2005 WISCONSIN ACT 397
An Act to repeal 343.63 (title), 343.63 (3) and (6), 343.64 (title) and (1) (intro.), 343.64 (1) (d), 343.65 (title), 343.65 (1) (intro.) and (a), 343.665 (title), 343.67, 343.675, 343.68, 343.70 (title), 343.71 (1) and 343.72 (8); to renumber 343.72 (4); to renumber and amend 343.60 (1), 343.60 (4), 343.61 (3), 343.61 (4), 343.61 (5), 343.61 (6), 343.62 (3), 343.63 (intro.), (1), (2), (4) and (5), 343.63 (5m), 343.64 (1) (a), 343.64 (1) (b), 343.64 (1) (c), 343.64 (1) (e), 343.64 (1) (f), 343.64 (1) (g), 343.64 (2), 343.65 (1) (b), 343.65 (2), 343.66, 343.665 (1), 343.665 (2), 343.69, 343.70 (1), 343.70 (2), 343.71 (intro.), 343.71 (2), 343.71 (3), 343.72 (2), 343.72 (3), 343.72 (5) and 343.72 (9); to amend 343.60 (3), 343.61 (1), 343.62 (1), 343.66 (title), 343.69 (title), 343.71 (title), 343.72 (1), 343.72 (6), 343.72 (7), 343.72 (10), 343.72 (11), 343.72 (12) and 343.73; to repeal and recreate 343.61 (title) and 343.62 (title); and to create 343.60 (1) (c), (d) and (e), 343.60 (1g), 343.61 (2) (a) 3., 343.61 (2) (a) 4., 343.61 (2) (am), 343.61 (2m) (intro.), 343.61 (3) (b), (c) and (d), 343.61 (3m) (b), 343.61 (5m), 343.62 (3) (a) 2., 343.62 (3) (b), 343.62 (4) (a) 3., 343.62 (4) (c), 343.69 (2), 343.71 (5) and 343.72 (5m) of the statutes; relating to: licensing and activities of driver schools and instructors, granting rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. 343.60 (1) of the statutes is renumbered 343.60 (1) (intro.) and amended to read:
343.60 (1) (intro.) "Driver school" means the a business of giving that gives instruction, for compensation, in the driving operation of motor vehicles, except that it does not include a any of the following:
(a) A high school or technical college which that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board and it does not include an.
(b) An institution of higher learning which that teaches driver training as part of its teacher training program.
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2. 343.60 (1) (c), (d) and (e) of the statutes are created to read:
343.60 (1) (c) A motorcycle training school that offers a basic or experienced rider training course approved by the department.
(d) Any driver training school that offers training exclusively in the operation of vehicles designed and manufactured for off-highway operation.
(e) An instructor.
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3. 343.60 (1g) of the statutes is created to read:
343.60 (1g) "Driver school classroom" means any facility that is approved by the department and used to conduct driver training, but does not include a motor vehicle.
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4. 343.60 (3) of the statutes is amended to read:
343.60 (3) "Instructor" means any person who is employed by a driver school licensed under this chapter and who, for compensation, gives instruction in the driving operation of a motor vehicle, except a person who is employed as a full time instructor by a high school, technical college or institution of higher learning as provided in sub. (1).
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5. 343.60 (4) of the statutes is renumbered 343.60 (1m) and amended to read:
343.60 (1m) "Place of business
Driver school office" means the location at which the driver school business is conducted and approved by the department. "Driver school office" does not include any facility used only as a driver school classroom.
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6. 343.61 (title) of the statutes is repealed and recreated to read:
343.61 (title) Driver school requirements.
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7. 343.61 (1) of the statutes is amended to read:
343.61 (1) The department shall issue and renew driver school licenses in conformity with the requirements of this subchapter. No person shall conduct
may operate a driver school without being licensed therefor, advertise, solicit bids for business, or provide services unless the person holds a valid driver school license issued by the department.
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8. 343.61 (2) (a) 3. of the statutes is created to read:
343.61 (2) (a) 3. Identification of all driver school office and driver school classroom locations.
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9. 343.61 (2) (a) 4. of the statutes is created to read:
343.61 (2) (a) 4. Proof of insurance required under sub. (3m) (a).
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10. 343.61 (2) (am) of the statutes is created to read:
343.61 (2) (am) A driver school may provide to the department a written certification that the driver school has complied with all applicable driver school office and driver school classroom requirements imposed under this subchapter or under any rule promulgated by the department under this subchapter.
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11. 343.61 (2m) (intro.) of the statutes is created to read:
343.61 (2m) (intro.) The department may not issue or renew a driver school license if any of the following applies:
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12. 343.61 (3) of the statutes is renumbered 343.61 (3) (a) 1. and amended to read:
343.61 (3) (a) 1. The required fee for any driver school license, or for any annual renewal thereof, is $75 or, for licenses issued or renewed after August 31, 1998, $95.
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13. 343.61 (3) (b), (c) and (d) of the statutes are created to read:
343.61 (3) (b) In addition to the fee under par. (a), an applicant or licensee under this section shall pay a one-time fee of $10 for each mailing address where one or more driver school classrooms are located.
(c) The fee for a duplicate license certificate provided under sub. (4) (a) is $10.
(d) The department shall charge a fee of $10 for any change to a license certificate, including a change in the location of a driver school office.
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14. 343.61 (3m) (b) of the statutes is created to read:
343.61 (3m) (b) A driver school shall file with the department a bond in the form and amount established by the department by rule.
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15. 343.61 (4) of the statutes is renumbered 343.61 (4) (a) and amended to read:
343.61 (4) (a) If the department approves an application for a driver school license is approved by the department and the applicant pays the required fee
paid, the applicant department shall be granted issue a license, and shall be issued provide a license certificate, to the applicant. The licensee shall display such the certificate in the licensee's place of business driver school office, but is not required to display the certificate in any driver school classroom.
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16. 343.61 (5) of the statutes is renumbered 343.61 (3) (a) 2. and amended to read:
343.61 (3) (a) 2. A driver school license expires
at the end of the calendar year, for which it is granted on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fees specified under subd. 1.
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17. 343.61 (5m) of the statutes is created to read:
343.61 (5m) Any driver school licensed under this section may be authorized by the department to provide testing, limited to knowledge and signs tests, for students of the driver schools who are under the age of 18 and for driver school instructors. Authorized driver schools providing such testing shall meet standards and follow procedures established by the department by rule.
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18. 343.61 (6) of the statutes is renumbered 343.71 (5), and 343.71 (5) (intro.), as renumbered, is amended to read:
343.71 (5) (intro.) No The department may not license a driver school may be licensed unless its approved course of instruction does all of the following:
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19. 343.62 (title) of the statutes is repealed and recreated to read:
343.62 (title) Instructor requirements.
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20. 343.62 (1) of the statutes is amended to read:
343.62 (1) No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor The department shall issue and renew instructor's licenses in conformity with the requirements of this subchapter. No person, including the a person holding the a driver school license, shall may act as an instructor in such a driver school unless such person is licensed the person holds a valid instructor's license issued by the department to act as such instructor. No driver school may employ any person as an instructor unless the person holds a valid instructor's license issued by the department.
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21. 343.62 (3) of the statutes is renumbered 343.62 (3) (a) 1. and amended to read:
343.62 (3) (a) 1. The required annual fee for any an instructor's license, or for any annual renewal thereof, is $25.
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22. 343.62 (3) (a) 2. of the statutes is created to read:
343.62 (3) (a) 2. An instructor's license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fee specified in subd. 1.
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23. 343.62 (3) (b) of the statutes is created to read:
343.62 (3) (b) If an instructor's license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of the instructor's eligibility, satisfactory proof of loss, and a fee established by the department by rule.
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24. 343.62 (4) (a) 3. of the statutes is created to read:
343.62 (4) (a) 3. The applicant is at least 19 years of age, holds a valid regular operator's license, and has at least 2 years of licensed experience operating a motor vehicle.
