Amendment SSA1-SB44

SB44-SSA1, s. 2510 Section 2510. 304.074 (1) of the statutes is repealed.

SB44-SSA1, s. 2511 Section 2511. 304.074 (4) of the statutes is repealed.

SB44-SSA1, s. 2512 Section 2512. 340.01 (7m) of the statutes is amended to read:

SB44-SSA1,938,5 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 31301 to 31317 or by Canada or Mexico, and which authorizes the licensee to operate certain commercial motor vehicles.

SB44-SSA1, s. 2512m Section 2512m. 340.01 (8) (d) of the statutes is amended to read:

SB44-SSA1,938,9 340.01 (8) (d) The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2513 Section 2513. 340.01 (13m) of the statutes is amended to read:

SB44-SSA1,938,14 340.01 (13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating a motor vehicle or while on duty time with respect to a commercial motor vehicle.

SB44-SSA1, s. 2516 Section 2516. 341.25 (1) (a) of the statutes is amended to read:

SB44-SSA1,938,18 341.25 (1) (a) For each automobile, a fee of $45 $55, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB44-SSA1, s. 2518 Section 2518. 342.14 (1) of the statutes is amended to read:

SB44-SSA1,938,21 342.14 (1) For filing an application for the first certificate of title, $8.50 $18.50, by the owner of the vehicle.

SB44-SSA1, s. 2519 Section 2519. 342.14 (1r) of the statutes is amended to read:

SB44-SSA1,939,2 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2003 2005.

SB44-SSA1, s. 2520 Section 2520. 342.14 (3) of the statutes is amended to read:

SB44-SSA1,939,5 342.14 (3) For a certificate of title after a transfer, $8.50 $18.50, by the owner of the vehicle.

SB44-SSA1, s. 2521m Section 2521m. 343.025 (2) of the statutes is amended to read:

SB44-SSA1,939,11 343.025 (2) Beginning in 1991, the department shall annually submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) concerning the numbers of individuals, by counties in this state, to whom the department distributed explanatory materials under ss. 343.14 (8), 343.20 (2m) and 343.50 (4).

SB44-SSA1, s. 2521w Section 2521w. 343.03 (1) (a) of the statutes is amended to read:

SB44-SSA1,939,14 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 31301 to 31317 and 49 CFR 383 and 384.

SB44-SSA1, s. 2522 Section 2522. 343.03 (1) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,939,19 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 30304 (e) and 31301 to 31317 and 49 CFR 383 and 384.

SB44-SSA1, s. 2523 Section 2523. 343.03 (3) (a) of the statutes is amended to read:

SB44-SSA1,940,3 343.03 (3) (a) Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44-SSA1, s. 2524 Section 2524. 343.03 (3) (e) of the statutes is amended to read:

SB44-SSA1,940,13 343.03 (3) (e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". Licenses issued under s. 343.10 authorizing the operation of "Class A", "Class B" or "Class C" vehicles shall be labeled "CDL Occupational". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44-SSA1, s. 2524r Section 2524r. 343.03 (5) (title) of the statutes is amended to read:

SB44-SSA1,940,15 343.03 (5) (title) Inquiries before issuance or renewal.

SB44-SSA1, s. 2525 Section 2525. 343.03 (5) of the statutes is renumbered 343.03 (5) (a) and amended to read:

SB44-SSA1,940,24 343.03 (5) (a) Before issuing a or renewing any 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.

SB44-SSA1, s. 2526 Section 2526. 343.03 (5) (b) of the statutes is created to read:

SB44-SSA1,941,5 343.03 (5) (b) 1. Before issuing or renewing a commercial driver license, the department shall, within the time period specified in 49 CFR 384.232, request from any other jurisdiction that has issued an operator's license or commercial driver license to the person within the previous 10 years the driving record of the person as required under 49 CFR 384.206 (a) (2) (ii).

SB44-SSA1,941,11 2. Subdivision 1. does not apply to a renewal of a person's commercial driver license if the department has previously issued or renewed a commercial driver license after the effective date of this subdivision .... [revisor inserts date], and, in connection with the previous issuance or renewal, the department recorded on the person's driving record under s. 343.23 (2) (a) the date on which the operator's record check under subd. 1. was performed.

SB44-SSA1, s. 2527 Section 2527. 343.03 (6) of the statutes is renumbered 343.03 (6) (a).

SB44-SSA1, s. 2528 Section 2528. 343.03 (6) (b) of the statutes is created to read:

SB44-SSA1,941,17 343.03 (6) (b) The department shall, upon request and within 30 days of the request, provide to the driver licensing agencies of other jurisdictions the driving record of any person currently or previously licensed by the department, as required under 49 CFR 384.206 (a) (2) (iii).

SB44-SSA1, s. 2529 Section 2529. 343.03 (6) (c) of the statutes is created to read:

SB44-SSA1,941,22 343.03 (6) (c) The department shall, upon request and within the time period specified in s. 343.23 (2) (am) 1. b. and c., provide the operating record file information specified in s. 343.23 (2) (am) 1. b. and c. to any of the following requesters:

SB44-SSA1,941,23 1. The person holding the commercial driver license.

SB44-SSA1,941,24 2. The U.S. secretary of transportation.

SB44-SSA1,942,2 3. Any employer or prospective employer of the person holding the commercial driver license, after notice to such person.

SB44-SSA1,942,4 4. Any driver licensing agency of another jurisdiction or law enforcement agency.

SB44-SSA1,942,6 5. Any governmental entity having access to the commercial driver license information system.

SB44-SSA1,942,7 6. Any authorized agent of a requester specified in subds. 1. to 5.

SB44-SSA1, s. 2530 Section 2530. 343.03 (7) (title) of the statutes is amended to read:

SB44-SSA1,942,10 343.03 (7) (title) Notification of commercial driver license issuance and certain violations.

SB44-SSA1, s. 2531 Section 2531. 343.03 (7) of the statutes is renumbered 343.03 (7) (a).

SB44-SSA1, s. 2532 Section 2532. 343.03 (7) (b) of the statutes is created to read:

SB44-SSA1,942,20 343.03 (7) (b) Within 10 days after the disqualification of the holder of a commercial driver license from operating a commercial motor vehicle for at least 60 days, or after the revocation, suspension, or cancellation of a commercial driver license for at least 60 days, the department shall notify the commercial driver license information system and, if the license was not issued by the department, the jurisdiction that issued the license of the disqualification, revocation, suspension, or cancellation and the violation that resulted in the disqualification, revocation, suspension, or cancellation.

SB44-SSA1, s. 2533 Section 2533. 343.03 (7) (c) of the statutes is created to read:

SB44-SSA1,943,5 343.03 (7) (c) Within 30 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.

SB44-SSA1, s. 2534 Section 2534. 343.03 (7) (c) of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,943,16 343.03 (7) (c) Within 30 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.

SB44-SSA1, s. 2534g Section 2534g. 343.04 (1) (c) 2. of the statutes is amended to read:

SB44-SSA1,943,20 343.04 (1) (c) 2. The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2534i Section 2534i. 343.04 (2) (a) of the statutes is amended to read:

SB44-SSA1,943,25 343.04 (2) (a) Hazardous materials transporter. Hazardous materials transporter vehicles are vehicles transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2534k Section 2534k. 343.055 (3) of the statutes is amended to read:

SB44-SSA1,944,9 343.055 (3) Vehicles transporting hazardous materials, carrying passengers or towing double or triple trailers not waived. Nothing in this section authorizes the operation of a combination vehicle with double or triple trailers, a vehicle transporting hazardous materials requiring placarding except as provided in sub. (1) (c), a vehicle transporting any quantity of a material listed as a select agent or toxin under 42 CFR 73, or a vehicle carrying or designed to transport the driver and 15 or more persons, by a person who does not hold a valid operator's license properly endorsed to permit such operation.

SB44-SSA1, s. 2535 Section 2535. 343.06 (2) of the statutes is amended to read:

SB44-SSA1,944,18 343.06 (2) 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, or to any person whose operating privilege is revoked, suspended, or canceled. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315.

SB44-SSA1, s. 2536g Section 2536g. 343.07 (1m) (d) of the statutes is created to read:

SB44-SSA1,944,23 343.07 (1m) (d) No person holding an instruction permit issued under this subsection may operate a vehicle transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2537 Section 2537. 343.10 (1) (b) of the statutes is amended to read:

SB44-SSA1,945,11 343.10 (1) (b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of sub. (5). The applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under s. 343.315.

SB44-SSA1, s. 2538 Section 2538. 343.10 (1) (d) of the statutes is repealed.

SB44-SSA1, s. 2539 Section 2539. 343.10 (1) (e) of the statutes is repealed.

SB44-SSA1, s. 2540 Section 2540. 343.10 (1) (f) of the statutes is repealed.

SB44-SSA1, s. 2541 Section 2541. 343.10 (2) (c) of the statutes is amended to read:

SB44-SSA1,945,18 343.10 (2) (c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person during a period of disqualification under s. 343.315.

SB44-SSA1, s. 2542 Section 2542. 343.10 (7) (e) of the statutes is amended to read:

SB44-SSA1,946,5 343.10 (7) (e) The occupational license issued by the department shall contain the restrictions required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.

SB44-SSA1, s. 2543 Section 2543. 343.10 (7) (g) of the statutes is repealed.

SB44-SSA1, s. 2544 Section 2544. 343.12 (2) (intro.) of the statutes is amended to read:

SB44-SSA1,946,10 343.12 (2) (intro.) The Except as provided in sub. (2m), the department shall issue a school bus endorsement to a person only if such person meets all of the following requirements:

SB44-SSA1, s. 2545 Section 2545. 343.12 (2m) of the statutes is created to read:

SB44-SSA1,946,15 343.12 (2m) The department shall issue a school bus endorsement to a person, authorizing operation of a school bus that is a commercial motor vehicle, only if such person meets all of the requirements specified in sub. (2) and, in addition, meets all of the following requirements:

SB44-SSA1,946,16 (a) Has been or is at the same time issued a valid commercial driver license.

SB44-SSA1,946,18 (b) Qualifies for the endorsement under s. 343.17 (3) (d) 3., including passing the knowledge and driving skills tests required for obtaining such an endorsement.

SB44-SSA1,946,20 (c) Passes a knowledge test in compliance with the requirements of 49 CFR 383.123 (a) (2).

SB44-SSA1,946,24 (d) Passes a driving skills test in compliance with the requirements of 49 CFR 383.123 (a) (3). If the test specified under sub. (2) (h) and s. 343.16 (1) meets the requirements of 49 CFR 383.123 (a) (3), no additional driving skills test is required under this paragraph.

SB44-SSA1, s. 2546 Section 2546. 343.12 (3) of the statutes is amended to read:

SB44-SSA1,947,12 343.12 (3) The Notwithstanding sub. (2) (a) and (g), the department may issue a school bus endorsement under sub. (2) to a person who is more than 70 years of age if the person meets the requirements specified in sub. (2) (c) to (f) and (h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g). Notwithstanding sub. (2) (a) and (g), the department may issue a school bus endorsement under sub. (2m) to a person who is more than 70 years of age if the person meets the requirements specified in subs. (2) (c) to (f) and (h) and (2m) (a) to (d) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g).

SB44-SSA1, s. 2547t Section 2547t. 343.12 (4) (a) (intro.) and 1. of the statutes are consolidated, renumbered 343.12 (4) (a) and amended to read:

SB44-SSA1,947,22 343.12 (4) (a) Notwithstanding sub. (1), a person may operate a school bus in this state if one or more of the following requirements are met: 1. The the person is a nonresident holding a valid commercial driver license with a "P" passenger an "S" endorsement and the school bus is a commercial motor vehicle or, if the school bus is not a commercial motor vehicle, the person is a resident of Iowa, Illinois, Michigan, or Minnesota holding a valid operator's license and any additional endorsements required by the person's home jurisdiction for the operation of a school bus and the origin or destination of the trip is in another state.

SB44-SSA1, s. 2549 Section 2549. 343.12 (4) (a) 2. of the statutes is repealed.

SB44-SSA1, s. 2550d Section 2550d. 343.12 (4) (a) 3. of the statutes is repealed.

SB44-SSA1, s. 2551 Section 2551. 343.12 (4) (b) of the statutes is amended to read:

SB44-SSA1,948,5 343.12 (4) (b) The department may, 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, (2m), or (3) and any rules of the department applicable to residents.