AB167: Bill Text

AB167,,27 343.10 (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.

AB167,,28 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:

AB167,,29 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.

AB167,,30 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.

AB167,,31 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.

AB167,,32 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 under this section after 120 days have elapsed from the date he or she received a notice of intent to revoke.

AB167,13 Section 13. 343.10 (2) (a) (intro.) of the statutes is amended to read:

AB167,,34 343.10 (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:

AB167,14 Section 14. 343.10 (2) (e) of the statutes is renumbered 343.105 (1) (e) 1. and amended to read:

AB167,,36 343.105 (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.

AB167,15 Section 15. 343.10 (2) (f) of the statutes is renumbered 343.105 (1) (f) and amended to read:

AB167,,38 343.105 (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.

AB167,16 Section 16. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) and amended to read:

AB167,,40 343.10 (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.

AB167,17 Section 17. 343.10 (5) (a) 2. and 3. of the statutes are repealed.

AB167,18 Section 18. 343.10 (5) (b) of the statutes is amended to read:

AB167,,43 343.10 (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.

AB167,19 Section 19. 343.10 (7) (cm) of the statutes is repealed.

AB167,20 Section 20. 343.105 of the statutes is created to read:

AB167,,46 343.105 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 under s. 343.307 (1), the person may file an application with the department for a license under this section at any time.

AB167,,47 (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.

AB167,,48 (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:

AB167,,49 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.

AB167,,50 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).

AB167,,51 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.

AB167,,52 4. Thirty days following the final determination that sustains a suspension after an administrative review under s. 343.305 (8).

AB167,,53 5. Thirty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 2.

AB167,,54 6. Ninety days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 3.

AB167,,55 7. One hundred twenty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 4.

AB167,,56 (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).

AB167,,57 (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.

AB167,,58 (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.

AB167,,59 (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:

AB167,,60 (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.

AB167,,61 (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.

AB167,,62 (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.

AB167,,63 (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).

AB167,,64 (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.

AB167,,65 (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 person’s license. The ignition interlock restricted license issued by the department shall contain the limitations required by sub. (2).

AB167,,66 (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.

AB167,,67 (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.

AB167,21 Section 21. 343.105 (1) (d) of the statutes is created to read:

AB167,,69 343.105 (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.

AB167,22 Section 22. 343.105 (1) (e) 2. of the statutes is created to read:

AB167,,71 343.105 (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).

AB167,23 Section 23. 343.165 (5) of the statutes is amended to read:

AB167,,73 343.165 (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.

AB167,24 Section 24. 343.21 (1) (k) of the statutes is amended to read:

AB167,,75 343.21 (1) (k) For an occupational license, $40 $90, and for an ignition interlock restricted license, $90.

AB167,25 Section 25. 343.28 (1) of the statutes is amended to read:

AB167,,77 343.28 (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 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.

AB167,26 Section 26. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB167,,79 343.30 (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.

AB167,27 Section 27. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB167,,81 343.30 (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 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.

AB167,28 Section 28. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB167,,83 343.30 (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.

AB167,29 Section 29. 343.30 (1q) (h) of the statutes is amended to read:

AB167,,85 343.30 (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 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.

AB167,30 Section 30. 343.301 (title) of the statutes is amended to read:

AB167,,87 343.301 (title) Installation of ignition Ignition interlock device required.

AB167,31 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:

AB167,,89 343.301 (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:

AB167,,90 (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).

AB167,32 Section 32. 343.301 (1g) (am) of the statutes is repealed.

AB167,33 Section 33. 343.301 (1m) of the statutes is repealed.

AB167,34 Section 34. 343.301 (2m) of the statutes is repealed and recreated to read:

AB167,,94 343.301 (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 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.

AB167,35 Section 35. 343.301 (3) of the statutes is amended to read:

AB167,,96 343.301 (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.

AB167,,97 (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.

AB167,36 Section 36. 343.301 (4) of the statutes is amended to read:

AB167,,99 343.301 (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 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.

AB167,37 Section 37. 343.301 (5) of the statutes is amended to read:

AB167,,101 343.301 (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.

AB167,38 Section 38. 343.305 (8) (a) of the statutes is amended to read:

AB167,,103 343.305 (8) (a) The law enforcement officer shall notify the person of the administrative suspension under sub. (7) (a). The notice shall advise the person that his or her operating privilege will be administratively suspended and that he or she has the right to obtain administrative and judicial review under this subsection, but that if he or she does not request an administrative or judicial review, he or she may be eligible to receive an ignition interlock restricted license under s. 343.105 immediately. This notice of administrative suspension serves as a 30-day temporary license. An administrative suspension under sub. (7) (a) becomes effective at the time the 30-day temporary license expires. The officer shall submit or mail a copy of the notice to the department.

AB167,39 Section 39. 343.305 (8) (am) of the statutes is renumbered 343.305 (8) (am) (intro.) and amended to read:

AB167,,105 343.305 (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:

AB167,,106 1. A form for the person to use to request the administrative review under this subsection. The form shall clearly indicate how to request an administrative review and shall clearly notify the person that this form must be submitted within 10 days from the notice date indicated on the form or the person’s hearing rights will be deemed waived. The form shall, in no less than 16-point boldface type, be titled: IMPORTANT NOTICE — RESPOND WITHIN TEN (10) DAYS. The form shall clearly indicate that if the person requests a review and the suspension is sustained, he or she is not eligible to receive an occupational license under s. 343.10 until 45 days, or an ignition interlock restricted license under s. 343.105 until 15 days, after the final determination sustaining the suspension occurs.

AB167,40 Section 40. 343.305 (8) (am) 2. and 3. of the statutes are created to read:

AB167,,108 343.305 (8) (am) 2. A form that explains the procedure for applying for an occupational license under s. 343.10 or an ignition interlock restricted license under s. 343.105. The form shall clearly indicate that the person may apply for an ignition interlock restricted license at any time and that the person may be eligible to receive the ignition interlock restricted license immediately after he or she receives notice that his or her operating privilege has been suspended under sub. (7) if he or she does not request an administrative review of the suspension. The form shall provide information on how and where to have an ignition interlock device that is approved by the department installed. The form shall clearly indicate that the person may be eligible for an occupational license under s. 343.10 45 days after his or her arrest.

AB167,,109 3. An application form for an ignition interlock restricted license.

AB167,41 Section 41. 343.305 (8) (d) of the statutes is repealed.

AB167,42 Section 42. 343.305 (9) (a) (intro.) of the statutes is amended to read:

AB167,,112 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately prepare a notice of intent to revoke, by court order under sub. (10), the person’s operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege and an application form for an ignition interlock restricted license to the person and submit or mail a copy to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person’s operating privilege shall contain substantially all of the following information:

AB167,43 Section 43. 343.305 (9) (a) 7. and 8. of the statutes are created to read:

AB167,,114 343.305 (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.

AB167,,115 8. An explanation of the procedure for applying for an ignition interlock restricted license under s. 343.105.