LRB-0173/1
ARG:kmg:pg
2003 - 2004 LEGISLATURE
January 10, 2003 - Introduced by Senators Lazich, A. Lasee, Stepp and Darling,
cosponsored by Representatives
Gundrum, Stone, Gunderson, Turner,
Ladwig, Musser, Ainsworth, Kerkman, Plale, Lassa, Steinbrink and Van Roy.
Referred to Committee on Transportation and Information Infrastructure.
SB3,1,6
1An Act to renumber 85.01 (1);
to amend 85.21 (3) (c) and 346.95 (4); and
to
2create 85.01 (1g), 85.01 (2m), 85.21 (3m), 85.21 (5), 165.83 (2) (ng), 341.10 (15)
3and 346.923 of the statutes;
relating to: the specialized transportation
4assistance program, minimum qualifications for the operator of a human
5service vehicle, the registration of human service vehicles, and providing
6penalties.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, any motor vehicle used to transport
elderly or disabled persons in connection with a transportation assistance program
for these persons is called a "human service vehicle." No person may drive a human
service vehicle unless the vehicle is insured with property damage liability coverage
of not less than $10,000 and bodily injury liability coverage of not less than $75,000
per person. Current law establishes no minimum qualifications for the driver of a
human service vehicle.
This bill establishes minimum qualifications for the driver of a human service
vehicle. Under the bill, no person may drive a human service vehicle transporting
passengers unless the person possesses a valid driver's license; has not, in the
preceding year, operated a motor vehicle involved in more than two traffic accidents
resulting in convictions; has not, in the preceding five years, been convicted of any
specified violation relating to the operation of a human service vehicle; has not, in
the preceding two years, been convicted of operating a motor vehicle while
intoxicated; has not, at any time, been convicted of any specified serious crime,
including homicide, battery, sexual assault, abuse of a vulnerable adult, abuse or
neglect of a person in a residential or treatment facility, and abuse, exploitation, or
neglect of a child; has not, in the preceding five years, been otherwise convicted of a
felony or offense against public morals; has recently been trained in the proper use
of passenger restraint systems; and conspicuously displays any identification card
required to be issued by the person's employer. A person who drives a human service
vehicle in violation of these minimum qualifications (a violating driver) may be
required to forfeit not more than $20 for a first violation and not more than $50 for
each subsequent violation.
Under the bill, any person who is hired to drive a human service vehicle in
connection with a specialized transportation service (STS) that is operated by a
county or that contracts with a county must submit to the STS, prior to employment
(or within one year of the effective date of the bill for those persons already employed
by an STS at the time of enactment), and every 4 years thereafter, a completed
background information form created by the Department of Transportation (DOT)
to determine the person's eligibility to operate human service vehicles. A person
convicted of providing materially false or incomplete information on a required
background information form may be required to forfeit not more than $1,000 and
is permanently barred from subsequently operating human service vehicles
transporting passengers. Any person who drives a human service vehicle for an STS
must also report to the STS any motor vehicle accident involving the person as an
operator and any suspension or revocation of the person's operating privilege.
In addition to requiring an STS to obtain background information forms from
current and prospective employees, the bill requires the STS to obtain vehicle
operating records and criminal history searches for employee drivers and persons to
be hired as drivers. The bill prohibits an STS from:
1. Employing any driver whom the STS knows or should have known does not
meet the minimum qualifications for operation of a human service vehicle.
2. Employing any driver for whom the STS has not obtained a completed
background information form and an operating record.
3. Allowing any driver to operate a human service vehicle beyond specified
maximum operating hours.
An STS that employs a driver of a human service vehicle in violation of these
requirements may be fined not more than $1,000 for a first offense and not less than
$1,000 nor more than $5,000 for each subsequent offense. An STS that fails to obtain
a required criminal history search or operating record may be required to forfeit not
more than $200.
The bill prohibits counties from entering into a contract with any STS that
employs a violating driver or that has otherwise violated these obligations within the
previous 12 months unless the violation was remedied before the contract is entered
into and not later than 30 days after the STS received notice of the violation. The
bill also requires that any contract between a county and an STS allow the county
to terminate the contract without liability if the STS employs a violating driver or
otherwise violates these obligations during the term of the contract. Under the bill,
any contract between DOT and a county relating to the specialized transportation
assistance program must specify that DOT may not make payments to a county that
violates its obligations.
This bill requires DOT to prescribe and provide the background information
forms to be completed by drivers and to prepare and make available informational
materials. The bill requires the Department of Justice to provide criminal
background information to requesting STSs and to prepare and make available
informational materials.
Current law also requires an annual inspection of the equipment and condition
of human service vehicles. This bill prohibits DOT from registering a human service
vehicle that has not passed a required annual inspection.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB3, s. 1
1Section
1. 85.01 (1) of the statutes is renumbered 85.01 (1m).
SB3, s. 2
2Section
2. 85.01 (1g) of the statutes is created to read:
SB3,3,43
85.01
(1g) "Background information form" means the background information
4form prescribed by the department under s. 346.923 (3) (a).
SB3, s. 3
5Section
3. 85.01 (2m) of the statutes is created to read:
SB3,3,66
85.01
(2m) "Operator" has the meaning given in s. 340.01 (41).
SB3, s. 4
7Section
4. 85.21 (3) (c) of the statutes is amended to read:
SB3,4,118
85.21
(3) (c) To make and execute contracts with counties to ensure the
9provision of specialized transportation service
, subject to sub. (3m). Payments under
10such contracts to eligible applicants shall not exceed the county proportionate share,
11except as supplemented under par. (e) or (f).
A contract under this paragraph shall
12prohibit the department from making any payments under this paragraph to a
13county that violates sub. (3m) (a) or, if a specialized transportation service is
14operated by a county, sub. (3m) (b). A contract under this
section paragraph shall
1require the county to make a matching contribution of 20% of the contract amount
2and to furnish information determined necessary by the department for periodic
3program monitoring and year-end auditing and evaluation. A contract may permit
4a county to hold aids received under this section on or after July 2, 1983, in trust,
5according to rules promulgated by the department, for the exclusive purpose of
6acquiring or maintaining equipment used for services authorized under this section.
7All aids held in trust, as well as any accumulated interest, not expended for the
8authorized purposes, shall be returned to the department for deposit in the
9transportation fund. Nothing in this paragraph entitles a county to any investment
10interest accumulated prior to the time the aid payment is actually received by the
11county.
SB3, s. 5
12Section
5. 85.21 (3m) of the statutes is created to read:
SB3,4,2413
85.21
(3m) Contract restrictions; service prohibitions. (a) No county may
14enter into a contract for services under this section with a specialized transportation
15service that has violated par. (b) within the previous 12 months unless the violation
16has been remedied before the contract is entered into and the violation was remedied
17no later than 30 days after the specialized transportation service received notice of
18the violation. A contract between a county and a specialized transportation service
19for services under this section shall provide that, if the specialized transportation
20service violates par. (b) during the term of the contract, the county may terminate
21the contract without liability for the uncompleted portion of the contract or the
22county may, if the county determines that the violation of par. (b) is of a nature that
23may be remedied, withhold payment under the contract until the specialized
24transportation service remedies the violation.
SB3,5,3
1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, no specialized
2transportation service that is operated by a county or that contracts with a county
3for services under this section may do any of the following:
SB3,5,64
1. Employ as an operator any person who the specialized transportation service
5knows or should have known has been convicted, within the previous 60 months, of
6a violation of s. 346.923 other than a violation of s. 346.923 (1) (g).
SB3,5,207
2. Employ as an operator any person who the specialized transportation service
8knows or should have known has been convicted, within the previous 24 months, of
9a violation of s. 346.63 (1), (2m), or (5) or a local ordinance in conformity therewith,
10or a violation of s. 346.63 (2) or (6), 940.09 (1), or 940.25, or a violation of federal law
11or the law of a federally recognized American Indian tribe or band in this state or the
12law of another jurisdiction that would be a violation of s. 346.63 (1), (2), (2m), (5), or
13(6), 940.09 (1), or 940.25 if the person had committed the offense in this state and
14been convicted of the offense under the laws of this state, or of an offense specified
15in s. 343.12 (2) (d) other than an offense under s. 346.63 (7) or a local ordinance in
16conformity with s. 346.63 (7) or a law of a federally recognized American Indian tribe
17or band in this state in conformity with s. 346.63 (7), or of 2 or more offenses under
18s. 346.63 (7) or a local ordinance in conformity with s. 346.63 (7) or a law of a federally
19recognized American Indian tribe or band in this state in conformity with s. 346.63
20(7).
SB3,6,821
3. Notwithstanding subd. 2., employ as an operator any person who the
22specialized transportation service knows or should have known has been convicted
23of a violation of sub. (5) (c) or s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3),
24(4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295,
25948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11
1(2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 or a violation of federal law or the
2law of a federally recognized American Indian tribe or band in this state or the law
3of another jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05,
4940.12, 940.19 (2), (3), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285
5(2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06,
6948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 if the
7person had committed the offense in this state and been convicted of the offense
8under the laws of this state.
SB3,6,129
4. Notwithstanding subd. 2. and subject to subd. 3., employ as an operator any
10person who the specialized transportation service knows or should have known does
11not meet the requirements specified under s. 343.12 (2) (e) and any rule established
12by the department under s. 343.12 (2) (e).
SB3,6,1613
5. Employ as an operator any person who the specialized transportation service
14knows or should have known does not possess a valid operator's license issued under
15ch. 343 or by another jurisdiction that authorizes the operation of any human service
16vehicle to be operated by that operator.
SB3,6,2017
6. Employ as an operator any person who the specialized transportation service
18knows or should have known was involved, in the previous 12 months, as the
19operator of a motor vehicle in more than 2 traffic accidents that resulted in
20convictions for violations of laws related to motor vehicle use or operation.
SB3,6,2221
7. Employ as an operator any person for whom the specialized transportation
22service has not obtained an operating record as required under par. (dm).
SB3,7,223
8. Allow a person to operate a human service vehicle prior to the specialized
24transportation service issuing to the person an identification card containing the
25person's name and photograph and identifying the person as an operator, and prior
1to designating a location for conspicuous display of the identification card in clear
2view of passengers in each human service vehicle.
SB3,7,83
9. Allow any operator to operate a human service vehicle for more than 10 hours
4in any 18-hour period or, if the specialized transportation service does not operate
5human service vehicles every day of the week, for any time exceeding 60 hours in any
6period of 7 consecutive days or, if the specialized transportation service operates
7human service vehicles every day of the week, for any time exceeding 70 hours in any
8period of 8 consecutive days.
SB3,7,119
10. Employ as an operator any person who has not, within the previous 24
10months, been fully trained in the proper use of all passenger restraint systems
11available in the human service vehicle operated by that operator.
SB3,7,1412
11. Employ as an operator any person who has not submitted to the specialized
13transportation service any completed background information form required under
14sub. (5) (a) or (b).
SB3,7,1915
(c) Notwithstanding ss. 111.321, 111.322, and 111.335, if a background
16information form submitted by a person under par. (b) 11. indicates that the person
17is not eligible under s. 346.923 to operate a human service vehicle transporting any
18passengers, a specialized transportation service may not employ the person as an
19operator pending the receipt of the information sought under par. (d).
SB3,8,720
(d) Notwithstanding ss. 111.321, 111.322, and 111.335, within 60 days after
21receipt of a completed background information form from a person specified in sub.
22(5) (a) who would otherwise be hired as an operator by the specialized transportation
23service or from a person specified in sub. (5) (b), a specialized transportation service
24shall obtain from the records maintained by the department of justice, and the
25department of justice shall provide, a criminal history search of the person.
1Notwithstanding ss. 111.321, 111.322, and 111.335, if the person who is the subject
2of the criminal history search is not a resident of this state, or if at any time within
3the 3 years preceding the date of the search that person has not been a resident of
4this state, the specialized transportation service shall make a good faith effort to
5obtain promptly from any state in which the person is a resident, or was a resident
6within the 3 years preceding the date of the search, information that is equivalent
7to a criminal history.
SB3,8,148
(dm) 1. Every specialized transportation service that is operated by a county
9or that contracts with a county for services under this section shall, prior to
10employing any person as an operator, obtain the person's operating record from the
11department under s. 343.24 or, if the operating record has already been obtained by
12another entity, from that entity if there are reasonable grounds to believe that the
13operating record obtained from that entity is accurate and was furnished by the
14department to that entity not more than 2 months previously.
SB3,8,1815
2. No later than every 4 years, every specialized transportation service that is
16operated by a county or that contracts with a county for services under this section
17shall obtain, in the manner provided in subd. 1., an updated operating record for any
18person employed as an operator by the specialized transportation service.
SB3,9,219
(e) Every specialized transportation service that is operated by a county under
20this section shall maintain all records and furnish all information determined
21necessary by the department to determine compliance with this section or s. 346.923.
22Every specialized transportation service that contracts with a county for services
23under this section shall maintain all records and furnish all information determined
24necessary by the county or the department for purposes of program or contract
1monitoring, auditing, or evaluation, or to determine compliance with this section or
2s. 346.923.
SB3,9,63
(f) Any person who violates par. (b) or (c) shall be fined not more than $1,000
4for the first offense and shall be fined not less than $1,000 nor more than $5,000 for
5each subsequent offense. Each day of violation after the first conviction constitutes
6a separate offense.
SB3,9,97
(g) Any person who violates par. (d) or (dm) may be required to forfeit not more
8than $200. Each failure to obtain a criminal history search under par. (d) or an
9operating record under par. (dm) constitutes a separate offense.
SB3, s. 6
10Section
6. 85.21 (5) of the statutes is created to read:
SB3,9,1611
85.21
(5) Operator background information forms. (a) Every person who
12applies to be employed as an operator by a specialized transportation service that is
13operated by a county or that contracts with a county for services under this section
14shall complete a background information form and provide it to the specialized
15transportation service prior to being employed by the specialized transportation
16service.
SB3,9,2017
(b) No later than every 4 years, any person who is employed as an operator by
18a specialized transportation service that is operated by a county or that contracts
19with a county for services under this section shall complete an updated background
20information form and provide it to the specialized transportation service.
SB3,9,2421
(c) No person may provide false or incomplete information with respect to any
22material fact on a background information form required to be completed under this
23subsection. Any person who violates this paragraph may be required to forfeit not
24more than $1,000.
SB3, s. 7
25Section
7. 165.83 (2) (ng) of the statutes is created to read:
SB3,10,2
1165.83
(2) (ng) Perform the duties required of the department by ss. 85.21 (3m)
2(d) and 346.923 (4) relating to human service vehicle operators.
SB3, s. 8
3Section
8. 341.10 (15) of the statutes is created to read:
SB3,10,54
341.10
(15) The vehicle is required to be inspected under s. 110.05 and any of
5the following applies:
SB3,10,66
(a) The vehicle has not been inspected.
SB3,10,87
(b) The most recent inspection of the vehicle indicates noncompliance with ss.
8110.05 and 110.075 or ch. 347 or rules promulgated under those sections or ch. 347.
SB3, s. 9
9Section
9. 346.923 of the statutes is created to read:
SB3,10,12
10346.923 Human service vehicles; minimum operator qualifications. (1) 11Notwithstanding ss. 111.321, 111.322, and 111.335, no person may operate a human
12service vehicle transporting any passenger unless all of the following apply:
SB3,10,1413
(a) The operator possesses a valid operator's license issued under ch. 343 or by
14another jurisdiction that authorizes the operation of the human service vehicle.
SB3,10,1815
(b) The operator has not been involved as the operator of a motor vehicle in more
16than 2 traffic accidents that resulted in convictions for violations of laws related to
17motor vehicle use or operation during the 12 months immediately preceding the
18operation of the human service vehicle.
SB3,10,2119
(c) The operator has not been convicted of a violation of this section, other than
20a violation of par. (g), during the 60 months immediately preceding the operation of
21the human service vehicle.
SB3,11,922
(d) The operator has not been convicted of a violation of s. 346.63 (1), (2m), or
23(5) or a local ordinance in conformity therewith, or a violation of s. 346.63 (2) or (6),
24940.09 (1), or 940.25, or a violation of federal law or the law of a federally recognized
25American Indian tribe or band in this state or the law of another jurisdiction that
1would be a violation of s. 346.63 (1), (2), (2m), (5), or (6), 940.09 (1), or 940.25 if the
2person had committed the offense in this state and been convicted of the offense
3under the laws of this state, or of an offense specified in s. 343.12 (2) (d) other than
4an offense under s. 346.63 (7) or a local ordinance in conformity with s. 346.63 (7) or
5a law of a federally recognized American Indian tribe or band in this state in
6conformity with s. 346.63 (7), or of 2 or more offenses under s. 346.63 (7) or a local
7ordinance in conformity with s. 346.63 (7) or a law of a federally recognized American
8Indian tribe or band in this state in conformity with s. 346.63 (7), during the 24
9months immediately preceding the operation of the human service vehicle.
SB3,11,2110
(e) Notwithstanding par. (d), the operator has not been convicted of a violation
11of s. 85.21 (5) (c), 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5), or (6),
12940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2),
13948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am),
14948.12, 948.13, 948.21 (1), or 948.30 or a violation of federal law or the law of a
15federally recognized American Indian tribe or band in this state or the law of another
16jurisdiction that would be a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12,
17940.19 (2), (3), (4), (5), or (6), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2),
18940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06,
19948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), or 948.30 if the
20person had committed the offense in this state and been convicted of the offense
21under the laws of this state.
SB3,11,2422
(f) Notwithstanding par. (d) and subject to par. (e), the operator meets the
23requirements specified under s. 343.12 (2) (e) and any rule established by the
24department under s. 343.12 (2) (e).
SB3,12,2
1(g) The operator conspicuously displays any identification card issued by a
2specialized transportation service under s. 85.21 (3m) (b) 8.
SB3,12,73
(h) The operator has, within the 2 previous years, been fully trained in the
4proper use of all passenger restraint systems available in the human service vehicle;
5the operator ascertains that all passengers required by statute or rule to be properly
6restrained are so restrained; and the operator responds to requests from passengers
7with respect to being properly restrained.
SB3,12,11
8(2) A person employed as an operator by a specialized transportation service
9that is operated by a county or that contracts with a county for services under s. 85.21
10shall report to the specialized transportation service in writing within 10 days of the
11occurrence of any of the following: