January 23, 2014 - Introduced by Senators Schultz and Vinehout, cosponsored by
Representatives Mursau and Milroy. Referred to Committee on
Transportation, Public Safety, and Veterans and Military Affairs.
SB510,1,5 1An Act to renumber and amend 346.655 (3); to amend 20.435 (5) (hy), 46.03
2(18) (f), 343.30 (1q) (c) 1. (intro.), 343.30 (1q) (c) 2., 343.30 (1q) (d) and 345.60
3(1); and to create 51.01 (2c), 51.45 (7) (h), 343.30 (1q) (c) 1. d. and 346.655 (3)
4(b) of the statutes; relating to: tribal treatment facility participation in the
5intoxicated driver program.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This draft was prepared for the Joint
Legislative Council's Special Committee on State-Tribal Relations.
The intoxicated driver program (IDP) is designed to provide education or
treatment to persons convicted of operating a motor vehicle while intoxicated, with the
intent of reducing recidivism. In brief, upon conviction, the court orders the offender to
be assessed by an agency operated or contracted by the county for this purpose. Based

on the results of the assessment, the offender is referred either to an educational program
or to an approved public treatment facility. The plan for an individual's treatment at an
approved public treatment facility is termed a "driver safety plan".
This draft does all of the following:
1. Directs the department of health services (DHS) to authorize a tribal facility,
termed an "approved tribal treatment facility" in the draft, to conduct assessments and
prepare driver safety plans if the tribal facility agrees to notify the county assessment
agency of each case it receives and to execute the duties of a treatment facility under the
IDP for those cases.
2. Allows an offender who is a tribal member or a relative of a tribal member to
receive assessment services from a tribal facility.
3. Specifies that a tribal facility may both conduct assessments and provide
treatment services under the IDP. (Current DHS rules regarding conflicts of interest
prohibit this, in general.)
4. Expressly states in the statutes that traditional practices may be included in
treatment plans.
5. Directs the department of transportation (DOT), at the request of an accredited
tribal college, to certify the college as a traffic safety school program, if the college meets
all of the requirements of such a program. This requirement applies to traffic safety
schools related to any traffic violation.
6. Specifies that a county must remit to a tribal facility the county's share of any
driver improvement surcharge paid by an OWI offender who receives treatment at the
facility.
7. Specifies that a tribal facility is eligible for a supplemental grant from DHS in
proportion to the number of OWI offenders who receive treatment at a facility of the tribe.
SB510,1 1Section 1. 20.435 (5) (hy) of the statutes is amended to read:
SB510,2,72 20.435 (5) (hy) Services for drivers, local assistance. As a continuing
3appropriation, the amounts in the schedule for the purpose of grants to county
4departments under
s. 51.42 and to approved tribal treatment facilities, as defined in
5s. 51.01 (2c),
for drivers referred through assessment, to be allocated according to a
6plan developed by the department of health services. All moneys transferred from
7par. (hx) shall be credited to this appropriation.
Note: Specifies that tribal facilities are eligible for supplemental grants from the
DHS.
SB510,2 8Section 2. 46.03 (18) (f) of the statutes is amended to read:
SB510,3,129 46.03 (18) (f) Notwithstanding par. (a), any person who submits to an
10assessment or airman or driver safety plan under s. 23.33 (13) (e), 30.80 (6) (d), 114.09

1(2) (bm), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d) shall pay a
2reasonable fee therefor to the appropriate county department under s. 51.42,
3approved tribal treatment facility, as defined in s. 51.01 (2c),
or traffic safety school
4under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3
5or 4 equal installments. The fee for the airman or driver safety plan may be reduced
6or waived if the person is unable to pay the complete fee, but no fee for assessment
7or attendance at a traffic safety school under s. 345.60 may be reduced or waived.
8Nonpayment of the assessment fee is noncompliance with the court order that
9required completion of an assessment and airman or driver safety plan. Upon a
10finding that the person has the ability to pay, nonpayment of the airman or driver
11safety plan fee is noncompliance with the court order that required completion of an
12assessment and airman or driver safety plan.
Note: Specifies that the offender pay the fee for assessment to a tribal facility, if
that is the facility that conducts the assessment.
SB510,3 13Section 3. 51.01 (2c) of the statutes is created to read:
SB510,3,1714 51.01 (2c) "Approved tribal treatment facility" means a treatment agency that
15operates under the direction and control of a federally recognized American Indian
16tribe or band in this state and meets the standards prescribed for approved
17treatment facilities under s. 51.45 (8) (a) and is approved under s. 51.45 (8) (c).
SB510,4 18Section 4. 51.45 (7) (h) of the statutes is created to read:
SB510,3,2319 51.45 (7) (h) The department shall authorize approved tribal treatment
20facilities to conduct assessments under s. 343.30 (1q) (c) and prepare driver safety
21plans under s. 343.30 (1q) (d) if, with regard to each person for whom the approved
22tribal treatment facility conducts an assessment under s. 343.30 (1q) (c), the
23approved tribal treatment facility agrees in writing to do all of the following:
SB510,4,3
11. Notify the department of transportation and the county assessment agency
2identified in the order under s. 343.30 (1q) (c) 1. that the approved tribal treatment
3facility has conducted the assessment.
SB510,4,54 2. Execute all duties of an approved public treatment facility under s. 343.30
5(1q) and rules promulgated under s. 343.30 (1q).
SB510,5 6Section 5. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
SB510,4,157 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or, b., or d., the court
8shall order the person to submit to and comply with an assessment by an approved
9public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's
10use of alcohol, controlled substances or controlled substance analogs and
11development of a driver safety plan for the person. The court shall notify the
12department of transportation of the assessment order. The court shall notify the
13person that noncompliance with assessment or the driver safety plan will result in
14revocation of the person's operating privilege until the person is in compliance. The
15assessment order shall:
SB510,6 16Section 6. 343.30 (1q) (c) 1. d. of the statutes is created to read:
SB510,4,2017 343.30 (1q) (c) 1. d. Include a statement that if the person is a member or the
18relative of a member of a federally recognized American Indian tribe or band, the
19person may receive the assessment required under this subdivision from an
20approved tribal treatment facility as defined in s. 51.01 (2c).
Note: Allows an offender who is a tribal member or a relative of a tribal member
the option of receiving assessment services from a tribal facility by requiring that the
court order issued with an OWI conviction inform the offender of this option.
SB510,7 21Section 7. 343.30 (1q) (c) 2. of the statutes is amended to read:
SB510,5,422 343.30 (1q) (c) 2. The department of health services shall establish standards
23for assessment procedures and the driver safety plan programs by rule. The

1department of health services shall establish by rule conflict of interest guidelines
2for providers. The conflict of interest guidelines may not preclude an approved tribal
3treatment facility, as defined in s. 51.02 (2c), from conducting assessments and
4providing treatment under this subsection.
SB510,8 5Section 8. 343.30 (1q) (d) of the statutes is amended to read:
SB510,5,166 343.30 (1q) (d) 1. The assessment report shall order compliance with a driver
7safety plan. The report shall inform the person of the fee provisions under s. 46.03
8(18) (f). The driver safety plan may include a component that makes the person
9aware of the effect of his or her offense on a victim and a victim's family. The driver
10safety plan may include treatment for the person's misuse, abuse or dependence on
11alcohol, controlled substances or controlled substance analogs, or attendance at a
12school under s. 345.60, or both. If the plan requires treatment at an approved tribal
13treatment facility, as defined in s. 51.02 (2c), the plan may include traditional tribal
14treatment modes.
If the plan requires inpatient treatment, the treatment shall not
15exceed 30 days. A driver safety plan under this paragraph shall include a
16termination date consistent with the plan which shall not extend beyond one year.
SB510,6,7 172. The county department under s. 51.42 shall assure notification of the
18department of transportation and the person of the person's compliance or
19noncompliance with assessment and with treatment. The school under s. 345.60
20shall notify the department, the county department under s. 51.42, and the person
21of the person's compliance or noncompliance with the requirements of the school.
22Nonpayment of the assessment fee or, if the person has the ability to pay,
23nonpayment of the driver safety plan fee is noncompliance with the court order. If
24the department is notified of any noncompliance, other than for nonpayment of the
25assessment fee or driver safety plan fee, it shall revoke the person's operating

1privilege until the county department under s. 51.42 or the school under s. 345.60
2notifies the department that the person is in compliance with assessment or the
3driver safety plan. If the department is notified that a person has not paid the
4assessment fee, or that a person with the ability to pay has not paid the driver safety
5plan fee, the department shall suspend the person's operating privilege for a period
6of 2 years or until it receives notice that the person has paid the fee, whichever occurs
7first.
SB510,6,23 83. The department shall notify the person of the suspension or revocation under
9subd. 2.
, the reason for the suspension or revocation and the person's right to a
10review. A person may request a review of a revocation based upon failure to comply
11with a driver safety plan within 10 days of notification. The review shall be handled
12by the subunit of the department of transportation designated by the secretary. The
13issues at the review are limited to whether the driver safety plan, if challenged, is
14appropriate and whether the person is in compliance with the assessment order or
15the driver safety plan. The review shall be conducted within 10 days after a request
16is received. If the driver safety plan is determined to be inappropriate, the
17department shall order a reassessment and, if the person is otherwise eligible, the
18department shall reinstate the person's operating privilege. If the person is
19determined to be in compliance with the assessment or driver safety plan, and if the
20person is otherwise eligible, the department shall reinstate the person's operating
21privilege. If there is no decision within the 10-day period, the department shall issue
22an order reinstating the person's operating privilege until the review is completed,
23unless the delay is at the request of the person seeking the review.
SB510,9 24Section 9. 345.60 (1) of the statutes is amended to read:
SB510,7,11
1345.60 (1) Except as provided in sub. (3) and s. 343.31 (2t) (b), in addition to
2or in lieu of other penalties provided by law for violation of chs. 346 to 348, the trial
3court may in its judgment of conviction order the convicted person to attend, for a
4certain number of school days, a traffic safety school whose course and mode of
5instruction is approved by the secretary and which is conducted by the police
6department of the municipality, by the sheriff's office of the county, by an accredited
7institution of higher education operated by a federally recognized American Indian
8tribe or band in this state,
or by any regularly established safety organization. The
9trial court may not order a person to attend a traffic safety school under this
10subsection if the department is required to order that the person attend a vehicle
11right-of-way course under s. 343.31 (2t) (b).
SB510,10 12Section 10. 346.655 (3) of the statutes is renumbered 346.655 (3) (a) and
13amended to read:
SB510,7,1914 346.655 (3) (a) All Except as provided in par. (b), all moneys collected from the
15driver improvement surcharge that are transmitted to the county treasurer under
16sub. (2) (a) or (b), except the amounts that the county treasurer is required to
17transmit to the secretary of administration under sub. (2) (a) or (b), shall be retained
18by the county treasurer and disbursed to the county department under s. 51.42 for
19services under s. 51.42 for drivers referred through assessment.
SB510,11 20Section 11. 346.655 (3) (b) of the statutes is created to read:
SB510,8,221 346.655 (3) (b) If a person receives treatment from an approved tribal
22treatment facility, as defined in s. 51.01 (2c), in accordance with a driver safety plan
23under s. 343.30 (1q) (d), the county treasurer shall transmit the amount collected
24from the person's driver improvement surcharge except the amounts that the

1treasurer is required to transmit to the secretary of administration under sub. (2) (a)
2or (b), to the facility for treatment services for drivers referred through assessment.
Note: Specifies that the county share of the driver improvement surcharge must
be paid to a tribal treatment facility for each person it provides treatment to under a
driver safety plan; that is to say, specifies that "the funding follows the client".
SB510,12 3Section 12. Initial applicability.
SB510,8,54 (1) This act first applies to an assessment order issued on the effective date of
5this subsection.
SB510,8,66 (End)
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