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 1Section 1. 121.52 (2) (b) of the statutes is amended to read:
AB742,5,62 121.52 (2) (b) The owner or lessee of all privately owned motor vehicles
3transporting pupils for compensation shall be under written contract with the school
4board of the district for which such transportation is provided. The contract shall
5require the owner or lessee to perform any action necessary for the owner or lessee
6or the school board to fulfill any obligation specified in sub. (5) or s. 121.555.
AB742, s. 2 7Section 2. 121.52 (5) of the statutes is created to read:
AB742,5,108 121.52 (5) Upon written request of a parent or guardian of a pupil for whom
9the school district provides transportation, the school board shall disclose the name
10of each driver who transports the pupil under sub. (2) (a) or (b).
AB742, s. 3
1Section 3. 121.555 (2) (c) 5. of the statutes is repealed.
AB742, s. 4 2Section 4. 121.555 (3) of the statutes is created to read:
AB742,6,73 121.555 (3) (a) Subject to par. (c), any person that employs or contracts with
4an individual, except an individual who holds a valid school bus endorsement issued
5under s. 343.12, to operate a motor vehicle under sub. (1) to transport pupils shall
6do all of the following before the individual is initially permitted to operate the
7vehicle and every 4 years thereafter:
AB742,6,158 1. Notwithstanding ss. 111.321, 111.322, and 111.335, request from the records
9maintained by the department of justice a criminal history search of the individual.
10Notwithstanding ss. 111.321, 111.322, and 111.335, if the individual who is the
11subject of the criminal history search has not resided in this state at anytime within
12the 2 years preceding the date of the search, the person shall make a good faith effort
13to obtain additional criminal history information from any state in which the
14individual has resided during this time period or from any other applicable federal
15or state agency.
AB742,6,2016 2. Request the individual's operating record from the department of
17transportation under s. 343.24 or, if the operating record has already been obtained
18by another entity, from that entity if there are reasonable grounds to believe that the
19operating record obtained from that entity is accurate and was furnished by the
20department of transportation to that entity not more than 2 months previously.
AB742,6,2221 3. Obtain a background information form, prescribed by the department under
22sub. (6) (b), completed by the individual.
AB742,7,723 (b) Any person that employs or contracts with an individual to operate a motor
24vehicle under sub. (1) to transport pupils, except an individual who holds a valid
25school bus endorsement issued under s. 343.12, may require the individual to be

1fingerprinted on 2 fingerprint cards, each bearing a complete set of the individual's
2fingerprints, or by other technologies approved by law enforcement agencies. The
3department of justice may provide for the submission of the fingerprint cards or
4fingerprints by other technologies to the federal bureau of investigation for the
5purposes of verifying the identity of the individual fingerprinted and obtaining
6records of his or her criminal arrests and convictions. Except as provided in this
7paragraph, fingerprints obtained under this paragraph shall be kept confidential.
AB742,7,128 (c) Notwithstanding ss. 111.321, 111.322, and 111.335, no person that employs
9or contracts with an individual, except an individual who holds a valid school bus
10endorsement issued under s. 343.12, to operate a motor vehicle under sub. (1) to
11transport pupils may permit the individual to operate such a vehicle if any of the
12following applies:
AB742,7,1713 1. The person knows or should know that the individual has a record of
14conviction or operating privilege revocation or adjudicated delinquency that would
15disqualify the person from issuance or renewal of a school bus endorsement under
16s. 343.12 (7) and rules promulgated by the department of transportation under s.
17343.12 (7) and (8).
AB742,7,1918 2. The person knows or should know that the individual has been convicted of
19a violation of sub. (4) (b).
AB742,7,2120 3. The person knows or should know that the individual is listed in the registry
21under s. 146.40 (4g) (a) 2.
AB742, s. 5 22Section 5. 121.555 (4) of the statutes is created to read:
AB742,7,2523 121.555 (4) (a) An individual who is employed by or under contract with a
24person to operate a motor vehicle under sub. (1) to transport pupils shall report to
25the person in writing within 10 days of the occurrence of any of the following:
AB742,8,4
11. Any accident in which the individual was involved as the operator of a motor
2vehicle, regardless of whether the individual was issued a uniform traffic citation or
3charged with any offense or whether the individual was operating a motor vehicle
4under sub. (1) to transport pupils.
AB742,8,115 2. Notwithstanding ss. 111.321, 111.322, and 111.335, any conviction or
6operating privilege revocation that, under sub. (3) (c), makes the individual ineligible
7to operate a motor vehicle under sub. (1) to transport pupils or, if the individual holds
8a valid school bus endorsement issued under s. 343.12, that disqualifies the
9individual from issuance or renewal of a school bus endorsement under s. 343.12 (7)
10and rules promulgated by the department of transportation under s. 343.12 (7) and
11(8).
AB742,8,1312 3. Any suspension or revocation of the individual's operating privilege, or
13cancellation of a school bus endorsement, by this state or another jurisdiction.
AB742,8,1514 (b) No individual may provide false or incomplete information with respect to
15any material fact on a background information form specified in sub. (3) (a) 3.
AB742, s. 6 16Section 6. 121.555 (5) of the statutes is created to read:
AB742,8,1917 121.555 (5) No individual may operate a motor vehicle under sub. (1) to
18transport pupils if the individual is ineligible to do so under sub. (2) (c) and (cm) or
19under sub. (3) (c).
AB742, s. 7 20Section 7. 121.555 (6) of the statutes is created to read:
AB742,8,2421 121.555 (6) (a) The department shall prepare and make available to school
22districts, private schools, and contractors providing pupil transportation services
23informational materials, in printed or electronic form, relating to compliance with
24this section.
AB742,9,5
1(b) In consultation with persons that employ or contract with individuals to
2operate motor vehicles under sub. (1), the department shall prescribe a background
3information form for purposes of sub. (3). The form shall require an individual under
4sub. (3) (a) to specify whether the individual is listed in the registry under s. 146.40
5(4g) (a) 2.
AB742, s. 8 6Section 8. 121.555 (7) of the statutes is created to read:
AB742,9,107 121.555 (7) Any person that employs or contracts with an individual to operate
8a motor vehicle under sub. (1) to transport pupils shall maintain all records and
9furnish all information determined necessary to determine compliance with this
10section.
AB742, s. 9 11Section 9. 121.555 (8) of the statutes is created to read:
AB742,9,1412 121.555 (8) (a) Any individual who violates sub. (4) (a) or (5) may be required
13to forfeit not more than $100 for the first offense and not more than $200 for each
14subsequent offense.
AB742,9,1615 (b) Any individual who violates sub. (4) (b) may be required to forfeit not more
16than $1,000.
AB742, s. 10 17Section 10 . 343.12 (2) (intro.) of the statutes is amended to read:
AB742,9,2018 343.12 (2) (intro.) The department shall issue or, except as provided in par. (h),
19renew
a school bus endorsement to a person only if such person meets all of the
20following requirements:
AB742, s. 11 21Section 11. 343.12 (2) (d) of the statutes is repealed.
AB742, s. 12 22Section 12. 343.12 (2) (dm) of the statutes is created to read:
AB742,9,2523 343.12 (2) (dm) Notwithstanding ss. 111.321, 111.322, and 111.335, has been
24subject to the background investigation specified in sub. (6) (a) and does not have a
25record of conviction or of adjudication of delinquency or operating privilege

1revocation that disqualifies the person from issuance or renewal of a school bus
2endorsement under sub. (7) or rules promulgated by the department under subs. (7)
3and (8).
AB742, s. 13 4Section 13. 343.12 (2) (e) of the statutes is repealed.
AB742, s. 14 5Section 14. 343.12 (2) (em) of the statutes is created to read:
AB742,10,76 343.12 (2) (em) Is not, based upon the person's application, listed in the registry
7under s. 146.40 (4g) (a) 2.
AB742, s. 15 8Section 15. 343.12 (4) (b) of the statutes is amended to read:
AB742,10,159 343.12 (4) (b) The department may shall, by rule, establish standards for the
10employment by an employer of a person under par. (a) 3. as an operator of a school
11bus in this state. The rules may require the person to meet the qualifications
12contained in sub. (2) or (3) and any rules of the department applicable to residents,
13except that the rules shall require the person to meet the qualifications contained in
14sub. (2) (dm) and (em). The rules shall also require the employer to perform the
15actions specified in s. 121.555 (3) (a) 1. and 3
.
AB742, s. 16 16Section 16. 343.12 (5) of the statutes is renumbered 343.12 (9).
AB742, s. 17 17Section 17. 343.12 (6) of the statutes is created to read:
AB742,11,318 343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the
19initial issuance or renewal of a school bus endorsement, the department shall
20conduct a background investigation of the applicant. In conducting the background
21investigation, the department shall obtain from the records maintained by the
22department of justice a criminal history search of the applicant. If the applicant has
23not resided in this state at anytime within the 2 years preceding the date of the
24search, the department shall make a good faith effort to obtain additional criminal
25history information from any state in which the applicant has resided during this

1time period of from any other applicable federal or state agency. The department
2shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the
3background investigation was completed.
AB742,11,104 (b) The department may require an applicant for the initial issuance or renewal
5of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing
6a complete set of the person's fingerprints, or by other technologies approved by law
7enforcement agencies. The department of justice may provide for the submission of
8the fingerprint cards or fingerprints by other technologies to the federal bureau of
9investigation for the purposes of verifying the identity of the person fingerprinted
10and obtaining records of his or her criminal arrests and convictions.
AB742,11,1311 (c) The department shall require an applicant for an endorsement under this
12section to specify on the application whether the applicant is listed in the registry
13under s. 146.40 (4g) (a) 2.
AB742,11,1814 (d) Notwithstanding ss. 111.321, 111.322, and 111.335, 4 years after the initial
15issuance or renewal of a school bus endorsement, the department of transportation
16shall obtain from the records maintained by the department of justice a criminal
17history search of the person to whom the school bus endorsement is issued and, if
18applicable, take action under s. 343.20 (1) (d) 2.
AB742, s. 18 19Section 18. 343.12 (7) of the statutes is created to read:
AB742,12,320 343.12 (7) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the
21department may not issue or renew a school bus endorsement if, within the time
22period specified by the department by rule but not less than 2 years immediately
23preceding the date of application, the applicant has been convicted of a violation of
24any of the following state laws or any local ordinance in conformity with any of the
25following state laws or any federal law or law of a federally recognized American

1Indian tribe or band in this state or law of another jurisdiction that would be a
2violation of any of the following state laws if the person had committed the offense
3in this state and been convicted of the offense under the laws of this state:
AB742,12,44 1. Reckless driving under s. 346.62.
AB742,12,65 2. Operating a motor vehicle while operating privileges are suspended or
6revoked or while the operator is disqualified under s. 343.44 (1) (a), (b), or (d).
AB742,12,87 3. Second-degree reckless homicide under s. 940.06 if the offense results from
8the operation of a motor vehicle.
AB742,12,99 4. Homicide by intoxicated use of a vehicle under s. 940.09 (1).
AB742,12,1010 5. Homicide by negligent operation of a vehicle under s. 940.10.
AB742,12,1111 6. Injury by intoxicated use of a vehicle under s. 940.25 (1).
AB742,12,1312 7. Causing injury by operating a motor vehicle under the influence of an
13intoxicant or other drug under s. 346.63 (2).
AB742,12,1514 8. Causing injury by operating a commercial motor vehicle with a prohibited
15alcohol concentration under s. 346.63 (6).
AB742,12,1716 9. Operating a motor vehicle under the influence of an intoxicant or other drug
17or with a prohibited alcohol concentration under s. 346.63 (1).
AB742,12,1918 10. Operating a commercial motor vehicle with a prohibited alcohol
19concentration under s. 346.63 (5).
AB742,12,2120 11. Operating a motor vehicle while under the legal drinking age with a
21prohibited alcohol concentration under s. 346.63 (2m).
AB742,12,2322 12. Failure to stop and render assistance at the scene of a motor vehicle
23accident under s. 346.67 (1) (c).
AB742,12,2424 13. Fleeing from or attempting to elude a traffic officer under s. 346.04 (3).
AB742,13,8
114. Operating a commercial motor vehicle or being on duty time while having
2any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated,
3or while possessing alcohol under s. 346.63 (7) (a) if the applicant has been previously
4convicted of any offense under s. 346.63 (7) (a) or any local ordinance in conformity
5with s. 346.63 (7) (a) or any federal law or law of a federally recognized American
6Indian tribe or band in this state or law of another jurisdiction that would be a
7violation of s. 346.63 (7) (a) if the applicant had committed the offense in this state
8and been convicted of the offense under the laws of this state.
AB742,13,159 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not
10issue or renew a school bus endorsement if, within 2 years immediately preceding
11the date of application, the applicant has had his or her operating privilege revoked
12under s. 343.305 (10) for refusal to submit to chemical testing or has been convicted
13in another jurisdiction or had his or her operating privilege in another jurisdiction
14suspended or revoked under any law of that jurisdiction prohibiting refusal of
15chemical testing that is comparable to s. 343.305.
AB742,13,2416 (c) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not
17issue or renew a school bus endorsement if, within the time period specified by the
18department by rule but not less than 5 years immediately preceding the date of
19application, the applicant has been convicted of a violation of any of the following
20state laws or any local ordinance in conformity with any of the following state laws
21or any federal law or law of a federally recognized American Indian tribe or band in
22this state or law of another jurisdiction that would be a violation of any of the
23following state laws if the person had committed the offense in this state and been
24convicted of the offense under the laws of this state:
AB742,13,2525 1. First-degree intentional homicide under s. 940.01.
AB742,14,1
12. First-degree reckless homicide under s. 940.02.
AB742,14,22 3. Felony murder under s. 940.03.
AB742,14,33 4. Second-degree intentional homicide under s. 940.05.
AB742,14,44 5. Assisting suicide under s. 940.12.
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