SB258: Bill Text

SB258, s. 8 Section 8. 346.923 of the statutes is created to read:

SB258,8,12 346.923 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:

SB258,8,14 (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.

SB258,8,17 (b) The operator has not been primarily at fault in any motor vehicle accident during the 12 months immediately preceding the operation of the human service vehicle.

SB258,8,21 (c) 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 of a violation of s. 346.63 (2) or (6), 940.09 (1), or 940.25, during the 12 months immediately preceding the operation of the human service vehicle.

SB258,8,24 (d) 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.

SB258,9,3 (e) 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 and, when requested by a passenger to do so, properly restrains the passenger.

SB258,9,6 (f) 1. The operator has not been convicted of a serious crime, has not been adjudicated delinquent on or after his or her 12th birthday for committing a serious crime, and does not have pending against him or her a charge for a serious crime.

SB258,9,9 2. No unit of government or state agency, as defined in s. 16.61 (2) (d), has made a finding that the operator has abused or neglected any elderly person or disabled person or misappropriated the property of an elderly person or disabled person.

SB258,9,11 (g) The operator complies with any applicable precautionary measures established by the department under sub. (4) (b) or (c).

SB258,9,12 (h) The operator has not been convicted of a violation of s. 85.21 (5) (d).

SB258,9,15 (2) A person employed as an operator by a specialized transportation service shall report to the specialized transportation service in writing within 10 days of the occurrence of any of the following:

SB258,9,16 (a) Any conviction for a violation of this section or s. 85.21 (5) (d).

SB258,9,19 (b) Any accident in which the person was involved as the operator of a motor vehicle, regardless of whether the person was primarily at fault or whether the person was operating a human service vehicle.

SB258,9,20 (c) Any conviction for a serious crime.

SB258,9,22 (d) Any conviction for a violation of s. 346.63 (1), (2m), or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2) or (6), 940.09 (1), or 940.25.

SB258,9,25 (e) Any finding by a unit of government or state agency, as defined in s. 16.61 (2) (d), that the person has abused or neglected an elderly person or disabled person or misappropriated the property of an elderly person or disabled person.

SB258,10,2 (f) Any suspension or revocation of the person's operating privilege by this state or another jurisdiction.

SB258,10,8 (3) (a) Notwithstanding sub. (1) (f) 1., the department may authorize a person who is convicted of a serious crime to operate a human service vehicle transporting a passenger if the person demonstrates to the department by clear and convincing evidence that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may demonstrate that he or she has been rehabilitated:

SB258,10,9 1. First-degree intentional homicide under s. 940.01.

SB258,10,10 2. First-degree sexual assault under s. 940.225 (1).

SB258,10,11 3. First-degree sexual assault of a child under s. 948.02 (1).

SB258,10,14 4. Second-degree sexual assault of a child under s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

SB258,10,19 5. Repeated acts of sexual assault of the same child under s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16, and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

SB258,10,23 (b) Any person who fails under par. (a) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

SB258,10,24 (4) The department shall do all of the following:

SB258,11,4 (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to transporting an elderly person or disabled person. The definition shall include the offenses specified in sub. (3) (a).

SB258,11,9 (b) Establish by rule procedures to be used by the department in determining under sub. (3) (a) whether a person who has been convicted of a serious crime has been rehabilitated, and prescribe precautionary measures to be taken by a specialized transportation service in relation to operators who have been convicted of serious crimes and who have been found by the department to be rehabilitated.

SB258,11,17 (c) Establish by rule a list of crimes or acts that are not included in the definition established under par. (a), that are substantially related to the transport of an elderly person or disabled person and the commission of which warrants a less stringent measure than a bar on employment as an operator. The rule shall be consistent with federal law and regulations and shall include a description of the precautionary measures to be taken by a specialized transportation service in relation to operators who have been convicted of the crimes or acts that the department lists under this paragraph.

SB258,11,22 (d) Conduct periodic training sessions throughout the state on criminal background investigations; on reporting and investigating misappropriation of property or abuse or neglect of an elderly person or disabled person; and on any other material that the department determines will better enable specialized transportation services to comply with the requirements of this section.

SB258,12,2 (e) Prescribe a background information form that directs a person seeking employment as an operator to state whether any of the circumstances described in sub. (1) (f) 1 or s. 85.21 (3m) (b) 1. to 3.., or in rules promulgated under sub. (4) (a), apply to the person. The department shall provide counties and specialized transportation services with copies of the form upon request.

SB258,12,5 (f) Establish by rule a method of determining whether an operator was primarily at fault in a motor vehicle accident for purposes of this section and s. 85.21 (3m) (b) 2. to 4.

SB258, s. 9 Section 9. 346.95 (4) of the statutes is amended to read:

SB258,12,9 346.95 (4) Any person violating s. 346.923, 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, s. 10 Section 10. Initial applicability.

SB258,12,12 (1) The treatment of section 85.21 (3m) (a) and (5) (a) of the statutes first applies to contracts that are entered into on the effective date of this subsection.

SB258,12,15 (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, s. 11 Section 11. Effective date.

SB258,12,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB258,12,19 (End)