Amendment SSA1-SB258

SB258-SSA1,8,17 (b) The most recent inspection of the vehicle indicates noncompliance with ss. 110.05 and 110.075 or ch. 347 or rules promulgated under those sections or ch. 347.

SB258-SSA1, s. 9 Section 9. 346.923 of the statutes is created to read:

SB258-SSA1,8,21 346.923 Human service vehicles; minimum operator qualifications. (1) Notwithstanding ss. 111.321, 111.322, and 111.335, no person may operate a human service vehicle transporting any passenger unless all of the following apply:

SB258-SSA1,8,23 (a) The operator possesses a valid operator's license issued under ch. 343 or by another jurisdiction that authorizes the operation of the human service vehicle.

SB258-SSA1,9,2 (b) The operator has not been involved as the operator of a motor vehicle in more than 2 traffic accidents that resulted in convictions for violations of laws related to motor vehicle use or operation during the 12 months immediately preceding the operation of the human service vehicle.

SB258-SSA1,9,5 (c) The operator has not been convicted of a violation of this section, other than a violation of par. (g), during the 60 months immediately preceding the operation of the human service vehicle.

SB258-SSA1,9,18 (d) The operator has not been convicted of a violation of s. 346.63 (1), (2m), or (5) or a local ordinance in conformity therewith, or a violation of s. 346.63 (2) or (6), 940.09 (1), or 940.25, or a violation of federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction that would be a violation of s. 346.63 (1), (2), (2m), (5), or (6), 940.09 (1), or 940.25 if the person had committed the offense in this state and been convicted of the offense under the laws of this state, or of an offense specified in s. 343.12 (2) (d) other than an offense under s. 346.63 (7) or a local ordinance in conformity with s. 346.63 (7) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), or of 2 or more offenses under s. 346.63 (7) or a local ordinance in conformity with s. 346.63 (7) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (7), during the 24 months immediately preceding the operation of the human service vehicle.

SB258-SSA1,9,25 (e) Notwithstanding par. (d), the operator has not been convicted of a violation of s. 85.21 (5) (c), 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 or a violation of federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 if the person had committed the offense in this state and been convicted of the offense under the laws of this state.

SB258-SSA1,10,8 (f) Notwithstanding par. (d) and subject to par. (e), the operator meets the requirements specified under s. 343.12 (2) (e) and any rule established by the department under s. 343.12 (2) (e).

SB258-SSA1,10,11 (g) The operator conspicuously displays an identification card issued by the specialized transportation service that identifies the bearer as an operator, states his or her name, and contains his or her photograph.

SB258-SSA1,10,16 (h) The operator has, within the 2 previous years, been fully trained in the proper use of all passenger restraint systems available in the human service vehicle; the operator ascertains that all passengers required by statute or rule to be properly restrained are so restrained; and the operator responds to requests from passengers with respect to being properly restrained.

SB258-SSA1,10,20 (2) A person employed as an operator by a specialized transportation service that is operated by a county or that contracts with a county for services under s. 85.21 shall report to the specialized transportation service in writing within 10 days of the occurrence of any of the following:

SB258-SSA1,10,24 (a) Any accident in which the person was involved as the operator of a motor vehicle, regardless of whether the person was issued a uniform traffic citation or charged with any offense or whether the person was operating a human service vehicle.

SB258-SSA1,11,2 (b) Any suspension or revocation of the person's operating privilege by this state or another jurisdiction.

SB258-SSA1,11,3 (3) The department shall do all of the following:

SB258-SSA1,11,10 (a) Prescribe a background information form that directs a person employed or seeking employment as an operator of a human service vehicle to provide information for the purposes of determining whether the person may operate a human service vehicle under sub. (1) or may be employed as an operator by a specialized transportation service under s. 85.21 (3m). The department shall provide counties and specialized transportation services with copies of the form upon request.

SB258-SSA1,11,16 (b) Prepare and make available to counties and specialized transportation services informational materials, in printed or electronic form, relating to compliance with this section and s. 85.21 (3m) and (5), and establish a method of communication, which may include a statewide, toll-free telephone hotline, to respond to questions regarding compliance with this section and s. 85.21 (3m) and (5).

SB258-SSA1,11,23 (4) The department of justice shall prepare and make available to counties and specialized transportation services informational materials, in printed or electronic form, relating to criminal background information specified under this section and s. 85.21 (3m) and (5), and shall establish a method of communication, which may include a statewide, toll-free telephone hotline, to respond to questions regarding criminal background information specified under this section and s. 85.21 (3m) and (5).

SB258-SSA1, s. 10 Section 10. 346.95 (4) of the statutes is amended to read:

SB258-SSA1,12,3 346.95 (4) Any person violating s. 346.923 (1) or (2), 346.925, or 346.94 (8) or (8m) may be required to forfeit not to exceed more than $20 for the first offense or not to exceed and not more than $50 for each subsequent offense.

SB258-SSA1, s. 11 Section 11 . Nonstatutory provisions.

SB258-SSA1,12,5 (1) In this Section:

SB258-SSA1,12,8 (a) "Background information form" means the background information form prescribed by the department of transportation under section 346.923 (3) (a) of the statutes, as created by this act.

SB258-SSA1,12,11 (b) "Specialized transportation service" means a specialized transportation service, as defined in section 85.21 (2) (g) of the statutes, that is operated by a county or that contracts with a county for services under section 85.21 of the statutes.

SB258-SSA1,12,22 (2) Notwithstanding section 85.21 (5) of the statutes, as created by this act, every person who, on the effective date of this subsection, is employed as an operator by a specialized transportation service shall, not later than the first day of the 13th month beginning after the effective date of this subsection, complete a background information form and provide it to the specialized transportation service. A person who provides false or incomplete information with respect to any material fact on a background information form required to be completed under this subsection is subject to the penalty provided in section 85.21 (5) (c) of the statutes, as created by this act. A violation of this subsection shall be considered a violation of section 85.21 (5) (c) of the statutes for purposes of sections 85.21 (3m) (b) 3. and 346.923 (1) (e) of the statutes, as created by this act.

SB258-SSA1,13,12 (3) Notwithstanding sections 111.321 and 111.322 of the statutes, and section 111.335 of the statutes, as affected by 2001 Wisconsin Act 16, within 60 days after receipt of a completed background information form from a person specified under subsection (2), a specialized transportation service shall obtain from the records maintained by the department of justice, and the department of justice shall provide, a criminal history search of the person. Notwithstanding sections 111.321 and 111.322 of the statutes, and section 111.335 of the statutes, as affected by 2001 Wisconsin Act 16, if the person who is the subject of the criminal history search is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the specialized transportation service shall make a good faith effort to obtain promptly from any state in which the person is a resident, or was a resident within the 3 years preceding the date of the search, information that is equivalent to a criminal history. Any person who violates this subsection is subject to the penalty provided in section 85.21 (3m) (g) of the statutes, as created by this act.

SB258-SSA1,13,22 (4) Notwithstanding sections 111.321 and 111.322 of the statutes, and section 111.335 of the statutes, as affected by 2001 Wisconsin Act 16, no specialized transportation service may employ as an operator any person who has not submitted to the specialized transportation service a completed background information form required under subsection (2). A specialized transportation service that violates this subsection is subject to the penalty provided in section 85.21 (3m) (f) of the statutes, as created by this act. A violation of this subsection shall be considered a violation of section 85.21 (3m) (b) 11. of the statutes, as created by this act, for purposes of section 85.21 (3) (c) of the statutes, as affected by this act, and section 85.21 (3m) (a) of the statutes, as created by this act.

SB258-SSA1,14,12 (5) Notwithstanding section 85.21 (5) of the statutes, as created by this act, for every person employed as an operator by a specialized transportation service on the effective date of this subsection, the specialized transportation service shall, not later than the first day of the 13th month beginning after the effective date of this subsection, obtain the person's operating record from the department of transportation under section 343.24 of the statutes 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 to that entity not more than 2 months previously. A specialized transportation service that violates this subsection is subject to the penalty provided in section 85.21 (3m) (g) of the statutes, as created by this act. A violation of this subsection shall be considered a violation of section 85.21 (3m) (b) 7. of the statutes, as created by this act, for purposes of section 85.21 (3) (c) of the statutes, as affected by this act, and section 85.21 (3m) (a) of the statutes, as created by this act.

SB258-SSA1, s. 12 Section 12. Initial applicability.

SB258-SSA1,14,15 (1) The treatment of section 85.21 (3) (c) and (3m) (a) of the statutes first applies to contracts that are entered into on the effective date of this subsection.

SB258-SSA1,14,18 (2) The treatment of section 341.10 (15) of the statutes first applies to applications for registration submitted on the first day of the 4th month beginning after publication.

SB258-SSA1,14,22 (3) The treatment of sections 85.21 (3m) (b) 1. to 7., 10., and 11., (c), (d), and (dm) and (5) and 346.923 (1) (a) to (f) and (h), (2), and (3) (a) of the statutes first applies to persons specified under Section 11 (2) of this act on the first day of the 13th month beginning after the effective date of this subsection.

SB258-SSA1, s. 13 Section 13. Effective date.

SB258-SSA1,15,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB258-SSA1,15,3 (End)