SB 384 — Relating to: operating privilege of persons who have committed certain offenses related to drunken driving, occupational licenses, ignition interlock devices, and providing a penalty. (FE)

(6), may file an application with the department for an occupational license restricting the applicant's operation under the license to vehicles that are equipped with a functioning ignition interlock device.

SECTION 3.

343.10 (1) (b) of the statutes is amended to read:

343.10 (1) (b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements.

The For an application under par.

(a), the application shall include an explanation of why - 2020 Legislature - 4 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 3 operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade.

The For an application under par.

(a), the application shall identify the applicant's employer, and include proof of financial responsibility as specified in s.

343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operateThe For an application under par.

(a), the application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of sub.

(5).

For an application under par.

(am), the application shall provide proof that the applicant has access to a motor vehicle equipped with an ignition interlock device.

SECTION 4.

343.10 (2) (a) 1.

of the statutes is amended to read:

343.10(2) (a) 1.

Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch.

344 or s.

943.21 (3m) or 961.50 within the one-year period immediately preceding the present revocation or suspension, except as provided in s.

344.40.

This subdivision does not apply to an application under sub.

(1) (am).

SECTION 5.

343.10 (2) (f) of the statutes is amended to read:

343.10 (2) (f) If the court orders under s.

343.301 (1g) that the person's operating privilege for the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s.

343.301 (5) and.

If the court orders the installation of an ignition interlock device under s.

343.301 (1g), no occupational license may be granted until the person submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under LRB-4085/1 - 2020 Legislature - 5 - EVM:kjf&amn SECTION 5 SENATE BILL 384 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.

SECTION 6.

343.10 (5) (a) 1.

of the statutes is amended to read:

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 and of controlled substances and controlled substance analogs in violation of s.

961.41.

This subdivision does not apply to an application under sub.

(1) (am).

SECTION 7.

343.10 (5) (a) 3.

of the statutes is amended to read:

343.10 (5) (a) 3.

The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the application is under sub.

(1) (am), the court has ordered under s.

343.301 (1g) that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, or the court has ordered under s.

346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or - 2020 Legislature - 6 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 7 improper refusal be equipped with an ignition interlock device.

A person to whom a restriction under this subdivision applies violates that restriction if he or she removes or disconnects an ignition interlock device, requests or permits 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 the operation of the ignition interlock device.

Except as provided in s.

343.301 (3) (b), if the court orders the installation of an ignition interlock device under s.

343.301 (1g) and the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

This subdivision does not apply to an applicant who is subject to an order under s.

343.301 (1g) (am) 2.

while the applicant 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.

SECTION 8.

343.10 (5) (b) of the statutes is amended to read:

343.10 (5) (b) Limitations.

Occupational licenses are subject to the limitations specified in ss.

343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m), 767.73, and 961.50.

SECTION 9.

343.10 (7) (cm) of the statutes is amended to read:

343.10 (7) (cm) If the occupational license includes the restriction specified in sub.

(5) (a) 3.

court orders the installation of an ignition interlock device under s.

343.301 (1g), the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any motor vehicle LRB-4085/1 - 2020 Legislature - 7 - EVM:kjf&amn SECTION 9 SENATE BILL 384 that the applicant will be permitted to operate to the order has been equipped with a functioning ignition interlock device.

SECTION 10.

343.10 (7) (e) of the statutes is amended to read:

343.10 (7) (e) The occupational license issued by the department shall contain the restrictions required by sub.

(5).

The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade.

If the department determines that the applicant is eligible under sub.

(2), the department may impose such conditions and limitations upon the authorization to operate motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a motor vehicle or a particular type thereof.

The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.

SECTION 11.

343.13 (3) of the statutes is renumbered 343.13 (3) (a).

SECTION 12.

343.13 (3) (b) of the statutes is created to read:

343.13(3) (b) If a person is convicted of violating s.

343.302 (1), the department shall include on the person's license a restriction of the person's operating privilege to operating vehicles equipped with an ignition interlock device for 6 months.

A restriction under this paragraph is consecutive to any existing restriction period under this paragraph or par.

(a).

SECTION 13.

343.30 (1q) (b) 2.

of the statutes is amended to read:

343.30 (1q) (b) 2.

Except as provided in sub.

(1r) or subd.

3., 4.

or 4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months nor more than 9 months.

The person is eligible for an occupational - 2020 Legislature - 8 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 13 license under s.

343.10 at any time.ere is no minimum waiting period before issuance of an occupational license under s.

343.10 to a person whose operating privilege is revoked under this subdivision.

SECTION 14.

343.30 (1q) (b) 3.

of the statutes is amended to read:

343.30 (1q) (b) 3.

Except as provided in sub.

(1r) or subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.

343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating 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).

SECTION 15.

343.30 (1q) (b) 4.

of the statutes is amended to read:

343.30 (1q) (b) 4.

Except as provided in sub.

(1r) or subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.

343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years.

After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s.

343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par.

(c).

SECTION 16.

343.301 (1g) (am) (intro.) and 1.

of the statutes are consolidated, renumbered 343.301 (1g) (am) 1.

and amended to read:

343.301 (1g) (am) 1.

A Except as provided in this subdivision, a court shall order one or more of the following:

PageThatthe 16,person's lineoperating 1:privilege for LRB-4085/1 - 2020 Legislature - 9 - EVM:kjf&amn S ECTION 16 SENATE BILL 384 the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub.

after(1m), shall may order that lineeach insert:any motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device.

“SECTIONA 38.Initialcourt applicability.that has issued an order under subd.

(1)2. This act first applies to violations committed on the effective date of this subsection.

SECTIONand 39.0Effectivethat date.is a court for a county designated under s.

(1)165.957 This(2) actmay takesissue effectan onorder theunder firstthis daysubdivision. of the 10th month beginning after publication.”.

SECTION 17.

343.301 (1g) (am) 2.

of the statutes is amended to read:

343.301 (1g) (am) 2.

That court may order that the person participate in a program described in s.

165.957 or that meets the definition of a 24-7 sobriety program under 23 USC 405 (d) (7) (A) and regulations adopted thereunder.

If the court enters an order under this subdivision, when the person completes or otherwise does not participate in the program, the court shall order that the person's operating privilege for the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, shall specify the duration of the order, shall, except as provided in sub.

(1m), may order that each any motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device, and shall notify the department of such order.

SECTION 18.

343.301 (1m) of the statutes is repealed.

SECTION 19.

343.301 (2m) (a) of the statutes is renumbered 343.301 (2m) (a) 1.

and amended to read:

343.301 (2m) (a) 1.

If the court enters an order under sub.

(1g) (am) 1.

with respect to a person to whom the department has issued an operator's license or who is a resident of the state, the restriction of the person's operating privilege under the order under sub.

(1g) (am) 1.

shall begin on the date the order under sub.

(1g) (am) - 2020 Legislature - 10 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 S ECTION 19 1.

is issued and extend for a period of not less than one year after the date the department issues any license granted under this chapter nor more than the maximum operating privilege revocation period permitted for the refusal or violation after the date the department issues any license granted under this chapter except that if the maximum operating privilege revocation period is less than one year, the restriction of the person's operating privilege under sub.

(1g) (am) 1.

shall extend for a period of one year after the department issues any license granted under this chapter.

3.

If the court enters an ignition interlock device installation order under sub.

(1g) (am) 1., the court may specify the date by which an ignition interlock device under sub.

(1g) (am) 1.

shall be installed.

S ECTION 20.

343.301 (2m) (a) 2.

of the statutes is created to read:

343.301 (2m) (a) 2.

If the court enters an order under sub.

(1g) (am) 1.

with respect to a person to whom the department has not issued an operator's license and who is not a resident of the state, the restriction of the person's operating privilege under the order under sub.

(1g) (am) 1.

shall begin on the date the order under sub.

(1g) (am) 1.

is issued and extend for a period of not less than one year after the earliest of the following, nor more than the maximum operating privilege revocation period permitted for the refusal or violation after the earliest of the following, except that if the maximum operating privilege revocation period is less than one year, the restriction of the person's operating privilege under sub.

(1g) (am) 1.

shall extend for a period of one year after the earliest of the following:

a.

The date that the person provides proof to the department that the person's state of residence has reinstated the person's operating privilege from suspension, LRB-4085/1 - 2020 Legislature - 11 - EVM:kjf&amn S ECTION 20 SENATE BILL 384 revocation, cancellation, or disqualification imposed by that state with respect to the result of the report of the conviction to that state.

b.

The date that the department reinstates the person's operating privilege in this state.

SECTION 21.

343.301 (2t) of the statutes is created to read:

343.301 (2t) Notwithstanding sub.

(2m), the court shall give credit toward the period of operating privilege restriction for each day that a person holds a license restricting the person's operation under the license to vehicles that are equipped with a functioning ignition interlock device following a suspension or revocation for the conduct from which the order under sub.

(1g) (am) 1.

arises.

If more than one period of restriction has been imposed on the person, credit under this subsection may only be given for one period of restriction.

SECTION 22.

343.301 (3) (a) of the statutes is amended to read:

343.301 (3) (a) Except as provided in par.

(b), if the court enters an ignition interlock device installation order under sub.

(1g), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

SECTION 23.

343.301 (6) of the statutes is created to read:

343.301 (6) If a service provider of ignition interlock systems on motor vehicles removes or disconnects an ignition interlock device from a motor vehicle, the service provider shall inform the department of the removal or disconnection no later than 3 working days after the removal or disconnection of the device.

SECTION 24.

343.302 (4) of the statutes is created to read:

343.302 (4) Any person violating sub.

(1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the - 2020 Legislature - 12 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 24 first offense.

For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

SECTION 25.

343.305 (10) (b) 2.

of the statutes is amended to read:

343.305 (10) (b) 2.

Except as provided in subd.

3., 4.

or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year.

After the first 30 days of the revocation period, the person is eligible for an occupational license under s.

343.10.

SECTION 26.

343.305 (10) (b) 3.

of the statutes is amended to read:

343.305(10) (b) 3.

Except as provided in subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.

343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years.

After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is 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.

SECTION 27.

343.305 (10) (b) 4.

of the statutes is amended to read:

343.305(10) (b) 4.

Except as provided in subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.

343.307 (2), equals 3 or more, the court shall revoke the person's operating privilege for 3 years.

After the first 120 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year LRB-4085/1 - 2020 Legislature - 13 - EVM:kjf&amn S ECTION 27 SENATE BILL 384 period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s.

343.10 if he or she has completed the assessment and is complying with the driver safety plan.

SECTION 28.

343.305 (10) (em) of the statutes is amended to read:

343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s.

346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person's operating privilege for 6 months.

If there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the improper refusal, the revocation period is 12 months.

After the first 15 days of the revocation period, the person is eligible for an occupational license under s.

343.10.

Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss.

343.30 (1q), 343.307 and 346.65 (2).

The person shall not be required to submit to and comply with any assessment or driver safety plan under pars.

(c) and (d).

SECTION 29.

343.31 (3) (bm) 2.

of the statutes is amended to read:

343.31 (3) (bm) 2.

Except as provided in subd.

3., 4.

or 4m., for the first conviction, the department shall revoke the person's operating privilege for not less than 6 months nor more than 9 months.

If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 6 months nor more than 9 months for the conviction specified in par.

(bm) (intro.), the department shall impose the same period of revocation.

The A person who is eligible for an occupational license under s.

343.10 (1) (a) is eligible for the occupational license at any time.

SECTION 30.

343.31 (3) (bm) 3.

of the statutes is amended to read:

- 2020 Legislature - 14 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 30 343.31 (3) (bm) 3.

Except as provided in subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s.

343.307 (1) within a 10-year period, equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months.

If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par.

(bm) (intro.), the department shall impose the same period of revocation.

After the first 60 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s.

343.10.

SECTION 31.

343.31 (3) (bm) 4.

of the statutes is amended to read:

343.31 (3) (bm) 4.

Except as provided in subd.

4m., if the number of convictions under ss.

940.09 (1) and 940.25 in the person's lifetime, plus the total number of other suspensions, revocations and convictions counted under s.

343.307 (1), equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years.

If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par.

(bm) (intro.), the department shall impose the same period of revocation.

After one year of the revocation period has elapsed, the person is eligible for an occupational license under s.

343.10.

SECTION 32.

343.31 (3m) of the statutes is repealed.

SECTION 33.

343.43 (1) (d) of the statutes is amended to read:

LRB-4085/1 - 2020 Legislature - 15 - EVM:kjf&amn S ECTION 33 SENATE BILL 384 343.43 (1) (d) Violate any of the restrictions placed on that person's license or operating privilege by or pursuant to law;

or SECTION 34.

347.413 of the statutes is renumbered 343.302, and 343.302 (1), as renumbered, is amended to read:

343.302 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s.

346.65 (6), 1999 stats., or s.

343.301 (1), 2007 stats., or s.

343.301 (1g), or fail to have the ignition interlock device installed as ordered by the court, or violate a court order under s.

343.301 (1g) restricting the person's operating privilege, or violate an ignition interlock device restriction under s.

343.10 (5) (a) 3.

This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SECTION 35.

347.50 (1) of the statutes is amended to read:

347.50 (1) Any person violating ss.

347.35 to 347.49, except s.

347.385 (5), s.

347.413 (1) or s.

347.415 (1m), (2), and (3) to (5) or s., 347.417 (1) or s., 347.475 or s., 347.48 (2m) or (4), or s.

347.489, may be required to forfeit not less than $10 nor more than $200.

SECTION 36.

347.50 (1s) of the statutes is amended to read:

347.50 (1s) Any person violating s.

347.413 (1) or 347.417 (1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense.

For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

- 2020 Legislature - 16 - LRB-4085/1 EVM:kjf&amn SENATE BILL 384 SECTION 37 SECTION 37.

347.50 (1t) of the statutes is repealed.