offense in which his or her
blood alcohol concentration was 0.15 or greater or a second or subsequent OWI
offense or improperly refuses to take a test for intoxication, a court must order one
of the following: 1) that the person's operating privilege be restricted to operating
vehicles that are equipped with an IID and that each of the person's motor vehicles
be equipped with an IID; or 2) that the person participate in a 24-7 sobriety program.
Under this bill, in the situation described above, with limited exceptions, a
court must order that the person's operating privilege be restricted to operating
motor vehicles that are equipped with an IID, but need not order that a person's
motor vehicles be equipped with an IID.
Under current law, a court must revoke the driving privileges of persons
convicted of certain OWI offenses for periods ranging from not less than six months
for a first OWI offense to not less than two years for a third or subsequent OWI
offense. Persons whose operating privilege is suspended under these provisions are
eligible for occupational licenses with a waiting period of 15 to 45 days. Under
current law, with certain exceptions and limitations, a person may apply for an
occupational license if the person's operating privilege is revoked or suspended and
the person is engaged in an occupation making it essential that he or she operate a
motor vehicle.
Under this bill, a person is eligible for a restricted occupational license after 15
days have elapsed from the day of suspension or revocation.
Current law prohibits a person from circumventing the operation of an IID
installed under a court order, failing to have an IID installed as ordered by a court,
and violating certain court orders restricting a person's operating privilege.
Violation of any of these prohibitions is punishable by a forfeiture of not less than $10
nor more than $200 and extension of the period of IID restriction.
This bill increases the penalty for these violations to, for a first offense, a fine
of not less than $150 nor more than $600 and imprisonment for not more than six
months or both and, for a second or subsequent offense, a fine of not less than $300
nor more than $1,000 or imprisonment for not more than six months or both. This
bill also provides that a person who violates the IID restriction of an IID restricted
license is subject to the penalties, as modified in this bill.
Also under this bill, if an IID service provider removes or disconnects an IID
from a motor vehicle, the service provider must inform DOT of the removal or
disconnection no later than three days after the removal or disconnection.
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:
SB384,1 1Section 1 . 303.08 (10r) of the statutes is amended to read:
SB384,3,92 303.08 (10r) The sheriff may not permit a prisoner whose operating privilege
3for the operation of “Class D" vehicles is restricted to operating vehicles that are
4equipped with an ignition interlock device
who is subject to an ignition interlock
5device installation order
under s. 343.301 (1g) to leave the jail under sub. (1) unless,
6within 2 weeks after the court issues an order under s. 343.301 (1g) (am) 1. or the
7person's operating privilege is restricted under s. 343.301 (1g) (am)
2., the person
8submits proof to the sheriff that an ignition interlock device has been installed in
9each motor vehicle to which the order applies.
SB384,2 10Section 2 . 343.10 (1) (am) of the statutes is created to read:
SB384,3,1611 343.10 (1) (am) Notwithstanding par. (a), if a person's license or operating
12privilege is revoked or suspended under s. 343.30 (1q) (b), 343.305 (7) (a) or (10), or
13343.31 (2), the person, after payment of the fee provided in sub. (6), may file an
14application with the department for an occupational license restricting the
15applicant's operation under the license to vehicles that are equipped with a
16functioning ignition interlock device.
SB384,3 17Section 3 . 343.10 (1) (b) of the statutes is amended to read:
SB384,4,918 343.10 (1) (b) The application shall be in a form established by the department
19and shall identify the specific motor vehicle that the applicant seeks authorization
20to operate, including the vehicle classification and any required endorsements. The
21For an application under par. (a), the application shall include an explanation of why

1operating the motor vehicle is essential to the person's livelihood and identify the
2person's occupation or trade. The For an application under par. (a), the application
3shall identify the applicant's employer, and include proof of financial responsibility
4as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant
5requests authorization to operate. The For an application under par. (a), the
6application shall identify the hours of operation and routes of travel being requested
7by the applicant in accord with the restrictions of sub. (5). For an application under
8par. (am), the application shall provide proof that the applicant has access to a motor
9vehicle equipped with an ignition interlock device.
SB384,4 10Section 4 . 343.10 (2) (a) 1. of the statutes is amended to read:
SB384,4,1711 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
12incident or occurrence for which the person's license or operating privilege is
13currently revoked or suspended, the person's license or operating privilege was not
14revoked or suspended previously under this chapter or ch. 344 or s. 943.21 (3m) or
15961.50 within the one-year period immediately preceding the present revocation or
16suspension, except as provided in s. 344.40. This subdivision does not apply to an
17application under sub. (1) (am).
SB384,5 18Section 5 . 343.10 (2) (f) of the statutes is amended to read:
SB384,5,419 343.10 (2) (f) If the court orders under s. 343.301 (1g) that the person's
20operating privilege for the operation of “Class D" vehicles be restricted to operating
21vehicles that are equipped with an ignition interlock device, no occupational license
22may be granted until the person pays the surcharge under s. 343.301 (5) and. If the
23court orders the installation of an ignition interlock device under s. 343.301 (1g), no
24occupational license may be granted until the person
submits proof that an ignition
25interlock device has been installed in each motor vehicle to which the order under

1s. 343.301 applies. A person who is subject to an order under s. 343.301 (1g) (am)
22. need not submit proof that an ignition interlock device has been installed if he or
3she is participating in a program designated in the order, unless he or she is also
4subject to an order under s. 343.301 (1g) (am) 1.
SB384,6 5Section 6 . 343.10 (5) (a) 1. of the statutes is amended to read:
SB384,5,176 343.10 (5) (a) 1. In addition to any restrictions appearing on the former
7operator's license of the applicant, the occupational license shall contain definite
8restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
9type of occupation and areas or routes of travel which are permitted under the
10license. The occupational license may permit travel to and from church during
11specified hours if the travel does not exceed the restrictions as to hours of the day and
12hours per week in this subdivision
. The occupational license may permit travel
13necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
14if the travel does not exceed the restrictions as to hours of the day and hours per week
15in this subdivision
. The occupational license may contain restrictions on the use of
16alcohol and of controlled substances and controlled substance analogs in violation of
17s. 961.41. This subdivision does not apply to an application under sub. (1) (am).
SB384,7 18Section 7 . 343.10 (5) (a) 3. of the statutes is amended to read:
SB384,6,1519 343.10 (5) (a) 3. The occupational license of the applicant shall restrict the
20applicant's operation under the occupational license to vehicles that are equipped
21with a functioning ignition interlock device if the application is under sub. (1) (am),
22the court has ordered under s. 343.301 (1g) that the person's operating privilege for
23Class D vehicles be restricted to operating vehicles that are equipped with an
24ignition interlock device, or the court has ordered under s. 346.65 (6) (a) 1., 1999
25stats., that the motor vehicle owned by the person and used in the violation or

1improper refusal be equipped with an ignition interlock device. A person to whom
2a restriction under this subdivision applies violates that restriction if he or she
3removes or disconnects an ignition interlock device, requests or permits another to
4blow into an ignition interlock device or to start a motor vehicle equipped with an
5ignition interlock device for the purpose of providing the person an operable motor
6vehicle without the necessity of first submitting a sample of his or her breath to
7analysis by the ignition interlock device, or otherwise tampers with or circumvents
8the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b),
9if the court orders the installation of an ignition interlock device under s. 343.301 (1g)
10and the
occupational license restricts the applicant's operation to a vehicle that is
11equipped with an ignition interlock device, the applicant shall be liable for the
12reasonable costs of equipping the vehicle with the ignition interlock device. This
13subdivision does not apply to an applicant who is subject to an order under s. 343.301
14(1g) (am) 2. while the applicant is participating in a program designated in the order,
15unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.
SB384,8 16Section 8 . 343.10 (5) (b) of the statutes is amended to read:
SB384,6,1917 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
18specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
19(3m),
343.32 (1m), 767.73, and 961.50.
SB384,9 20Section 9 . 343.10 (7) (cm) of the statutes is amended to read:
SB384,7,221 343.10 (7) (cm) If the occupational license includes the restriction specified in
22sub. (5) (a) 3.
court orders the installation of an ignition interlock device under s.
23343.301 (1g)
, the department shall not issue the occupational license until the
24applicant provides evidence satisfactory to the department that any motor vehicle

1that the applicant will be permitted to operate subject to the order has been equipped
2with a functioning ignition interlock device.
SB384,10 3Section 10 . 343.10 (7) (e) of the statutes is amended to read:
SB384,7,144 343.10 (7) (e) The occupational license issued by the department shall contain
5the restrictions required by sub. (5). The occupational license authorizes the licensee
6to operate a motor vehicle only when that operation is an essential part of the
7licensee's occupation or trade.
If the department determines that the applicant is
8eligible under sub. (2), the department may impose such conditions and limitations
9upon the authorization to operate motor vehicles as in the secretary's judgment are
10necessary in the interest of public safety and welfare, including reexamination of the
11person's qualifications to operate a motor vehicle or a particular type thereof. The
12department may limit such authorization to include, without limitation, the
13operation of particular vehicles, particular kinds of operation and particular traffic
14conditions.
SB384,11 15Section 11 . 343.13 (3) of the statutes is renumbered 343.13 (3) (a).
SB384,12 16Section 12 . 343.13 (3) (b) of the statutes is created to read:
SB384,7,2117 343.13 (3) (b) If a person is convicted of violating s. 343.302 (1), the department
18shall include on the person's license a restriction of the person's operating privilege
19to operating vehicles equipped with an ignition interlock device for 6 months. A
20restriction under this paragraph is consecutive to any existing restriction period
21under this paragraph or par. (a).
SB384,13 22Section 13 . 343.30 (1q) (b) 2. of the statutes is amended to read:
SB384,8,323 343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
24first conviction, the court shall revoke the person's operating privilege for not less
25than 6 months nor more than 9 months. The person is eligible for an occupational

1license under s. 343.10 at any time.
There is no minimum waiting period before
2issuance of an occupational license under s. 343.10 to a person whose operating
3privilege is revoked under this subdivision.
SB384,14 4Section 14 . 343.30 (1q) (b) 3. of the statutes is amended to read:
SB384,8,125 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
6of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
7number of other convictions, suspensions, and revocations counted under s. 343.307
8(1) within a 10-year period, equals 2, the court shall revoke the person's operating
9privilege for not less than one year nor more than 18 months. After the first 45 days
10of the revocation period has elapsed, the person is eligible for an occupational license
11under s. 343.10 if he or she has completed the assessment and is complying with the
12driver safety plan ordered under par. (c).
SB384,15 13Section 15 . 343.30 (1q) (b) 4. of the statutes is amended to read:
SB384,8,2114 343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number
15of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
16number of other convictions, suspensions, and revocations counted under s. 343.307
17(1), equals 3 or more, the court shall revoke the person's operating privilege for not
18less than 2 years nor more than 3 years. After the first 45 days of the revocation
19period has elapsed, the person is eligible for an occupational license under s. 343.10
20if he or she has completed the assessment and is complying with the driver safety
21plan ordered under par. (c).
SB384,16 22Section 16 . 343.301 (1g) (am) (intro.) and 1. of the statutes are consolidated,
23renumbered 343.301 (1g) (am) 1. and amended to read:
SB384,9,624 343.301 (1g) (am) 1. A Except as provided in this subdivision, a court shall
25order one or more of the following: 1. That that the person's operating privilege for

1the operation of “Class D" vehicles be restricted to operating vehicles that are
2equipped with an ignition interlock device and, except as provided in sub. (1m), shall
3may order that each any motor vehicle for which the person's name appears on the
4vehicle's certificate of title or registration be equipped with an ignition interlock
5device. A court that has issued an order under subd. 2. and that is a court for a county
6designated under s. 165.957 (2) may issue an order under this subdivision.
SB384,17 7Section 17 . 343.301 (1g) (am) 2. of the statutes is amended to read:
SB384,9,188 343.301 (1g) (am) 2. That A court may order that the person participate in a
9program described in s. 165.957 or that meets the definition of a 24-7 sobriety
10program under 23 USC 405 (d) (7) (A) and regulations adopted thereunder. If the
11court enters an order under this subdivision, when the person completes or otherwise
12does not participate in the program, the court shall order that the person's operating
13privilege for the operation of “Class D" vehicles be restricted to operating vehicles
14that are equipped with an ignition interlock device, shall specify the duration of the
15order, shall, except as provided in sub. (1m), may order that each any motor vehicle
16for which the person's name appears on the vehicle's certificate of title or registration
17be equipped with an ignition interlock device, and shall notify the department of such
18order.
SB384,18 19Section 18 . 343.301 (1m) of the statutes is repealed.
SB384,19 20Section 19. 343.301 (2m) (a) of the statutes is renumbered 343.301 (2m) (a)
211. and amended to read:
SB384,9,2522 343.301 (2m) (a) 1. If the court enters an order under sub. (1g) (am) 1. with
23respect to a person to whom the department has issued an operator's license or who
24is a resident of the state
, the restriction of the person's operating privilege under the
25order under sub. (1g) (am) 1. shall begin on the date the order under sub. (1g) (am)

11. is issued and extend for a period of not less than one year after the date the
2department issues any license granted under this chapter nor more than the
3maximum operating privilege revocation period permitted for the refusal or violation
4after the date the department issues any license granted under this chapter except
5that if the maximum operating privilege revocation period is less than one year, the
6restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for
7a period of one year after the department issues any license granted under this
8chapter.
SB384,10,11 93. If the court enters an ignition interlock device installation order under sub.
10(1g) (am) 1., the court may specify the date by which an ignition interlock device
11under sub. (1g) (am) 1. shall be installed.
SB384,20 12Section 20. 343.301 (2m) (a) 2. of the statutes is created to read:
SB384,10,2213 343.301 (2m) (a) 2. If the court enters an order under sub. (1g) (am) 1. with
14respect to a person to whom the department has not issued an operator's license and
15who is not a resident of the state, the restriction of the person's operating privilege
16under the order under sub. (1g) (am) 1. shall begin on the date the order under sub.
17(1g) (am) 1. is issued and extend for a period of not less than one year after the earliest
18of the following, nor more than the maximum operating privilege revocation period
19permitted for the refusal or violation after the earliest of the following, except that
20if the maximum operating privilege revocation period is less than one year, the
21restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for
22a period of one year after the earliest of the following:
SB384,11,223 a. The date that the person provides proof to the department that the person's
24state of residence has reinstated the person's operating privilege from suspension,

1revocation, cancellation, or disqualification imposed by that state with respect to the
2result of the report of the conviction to that state.
SB384,11,43 b. The date that the department reinstates the person's operating privilege in
4this state.
SB384,21 5Section 21 . 343.301 (2t) of the statutes is created to read:
SB384,11,126 343.301 (2t) Notwithstanding sub. (2m), the court shall give credit toward the
7period of operating privilege restriction for each day that a person holds a license
8restricting the person's operation under the license to vehicles that are equipped
9with a functioning ignition interlock device following a suspension or revocation for
10the conduct from which the order under sub. (1g) (am) 1. arises. If more than one
11period of restriction has been imposed on the person, credit under this subsection
12may only be given for one period of restriction.
SB384,22 13Section 22 . 343.301 (3) (a) of the statutes is amended to read:
SB384,11,1714 343.301 (3) (a) Except as provided in par. (b), if the court enters an ignition
15interlock device installation
order under sub. (1g), the person shall be liable for the
16reasonable cost of equipping and maintaining any ignition interlock device installed
17on his or her motor vehicle.
SB384,23 18Section 23 . 343.301 (6) of the statutes is created to read:
SB384,11,2219 343.301 (6) If a service provider of ignition interlock systems on motor vehicles
20removes or disconnects an ignition interlock device from a motor vehicle, the service
21provider shall inform the department of the removal or disconnection no later than
223 working days after the removal or disconnection of the device.
SB384,24 23Section 24 . 343.302 (4) of the statutes is created to read:
SB384,12,324 343.302 (4) Any person violating sub. (1) may be fined not less than $150 nor
25more than $600, or may be imprisoned for not more than 6 months, or both for the

1first offense. For a 2nd or subsequent conviction within 5 years, the person may be
2fined not less than $300 nor more than $1,000, or imprisoned for not more than 6
3months, or both.
SB384,25 4Section 25 . 343.305 (10) (b) 2. of the statutes is amended to read:
SB384,12,85 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
6improper refusal, the court shall revoke the person's operating privilege for one year.
7After the first 30 days of the revocation period, the person is eligible for an
8occupational license under s. 343.10.
SB384,26 9Section 26 . 343.305 (10) (b) 3. of the statutes is amended to read:
SB384,12,1810 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions
11under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
12convictions, suspensions, and revocations counted under s. 343.307 (2) within a
1310-year period, equals 2, the court shall revoke the person's operating privilege for
142 years. After the first 90 days of the revocation period or, if the total number of
15convictions, suspensions, and revocations counted under this subdivision within any
165-year period equals 2 or more, after one year of the revocation period has elapsed,
17the person is eligible for an occupational license under s. 343.10 if he or she has
18completed the assessment and is complying with the driver safety plan.
SB384,27 19Section 27 . 343.305 (10) (b) 4. of the statutes is amended to read:
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