SB350,10,159 343.12 (4) (b) The department may shall, by rule, establish standards for the
10employment by an employer of a person under par. (a) 3. as an operator of a school
11bus in this state. The rules may require the person to meet the qualifications
12contained in sub. (2) or (3) and any rules of the department applicable to residents,
13except that the rules shall require the person to meet the qualifications contained in
14sub. (2) (dm) and (em). The rules shall also require the employer to perform the
15actions specified in s. 121.555 (3) (a) 1. and 3
.
SB350, s. 16 16Section 16. 343.12 (5) of the statutes is renumbered 343.12 (9).
SB350, s. 17 17Section 17. 343.12 (6) of the statutes is created to read:
SB350,11,318 343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the
19initial issuance or renewal of a school bus endorsement, the department shall
20conduct a background investigation of the applicant. In conducting the background
21investigation, the department shall obtain from the records maintained by the
22department of justice a criminal history search of the applicant. If the applicant has
23not resided in this state at anytime within the 2 years preceding the date of the
24search, the department shall make a good faith effort to obtain additional criminal
25history information from any state in which the applicant has resided during this

1time period of from any other applicable federal or state agency. The department
2shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the
3background investigation was completed.
SB350,11,104 (b) The department may require an applicant for the initial issuance or renewal
5of a school bus endorsement to be fingerprinted on 2 fingerprint cards, each bearing
6a complete set of the person's fingerprints, or by other technologies approved by law
7enforcement agencies. The department of justice may provide for the submission of
8the fingerprint cards or fingerprints by other technologies to the federal bureau of
9investigation for the purposes of verifying the identity of the person fingerprinted
10and obtaining records of his or her criminal arrests and convictions.
SB350,11,1311 (c) The department shall require an applicant for an endorsement under this
12section to specify on the application whether the applicant is listed in the registry
13under s. 146.40 (4g) (a) 2.
SB350,11,1814 (d) Notwithstanding ss. 111.321, 111.322, and 111.335, 4 years after the initial
15issuance or renewal of a school bus endorsement, the department of transportation
16shall obtain from the records maintained by the department of justice a criminal
17history search of the person to whom the school bus endorsement is issued and, if
18applicable, take action under s. 343.20 (1) (d) 2.
SB350, s. 18 19Section 18. 343.12 (7) of the statutes is created to read:
SB350,12,320 343.12 (7) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the
21department may not issue or renew a school bus endorsement if, within the time
22period specified by the department by rule but not less than 2 years immediately
23preceding the date of application, the applicant has been convicted of a violation of
24any of the following state laws or any local ordinance in conformity with any of the
25following state laws or any federal law or law of a federally recognized American

1Indian tribe or band in this state or law of another jurisdiction that would be a
2violation of any of the following state laws if the person had committed the offense
3in this state and been convicted of the offense under the laws of this state:
SB350,12,44 1. Reckless driving under s. 346.62.
SB350,12,65 2. Operating a motor vehicle while operating privileges are suspended or
6revoked or while the operator is disqualified under s. 343.44 (1) (a), (b), or (d).
SB350,12,87 3. Second-degree reckless homicide under s. 940.06 if the offense results from
8the operation of a motor vehicle.
SB350,12,99 4. Homicide by intoxicated use of a vehicle under s. 940.09 (1).
SB350,12,1010 5. Homicide by negligent operation of a vehicle under s. 940.10.
SB350,12,1111 6. Injury by intoxicated use of a vehicle under s. 940.25 (1).
SB350,12,1312 7. Causing injury by operating a motor vehicle under the influence of an
13intoxicant or other drug under s. 346.63 (2).
SB350,12,1514 8. Causing injury by operating a commercial motor vehicle with a prohibited
15alcohol concentration under s. 346.63 (6).
SB350,12,1716 9. Operating a motor vehicle under the influence of an intoxicant or other drug
17or with a prohibited alcohol concentration under s. 346.63 (1).
SB350,12,1918 10. Operating a commercial motor vehicle with a prohibited alcohol
19concentration under s. 346.63 (5).
SB350,12,2120 11. Operating a motor vehicle while under the legal drinking age with a
21prohibited alcohol concentration under s. 346.63 (2m).
SB350,12,2322 12. Failure to stop and render assistance at the scene of a motor vehicle
23accident under s. 346.67 (1) (c).
SB350,12,2424 13. Fleeing from or attempting to elude a traffic officer under s. 346.04 (3).
SB350,13,8
114. Operating a commercial motor vehicle or being on duty time while having
2any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated,
3or while possessing alcohol under s. 346.63 (7) (a) if the applicant has been previously
4convicted of any offense under s. 346.63 (7) (a) or any local ordinance in conformity
5with s. 346.63 (7) (a) or any federal law or law of a federally recognized American
6Indian tribe or band in this state or law of another jurisdiction that would be a
7violation of s. 346.63 (7) (a) if the applicant had committed the offense in this state
8and been convicted of the offense under the laws of this state.
SB350,13,159 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not
10issue or renew a school bus endorsement if, within 2 years immediately preceding
11the date of application, the applicant has had his or her operating privilege revoked
12under s. 343.305 (10) for refusal to submit to chemical testing or has been convicted
13in another jurisdiction or had his or her operating privilege in another jurisdiction
14suspended or revoked under any law of that jurisdiction prohibiting refusal of
15chemical testing that is comparable to s. 343.305.
SB350,13,2416 (c) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not
17issue or renew a school bus endorsement if, within the time period specified by the
18department by rule but not less than 5 years immediately preceding the date of
19application, the applicant has been convicted of a violation of any of the following
20state laws or any local ordinance in conformity with any of the following state laws
21or any federal law or law of a federally recognized American Indian tribe or band in
22this state or law of another jurisdiction that would be a violation of any of the
23following state laws if the person had committed the offense in this state and been
24convicted of the offense under the laws of this state:
SB350,13,2525 1. First-degree intentional homicide under s. 940.01.
SB350,14,1
12. First-degree reckless homicide under s. 940.02.
SB350,14,22 3. Felony murder under s. 940.03.
SB350,14,33 4. Second-degree intentional homicide under s. 940.05.
SB350,14,44 5. Assisting suicide under s. 940.12.
SB350,14,55 6. Felony battery under s. 940.19 (2), (3), (4), (5), or (6).
SB350,14,66 7. Sexual exploitation by a therapist under s. 940.22 (2).
SB350,14,77 8. Felony sexual assault under s. 940.225 (1), (2), or (3).
SB350,14,98 9. Abuse of a vulnerable adult under circumstances constituting a felony under
9s. 940.285 (2).
SB350,14,1010 10. Abuse of a resident of a penal facility under s. 940.29.
SB350,14,1211 11. Abuse or neglect of a patient or resident under circumstances constituting
12a felony under s. 940.295.
SB350,14,1313 12. Sexual assault of a child under s. 948.02 (1) or (2).
SB350,14,1514 13. Engaging in repeated acts of sexual assault of the same child under s.
15948.025.
SB350,14,1616 14. Physical abuse of a child under s. 948.03 (2).
SB350,14,1717 15. Sexual exploitation of a child under s. 948.05.
SB350,14,1818 16. Causing a child to view or listen to sexual activity under s. 948.055.
SB350,14,1919 17. Incest with a child under s. 948.06.
SB350,14,2020 18. Child enticement under s. 948.07.
SB350,14,2121 19. Use of a computer to facilitate a child sex crime under s. 948.075.
SB350,14,2222 20. Soliciting a child for prostitution under s. 948.08.
SB350,14,2423 21. Sexual assault of a student by a school instructional staff person under s.
24948.095.
SB350,15,2
122. Felony exposing a child to harmful material or harmful descriptions or
2narrations under s. 948.11 (2) (a) or (am).
SB350,15,33 23. Possession of child pornography under s. 948.12.
SB350,15,44 24. Child sex offender working with children under s. 948.13 (2).
SB350,15,65 25. Neglecting a child under circumstances constituting a felony under s.
6948.21.
SB350,15,77 26. Abduction of a child under s. 948.30.
SB350,15,98 27. Any felony crime in the commission of which a motor vehicle is used other
9than those crimes specified in this paragraph or par. (b).
SB350,15,1510 (d) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not
11issue or renew a school bus endorsement if the applicant has been adjudicated
12delinquent on or after his or her 12th birthday for committing any crime or other
13offense specified under pars. (a) to (c) or by the department by rule under this
14subsection within the time period specified under pars. (a) to (c) or by the department
15by rule under this subsection.
SB350, s. 19 16Section 19. 343.12 (8) of the statutes is created to read:
SB350,15,2517 343.12 (8) (a) The department shall promulgate rules specifying crimes or
18other offenses, in addition to those specified in sub. (7), the conviction for which, or
19adjudication of delinquency for which, disqualifies the applicant from initial
20issuance or renewal of a school bus endorsement and, for each such crime or offense,
21the time period within which the disqualification applies. The time period may be
22permanent but may not be less than the time period specified in sub. (7) (a) to (c) for
23a crime or other offense specified in sub. (7) (a) to (c). The disqualifying crimes or
24other offenses specified by the department shall apply notwithstanding ss. 111.321,
25111.322, and 111.335 and shall include crimes under chs. 940 and 944.
SB350,16,6
1(b) Notwithstanding ss. 111.321, 111.322, and 111.335, the department may
2promulgate rules specifying any registry maintained by an agency of the state
3related to a person being reported or investigated for criminal activity, in addition
4to the registry specified in sub. (6) (c), the listing of the applicant on which
5disqualifies the applicant from initial issuance or renewal of a school bus
6endorsement.
SB350,16,87 (c) The department shall promulgate rules to implement and administer this
8section, including all of the following:
SB350,16,109 1. For each disqualifying crime or offense specified in sub. (7) (a) and (c), the
10time period within which the disqualification applies.
SB350,16,1511 2. Procedures for obtaining additional criminal history information in
12compliance with sub. (6) (a) for applicants who have not resided in this state at
13anytime in the preceding 2 years. The department may by rule establish fees for
14obtaining such information that are not greater than the fees charged to the
15department in connection with acquiring such information.
SB350, s. 20 16Section 20. 343.20 (1) (d) of the statutes is renumbered 343.20 (1) (d) 1.
SB350, s. 21 17Section 21. 343.20 (1) (d) 2. of the statutes is created to read:
SB350,17,218 343.20 (1) (d) 2. The department shall cancel an operator's license that is
19endorsed for the operation of school buses under s. 343.12, regardless of the license
20expiration date, upon receiving a record of conviction or of adjudication of
21delinquency or results of a criminal history search showing that the person has been
22convicted of, or adjudicated delinquent for, a crime or other offense specified under
23s. 343.12 (7) or rules of the department promulgated under s. 343.12 (7) and (8) after
24issuance or renewal of the endorsement or at a time when, if known by the

1department, the conviction or adjudication would have prevented issuance or
2renewal of the endorsement.
SB350, s. 22 3Section 22. 343.21 (1) (c) to (e) of the statutes are amended to read:
SB350,17,54 343.21 (1) (c) For the initial issuance or renewal of authorization to operate
5school buses that are not commercial motor vehicles, $5 $10.
SB350,17,126 (d) For the initial issuance or renewal of authorization to operate "Class A",
7"Class B" or "Class C" motor vehicles, or upgrading an existing regular license which
8only authorizes the operation of "Class D" motor vehicles, $64. This fee includes
9issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization
10applied for at the same time for which the applicant is qualified. An additional fee
11of $5 is required for the issuance or renewal of any "S" endorsement applied for or
12renewed at the same time for which the applicant is qualified.
SB350,17,1413 (e) For upgrading an existing commercial driver license to add an "H", "N", "P",
14"S" or "T" endorsement, $5, or, to add an "S" endorsement, $10.
SB350, s. 23 15Section 23. 343.21 (3) of the statutes is created to read:
SB350,17,1816 343.21 (3) In addition to any fee required under sub. (1) (c), (d), or (e), the
17department may require payment to the department of any fee established by rule
18under s. 343.12 (8) (c) 2.
SB350, s. 24 19Section 24 . 343.23 (2) (a) (intro.) of the statutes, as affected by 2003 Wisconsin
20Act 33
, is amended to read:
SB350,18,721 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or
22other person containing the application for license, permit or endorsement, a record
23of reports or abstract of convictions, any notice received from the federal
24transportation security administration concerning the person's eligibility for an "H"
25endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization

1to operate different vehicle groups, a record of any out-of-service orders issued
2under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background
3investigation specified in s. 343.12 (6) (a) or (d) was completed,
and a record of any
4reportable accident in which the person has been involved, including specification
5of any type of license and endorsements issued under this chapter under which the
6person was operating at the time of the accident and an indication whether or not the
7accident occurred in the course of any of the following:
SB350, s. 25 8Section 25. 343.237 (title) and (2) of the statutes are amended to read:
SB350,18,10 9343.237 (title) Access to license and identification card photographs
10and fingerprints.
SB350,18,15 11(2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and
12any fingerprint taken of an applicant under s. 343.12 (6) (b),
may be maintained by
13the department and, except as provided in this section, shall be kept confidential.
14Except as provided in this section, the department may release a photograph or
15fingerprint
only to the person whose photograph or fingerprint was taken.
SB350, s. 26 16Section 26. 343.237 (3) (intro.) of the statutes, as affected by 2003 Wisconsin
17Act 36
, is amended to read:
SB350,18,2318 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement
19agency or a federal law enforcement agency with a copy of a photograph taken on or
20after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed
21or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b),
if the
22department receives a written request on the law enforcement agency's letterhead
23that contains all of the following:
SB350, s. 27 24Section 27. 343.237 (3) (a) of the statutes is amended to read:
SB350,19,2
1343.237 (3) (a) The name of the person whose photograph or fingerprint is
2requested.
SB350, s. 28 3Section 28. 343.237 (3) (c) (intro.) of the statutes, as affected by 2003
4Wisconsin Act 36
, is amended to read:
SB350,19,75 343.237 (3) (c) (intro.) A statement signed by a division commander or higher
6authority within the law enforcement agency that the photograph or fingerprint is
7requested for any of the following purposes:
SB350, s. 29 8Section 29. 343.237 (3) (d), (4m), (5), (6), (7), (8) and (10) of the statutes are
9amended to read:
SB350,19,1210 343.237 (3) (d) A For requests for photographs only, a statement that the
11request is not made solely to obtain a photograph for use as part of a photo lineup or
12photo array.
SB350,19,17 13(4m) The department shall attach to each copy of a photograph or fingerprint
14provided under this section the notation: "This photograph is subject to the
15requirements and restrictions of section 343.237 of the Wisconsin Statutes." or "This
16fingerprint is subject to the requirements and restrictions of section 343.237 of the
17Wisconsin Statutes
."
SB350,19,22 18(5) Any law enforcement agency that has in its possession a copy of a
19photograph or fingerprint provided to it under sub. (3) or (4) shall destroy any copies
20of the photograph or fingerprint in its possession when the photograph or fingerprint
21is no longer necessary for the investigatory or identification purpose specified in its
22request for the copy of the photograph or fingerprint.
SB350,20,4 23(6) For each copy of a photograph or fingerprint provided under sub. (3) or (4),
24the department shall record and maintain the written request for the copy of the
25photograph or fingerprint and may not disclose any record or other information

1concerning or relating to the written request to any person other than a court, district
2attorney, county corporation counsel, city, village, or town attorney, law enforcement
3agency, the applicant or identification card holder or, if the applicant or identification
4card holder is under 18 years of age, his or her parent or guardian.
SB350,20,6 5(7) The department may not charge a fee for providing a copy of any photograph
6or fingerprint to a Wisconsin law enforcement agency under this section.
SB350,20,11 7(8) (a) Any law enforcement agency that receives a photograph or fingerprint
8provided to a law enforcement agency under this section shall keep the copy of the
9photograph or fingerprint confidential and may disclose it only if disclosure is
10necessary to perform a law enforcement function and the person to whom the copy
11of the photograph or fingerprint is disclosed agrees to comply with par. (c).
SB350,20,1412 (b) If a law enforcement agency discloses a copy of a photograph or fingerprint
13to another person under par. (a), the copy of the photograph or fingerprint shall have
14attached to it the notation specified in sub. (4m).
SB350,20,1915 (c) Any person who receives a copy of a photograph or fingerprint from a law
16enforcement agency under par. (a) shall destroy any copies of the photograph or
17fingerprint
in his or her possession when the photograph or fingerprint is no longer
18necessary to perform the law enforcement function for which the photograph or
19fingerprint
was disclosed.
SB350,20,22 20(10) Any person who wilfully discloses a copy of a photograph or fingerprint in
21violation of this section may be required to forfeit not more than $500 for each
22violation. Each copy disclosed constitutes a separate offense.
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