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Bills · 2009-2010 Regular Session

AB 283

Died at session end Official bill text Atom feed

operating a vehicle while intoxicated, granting rule-making authority, making an appropriation, and providing a penalty.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill makes a number of changes relating to operating a vehicle under the

influence of an intoxicant (OWI-related offense), including the following:

1. Under current law, if a person is convicted of a second OWI-related offense,

a judge may immobilize the person's motor vehicles or require that the person's

operating privilege be limited to operating vehicles that are equipped with an

ignition interlock device. If a person is convicted of a third or subsequent

OWI-related offense within five years, a judge must limit the person's operating

privilege to operating vehicles that are equipped with an ignition interlock device

unless the judge orders that the person's motor vehicles be immobilized or seized and

sold at auction.

Current law requires the person to pay for the costs of installing and monitoring

the ignition interlock device on every motor vehicle he or she owns. If the judge

determines that this would work a hardship to the person, current law allows the

judge to require an ignition interlock device on some, but not all, of the person's motor

vehicles.

Under current law, no one may remove, disconnect, tamper with, or otherwise

circumvent the operation of an ignition interlock device. A person who does so may

be required to forfeit not less than $150 nor more than $600 for the first offense and,

for a second or subsequent offense within five years, may be fined not less than $300

nor more than $1,000, or imprisoned for not more than six months, or both.

This bill eliminates the option of ordering the person's vehicle to be immobilized

or seized and sold at auction. The bill makes it mandatory for a judge to require that

the person's operating privilege be limited, for a minimum of one year, to operating

vehicles that are equipped with an ignition interlock device if either of the following

are true: 1) the person commits a first OWI-related offense with an alcohol

concentration of 0.15 or more; or 2) the person commits a second OWI-related

offense.

Under the bill, the judge must order that every motor vehicle the person owns

be equipped with an ignition interlock device. If the judge determines that the

person's income is at or below 150 percent of the federal poverty level, the person is

required to pay a $50 surcharge upon the installation of the first ignition interlock

device and, for each ignition interlock device, half of the installation cost, and

one-half of the cost per day toward the cost of monitoring the ignition interlock

device. A person whose income is above 150 percent of the federal poverty level is

required to pay the surcharge and assume the full cost of installing and monitoring

each ignition interlock device. Under the bill, if a person who is ordered to do so fails

to pay the surcharge or fails to have an ignition interlock device installed, he or she

may not obtain an occupational license.

Under the bill, a court may order a person who removes, disconnects, tampers

with, or otherwise circumvents the operation of an ignition interlock device to be

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Berceau (D) , Black (D) , Clark (D) , Hebl (D) , Hintz (D) , Hixson (D) , Mason (D) , Nelson (D) , Sheridan (D) , Smith (D) , Staskunas (D) , Turner (D) , Zepnick (D) , Zigmunt (D)

7 cosponsors

Bies (R) , Carpenter (D) , Jorgensen (D) , Pasch and Gottlieb , Steinbrink (D) , Taylor (D) , Van Akkeren, Soletski, Sinicki, Pope-Roberts and Spanbauer

Votes

Assembly: Report Assembly Amendment 1 adoption recommended by committee on Public Safety, Ayes 7, Noes 0

Passed 7–0 Jun 30, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 80, Noes 15

Passed 80–15 Sep 17, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 6 to Assembly substitute amendment 1 laid on table, Ayes 57, Noes 39

Passed 57–39 Sep 17, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 95, Noes 0, Paired 2

Passed 95–0 Sep 17, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. May 27, 2009 · Assembly

    Introduced by Representatives Staskunas, Zepnick, Smith, Zigmunt, Hintz, Sheridan, Black, Turner, Clark, Mason, Nelson, Hixson, Hebl and Berceau;Cosponsored by Senator Carpenter

  2. May 27, 2009 · Assembly

    Read first time and referred to committee on Public Safety

  3. May 27, 2009 · Assembly

    Representative Bies added as a coauthor

  4. Jun 2, 2009 · Assembly

    Public hearing held

  5. Jun 8, 2009 · Assembly

    Fiscal estimate received

  6. Jun 10, 2009 · Assembly

    Fiscal estimate received

  7. Jun 10, 2009 · Assembly

    Fiscal estimate received

  8. Jun 10, 2009 · Assembly

    Fiscal estimate received

  9. Jun 17, 2009 · Assembly

    Executive action taken

  10. Jun 17, 2009 · Assembly

    Assembly amendment 1 offered by committee on Public Safety

  11. Jun 18, 2009 · Assembly

    Fiscal estimate received

  12. Jun 23, 2009 · Assembly

    Fiscal estimate received

  13. Jun 30, 2009 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Public Safety, Ayes 7, Noes 0

  14. Jun 30, 2009 · Assembly

    Report passage as amended recommended by committee on Public Safety, Ayes 7, Noes 0

  15. Jun 30, 2009 · Assembly

    Referred to committee on Rules

  16. Sep 4, 2009 · Assembly

    Representative Jorgensen added as a coauthor

  17. Sep 11, 2009 · Assembly

    Representative Steinbrink added as a coauthor

  18. Sep 15, 2009 · Assembly

    Placed on calendar 9-17-2009 by committee on Rules

  19. Sep 17, 2009 · Assembly

    Assembly substitute amendment 1 offered by Representatives Staskunas, J. Ott, Jorgensen, Vukmir, Nelson, Hixson, Bies, Pope-Roberts, Berceau, A. Ott, Lothian and Molepske Jr.

  20. Sep 17, 2009 · Assembly

    Representatives Van Akkeren, Soletski, Sinicki, Pope-Roberts and Spanbauer added as coauthors

  21. Sep 17, 2009 · Assembly

    Representatives Pasch and Gottlieb added as coauthors

  22. Sep 17, 2009 · Assembly

    Read a second time

  23. Sep 17, 2009 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative Gundrum

  24. Sep 17, 2009 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 placed after Assembly amendment 6 to Assembly substitute amendment 1

  25. Sep 17, 2009 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 offered by Representative Staskunas

  26. Sep 17, 2009 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 1 adopted

  27. Sep 17, 2009 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 offered by Representative Kessler

  28. Sep 17, 2009 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 1 laid on table, Ayes 80, Noes 15

  29. Sep 17, 2009 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 offered by Representative Kessler

  30. Sep 17, 2009 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 1 withdrawn and returned to author

  31. Sep 17, 2009 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 offered by Representatives Hubler, Hebl, Vruwink, Roys, Pasch, Bernard Schaber, Clark, Kessler, Sherman, Pope-Roberts, Hilgenberg, Young, Zigmunt, Soletski, Danou, Pocan, Dexter, Toles, Seidel, Hraychuck, Bies and Nelson

  32. Sep 17, 2009 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 1 adopted

  33. Sep 17, 2009 · Assembly

    Assembly amendment 6 to Assembly substitute amendment 1 offered by Representatives Hubler, Hebl, Vruwink, Toles, Hilgenberg, Schneider, Hraychuck, Garthwaite, Soletski and Dexter

  34. Sep 17, 2009 · Assembly

    Assembly amendment 6 to Assembly substitute amendment 1 laid on table, Ayes 57, Noes 39

  35. Sep 17, 2009 · Assembly

    Assembly amendment 7 to Assembly substitute amendment 1 offered by Representative Kessler

  36. Sep 17, 2009 · Assembly

    Assembly amendment 7 to Assembly substitute amendment 1 withdrawn and returned to author

  37. Sep 17, 2009 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 withdrawn and returned to author

  38. Sep 17, 2009 · Assembly

    Assembly substitute amendment 1 adopted

  39. Sep 17, 2009 · Assembly

    Ordered to a third reading

  40. Sep 17, 2009 · Assembly

    Rules suspended

  41. Sep 17, 2009 · Assembly

    Read a third time and passed, Ayes 95, Noes 0, Paired 2

  42. Sep 17, 2009 · Assembly

    Ordered immediately messaged

  43. Sep 18, 2009 · Senate

    Received from Assembly

  44. Sep 23, 2009 · Senate

    Printed engrossed by the direction of the Senate Chief Clerk.

  45. Sep 23, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  46. Sep 24, 2009 · Senate

    Senator Taylor added as a cosponsor

  47. Sep 28, 2009 · Senate

    LRB correction (Assembly Amendment 2 to Assembly Substitute Amendment 1)

  48. Oct 15, 2009 · Senate

    Report of joint review committee on Criminal Penalties requested pursuant to s. 13.525 (5) Wisconsin Statutes

  49. Nov 5, 2009 · Senate

    Report of joint review committee on Criminal Penalties received

  50. Apr 28, 2010 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1