AB742: Bill Text

LRB-3878/2

ARG&PG:kmg&cs:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 742

January 9, 2004 - Introduced by Representatives Krusick, Zepnick, Sinicki, Ainsworth, Albers, Gielow, Gunderson, Hines, Krug, Lothian, Ott, Petrowski, Suder and Taylor, cosponsored by Senators Lazich, Carpenter, Darling, Lassa, Roessler, Stepp and Zien. Referred to Committee on Transportation.

AB742,2,2 An Act to repeal 121.555 (2) (c) 5., 343.12 (2) (d) and 343.12 (2) (e); to renumber 343.12 (5) and 343.20 (1) (d); to amend 121.52 (2) (b), 343.12 (2) (intro.), 343.12 (4) (b), 343.21 (1) (c) to (e), 343.23 (2) (a) (intro.), 343.237 (title) and (2), 343.237 (3) (intro.), 343.237 (3) (a), 343.237 (3) (c) (intro.) and 343.237 (3) (d), (4m), (5), (6), (7), (8) and (10); and to create 121.52 (5), 121.555 (3), 121.555 (4), 121.555 (5), 121.555 (6), 121.555 (7), 121.555 (8), 343.12 (2) (dm), 343.12 (2) (em), 343.12 (6), 343.12 (7), 343.12 (8), 343.20 (1) (d) 2. and 343.21 (3) of the statutes; relating to: qualifications for endorsements authorizing the operation of a school bus and for operators of certain other motor vehicles transporting pupils, school board contracts for the transportation of pupils, studying the use of video cameras on school buses and the training of operators of school buses and certain other motor vehicles transporting pupils, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures and from rule-making procedures, granting rule-making authority, making an appropriation, and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, a person may not operate a school bus without a school bus endorsement issued by the Department of Transportation (DOT). DOT may issue a school bus endorsement to a person's valid motor vehicle operator's license if the person meets certain qualifications. DOT may not issue a school bus endorsement to an applicant if he or she has been convicted of specified offenses (including operating while intoxicated and operating with a suspended or revoked license) within the past two years, regardless of whether the circumstances of the offense are substantially related to the circumstances of operating a school bus, or has been convicted of other offenses (including a felony or an "offense against public morals") within the past five years, if the circumstances of the offense are substantially related to the circumstances of operating a school bus. A school bus endorsement is valid for the eight-year duration of the person's operator's license. Under certain circumstances, DOT must cancel the operator's license of a person to whom a school bus endorsement has been issued.

This bill modifies the existing criminal history requirements, and imposes additional requirements, for the initial issuance or renewal of a school bus endorsement. The bill:

1. Prohibits DOT from issuing or renewing a school bus endorsement to an applicant if the applicant has been convicted of or adjudicated delinquent for any specified disqualifying crime or offense within a prior minimum specified time period. These disqualifying crimes and offenses and minimum time periods for disqualification include those specified under current statutes as well as many new disqualifying crimes and offenses, including various crimes against children. The bill also authorizes DOT to specify by rule additional disqualifying crimes and offenses and the time period during which the disqualification applies. All disqualifying crimes and offenses provided for under the bill apply regardless of whether the circumstances of the offense are substantially related to the circumstances of operating a school bus. Under the bill, DOT also may not issue or renew a school bus endorsement to an applicant who identifies himself or herself as a person listed on the abuse registry maintained by the Department of Health and Family Services (DHFS).

2. Requires DOT to conduct a background investigation, including a criminal history search, of each applicant for initial issuance or renewal of a school bus endorsement, and to record in DOT's files the date on which the investigation was completed. DOT must also make a good faith effort to obtain out-of-state criminal history information for an applicant who has not resided in the state at anytime in the prior two years. Although a school bus endorsement is renewed every eight years, DOT must conduct a criminal history search every four years and, if appropriate, cancel the endorsement (as described in Item 4.).

3. Authorizes DOT to obtain fingerprints from an applicant for initial issuance or renewal of a school bus endorsement, and to submit the fingerprints for a record check by the Federal Bureau of Investigation (FBI). If DOT takes fingerprints of an applicant and retains them, DOT must generally keep the fingerprints confidential in the same manner required of photographs taken by DOT for operator's licenses. However, as with photographs taken for operator's licenses, DOT may, under certain circumstances and with certain limitations, release copies of the retained fingerprints to law enforcement for law enforcement purposes.

4. Requires DOT to cancel a school bus endorsement upon receipt of a record of conviction or adjudication of delinquency for a crime or offense that would disqualify the person from holding a school bus endorsement.

The fee for initial issuance of a school bus endorsement authorizing operation of a school bus that is not a commercial motor vehicle is $5. The fee for upgrading an existing commercial driver license (CDL) to include a school bus endorsement is $5, and there is no fee for initial issuance or renewal of a school bus endorsement to a CDL applied for with the initial issuance or renewal of the CDL. This bill increases, from $5 to $10, the existing fee for initial issuance of a non-CDL school bus endorsement and an upgrade of a CDL to include a school bus endorsement, clarifies that this fee applies upon renewal of a non-CDL school bus endorsement, and creates a $5 fee for initial issuance or renewal of a school bus endorsement to a CDL applied for at the same time as the CDL. The bill also allows DOT to establish by rule fees for applicants for whom DOT must make a good faith effort to obtain out-of-state criminal history information, limited to the fees incurred by DOT in obtaining such information.

Under current law, a person who is a resident of Iowa, Illinois, Michigan, or Minnesota and who is licensed to operate a school bus in the person's state of residence may be employed to operate a school bus in this state without holding a valid school bus endorsement issued by DOT. DOT may, however, impose standards on the employment of such persons, including requiring such persons to meet qualifications applicable to resident school bus operators. This bill requires DOT to impose standards prohibiting the employment of any such person who has been convicted of any specified disqualifying crime or offense and requiring employers to conduct background investigations of such persons.

Under current law, a school board, private school, or contractor providing pupil transportation services under contract with a school board may provide for the transportation of pupils to and from school using a motor vehicle that transports no more than nine passengers (school van), or a motor vehicle that transports ten or more passengers and that is authorized by DOT to be used temporarily under emergency circumstances (temporary school vehicle), if the vehicle and the operator meet certain requirements. Among the operator requirements is that the operator may not have been convicted of certain offenses within the past two years or certain other offenses within the past five years. These offenses are similar, but not identical, to the disqualifying offenses for a school bus endorsement under current law.

This bill modifies the existing requirements for operators of a school van or temporary school vehicle and imposes additional requirements that create more consistency between the requirements for operation of a school bus and the requirements for operation of a school van or temporary school vehicle. With respect to an individual employed by or under contract with any person (including a school district, private school, or contractor) to operate a school van or temporary school vehicle, other than an individual who holds a school bus endorsement, the bill:

1. Requires the person, before permitting the individual to operate such a vehicle and every four years thereafter, to request a criminal history search of the individual from DOJ, request the individual's motor vehicle operating record, and obtain a completed background information form from the individual. If the individual has not resided in the state at anytime in the prior two years, the person must also make a good faith effort to obtain out-of-state criminal history information on the individual.

2. Authorizes the person to obtain fingerprints from the individual and to submit the fingerprints for a record check by the FBI. The fingerprints must otherwise be kept confidential.

3. Prohibits the person from permitting the individual to operate such a vehicle if the person knows or should know that the individual has a record of conviction or operating privilege revocation or adjudicated delinquency that would disqualify the individual from issuance or renewal of a school bus endorsement.

4. Prohibits the person from permitting the individual to operate such a vehicle if the person knows or should know that the individual has been convicted of providing materially false information on a background information form.

5. Requires the individual to inform the person of any traffic accident, conviction that would make the individual ineligible to be an operator, or suspension or revocation of the individual's operator's license or cancellation of the individual's school bus endorsement. (This requirement also applies to an individual who holds a school bus endorsement.)

6. Prohibits an individual from operating such a vehicle if the individual does not meet the eligibility requirements for operating such a vehicle.

The bill provides penalties for violation of its requirements by an individual (operator). Generally, the individual may be required to forfeit not more than $100 for the first offense and not more than $200 for each subsequent offense. However, an individual convicted of providing materially false or incomplete information on a background information form may be required to forfeit not more than $1,000 and is permanently barred from subsequently operating a school van or temporary school vehicle.

The bill requires the Department of Public Instruction (DPI) to create a background information form and to prepare and make available informational materials related to the requirements imposed under the bill. The bill also requires DOT, in consultation with DOJ, DPI, and DHFS, to study and report on certain information technology aspects related to background investigation of applicants for school bus endorsements. The bill further requires DPI, in consultation with DOT and others, to study and report on the costs and benefits of installing and maintaining video cameras on school buses and on strategies related to training of operators of school buses and school vans or temporary school vehicles.

Under current law, the use of privately owned motor vehicles to transport pupils must be under written contract between the owner or lessee of the vehicles and the school district for which the transportation is provided. Under this bill, the contract must require the owner or lessee to perform any action necessary for the owner or lessee or the school board to fulfill its legal obligations with respect to transporting pupils by means of school vans or temporary school vehicles. The bill requires the school district and owner or lessee, upon written request from a parent or guardian of a pupil enrolled in the school district, to disclose the name of each driver who transports the pupil.

The bill requires DOT, within approximately nine months, to submit proposed rules to administer the provisions of the bill to the Legislative Council Staff and to promulgate emergency rules to administer the provisions of the bill until the proposed rules submitted to the Legislative Council Staff become final. The bill delays the applicability of all of its provisions, except the rule-making provisions, for approximately nine months, and delays for approximately six additional months the applicability of its provisions to those individual who are employed by or under contract with a school district, private school, or contractor to operate a school van or temporary school vehicle at the time of enactment of 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:

AB742, s. 1 Section 1. 121.52 (2) (b) of the statutes is amended to read:

AB742,5,6 121.52 (2) (b) The owner or lessee of all privately owned motor vehicles transporting pupils for compensation shall be under written contract with the school board of the district for which such transportation is provided. The contract shall require the owner or lessee to perform any action necessary for the owner or lessee or the school board to fulfill any obligation specified in sub. (5) or s. 121.555.

AB742, s. 2 Section 2. 121.52 (5) of the statutes is created to read:

AB742,5,10 121.52 (5) Upon written request of a parent or guardian of a pupil for whom the school district provides transportation, the school board shall disclose the name of each driver who transports the pupil under sub. (2) (a) or (b).

AB742, s. 3 Section 3. 121.555 (2) (c) 5. of the statutes is repealed.

AB742, s. 4 Section 4. 121.555 (3) of the statutes is created to read:

AB742,6,7 121.555 (3) (a) Subject to par. (c), any person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under s. 343.12, to operate a motor vehicle under sub. (1) to transport pupils shall do all of the following before the individual is initially permitted to operate the vehicle and every 4 years thereafter:

AB742,6,15 1. Notwithstanding ss. 111.321, 111.322, and 111.335, request from the records maintained by the department of justice a criminal history search of the individual. Notwithstanding ss. 111.321, 111.322, and 111.335, if the individual who is the subject of the criminal history search has not resided in this state at anytime within the 2 years preceding the date of the search, the person shall make a good faith effort to obtain additional criminal history information from any state in which the individual has resided during this time period or from any other applicable federal or state agency.

AB742,6,20 2. Request the individual's operating record from the department of transportation under s. 343.24 or, if the operating record has already been obtained by another entity, from that entity if there are reasonable grounds to believe that the operating record obtained from that entity is accurate and was furnished by the department of transportation to that entity not more than 2 months previously.

AB742,6,22 3. Obtain a background information form, prescribed by the department under sub. (6) (b), completed by the individual.

AB742,7,7 (b) Any person that employs or contracts with an individual to operate a motor vehicle under sub. (1) to transport pupils, except an individual who holds a valid school bus endorsement issued under s. 343.12, may require the individual to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the individual's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the individual fingerprinted and obtaining records of his or her criminal arrests and convictions. Except as provided in this paragraph, fingerprints obtained under this paragraph shall be kept confidential.

AB742,7,12 (c) Notwithstanding ss. 111.321, 111.322, and 111.335, no person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under s. 343.12, to operate a motor vehicle under sub. (1) to transport pupils may permit the individual to operate such a vehicle if any of the following applies:

AB742,7,17 1. The person knows or should know that the individual has a record of conviction or operating privilege revocation or adjudicated delinquency that would disqualify the person from issuance or renewal of a school bus endorsement under s. 343.12 (7) and rules promulgated by the department of transportation under s. 343.12 (7) and (8).

AB742,7,19 2. The person knows or should know that the individual has been convicted of a violation of sub. (4) (b).

AB742,7,21 3. The person knows or should know that the individual is listed in the registry under s. 146.40 (4g) (a) 2.

AB742, s. 5 Section 5. 121.555 (4) of the statutes is created to read:

AB742,7,25 121.555 (4) (a) An individual who is employed by or under contract with a person to operate a motor vehicle under sub. (1) to transport pupils shall report to the person in writing within 10 days of the occurrence of any of the following:

AB742,8,4 1. Any accident in which the individual was involved as the operator of a motor vehicle, regardless of whether the individual was issued a uniform traffic citation or charged with any offense or whether the individual was operating a motor vehicle under sub. (1) to transport pupils.

AB742,8,11 2. Notwithstanding ss. 111.321, 111.322, and 111.335, any conviction or operating privilege revocation that, under sub. (3) (c), makes the individual ineligible to operate a motor vehicle under sub. (1) to transport pupils or, if the individual holds a valid school bus endorsement issued under s. 343.12, that disqualifies the individual from issuance or renewal of a school bus endorsement under s. 343.12 (7) and rules promulgated by the department of transportation under s. 343.12 (7) and (8).

AB742,8,13 3. Any suspension or revocation of the individual's operating privilege, or cancellation of a school bus endorsement, by this state or another jurisdiction.