AB742: Bill Text

AB742,11,3 343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at anytime within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period of from any other applicable federal or state agency. The department shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the background investigation was completed.

AB742,11,10 (b) The department may require an applicant for the initial issuance or renewal of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person'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 person fingerprinted and obtaining records of his or her criminal arrests and convictions.

AB742,11,13 (c) The department shall require an applicant for an endorsement under this section to specify on the application whether the applicant is listed in the registry under s. 146.40 (4g) (a) 2.

AB742,11,18 (d) Notwithstanding ss. 111.321, 111.322, and 111.335, 4 years after the initial issuance or renewal of a school bus endorsement, the department of transportation shall obtain from the records maintained by the department of justice a criminal history search of the person to whom the school bus endorsement is issued and, if applicable, take action under s. 343.20 (1) (d) 2.

AB742, s. 18 Section 18. 343.12 (7) of the statutes is created to read:

AB742,12,3 343.12 (7) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 2 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

AB742,12,4 1. Reckless driving under s. 346.62.

AB742,12,6 2. Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified under s. 343.44 (1) (a), (b), or (d).

AB742,12,8 3. Second-degree reckless homicide under s. 940.06 if the offense results from the operation of a motor vehicle.

AB742,12,9 4. Homicide by intoxicated use of a vehicle under s. 940.09 (1).

AB742,12,10 5. Homicide by negligent operation of a vehicle under s. 940.10.

AB742,12,11 6. Injury by intoxicated use of a vehicle under s. 940.25 (1).

AB742,12,13 7. Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under s. 346.63 (2).

AB742,12,15 8. Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (6).

AB742,12,17 9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration under s. 346.63 (1).

AB742,12,19 10. Operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (5).

AB742,12,21 11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under s. 346.63 (2m).

AB742,12,23 12. Failure to stop and render assistance at the scene of a motor vehicle accident under s. 346.67 (1) (c).

AB742,12,24 13. Fleeing from or attempting to elude a traffic officer under s. 346.04 (3).

AB742,13,8 14. Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under s. 346.63 (7) (a) if the applicant has been previously convicted of any offense under s. 346.63 (7) (a) or any local ordinance in conformity with s. 346.63 (7) (a) or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of s. 346.63 (7) (a) if the applicant had committed the offense in this state and been convicted of the offense under the laws of this state.

AB742,13,15 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within 2 years immediately preceding the date of application, the applicant has had his or her operating privilege revoked under s. 343.305 (10) for refusal to submit to chemical testing or has been convicted in another jurisdiction or had his or her operating privilege in another jurisdiction suspended or revoked under any law of that jurisdiction prohibiting refusal of chemical testing that is comparable to s. 343.305.

AB742,13,24 (c) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 5 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:

AB742,13,25 1. First-degree intentional homicide under s. 940.01.

AB742,14,1 2. First-degree reckless homicide under s. 940.02.

AB742,14,2 3. Felony murder under s. 940.03.

AB742,14,3 4. Second-degree intentional homicide under s. 940.05.

AB742,14,4 5. Assisting suicide under s. 940.12.

AB742,14,5 6. Felony battery under s. 940.19 (2), (3), (4), (5), or (6).

AB742,14,6 7. Sexual exploitation by a therapist under s. 940.22 (2).

AB742,14,7 8. Felony sexual assault under s. 940.225 (1), (2), or (3).

AB742,14,9 9. Abuse of a vulnerable adult under circumstances constituting a felony under s. 940.285 (2).

AB742,14,10 10. Abuse of a resident of a penal facility under s. 940.29.

AB742,14,12 11. Abuse or neglect of a patient or resident under circumstances constituting a felony under s. 940.295.

AB742,14,13 12. Sexual assault of a child under s. 948.02 (1) or (2).

AB742,14,15 13. Engaging in repeated acts of sexual assault of the same child under s. 948.025.

AB742,14,16 14. Physical abuse of a child under s. 948.03 (2).

AB742,14,17 15. Sexual exploitation of a child under s. 948.05.

AB742,14,18 16. Causing a child to view or listen to sexual activity under s. 948.055.

AB742,14,19 17. Incest with a child under s. 948.06.

AB742,14,20 18. Child enticement under s. 948.07.

AB742,14,21 19. Use of a computer to facilitate a child sex crime under s. 948.075.

AB742,14,22 20. Soliciting a child for prostitution under s. 948.08.

AB742,14,24 21. Sexual assault of a student by a school instructional staff person under s. 948.095.

AB742,15,2 22. Felony exposing a child to harmful material or harmful descriptions or narrations under s. 948.11 (2) (a) or (am).

AB742,15,3 23. Possession of child pornography under s. 948.12.

AB742,15,4 24. Child sex offender working with children under s. 948.13 (2).

AB742,15,6 25. Neglecting a child under circumstances constituting a felony under s. 948.21.

AB742,15,7 26. Abduction of a child under s. 948.30.

AB742,15,9 27. Any felony crime in the commission of which a motor vehicle is used other than those crimes specified in this paragraph or par. (b).

AB742,15,15 (d) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if the applicant has been adjudicated delinquent on or after his or her 12th birthday for committing any crime or other offense specified under pars. (a) to (c) or by the department by rule under this subsection within the time period specified under pars. (a) to (c) or by the department by rule under this subsection.

AB742, s. 19 Section 19. 343.12 (8) of the statutes is created to read:

AB742,15,25 343.12 (8) (a) The department shall promulgate rules specifying crimes or other offenses, in addition to those specified in sub. (7), the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in sub. (7) (a) to (c) for a crime or other offense specified in sub. (7) (a) to (c). The disqualifying crimes or other offenses specified by the department shall apply notwithstanding ss. 111.321, 111.322, and 111.335 and shall include crimes under chs. 940 and 944.

AB742,16,6 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may promulgate rules specifying any registry maintained by an agency of the state related to a person being reported or investigated for criminal activity, in addition to the registry specified in sub. (6) (c), the listing of the applicant on which disqualifies the applicant from initial issuance or renewal of a school bus endorsement.

AB742,16,8 (c) The department shall promulgate rules to implement and administer this section, including all of the following:

AB742,16,10 1. For each disqualifying crime or offense specified in sub. (7) (a) and (c), the time period within which the disqualification applies.

AB742,16,15 2. Procedures for obtaining additional criminal history information in compliance with sub. (6) (a) for applicants who have not resided in this state at anytime in the preceding 2 years. The department may by rule establish fees for obtaining such information that are not greater than the fees charged to the department in connection with acquiring such information.

AB742, s. 20 Section 20. 343.20 (1) (d) of the statutes is renumbered 343.20 (1) (d) 1.

AB742, s. 21 Section 21. 343.20 (1) (d) 2. of the statutes is created to read:

AB742,17,2 343.20 (1) (d) 2. The department shall cancel an operator's license that is endorsed for the operation of school buses under s. 343.12, regardless of the license expiration date, upon receiving a record of conviction or of adjudication of delinquency or results of a criminal history search showing that the person has been convicted of, or adjudicated delinquent for, a crime or other offense specified under s. 343.12 (7) or rules of the department promulgated under s. 343.12 (7) and (8) after issuance or renewal of the endorsement or at a time when, if known by the department, the conviction or adjudication would have prevented issuance or renewal of the endorsement.

AB742, s. 22 Section 22. 343.21 (1) (c) to (e) of the statutes are amended to read:

AB742,17,5 343.21 (1) (c) For the initial issuance or renewal of authorization to operate school buses that are not commercial motor vehicles, $5 $10.

AB742,17,12 (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $64. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified. An additional fee of $5 is required for the issuance or renewal of any "S" endorsement applied for or renewed at the same time for which the applicant is qualified.

AB742,17,14 (e) For upgrading an existing commercial driver license to add an "H", "N", "P", "S" or "T" endorsement, $5, or, to add an "S" endorsement, $10.

AB742, s. 23 Section 23. 343.21 (3) of the statutes is created to read:

AB742,17,18 343.21 (3) In addition to any fee required under sub. (1) (c), (d), or (e), the department may require payment to the department of any fee established by rule under s. 343.12 (8) (c) 2.

AB742, s. 24 Section 24 . 343.23 (2) (a) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB742,18,7 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:

AB742, s. 25 Section 25. 343.237 (title) and (2) of the statutes are amended to read:

AB742,18,10 343.237 (title) Access to license and identification card photographs and fingerprints.

AB742,18,15 (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken.

AB742, s. 26 Section 26. 343.237 (3) (intro.) of the statutes, as affected by 2003 Wisconsin Act 36, is amended to read:

AB742,18,23 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:

AB742, s. 27 Section 27. 343.237 (3) (a) of the statutes is amended to read:

AB742,19,2 343.237 (3) (a) The name of the person whose photograph or fingerprint is requested.

AB742, s. 28 Section 28. 343.237 (3) (c) (intro.) of the statutes, as affected by 2003 Wisconsin Act 36, is amended to read:

AB742,19,7 343.237 (3) (c) (intro.) A statement signed by a division commander or higher authority within the law enforcement agency that the photograph or fingerprint is requested for any of the following purposes:

AB742, s. 29 Section 29. 343.237 (3) (d), (4m), (5), (6), (7), (8) and (10) of the statutes are amended to read:

AB742,19,12 343.237 (3) (d) A For requests for photographs only, a statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.

AB742,19,17 (4m) The department shall attach to each copy of a photograph or fingerprint provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes." or "This fingerprint is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."

AB742,19,22 (5) Any law enforcement agency that has in its possession a copy of a photograph or fingerprint provided to it under sub. (3) or (4) shall destroy any copies of the photograph or fingerprint in its possession when the photograph or fingerprint is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph or fingerprint.

AB742,20,4 (6) For each copy of a photograph or fingerprint provided under sub. (3) or (4), the department shall record and maintain the written request for the copy of the photograph or fingerprint and may not disclose any record or other information concerning or relating to the written request to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian.

AB742,20,6 (7) The department may not charge a fee for providing a copy of any photograph or fingerprint to a Wisconsin law enforcement agency under this section.

AB742,20,11 (8) (a) Any law enforcement agency that receives a photograph or fingerprint provided to a law enforcement agency under this section shall keep the copy of the photograph or fingerprint confidential and may disclose it only if disclosure is necessary to perform a law enforcement function and the person to whom the copy of the photograph or fingerprint is disclosed agrees to comply with par. (c).

AB742,20,14 (b) If a law enforcement agency discloses a copy of a photograph or fingerprint to another person under par. (a), the copy of the photograph or fingerprint shall have attached to it the notation specified in sub. (4m).

AB742,20,19 (c) Any person who receives a copy of a photograph or fingerprint from a law enforcement agency under par. (a) shall destroy any copies of the photograph or fingerprint in his or her possession when the photograph or fingerprint is no longer necessary to perform the law enforcement function for which the photograph or fingerprint was disclosed.

AB742,20,22 (10) Any person who wilfully discloses a copy of a photograph or fingerprint in violation of this section may be required to forfeit not more than $500 for each violation. Each copy disclosed constitutes a separate offense.

AB742, s. 30 Section 30 . Nonstatutory provisions.

AB742,21,2 (1) The department of transportation shall submit in proposed form the rules required under section 343.12 (7) and (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this subsection.

AB742,21,15 (2) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 343.12 (7) and (8) of the statutes, as created by this act, for purposes of implementing this act, for the period before the effective date of the rules submitted under subsection (1). The department shall promulgate these emergency rules no later than the first day of the 10th month beginning after the effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until June 30, 2005, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.