SB150,1944Section 19. 343.10 (7) (cm) of the statutes is repealed.
SB150,2045Section 20. 343.105 of the statutes is created to read:
SB150,,4646343.105 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.
SB150,,4747(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.
SB150,,4848(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:
SB150,,49491. Pursuant to subd. 2. and except as provided in subds. 3. to 7., immediately upon suspension or revocation of his or her operating privilege.
SB150,,50502. 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).
SB150,,51513. 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.
SB150,,52524. Thirty days following the final determination that sustains a suspension after an administrative review under s. 343.305 (8).
SB150,,53535. Thirty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 2.
SB150,,54546. Ninety days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 3.
SB150,,55557. One hundred twenty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 4.
SB150,,5656(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).
SB150,,5757(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.
SB150,,5858(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.
SB150,,5959(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:
SB150,,6060(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.
SB150,,6161(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.
SB150,,6262(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.
SB150,,6363(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).
SB150,,6464(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.
SB150,,6565(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).
SB150,,6666(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.
SB150,,6767(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.
SB150,2168Section 21. 343.105 (1) (d) of the statutes is created to read:
SB150,,6969343.105 (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.
SB150,2270Section 22. 343.105 (1) (e) 2. of the statutes is created to read:
SB150,,7171343.105 (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).
SB150,2372Section 23. 343.165 (5) of the statutes is amended to read: