SB3,9,1611 85.21 (5) Operator background information forms. (a) Every person who
12applies to be employed as an operator by a specialized transportation service that is
13operated by a county or that contracts with a county for services under this section
14shall complete a background information form and provide it to the specialized
15transportation service prior to being employed by the specialized transportation
16service.
SB3,9,2017 (b) No later than every 4 years, any person who is employed as an operator by
18a specialized transportation service that is operated by a county or that contracts
19with a county for services under this section shall complete an updated background
20information form and provide it to the specialized transportation service.
SB3,9,2421 (c) No person may provide false or incomplete information with respect to any
22material fact on a background information form required to be completed under this
23subsection. Any person who violates this paragraph may be required to forfeit not
24more than $1,000.
SB3, s. 7 25Section 7. 165.83 (2) (ng) of the statutes is created to read:
SB3,10,2
1165.83 (2) (ng) Perform the duties required of the department by ss. 85.21 (3m)
2(d) and 346.923 (4) relating to human service vehicle operators.
SB3, s. 8 3Section 8. 341.10 (15) of the statutes is created to read:
SB3,10,54 341.10 (15) The vehicle is required to be inspected under s. 110.05 and any of
5the following applies:
SB3,10,66 (a) The vehicle has not been inspected.
SB3,10,87 (b) The most recent inspection of the vehicle indicates noncompliance with ss.
8110.05 and 110.075 or ch. 347 or rules promulgated under those sections or ch. 347.
SB3, s. 9 9Section 9. 346.923 of the statutes is created to read:
SB3,10,12 10346.923 Human service vehicles; minimum operator qualifications. (1)
11Notwithstanding ss. 111.321, 111.322, and 111.335, no person may operate a human
12service vehicle transporting any passenger unless all of the following apply:
SB3,10,1413 (a) The operator possesses a valid operator's license issued under ch. 343 or by
14another jurisdiction that authorizes the operation of the human service vehicle.
SB3,10,1815 (b) The operator has not been involved as the operator of a motor vehicle in more
16than 2 traffic accidents that resulted in convictions for violations of laws related to
17motor vehicle use or operation during the 12 months immediately preceding the
18operation of the human service vehicle.
SB3,10,2119 (c) The operator has not been convicted of a violation of this section, other than
20a violation of par. (g), during the 60 months immediately preceding the operation of
21the human service vehicle.
SB3,11,922 (d) The operator has not been convicted of a violation of s. 346.63 (1), (2m), or
23(5) or a local ordinance in conformity therewith, or a violation of s. 346.63 (2) or (6),
24940.09 (1), or 940.25, or a violation of federal law or the law of a federally recognized
25American Indian tribe or band in this state or the law of another jurisdiction that

1would be a violation of s. 346.63 (1), (2), (2m), (5), or (6), 940.09 (1), or 940.25 if the
2person had committed the offense in this state and been convicted of the offense
3under the laws of this state, or of an offense specified in s. 343.12 (2) (d) other than
4an offense under s. 346.63 (7) or a local ordinance in conformity with s. 346.63 (7) or
5a law of a federally recognized American Indian tribe or band in this state in
6conformity with s. 346.63 (7), or of 2 or more offenses under s. 346.63 (7) or a local
7ordinance in conformity with s. 346.63 (7) or a law of a federally recognized American
8Indian tribe or band in this state in conformity with s. 346.63 (7), during the 24
9months immediately preceding the operation of the human service vehicle.
SB3,11,2110 (e) Notwithstanding par. (d), the operator has not been convicted of a violation
11of s. 85.21 (5) (c), 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5), or (6),
12940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
13948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
14948.12, 948.13, 948.21 (1), or 948.30 or a violation of federal law or the law of a
15federally recognized American Indian tribe or band in this state or the law of another
16jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12,
17940.19 (2), (3), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2),
18940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06,
19948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 if the
20person had committed the offense in this state and been convicted of the offense
21under the laws of this state.
SB3,11,2422 (f) Notwithstanding par. (d) and subject to par. (e), the operator meets the
23requirements specified under s. 343.12 (2) (e) and any rule established by the
24department under s. 343.12 (2) (e).
SB3,12,2
1(g) The operator conspicuously displays any identification card issued by a
2specialized transportation service under s. 85.21 (3m) (b) 8.
SB3,12,73 (h) The operator has, within the 2 previous years, been fully trained in the
4proper use of all passenger restraint systems available in the human service vehicle;
5the operator ascertains that all passengers required by statute or rule to be properly
6restrained are so restrained; and the operator responds to requests from passengers
7with respect to being properly restrained.
SB3,12,11 8(2) A person employed as an operator by a specialized transportation service
9that is operated by a county or that contracts with a county for services under s. 85.21
10shall report to the specialized transportation service in writing within 10 days of the
11occurrence of any of the following:
SB3,12,1512 (a) Any accident in which the person was involved as the operator of a motor
13vehicle, regardless of whether the person was issued a uniform traffic citation or
14charged with any offense or whether the person was operating a human service
15vehicle.
SB3,12,1716 (b) Any suspension or revocation of the person's operating privilege by this
17state or another jurisdiction.
SB3,12,18 18(3) The department shall do all of the following:
SB3,12,2519 (a) Prescribe a background information form that directs a person employed or
20seeking employment as an operator of a human service vehicle to provide
21information for the purposes of determining whether the person may operate a
22human service vehicle under sub. (1) or may be employed as an operator by a
23specialized transportation service under s. 85.21 (3m). The department shall provide
24counties and specialized transportation services with copies of the form upon
25request.
SB3,13,6
1(b) Prepare and make available to counties and specialized transportation
2services informational materials, in printed or electronic form, relating to
3compliance with this section and s. 85.21 (3m) and (5), and establish a method of
4communication, which may include a statewide, toll-free telephone hotline, to
5respond to questions regarding compliance with this section and s. 85.21 (3m) and
6(5).
SB3,13,13 7(4) The department of justice shall prepare and make available to counties and
8specialized transportation services informational materials, in printed or electronic
9form, relating to criminal background information specified under this section and
10s. 85.21 (3m) and (5), and shall establish a method of communication, which may
11include a statewide, toll-free telephone hotline, to respond to questions regarding
12criminal background information specified under this section and s. 85.21 (3m) and
13(5).
SB3, s. 10 14Section 10. 346.95 (4) of the statutes is amended to read:
SB3,13,1715 346.95 (4) Any person violating s. 346.923 (1) or (2), 346.925, or 346.94 (8) or
16(8m) may be required to forfeit not to exceed more than $20 for the first offense or
17not to exceed
and not more than $50 for each subsequent offense.
SB3, s. 11 18Section 11 . Nonstatutory provisions.
SB3,13,1919 (1) In this Section:
SB3,13,2220 (a) "Background information form" means the background information form
21prescribed by the department of transportation under section 346.923 (3) (a) of the
22statutes, as created by this act.
SB3,13,2523 (b) "Specialized transportation service" means a specialized transportation
24service, as defined in section 85.21 (2) (g) of the statutes, that is operated by a county
25or that contracts with a county for services under section 85.21 of the statutes.
SB3,14,11
1(2) Notwithstanding section 85.21 (5) of the statutes, as created by this act,
2every person who, on the effective date of this subsection, is employed as an operator
3by a specialized transportation service shall, not later than the first day of the 13th
4month beginning after the effective date of this subsection, complete a background
5information form and provide it to the specialized transportation service. A person
6who provides false or incomplete information with respect to any material fact on a
7background information form required to be completed under this subsection is
8subject to the penalty provided in section 85.21 (5) (c) of the statutes, as created by
9this act. A violation of this subsection shall be considered a violation of section 85.21
10(5) (c) of the statutes for purposes of sections 85.21 (3m) (b) 3. and 346.923 (1) (e) of
11the statutes, as created by this act.
SB3,14,2412 (3) Notwithstanding sections 111.321, 111.322, and 111.335 of the statutes,
13within 60 days after receipt of a completed background information form from a
14person specified under subsection (2 ), a specialized transportation service shall
15obtain from the records maintained by the department of justice, and the department
16of justice shall provide, a criminal history search of the person. Notwithstanding
17sections 111.321, 111.322, and 111.335 of the statutes, if the person who is the subject
18of the criminal history search is not a resident of this state, or if at any time within
19the 3 years preceding the date of the search that person has not been a resident of
20this state, the specialized transportation service shall make a good faith effort to
21obtain promptly from any state in which the person is a resident, or was a resident
22within the 3 years preceding the date of the search, information that is equivalent
23to a criminal history. Any person who violates this subsection is subject to the
24penalty provided in section 85.21 (3m) (g) of the statutes, as created by this act.
SB3,15,9
1(4) Notwithstanding sections 111.321, 111.322, and 111.335 of the statutes, no
2specialized transportation service may employ as an operator any person who has
3not submitted to the specialized transportation service a completed background
4information form required under subsection (2 ). A specialized transportation service
5that violates this subsection is subject to the penalty provided in section 85.21 (3m)
6(f) of the statutes, as created by this act. A violation of this subsection shall be
7considered a violation of section 85.21 (3m) (b) 11. of the statutes, as created by this
8act, for purposes of section 85.21 (3) (c) of the statutes, as affected by this act, and
9section 85.21 (3m) (a) of the statutes, as created by this act.
SB3,15,2410 (5) Notwithstanding section 85.21 (5) of the statutes, as created by this act, for
11every person employed as an operator by a specialized transportation service on the
12effective date of this subsection, the specialized transportation service shall, not
13later than the first day of the 13th month beginning after the effective date of this
14subsection, obtain the person's operating record from the department of
15transportation under section 343.24 of the statutes or, if the operating record has
16already been obtained by another entity, from that entity if there are reasonable
17grounds to believe that the operating record obtained from that entity is accurate and
18was furnished by the department to that entity not more than 2 months previously.
19A specialized transportation service that violates this subsection is subject to the
20penalty provided in section 85.21 (3m) (g) of the statutes, as created by this act. A
21violation of this subsection shall be considered a violation of section 85.21 (3m) (b)
227. of the statutes, as created by this act, for purposes of section 85.21 (3) (c) of the
23statutes, as affected by this act, and section 85.21 (3m) (a) of the statutes, as created
24by this act.
SB3, s. 12 25Section 12. Initial applicability.
SB3,16,2
1(1) The treatment of section 85.21 (3) (c) and (3m) (a) of the statutes first applies
2to contracts that are entered into on the effective date of this subsection.
SB3,16,53 (2) The treatment of section 341.10 (15) of the statutes first applies to
4applications for registration submitted on the first day of the 4th month beginning
5after publication.
SB3,16,96 (3) The treatment of sections 85.21 (3m) (b) 1. to 7., 10., and 11., (c), (d), and (dm)
7and (5) and 346.923 (1) (a) to (f) and (h), (2), and (3) (a) of the statutes first applies
8to persons specified under Section 11 (2) of this act on the first day of the 13th month
9beginning after the effective date of this subsection.
SB3, s. 13 10Section 13. Effective date.
SB3,16,1211 (1) This act takes effect on the first day of the 4th month beginning after
12publication.
SB3,16,1313 (End)
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