SB44-SSA1,955,520
343.20
(1) (a) Except as otherwise expressly provided in this chapter,
21reinstated licenses, probationary licenses issued under s. 343.085 and original
22licenses other than instruction permits shall expire 2 years from the date of the
23applicant's next birthday.
All Subject to s. 343.125 (3), all other licenses and license
24endorsements shall expire 8 years after the date of issuance. The department may
25institute any system of initial license issuance which it deems advisable for the
1purpose of gaining a uniform rate of renewals. In order to put such a system into
2operation, the department may issue licenses which are valid for any period less than
3the ordinary effective period of such license. If the department issues a license that
4is valid for less than the ordinary effective period as authorized by this paragraph,
5the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.
SB44-SSA1, s. 2554g
6Section 2554g. 343.20 (2) of the statutes is renumbered 343.20 (2) (a) and
7amended to read:
SB44-SSA1,955,108
343.20
(2) (a) The department shall mail to the last-known address of a
9licensee at least 30 days prior to the expiration of the license a notice of the date upon
10which
such the license must be renewed.
SB44-SSA1,955,13
11(c) Failure to receive notice to renew
such a license
or endorsement shall not
12be a defense to a charge of operating a motor vehicle without a valid operator's license
13or endorsement.
SB44-SSA1,955,2315
343.20
(2) (b) Notwithstanding par. (a), at least 180 days prior to the expiration
16of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of
17transportation shall mail a notice to the last-known address of the licensee that the
18licensee is required to pass a security threat assessment screening by the federal
19transportation security administration of the federal department of homeland
20security as part of the application to renew the endorsement. The notice shall inform
21the licensee that the licensee may commence the federal security threat assessment
22screening at any time, but no later than 90 days before expiration of the
23endorsement.
SB44-SSA1,956,7
1343.20
(2m) The department shall include with the notice that it mails under
2sub. (2) information regarding the requirements of s. 347.48 (4)
; and information, as
3developed by all organ procurement organizations in cooperation with the
4department, that promotes anatomical donations and which relates to the
5anatomical donation opportunity available under s. 343.175
; and, for licensees aged
665 years or older, material, as provided by the department, explaining the voluntary
7program that is specified in s. 71.55 (10) (b).
SB44-SSA1,956,129
343.22
(2) (b) In lieu of applying for a duplicate license or identification card,
10notify the department in writing of his or her change of address. This paragraph does
11not apply to persons issued a commercial driver license
or a license labeled
12"CDL-Occupational" as described in s. 343.03 (3) (b) and (e).
SB44-SSA1,956,1714
343.23
(1) (intro.) The department shall maintain a record of every application
15for license, permit
, or endorsement received by it and of every suspension, revocation
16and, cancellation
, and disqualification by the department and shall maintain
17suitable indexes containing:
SB44-SSA1,956,2119
343.23
(1) (c) The name of every person whose license or operating privilege has
20been suspended, revoked
, or canceled
, or who is disqualified, by the department and
21note thereon the reason for such action.
SB44-SSA1, s. 2555x
22Section 2555x. 343.23 (2) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,957,823
343.23
(2) (a) (intro.) The department shall maintain a file for each licensee or
24other person containing the application for license, permit or endorsement, a record
25of reports or abstract of convictions,
any notice received from the federal
1transportation security administration concerning the person's eligibility for an "H"
2endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization
3to operate different vehicle groups, a record of any out-of-service orders issued
4under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which
5the person has been involved, including specification of any type of license and
6endorsements issued under this chapter under which the person was operating at
7the time of the accident and an indication whether or not the accident occurred in the
8course of any of the following:
SB44-SSA1,957,1010
343.23
(2) (am) 1. The file specified in par. (a) shall include the following:
SB44-SSA1,957,1711
a. For a person holding a commercial driver license issued by the department,
12a record of any disqualification by another jurisdiction of the person from operating
13a commercial motor vehicle for at least 60 days or of the revocation, suspension, or
14cancellation by another jurisdiction of the person's commercial driver license for at
15least 60 days, and the violation that resulted in the disqualification, revocation,
16suspension, or cancellation, as specified in any notice received from the other
17jurisdiction.
SB44-SSA1,957,2418
b. For a person holding a commercial driver license issued by the department,
19a record of any violation in another jurisdiction of any law of that jurisdiction,
20including any local law of that jurisdiction, or of any law of a federally recognized
21American Indian tribe or band in that jurisdiction, in conformity with any law of this
22state relating to motor vehicle traffic control, other than a parking violation, as
23specified in any notice received from that jurisdiction. The department shall record
24this information within 10 days after receipt of the notice.
SB44-SSA1,958,7
1c. For a person holding a commercial driver license issued by this state or
2another jurisdiction, a record of each violation, while operating any motor vehicle,
3of any state law or local ordinance of this state or any law of a federally recognized
4American Indian tribe or band in this state in conformity with any law of this state
5relating to motor vehicle traffic control, other than a parking violation. The
6department shall record the information under this subdivision within 10 days after
7the date of conviction.
SB44-SSA1,958,158
2. In maintaining the department's file specified in subd. 1. and par. (a), the
9department may not conceal, withhold, or mask from the department's file, or
10otherwise allow in any way a person to avoid the department's recording in the
11department's file of, any information required to be recorded in the department's file
12under
49 CFR 384.225 and
384.226, regardless of whether the person has obtained
13deferral of imposition of judgment, been allowed to enter a diversion program, or
14otherwise obtained delayed or suspended judgment or alternative sentencing from
15a court.
SB44-SSA1,959,917
343.23
(2) (b) The information specified in
par. pars. (a)
and (am) must be filed
18by the department so that the complete operator's record is available for the use of
19the secretary in determining whether operating privileges of such person shall be
20suspended, revoked, canceled, or withheld
, or the person disqualified, in the interest
21of public safety. The record of suspensions, revocations, and convictions that would
22be counted under s. 343.307 (2) shall be maintained permanently. The record of
23convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
24at least 10 years. The record of convictions for disqualifying offenses under s.
25343.315 (2) (f) and (j)
, and all records specified in par. (am), shall be maintained for
1at least 3 years. The record of convictions for disqualifying offenses under s. 343.315
2(2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee
3transfers residency to another state such record may be transferred to another state
4of licensure of the licensee if that state accepts responsibility for maintaining a
5permanent record of convictions for disqualifying offenses. Such reports and records
6may be cumulative beyond the period for which a license is granted, but the secretary,
7in exercising the power of suspension granted under s. 343.32 (2) may consider only
8those reports and records entered during the 4-year period immediately preceding
9the exercise of such power of suspension.
SB44-SSA1,959,2211
343.245
(2) (a) 1. `To state.' A person, after applying for or receiving a
12commercial driver license issued by this state, who is convicted of violating in a motor
13vehicle any law of this state or local ordinance adopted in conformity therewith or
14a law enacted by a federally recognized American Indian tribe or band in this state
15which is in conformity with any law of this state, or the law of another jurisdiction,
16relating to motor vehicle traffic control, other than parking violations, shall notify
17the department of the conviction in the manner specified by the department within
1830 days after the date of conviction.
Notwithstanding any other provision of law, a
19person who holds an "H" endorsement specified in s. 343.17 (3) (d) 1m. shall notify
20the department within 24 hours if the person is convicted, or found not guilty by
21reason of insanity, of any disqualifying felony criminal offense described in s. 343.14
22(2g) (a) 1., or adjudicated as a mental defective or committed to a mental institution.
SB44-SSA1,960,924
343.265
(1r) Notwithstanding sub. (1), the department shall accept the
25voluntary surrender of an "H" endorsement specified in s. 343.17 (3) (d) 1m. Upon
1accepting the surrender, the department shall immediately cancel the endorsement
2if the licensee is not eligible for the endorsement. Following cancellation under this
3subsection, the department shall take the actions required in s. 343.125 (4) (a) and
4(b). Upon accepting the surrender from a person to whom the department would not
5be prohibited from issuing an "H" endorsement, the department may remove that
6endorsement from the licensee's commercial driver license as a temporary surrender.
7The department may not issue an "H" endorsement to any person whose "H"
8endorsement is removed as a temporary surrender under this subsection unless the
9person applies for initial issuance of an "H" endorsement.
SB44-SSA1,960,2311
343.28
(1) Whenever a person is convicted of a moving traffic violation under
12chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
13in which the conviction occurred, or the justice, judge or magistrate of a court not
14having a clerk, shall, as provided in s. 345.48, forward to the department the record
15of such conviction. The record of conviction forwarded to the department shall state
16whether the offender was involved in an accident at the time of the offense, whether
17the offender was operating a commercial motor vehicle at the time of the offense and,
18if so, whether the offender was transporting hazardous materials requiring
19placarding
or any quantity of a material listed as a select agent or toxin under 42 CFR
2073, or
was operating a vehicle designed to carry, or actually carrying, 16 or more
21passengers, including the driver. Whenever a person is convicted of exceeding a
22posted speed limit, the record of conviction forwarded to the department shall
23include the number of miles per hour in excess of the posted speed limit.
SB44-SSA1,961,12
1343.28
(2) Whenever a person is convicted of any offense for which s. 343.31
2makes mandatory the revocation by the secretary of such person's operating
3privilege, the court in which the conviction occurred shall require the surrender to
4it of any license then held by such person. The clerk of the court, or the justice, judge
5or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the
6department the record of conviction and any surrendered licenses. The record of
7conviction forwarded to the department shall state whether the offender was
8involved in an accident at the time of the offense, whether the offender was operating
9a commercial motor vehicle at the time of the offense and, if so, whether the offender
10was transporting hazardous materials requiring placarding
or any quantity of a
11material listed as a select agent or toxin under 42 CFR 73, or
was operating a vehicle
12designed to carry, or actually carrying, 16 or more passengers, including the driver.
SB44-SSA1,961,1614
343.307
(2) (d) Convictions under the law of another jurisdiction that is in
15substantial conformity with
49 CFR 383.51 (b)
(2) (i) or (ii) or both Table 1, items (1)
16to (4).
SB44-SSA1, s. 2562
17Section
2562. 343.315 (2) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,961,2218
343.315
(2) (a) (intro.) Except as provided in par. (b), a person shall be
19disqualified from operating a commercial motor vehicle for a one-year period upon
20a first conviction of any of the following offenses, committed on or after July 1, 1987,
21while driving or operating a commercial motor vehicle
or committed on or after
22September 30, 2005, while driving or operating any motor vehicle:
SB44-SSA1,962,224
343.315
(2) (a) 7. Operating a commercial motor vehicle when the person's
25commercial driver license is revoked, suspended, or canceled based on the person's
1operation of a commercial motor vehicle or when the person is disqualified from
2operating a commercial motor vehicle.
SB44-SSA1,962,54
343.315
(2) (a) 8. Causing a fatality through negligent or criminal operation
5of a commercial motor vehicle.
SB44-SSA1,962,117
343.315
(2) (b) If any of the violations listed in par. (a) occurred in the course
8of transporting hazardous materials requiring placarding
or any quantity of a
9material listed as a select agent or toxin under 42 CFR 73 on or after July 1, 1987,
10the person shall be disqualified from operating a commercial motor vehicle for a
113-year period.
SB44-SSA1,962,2013
343.315
(2) (e) A person is disqualified for life from operating a commercial
14motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987,
15or uses any motor vehicle on or after September 30, 2005, in the commission of a
16felony involving the manufacture, distribution, delivery or dispensing of a controlled
17substance or controlled substance analog, or possession with intent to manufacture,
18distribute, deliver or dispense a controlled substance or controlled substance analog.
19No person who is disqualified under this paragraph is eligible for reinstatement
20under par. (d).
SB44-SSA1, s. 2566
21Section
2566. 343.315 (2) (f) (intro.) of the statutes is amended to read:
SB44-SSA1,963,822
343.315
(2) (f) (intro.) A person is disqualified for a period of 60 days from
23operating a commercial motor vehicle if convicted of 2 serious traffic violations, and
24120 days if convicted of 3 serious traffic violations, arising from separate occurrences
25committed within a 3-year period while driving or operating a commercial motor
1vehicle
or while driving or operating any motor vehicle if the person holds a
2commercial driver license. The 120-day period of disqualification under this
3paragraph shall be in addition to any other period of disqualification imposed under
4this paragraph. In this paragraph, "serious traffic violations" means
any of the
5following offenses committed while operating a commercial motor vehicle, or any of
6the following offenses committed while operating any motor vehicle if the offense
7results in the revocation, cancellation, or suspension of the person's operator's
8license or operating privilege:
SB44-SSA1,963,1410
343.315
(2) (f) 2. Violating any state or local law of this state or any law of a
11federally recognized American Indian tribe or band in this state in conformity with
12any state law or any law of another jurisdiction relating to motor vehicle traffic
13control, arising in connection with a fatal accident, other than parking, vehicle
14weight or vehicle defect violations
, or violations described in par. (a) 8.
SB44-SSA1,963,1716
343.315
(2) (f) 6. Operating a commercial motor vehicle when the person has
17not obtained a commercial driver license.
SB44-SSA1,964,219
343.315
(2) (f) 7. Operating a commercial motor vehicle when the person does
20not have in his or her immediate possession the person's commercial driver license
21document, including any special restrictions cards issued under s. 343.10 (7) (d) or
22343.17 (4), unless the person produces in court or in the office of the law enforcement
23officer that issued the citation, by the date that the person must appear in court or
24pay any fine or forfeiture with respect to the citation, a commercial driver license
1document issued to the person prior to the date of the citation and valid at the time
2of the citation.
SB44-SSA1,964,64
343.315
(2) (f) 8. Operating a commercial motor vehicle without the proper
5class of commercial driver license or endorsements for the specific vehicle group
6being operated or for the passengers or type of cargo being transported.
SB44-SSA1,964,168
343.315
(2) (h) Except as provided in par. (i), a person is disqualified for a period
9of 90 days from operating a commercial motor vehicle if convicted of an
10out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3
11years if convicted of 3 or more out-of-service violations, arising from separate
12occurrences committed within a 10-year period while driving or operating a
13commercial motor vehicle. A disqualification under this paragraph shall be in
14addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service
15violation" means violating s. 343.44 (1)
(c) by operating a commercial motor vehicle
16while
the operator or vehicle is ordered out-of-service under state or federal law.
SB44-SSA1,965,218
343.315
(2) (i) If the violation listed in par. (h) occurred in the course of
19transporting hazardous materials requiring placarding
or any quantity of a material
20listed as a select agent or toxin under 42 CR 73, or while operating a vehicle designed
21to carry, or actually carrying, 16 or more passengers, including the driver, the person
22shall be disqualified from operating a commercial motor vehicle for 180 days upon
23a first conviction, or for a 3-year period for a 2nd or subsequent conviction, arising
24from separate occurrences committed within a 10-year period while driving or
1operating a commercial motor vehicle. A disqualification under this paragraph shall
2be in addition to any penalty imposed under s. 343.44.
SB44-SSA1,965,94
343.315
(2) (k) A person disqualified by federal authorities under
49 USC
531310 (f) and
49 CFR 383.52 on the basis that the person's continued operation of a
6commercial motor vehicle would create an imminent hazard, as defined in
49 USC
75102 and
49 CFR 383.5, is disqualified from operating a commercial motor vehicle
8for the period of disqualification determined by the federal authority upon receipt by
9the department of the notice of disqualification provided for in
49 CFR 383.52 (d).
SB44-SSA1,965,1311
343.44
(1) (c)
Operating while ordered out-of-service. No person may operate
12a commercial motor vehicle while
the person or the commercial motor vehicle is 13ordered out-of-service under state or federal law.
SB44-SSA1,965,2115
343.44
(1) (d)
Operating while disqualified. No person may operate a
16commercial motor vehicle while disqualified under s. 343.315 or
49 CFR 383.51,
17under the law of another jurisdiction or Mexico that provides for disqualification of
18commercial drivers in a manner similar to
49 CFR 383.51, or under a determination
19by the federal
highway motor carrier safety administration under the federal rules
20of practice for motor carrier safety contained in
49 CFR 386 that the person is no
21longer qualified to operate a vehicle under
49 CFR 391.
SB44-SSA1, s. 2573
22Section
2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:
SB44-SSA1,966,223
343.44
(2) (b) (intro.) Except as provided in par. (am), any person who violates
24sub. (1) (b)
, (c) or (d) shall be fined not more than $2,500 or imprisoned for not more
25than one year in the county jail or both. In imposing a sentence under this
1paragraph, or a local ordinance in conformity with this paragraph, the court shall
2review the record and consider the following:
SB44-SSA1,966,74
343.44
(2) (bm) Any person who violates sub. (1) (c) shall be fined not less than
5$1,100 nor more than $2,750 or imprisoned for not more than one year in the county
6jail or both. In imposing a sentence under this paragraph, the court shall review the
7record and consider the factors specified in par. (b) 1. to 5.
SB44-SSA1,966,189
343.50
(4) Application. The application for an identification card shall include
10any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and
11(em),
and such further information as the department may reasonably require to
12enable it to determine whether the applicant is entitled by law to an identification
13card
, and, for applicants who are aged 65 years or older, material, as provided by the
14department, explaining the voluntary program that is specified in s. 71.55 (10) (b).
15The department shall, as part of the application process, take a photograph of the
16applicant to comply with sub. (3). No application may be processed without the
17photograph being taken. Misrepresentations in violation of s. 343.14 (5) are
18punishable as provided in s. 343.14 (9).
SB44-SSA1,966,2420
344.185
(2) (e) 2. All other proceeds of the sale remaining after the payments
21under subd. 1. shall be retained by the secretary
of transportation and applied as
22security for payment of judgments and assignments as provided under s. 344.20 (2).
23Any amounts not used to pay judgments or assignments shall be transmitted to the
24state treasurer secretary of administration for deposit in the school fund.
SB44-SSA1,967,14
1345.08 Suit to recover protested tax or fee. No suit shall be maintained
2in any court to restrain or delay the collection or payment of the taxes levied or the
3fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax
4or fee as and when due and, if paid under protest, may at any time within 90 days
5from the date of such payment sue the state in an action at law to recover the tax or
6fee so paid. If it is finally determined that such tax or fee or any part thereof was
7wrongfully collected for any reason, the
department
secretary of administration
8shall
issue a warrant on the state treasurer for
pay from the transportation fund the
9amount of such tax or fee so adjudged to have been wrongfully collected
and the state
10treasurer shall pay the same out of the transportation fund. A separate suit need not
11be filed for each separate payment made by any taxpayer, but a recovery may be had
12in one suit for as many payments as were made within the 90-day period preceding
13the commencement of the action. Such suits shall be commenced as provided in s.
14775.01.
SB44-SSA1,967,1816
345.11
(2m) (b) Whether the vehicle was transporting hazardous materials
17requiring placarding
or any quantity of a material listed as a select agent or toxin
18under 42 CFR 73.
SB44-SSA1,968,220
346.177
(3) If any deposit is made for an offense to which this section applies,
21the person making the deposit shall also deposit a sufficient amount to include the
22railroad crossing improvement assessment under this section. If the deposit is
23forfeited, the amount of the railroad crossing improvement assessment shall be
24transmitted to the
state treasurer secretary of administration under sub. (4). If the
1deposit is returned, the amount of the railroad crossing improvement assessment
2shall also be returned.
SB44-SSA1,968,94
346.177
(4) The clerk of the circuit court shall collect and transmit to the county
5treasurer the railroad crossing improvement assessment as required under s. 59.40
6(2) (m). The county treasurer shall then pay the
state treasurer secretary of
7administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
8administration shall deposit all amounts received under this subsection in the
9transportation fund to be appropriated under s. 20.395 (2) (gj).
SB44-SSA1,968,1711
346.495
(3) If any deposit is made for an offense to which this section applies,
12the person making the deposit shall also deposit a sufficient amount to include the
13railroad crossing improvement assessment under this section. If the deposit is
14forfeited, the amount of the railroad crossing improvement assessment shall be
15transmitted to the
state treasurer secretary of administration under sub. (4). If the
16deposit is returned, the amount of the railroad crossing improvement assessment
17shall also be returned.
SB44-SSA1,968,2419
346.495
(4) The clerk of the circuit court shall collect and transmit to the county
20treasurer the railroad crossing improvement assessment as required under s. 59.40
21(2) (m). The county treasurer shall then pay the
state treasurer secretary of
22administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
23administration shall deposit all amounts received under this subsection in the
24transportation fund to be appropriated under s. 20.395 (2) (gj).
SB44-SSA1,969,7
1346.65
(4r) (c) If any deposit is made for an offense to which this subsection
2applies, the person making the deposit shall also deposit a sufficient amount to
3include the railroad crossing improvement assessment under this subsection. If the
4deposit is forfeited, the amount of the railroad crossing improvement assessment
5shall be transmitted to the
state treasurer secretary of administration under par. (d).
6If the deposit is returned, the amount of the railroad crossing improvement
7assessment shall also be returned.
SB44-SSA1,969,149
346.65
(4r) (d) The clerk of the circuit court shall collect and transmit to the
10county treasurer the railroad crossing improvement assessment as required under
11s. 59.40 (2) (m). The county treasurer shall then pay the
state treasurer secretary
12of administration as provided in s. 59.25 (3) (f) 2. The
state treasurer secretary of
13administration shall deposit all amounts received under this paragraph in the
14transportation fund to be appropriated under s. 20.395 (2) (gj).