2003 WISCONSIN ACT 280
An Act to repeal 121.555 (2) (c) 5., 343.12 (2) (d) and 343.12 (2) (e); to renumber 343.12 (5) and 343.20 (1) (d); to amend 121.52 (2) (b), 343.12 (2) (intro.), 343.12 (4) (b), 343.21 (1) (c) to (e), 343.23 (2) (a) (intro.), 343.237 (title) and (2), 343.237 (3) (intro.), 343.237 (3) (a), 343.237 (3) (c) (intro.) and 343.237 (3) (d), (4m), (5), (6), (7), (8) and (10); and to create 121.52 (5), 121.555 (3), 121.555 (4), 121.555 (5), 121.555 (6), 121.555 (7), 121.555 (8), 343.12 (2) (dm), 343.12 (2) (em), 343.12 (6), 343.12 (7), 343.12 (8), 343.20 (1) (d) 2. and 343.21 (3) of the statutes; relating to: qualifications for endorsements authorizing the operation of a school bus and for operators of certain other motor vehicles transporting pupils, school board contracts for the transportation of pupils, studying the use of video cameras on school buses and the training of operators of school buses and certain other motor vehicles transporting pupils, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures and from rule-making procedures, granting rule-making authority, making an appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
280,1
Section
1. 121.52 (2) (b) of the statutes is amended to read:
121.52 (2) (b) The owner or lessee of all privately owned motor vehicles transporting pupils for compensation shall be under written contract with the school board of the district for which such transportation is provided. The contract shall require the owner or lessee to perform any action necessary for the owner or lessee or the school board to fulfill any obligation specified in sub. (5) or s. 121.555.
280,2
Section
2. 121.52 (5) of the statutes is created to read:
121.52 (5) Upon written request of a parent or guardian of a pupil for whom the school district provides transportation, the school board shall disclose the name of each driver who transports the pupil under sub. (2) (a) or (b).
280,3
Section
3. 121.555 (2) (c) 5. of the statutes is repealed.
280,4
Section
4. 121.555 (3) of the statutes is created to read:
121.555 (3) (a) Subject to par. (c), any person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under s. 343.12, to operate a motor vehicle under sub. (1) to transport pupils shall do all of the following before the individual is initially permitted to operate the vehicle and every 4 years thereafter:
1. Notwithstanding ss. 111.321, 111.322, and 111.335, request from the records maintained by the department of justice a criminal history search of the individual. Notwithstanding ss. 111.321, 111.322, and 111.335, if the individual who is the subject of the criminal history search has not resided in this state at anytime within the 2 years preceding the date of the search, the person shall make a good faith effort to obtain additional criminal history information from any state in which the individual has resided during this time period or from any other applicable federal or state agency.
2. Request the individual's operating record from the department of transportation under s. 343.24 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 of transportation to that entity not more than 2 months previously.
3. Obtain a background information form, prescribed by the department under sub. (6) (b), completed by the individual.
(b) Any person that employs or contracts with an individual to operate a motor vehicle under sub. (1) to transport pupils, except an individual who holds a valid school bus endorsement issued under s. 343.12, may require the individual to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the individual's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the individual fingerprinted and obtaining records of his or her criminal arrests and convictions. Except as provided in this paragraph, fingerprints obtained under this paragraph shall be kept confidential.
(c) Notwithstanding ss. 111.321, 111.322, and 111.335, no person that employs or contracts with an individual, except an individual who holds a valid school bus endorsement issued under s. 343.12, to operate a motor vehicle under sub. (1) to transport pupils may permit the individual to operate such a vehicle if any of the following applies:
1. 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 person from issuance or renewal of a school bus endorsement under s. 343.12 (7) and rules promulgated by the department of transportation under s. 343.12 (7) and (8).
2. The person knows or should know that the individual has been convicted of a violation of sub. (4) (b).
3. The person knows or should know that the individual is listed in the registry under s. 146.40 (4g) (a) 2.
280,5
Section
5. 121.555 (4) of the statutes is created to read:
121.555 (4) (a) An individual who is employed by or under contract with a person to operate a motor vehicle under sub. (1) to transport pupils shall report to the person in writing within 10 days of the occurrence of any of the following:
1. Any accident in which the individual was involved as the operator of a motor vehicle, regardless of whether the individual was issued a uniform traffic citation or charged with any offense or whether the individual was operating a motor vehicle under sub. (1) to transport pupils.
2. Notwithstanding ss. 111.321, 111.322, and 111.335, any conviction or operating privilege revocation that, under sub. (3) (c), makes the individual ineligible to operate a motor vehicle under sub. (1) to transport pupils or, if the individual holds a valid school bus endorsement issued under s. 343.12, that disqualifies the individual from issuance or renewal of a school bus endorsement under s. 343.12 (7) and rules promulgated by the department of transportation under s. 343.12 (7) and (8).
3. Any suspension or revocation of the individual's operating privilege, or cancellation of a school bus endorsement, by this state or another jurisdiction.
(b) No individual may provide false or incomplete information with respect to any material fact on a background information form specified in sub. (3) (a) 3.
280,6
Section
6. 121.555 (5) of the statutes is created to read:
121.555 (5) No individual may operate a motor vehicle under sub. (1) to transport pupils if the individual is ineligible to do so under sub. (2) (c) and (cm) or under sub. (3) (c).
280,7
Section
7. 121.555 (6) of the statutes is created to read:
121.555 (6) (a) The department shall prepare and make available to school districts, private schools, and contractors providing pupil transportation services informational materials, in printed or electronic form, relating to compliance with this section.
(b) In consultation with persons that employ or contract with individuals to operate motor vehicles under sub. (1), the department shall prescribe a background information form for purposes of sub. (3). The form shall require an individual under sub. (3) (a) to specify whether the individual is listed in the registry under s. 146.40 (4g) (a) 2.
280,8
Section
8. 121.555 (7) of the statutes is created to read:
121.555 (7) Any person that employs or contracts with an individual to operate a motor vehicle under sub. (1) to transport pupils shall maintain all records and furnish all information determined necessary to determine compliance with this section.
280,9
Section
9. 121.555 (8) of the statutes is created to read:
121.555 (8) (a) Any individual who violates sub. (4) (a) or (5) may be required to forfeit not more than $100 for the first offense and not more than $200 for each subsequent offense.
(b) Any individual who violates sub. (4) (b) may be required to forfeit not more than $1,000.
280,10
Section
10
. 343.12 (2) (intro.) of the statutes is amended to read:
343.12 (2) (intro.) The department shall issue or, except as provided in par. (h), renew a school bus endorsement to a person only if such person meets all of the following requirements:
280,11
Section
11. 343.12 (2) (d) of the statutes is repealed.
280,12
Section
12. 343.12 (2) (dm) of the statutes is created to read:
343.12 (2) (dm) Notwithstanding ss. 111.321, 111.322, and 111.335, has been subject to the background investigation specified in sub. (6) (a) and does not have a record of conviction or of adjudication of delinquency or operating privilege revocation that disqualifies the person from issuance or renewal of a school bus endorsement under sub. (7) or rules promulgated by the department under subs. (7) and (8).
280,13
Section
13. 343.12 (2) (e) of the statutes is repealed.
280,14
Section
14. 343.12 (2) (em) of the statutes is created to read:
343.12 (2) (em) Is not, based upon the person's application, listed in the registry under s. 146.40 (4g) (a) 2.
280,15
Section
15. 343.12 (4) (b) of the statutes is amended to read:
343.12 (4) (b) The department may
shall, by rule, establish standards for the employment by an employer of a person under par. (a) 3. as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2) or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.
280,16
Section
16. 343.12 (5) of the statutes is renumbered 343.12 (9).
280,17
Section
17. 343.12 (6) of the statutes is created to read:
343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at anytime within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period of from any other applicable federal or state agency. The department shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the background investigation was completed.
(b) The department may require an applicant for the initial issuance or renewal of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
(c) The department shall require an applicant for an endorsement under this section to specify on the application whether the applicant is listed in the registry under s. 146.40 (4g) (a) 2.
(d) Notwithstanding ss. 111.321, 111.322, and 111.335, 4 years after the initial issuance or renewal of a school bus endorsement, the department of transportation shall obtain from the records maintained by the department of justice a criminal history search of the person to whom the school bus endorsement is issued and, if applicable, take action under s. 343.20 (1) (d) 2.
280,18
Section
18. 343.12 (7) of the statutes is created to read:
343.12 (7) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 2 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
1. Reckless driving under s. 346.62.
2. Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified under s. 343.44 (1) (a), (b), or (d).
3. Second-degree reckless homicide under s. 940.06 if the offense results from the operation of a motor vehicle.
4. Homicide by intoxicated use of a vehicle under s. 940.09 (1).
5. Homicide by negligent operation of a vehicle under s. 940.10.
6. Injury by intoxicated use of a vehicle under s. 940.25 (1).
7. Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under s. 346.63 (2).
8. Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (6).
9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration under s. 346.63 (1).
10. Operating a commercial motor vehicle with a prohibited alcohol concentration under s. 346.63 (5).
11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under s. 346.63 (2m).
12. Failure to stop and render assistance at the scene of a motor vehicle accident under s. 346.67 (1) (c).
13. Fleeing from or attempting to elude a traffic officer under s. 346.04 (3).
14. Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under s. 346.63 (7) (a) if the applicant has been previously convicted of any offense under s. 346.63 (7) (a) or any local ordinance in conformity with s. 346.63 (7) (a) or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of s. 346.63 (7) (a) if the applicant had committed the offense in this state and been convicted of the offense under the laws of this state.
(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within 2 years immediately preceding the date of application, the applicant has had his or her operating privilege revoked under s. 343.305 (10) for refusal to submit to chemical testing or has been convicted in another jurisdiction or had his or her operating privilege in another jurisdiction suspended or revoked under any law of that jurisdiction prohibiting refusal of chemical testing that is comparable to s. 343.305.
(c) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 5 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
1. First-degree intentional homicide under s. 940.01.
2. First-degree reckless homicide under s. 940.02.
3. Felony murder under s. 940.03.
4. Second-degree intentional homicide under s. 940.05.
5. Assisting suicide under s. 940.12.
6. Felony battery under s. 940.19 (2), (3), (4), (5), or (6).
7. Sexual exploitation by a therapist under s. 940.22 (2).
8. Felony sexual assault under s. 940.225 (1), (2), or (3).
9. Abuse of a vulnerable adult under circumstances constituting a felony under s. 940.285 (2).
10. Abuse of a resident of a penal facility under s. 940.29.
11. Abuse or neglect of a patient or resident under circumstances constituting a felony under s. 940.295.
12. Sexual assault of a child under s. 948.02 (1) or (2).
13. Engaging in repeated acts of sexual assault of the same child under s. 948.025.
14. Physical abuse of a child under s. 948.03 (2).
15. Sexual exploitation of a child under s. 948.05.
16. Causing a child to view or listen to sexual activity under s. 948.055.
17. Incest with a child under s. 948.06.
18. Child enticement under s. 948.07.
