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, s. 2558 13Section 2558. 343.307 (2) (d) of the statutes is amended to read:
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, s. 2563 23Section 2563. 343.315 (2) (a) 7. of the statutes is created to read:
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, s. 2564 3Section 2564. 343.315 (2) (a) 8. of the statutes is created to read:
SB44-SSA1,962,54 343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation
5of a commercial motor vehicle.
SB44-SSA1, s. 2564m 6Section 2564m. 343.315 (2) (b) of the statutes is amended to read:
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, s. 2565 12Section 2565. 343.315 (2) (e) of the statutes is amended to read:
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, s. 2567 9Section 2567. 343.315 (2) (f) 2. of the statutes is amended to read:
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, s. 2568 15Section 2568. 343.315 (2) (f) 6. of the statutes is created to read:
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, s. 2569 18Section 2569. 343.315 (2) (f) 7. of the statutes is created to read:
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, s. 2570 3Section 2570. 343.315 (2) (f) 8. of the statutes is created to read:
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, s. 2570g 7Section 2570g. 343.315 (2) (h) of the statutes is amended to read:
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, s. 2570m 17Section 2570m. 343.315 (2) (i) of the statutes is amended to read:
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, s. 2571 3Section 2571. 343.315 (2) (k) of the statutes is created to read:
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, s. 2571y 10Section 2571y. 343.44 (1) (c) of the statutes is amended to read:
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, s. 2572 14Section 2572. 343.44 (1) (d) of the statutes is amended to read:
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, s. 2574 3Section 2574. 343.44 (2) (bm) of the statutes is created to read:
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, s. 2574h 8Section 2574h. 343.50 (4) of the statutes is amended to read:
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, s. 2575 19Section 2575. 344.185 (2) (e) 2. of the statutes is amended to read:
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, s. 2579 25Section 2579. 345.08 of the statutes is amended to read:
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, s. 2579m 15Section 2579m. 345.11 (2m) (b) of the statutes is amended to read:
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, s. 2580 19Section 2580. 346.177 (3) of the statutes is amended to read:
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, s. 2581 3Section 2581. 346.177 (4) of the statutes is amended to read:
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, s. 2583 10Section 2583. 346.495 (3) of the statutes is amended to read:
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, s. 2584 18Section 2584. 346.495 (4) of the statutes is amended to read:
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, s. 2588 25Section 2588. 346.65 (4r) (c) of the statutes is amended to read:
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, s. 2589 8Section 2589. 346.65 (4r) (d) of the statutes is amended to read:
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).
SB44-SSA1, s. 2590 15Section 2590. 346.655 (2) (a) of the statutes is amended to read:
SB44-SSA1,969,1916 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and
17transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
18(2) (m). The county treasurer shall then make payment of 38.5% of the amount to
19the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
SB44-SSA1, s. 2591 20Section 2591. 346.655 (2) (b) of the statutes is amended to read:
SB44-SSA1,970,221 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall
22transmit the amount to the treasurer of the county, city, town, or village, and that
23treasurer shall make payment of 38.5% of the amount to the state treasurer
24secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the

1city, town, or village shall transmit the remaining 61.5% of the amount to the
2treasurer of the county.
SB44-SSA1, s. 2592 3Section 2592. 346.655 (3) of the statutes is amended to read:
SB44-SSA1,970,94 346.655 (3) All moneys collected from the driver improvement surcharge that
5are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts
6that the county treasurer is required to transmit to the state treasurer secretary of
7administration
under sub. (2) (a) or (b), shall be retained by the county treasurer and
8disbursed to the county department under s. 51.42 for services under s. 51.42 for
9drivers referred through assessment.
SB44-SSA1, s. 2594 10Section 2594. 348.25 (8) (a) 1. of the statutes is amended to read:
SB44-SSA1,970,1411 348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length
12limitations, $15, except that if the application for a permit for a vehicle described in
13this subdivision is submitted to the department after December 31, 1999, and before
14July 1, 2003 2005, the fee is $17.
SB44-SSA1, s. 2595 15Section 2595. 348.25 (8) (a) 2. of the statutes is amended to read:
SB44-SSA1,970,1916 348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either
17width limitations or height limitations, $20, except that if the application for a
18permit for a vehicle described in this subdivision is submitted to the department
19after December 31, 1999, and before July 1, 2003 2005, the fee is $22.
SB44-SSA1, s. 2596 20Section 2596. 348.25 (8) (a) 2m. of the statutes is amended to read:
SB44-SSA1,970,2421 348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both
22width and height limitations, $25, except that if the application for a permit for a
23vehicle described in this subdivision is submitted to the department after
24December 31, 1999, and before July 1, 2003 2005, the fee is $28.
SB44-SSA1, s. 2597 25Section 2597. 348.25 (8) (b) 1. of the statutes is amended to read:
SB44-SSA1,971,4
1348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length
2limitations, $60, except that if the application for a permit for a vehicle described in
3this subdivision is submitted to the department after December 31, 1999, and before
4July 1, 2003 2005, the fee is $66.
SB44-SSA1, s. 2598 5Section 2598. 348.25 (8) (b) 2. of the statutes is amended to read:
SB44-SSA1,971,96 348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width
7limitations or height limitations or both, $90, except that if the application for a
8permit for a vehicle described in this subdivision is submitted to the department
9after December 31, 1999, and before July 1, 2003 2005, the fee is $99.
SB44-SSA1, s. 2599 10Section 2599. 348.25 (8) (b) 3. a. of the statutes is amended to read:
SB44-SSA1,971,1411 348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that
12if the application for a permit for a vehicle described in this subd. 3. a. is submitted
13to the department after December 31, 1999, and before July 1, 2003 2005, the fee is
14$220.
SB44-SSA1, s. 2600 15Section 2600. 348.25 (8) (b) 3. b. of the statutes is amended to read:
SB44-SSA1,971,1916 348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more
17than 100,000 pounds, $350, except that if the application for a permit for a vehicle
18described in this subd. 3. b. is submitted to the department after December 31, 1999,
19and before July 1, 2003 2005, the fee is $385.
SB44-SSA1, s. 2601 20Section 2601. 348.25 (8) (b) 3. c. of the statutes is amended to read:
SB44-SSA1,972,221 348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus
22$100 for each 10,000-pound increment or fraction thereof by which the gross weight
23exceeds 100,000 pounds, except that if the application for a permit for a vehicle
24described in this subd. 3. c. is submitted to the department after December 31, 1999,

1and before July 1, 2003 2005, the fee is $385 plus $110 for each 10,000-pound
2increment or fraction thereof by which the gross weight exceeds 100,000 pounds.
SB44-SSA1, s. 2602 3Section 2602. 348.25 (8) (bm) 1. of the statutes is amended to read:
SB44-SSA1,972,84 348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a
5consecutive month permit is one-twelfth of the fee under par. (b) for an annual
6permit times the number of months for which the permit is desired, plus $15 for each
7permit issued. This subdivision does not apply to applications for permits submitted
8after December 31, 1999, and before July 1, 2003 2005.
SB44-SSA1, s. 2603 9Section 2603. 348.25 (8) (bm) 2. of the statutes is amended to read:
SB44-SSA1,972,1510 348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a
11consecutive month permit is one-twelfth of the fee under par. (b) for an annual
12permit times the number of months for which the permit is desired, plus $16.50 for
13each permit issued, rounded to the nearest whole dollar. This subdivision does not
14apply to applications submitted before January 1, 2000, or submitted after
15June 30, 2003 2005.
SB44-SSA1, s. 2604 16Section 2604. 348.25 (8) (e) of the statutes is amended to read:
SB44-SSA1,972,2317 348.25 (8) (e) The officer or agency authorized to issue a permit under s. 348.26
18or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the
19cost of any special investigation undertaken to determine whether a permit should
20be approved or denied and to pay an additional fee of $5 established by the
21department by rule
per permit if a department telephone call-in procedure or
22Internet procedure
is used. The fee shall approximate the cost to the department for
23providing this service to persons so requesting.
SB44-SSA1, s. 2605 24Section 2605. 349.04 (3) of the statutes is amended to read:
SB44-SSA1,973,6
1349.04 (3) If any deposit is made for an offense to which this section applies,
2the person making the deposit shall also deposit a sufficient amount to include the
3truck driver education assessment under this section. If the deposit is forfeited, the
4amount of the truck driver education assessment shall be transmitted to the state
5treasurer
secretary of administration under sub. (4). If the deposit is returned, the
6amount of the truck driver education assessment shall also be returned.
SB44-SSA1, s. 2606 7Section 2606. 349.04 (4) of the statutes is amended to read:
SB44-SSA1,973,138 349.04 (4) The clerk of the circuit court shall collect and transmit to the county
9treasurer the truck driver education assessment as required under s. 59.40 (2) (m).
10The county treasurer shall then pay the state treasurer secretary of administration
11as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall
12deposit all amounts received under this subsection in the general fund to be credited
13to the appropriation account under s. 20.292 (1) (hm).
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