Amendment SA117-AB150

AB150-SA117,51,5 341.43 Audits. The department may conduct such audits as it deems necessary to determine the adequacy of fees paid under the international registration plan or other proportional registration law or agreement and taxes and fees paid under s. 341.45. Audits shall be conducted during normal business hours. Credits shall be given for overpayments and deficiencies shall be assessed, with interest. Actual and necessary expenses incurred by an auditor, plus wages, may be assessed against the person audited.

AB150-SA117, s. 6410hb Section 6410hb. 341.45 (title) of the statutes is amended to read:

AB150-SA117,51,8 341.45 (title) Importation in vehicle tanks regulated; taxes; fees; permits.

AB150-SA117, s. 6410jb Section 6410jb. 341.45 (1g) (a) of the statutes is amended to read:

AB150-SA117,51,22 341.45 (1g) (a) Every Except as provided in subs. (3) and (4g), every person who purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and operates any qualified motor vehicle into this state upon a highway and transports that fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or alternate fuels tax, the oil company franchise fee under ch. 140 and the oil inspection fee under s. 168.12 on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax and fees by purchasing motor vehicle fuel or alternate fuels within this state in an amount that is equivalent to the gallonage consumed while operating the qualified motor vehicle on the highways of this state, or by remitting the tax and fees directly to the department or to another jurisdiction that is a party to the international fuel tax agreement.

AB150-SA117, s. 6410kb Section 6410kb. 341.45 (1g) (b) of the statutes is amended to read:

AB150-SA117,52,3 341.45 (1g) (b) The department may require any person required to pay under par. (a) to report on forms prescribed by it, to display evidence of compliance with par. (a) and to pay taxes and fees in the manner specified by the department.

AB150-SA117,52,6 (c) The department shall require any person convicted of evading the tax or fees due under par. (a) to report on forms and in the manner prescribed by the department.

AB150-SA117, s. 6410mb Section 6410mb. 341.45 (2) of the statutes is amended to read:

AB150-SA117,52,14 341.45 (2) Every person regularly or habitually operating qualified motor vehicles upon the highways of any other state and using in those qualified motor vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state shall be allowed a credit or refund equal to the oil company franchise fee and oil inspection fee and the tax on the motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but not to exceed the tax and fees imposed on motor vehicle fuel or alternate fuels by this state.

AB150-SA117, s. 6410nb Section 6410nb. 341.45 (3) of the statutes is amended to read:

AB150-SA117,52,22 341.45 (3) The department may enter into reciprocal agreements with the appropriate officials of any other state under which it may waive all or any part of the requirements imposed by this section upon those who use motor vehicle fuel or alternate fuels upon which the tax has and fees have been paid to another state if the officials of the other state grant equivalent privileges with respect to motor vehicle fuel or alternate fuels used in that state but upon which the tax has and fees have been paid to Wisconsin.

AB150-SA117, s. 6410pb Section 6410pb. 341.45 (4g) of the statutes is created to read:

AB150-SA117,53,4 341.45 (4g) The department may issue trip permits for 72-hour periods to persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or alternate fuels tax and the oil inspection fee under sub. (1g). The department shall charge a fee of not less than $15 for each permit issued under this subsection. A person who has obtained a permit under this subsection is exempt from the purchasing requirement of sub. (1g) (a).

AB150-SA117, s. 6410rb Section 6410rb. 341.45 (4m) of the statutes is created to read:

AB150-SA117,53,11 341.45 (4m) All oil inspection fees paid to the department of transportation under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall be deposited in the petroleum inspection fund. All oil inspection fees credited or refunded by the department of transportation under sub. (2) in excess of oil inspection fees paid to the department of transportation under sub. (1g) (a) shall be paid from the petroleum inspection fund.

AB150-SA117, s. 6410sb Section 6410sb. 341.45 (5) of the statutes is amended to read:

AB150-SA117,53,19 341.45 (5) The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the issuance and use of the permits authorized under sub. (4g). The rules may include provisions relating to the payment of interest on late payments of motor vehicle fuel and alternate fuels taxes, oil company franchise fees and oil inspection fees, and fees for the late payment or underpayment of motor vehicle fuel and alternate fuels taxes, oil company franchise fees and oil inspection fees.".

AB150-SA117,53,21 50. Page 2131, line 11: delete the material beginning with that line and ending with page 2139, line 6, and substitute:

AB150-SA117,53,22 " Section 6411eb. 343.01 (2) (cb) of the statutes is created to read:

AB150-SA117,54,2 343.01 (2) (cb) "Motorized construction equipment" means motor-driven construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer.

AB150-SA117, s. 6411emb Section 6411emb. 343.01 (2) (d) of the statutes is created to read:

AB150-SA117,54,5 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface and includes a digitized image.

AB150-SA117, s. 6411fb Section 6411fb. 343.02 (1) of the statutes is amended to read:

AB150-SA117,54,11 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317 and the regulations adopted under that act.

AB150-SA117, s. 6411gb Section 6411gb. 343.03 (1) (title) of the statutes is repealed and recreated to read:

AB150-SA117,54,14 343.03 (1) (title) Compliance with federal standards.

AB150-SA117, s. 6411geb Section 6411geb. 343.03 (1) (a) of the statutes is amended to read:

AB150-SA117,54,18 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 2701 to 2716 31301 to 31317 and 49 CFR 383.

AB150-SA117, s. 6411ggb Section 6411ggb. 343.03 (1) (b) of the statutes is amended to read:

AB150-SA117,54,22 343.03 (1) (b) The department shall begin issuance of issue operator's licenses in conformity with the classified driver license system to each licensee upon renewal, reinstatement or initial application by April 1, 1991.

AB150-SA117, s. 6411gjb Section 6411gjb. 343.03 (1) (c) of the statutes is repealed.

AB150-SA117, s. 6411gmb Section 6411gmb. 343.03 (5) of the statutes is amended to read:

AB150-SA117,55,7 343.03 (5) Inquiries before issuance. Before issuing a license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.

AB150-SA117, s. 6411grb Section 6411grb. 343.03 (8) of the statutes is repealed.

AB150-SA117, s. 6411hb Section 6411hb. 343.05 (2) (a) 2. of the statutes is amended to read:

AB150-SA117,55,17 343.05 (2) (a) 2. A nonresident who has in his or her immediate possession a valid commercial driver license issued to the person in his or her home another jurisdiction or Mexico bearing all endorsements required for the specific class and type of vehicle being operated. A license is not valid under this subdivision if the license is restricted to operation inside the person's home jurisdiction, or if the person is otherwise violating restrictions or exceeding operating authorization stated on the person's license. If the nonresident is operating a commercial motor vehicle in interstate commerce, he or she must be at least 21 years of age.

AB150-SA117, s. 6411jb Section 6411jb. 343.05 (2) (c) of the statutes is amended to read:

AB150-SA117,55,25 343.05 (2) (c) A tow truck operator holding a valid commercial driver license who is engaged in the removal of a disabled or wrecked vehicle from the highway or eliminating a hazard is not required to hold an endorsement to his or her commercial driver license regardless of the type of vehicle being towed. This exception to the requirement for an endorsement does not apply to any subsequent towing of the vehicle, including moving the vehicle from one repair facility to another, unless the one of the following applies:

AB150-SA117,56,2 1. The tow truck operator holds a commercial driver license and is accompanied by a driver who holds the required endorsements.

AB150-SA117, s. 6411jgb Section 6411jgb. 343.05 (2) (c) 2. of the statutes is created to read:

AB150-SA117,56,5 343.05 (2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its operation.

AB150-SA117, s. 6411jmb Section 6411jmb. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and amended to read:

AB150-SA117,56,14 343.05 (2) (a) 5. A person temporarily operating motorized construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer upon a highway in this state who possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled, disqualified or expired. This subdivision does not apply to a truck or a construction vehicle designed or equipped for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.

AB150-SA117, s. 6411mmb Section 6411mmb. 343.055 (5) of the statutes is amended to read:

AB150-SA117,56,20 343.055 (5) Rules. As soon as possible after the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317, or the regulations adopted under that act permit any commercial driver license waiver, the department shall promulgate rules governing eligibility for the waiver. This subsection applies to waivers not permitted by federal law on May 12, 1992.

AB150-SA117, s. 6411pb Section 6411pb. 343.06 (1) (c) of the statutes is amended to read:

AB150-SA117,57,20 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB150-SA117, s. 6411pgb Section 6411pgb. 343.06 (2) of the statutes is amended to read:

AB150-SA117,58,6 343.06 (2) After March 31, 1992, the The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Beginning on April 1, 1992, the department shall cancel any commercial driver license Any person who is known to the department to have been issued to a person who is disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified by the department, unless the required period of disqualification specified in s. 343.315 for the disqualifying offense has already expired.

AB150-SA117, s. 6411pmb Section 6411pmb. 343.065 (title) of the statutes is amended to read:

AB150-SA117,58,9 343.065 (title) Intrastate restricted Restricted commercial driver license.

AB150-SA117, s. 6411prb Section 6411prb. 343.065 (1) of the statutes is amended to read:

AB150-SA117,58,17 343.065 (1) If an applicant for a commercial driver license is less than 21 years of age or does not meet the physical qualifications for drivers contained in 49 CFR 391 or an alternative federally approved driver qualification program established by the department by rule but is at least 18 years of age and otherwise qualified under this chapter and the rules of the department, the department may issue the applicant a commercial driver license restricted to authorizing the operation of commercial motor vehicles only within this state and not in interstate commerce.

AB150-SA117, s. 6411ptb Section 6411ptb. 343.065 (2) of the statutes is amended to read:

AB150-SA117,58,21 343.065 (2) A commercial driver license issued under this section shall clearly identify that the license does not authorize the operation of commercial motor vehicles outside this state or in interstate commerce.

AB150-SA117, s. 6411rb Section 6411rb. 343.10 (2) (a) 1. of the statutes is amended to read:

AB150-SA117,59,2 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the one-year period immediately preceding the present revocation or suspension.

AB150-SA117, s. 6412beb Section 6412beb. 343.10 (10) (a) of the statutes is amended to read:

AB150-SA117,59,11 343.10 (10) (a) If the petitioner's commercial driver license has been suspended or revoked solely for a violation of s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, a petition seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed directly with the department. The petition may also seek authorization to operate "Class D" or "Class M" vehicles.

AB150-SA117, s. 6412bgb Section 6412bgb. 343.12 (2) (h) of the statutes is amended to read:

AB150-SA117,59,18 343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes and passes a special examination prescribed by the department and administered by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his or her ability to safely operate a school bus. This special examination may include the examination required under sub. (3). The department may renew the endorsement without retesting the licensee, except under sub. (3).

AB150-SA117, s. 6412bhb Section 6412bhb. 343.14 (3) of the statutes is renumbered 343.14 (3) (a).

AB150-SA117, s. 6412bjb Section 6412bjb. 343.14 (3) (b) and (c) of the statutes are created to read:

AB150-SA117,59,23 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50 (4) may be maintained by the department and shall be kept confidential. The department may release a photograph only to the following persons:

AB150-SA117,59,24 1. The person whose photograph was taken.

AB150-SA117,60,2 2. Any person authorized in writing by the person whose photograph was taken.

AB150-SA117,60,4 3. A law enforcement agency, a state agency or a federal governmental agency to perform a legally authorized function.

AB150-SA117,60,7 (c) Any person who has received a photograph under par. (b) shall keep the photograph confidential and may not disclose or reproduce it except as authorized. This paragraph does not apply to the person whose photograph was taken.

AB150-SA117, s. 6412bnb Section 6412bnb. 343.14 (4) of the statutes is repealed.".

AB150-SA117,60,10 51. Page 2139, line 10: delete the material beginning with that line and ending with page 2151, line 4 and substitute:

AB150-SA117,60,11 " Section 6412cab. 343.16 (1) (a) of the statutes is amended to read:

AB150-SA117,61,14 343.16 (1) (a) General. The department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e) and s. 343.03 (8) (b) and (c), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. The Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB150-SA117, s. 6412ccb Section 6412ccb. 343.17 (3) (e) 1. of the statutes is amended to read:

AB150-SA117,61,18 343.17 (3) (e) 1. "K" restriction, which restricts a person issued a license under s. 343.065 to from operating commercial motor vehicles only within this state and not in interstate commerce.

AB150-SA117, s. 6412cdb Section 6412cdb. 343.21 (1) (g) of the statutes is amended to read:

AB150-SA117,61,22 343.21 (1) (g) For removing a "K" restriction against operation of commercial motor vehicles outside this state or in interstate commerce, the same fee as for a duplicate license.

AB150-SA117, s. 6412ceb Section 6412ceb. 343.21 (1) (jm) of the statutes is created to read:

AB150-SA117,62,3 343.21 (1) (jm) For reinstatement of a previously disqualified authorization to operate a commercial motor vehicle, $50. This fee is not applicable to disqualifications under s. 343.315 (2) (g).

AB150-SA117, s. 6412cfb Section 6412cfb. 343.21 (1) (m) of the statutes is created to read:

AB150-SA117,62,7 343.21 (1) (m) For reinstatement of a previously canceled license or endorsement, $50. This fee includes reinstatement of any classification or endorsement applied for at the same time for which the applicant is qualified.

AB150-SA117, s. 6412cgb Section 6412cgb. 343.23 (2) of the statutes is amended to read:

AB150-SA117,63,13 343.23 (2) The department shall maintain a file for each licensee containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the licensee'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) and a record of any reportable accident in which the licensee has been involved, including specification of the type of license and endorsements issued under this chapter under which the licensee was operating at the time of the accident and an indication whether or not the accident occurred in the course of the licensee's employment as a law enforcement officer, fire fighter or emergency medical technician — paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. This information must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of revocation. For purposes of this subsection, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.

AB150-SA117, s. 6412chb Section 6412chb. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:

AB150-SA117,63,15 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or

AB150-SA117,63,17 4. Has more than one operator's license, except during the 10-day period beginning on the date on which the employe is issued an operator's license.; or

AB150-SA117, s. 6412cib Section 6412cib. 343.245 (3) (b) 5. of the statutes is created to read:

AB150-SA117,63,20 343.245 (3) (b) 5. Does not possess a valid commercial driver license properly endorsed to permit operation of the vehicle.

AB150-SA117, s. 6412cjb Section 6412cjb. 343.245 (4) (b) of the statutes is amended to read: