343.50 (10) (c) Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under ss. 343.14 (2) (es) and 343.165 (1) (e). A card cancelled under this paragraph may not be reinstated under sub. (5) until these requirements are again satisfied.
SECTION 9348. Initial applicability; Transportation.
(1) DMV BACKGROUND INVESTIGATIONS.
(a) The treatment of section 110.09 (1) (a) of the statutes first applies to persons selected to fill positions on the effective date of this paragraph.
(b) The treatment of section 110.09 (2) of the statutes first applies to persons requesting access to information systems on the effective date of this paragraph.
SECTION 9448. Effective dates; Transportation.
(1) LICENSE AND IDENTIFICATION CARD ISSUANCE. The treatment of sections 343.01 (2) (d), 343.03 (3) (intro.), (3m), and (6) (a), 343.06 (1) (j) and (L), 343.10 (2) (a) (intro.) and (7) (b) and (d), 343.14 (2) (a), (br), (es) 1. and 4., and (f), (2j) (a) (by SECTION 16) and (b) (by SECTION 17), (2r), (3), and (4m), 343.16 (3) (a), 343.165, 343.17 (1), (2), (3) (a) 1. and 5., and (5), 343.19 (1), 343.20 (1) (a) and (f), (1m) (by SECTION 32), and (2) (a), 343.22 (1), (2) (intro.) and (a), (2m) (by SECTION 36), and (3) (by SECTION 37), 343.23 (2) (a) (intro.) and (b) and (5), 343.26 (by SECTION 41), 343.43 (1) (g), 343.50 (2), (3), (4), (6) (by SECTION 49), and (10) (intro.), (a), and (c) of the statutes, the renumbering and amendment of section 343.50 (1) (by SECTION 43) and (5) (by SECTION 48) of the statutes, the consolidation, renumbering, and amendment of section 343.14 (2) (er) 1. and 2. of the statutes, the amendment of section 343.50 (8) of the statutes, and the creation of section 343.50 (1) (b) and (c) and (8) (c) of the statutes take effect on May 11, 2008.
(2) DMV BACKGROUND INVESTIGATIONS.
(a) The treatment of section 110.09 (2) of the statutes and SECTION 9348 (1) (b) of this act take effect on the first day of the 4th month beginning after publication.
(b) The treatment of section 110.09 (1) of the statutes and SECTION 9348 (1) (a) of this act take effect on January 1, 2008.
(End)
LRB-0004LRB-0004/1
BAB:kjf:rsjf
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0189 - Safe routes to school program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: creating a safe routes to school program and making appropriations.
Analysis by the Legislative Reference Bureau
Transportation
Transportation aids
This bill creates a safe routes to school program to promote children walking or riding bicycles to school and to increase the safety and reduce traffic in the vicinity of schools. This program must be consistent with the federal Safe Routes to School Program and incorporates regulations under that federal law. The program this bill creates is funded exclusively from federal and local moneys.
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:
SECTION 1. 20.395 (2) (qv) of the statutes is created to read:
20.395 (2) (qv) Safe routes to school, local funds. All moneys received from any local unit of government for the safe routes to school program under s. 85.029, for such purpose.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.395 (2) (qx) of the statutes is created to read:
20.395 (2) (qx) Safe routes to school, federal funds. All moneys received from the federal government for the safe routes to school program under s. 85.029, for such purpose.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 85.029 of the statutes is created to read:
85.029 Safe routes to school program. (1) In this section:
(a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).
(b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).
(c) "State agency" has the meaning given in s. 20.001 (1).
(d) "Indian tribe" has the meaning given in s. 139.30 (5).
(2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).
(3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).
(4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).
(5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.
(6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).
(End)
LRB-0005LRB-0005/2
ARG:jld:nwn
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0192 - single state motor carrier registration; unified carrier registration act
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: registration requirements for motor carriers and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, DOT administers, in a manner provided under federal law, a single-state insurance registration system for common motor carriers and contract motor carriers allowing these motor carriers with interstate operations to register in, and pay applicable fees to, a single state with regard to proof of satisfaction of motor carrier insurance requirements. The registration is valid in all participating states. Each state sets its own fee and the base state sends each participating state the proper amount of revenue reflecting vehicles that travel into the participating state. The annual fee in Wisconsin for this registration is $5.
Under federal law, the single-state insurance registration system is scheduled to be repealed effective January 1, 2007, and replaced by a unified carrier registration system. As with the single-state insurance registration system, the unified carrier registration system allows common motor carriers and contract motor carriers with interstate operations to register in, and pay applicable fees to, a single state. Unlike the single-state insurance registration system, the unified carrier registration system applies to private motor carriers as well as common motor carriers and contract motor carriers, including brokers, freight forwarders, leasing companies, and exempt for-hire motor carriers. Under the unified carrier registration system, the federal secretary of transportation, upon receiving a recommendation from the unified carrier registration plan board of directors, sets registration fees applicable to participating states.
This bill authorizes DOT to participate in the unified carrier registration system and to impose registration fees on motor carriers, including private motor carriers, brokers, freight forwarders, leasing companies, and exempt for-hire motor carriers. These fees are established by DOT rule, consistent with federal law. The bill also allows DOT to continue to participate in the single-state insurance registration system for as long as this system continues to be authorized under federal law, but prohibits DOT from simultaneously participating in both the single-state insurance registration system and the unified carrier registration system.
For further information see the state 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:
SECTION 1. 194.23 (1) of the statutes is amended to read:
194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.
SECTION 2. 194.34 (1) of the statutes is amended to read:
194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.
SECTION 3. 194.407 of the statutes is created to read:
194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.
(2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.
SECTION 4. 194.41 (1) of the statutes is amended to read:
194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.
(End)
LRB-0006LRB-0006/1
BAB:kjf&wlj:sh
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0037 - Registration plate reissuance
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: registration plate reissuance.
Analysis by the Legislative Reference Bureau
transportation
Drivers and motor vehicles
Current law requires DOT to establish new designs for most vehicle registration plates every ten years and to issue the new plates on a rolling basis as vehicle registrations are renewed by the vehicle owners.
This bill eliminates the requirements that DOT establish new designs for registration plates and reissue registration plates on an established schedule.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 341.135 of the statutes is repealed.
(End)
LRB-0011LRB-0011/6
ARG:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0188 - Implementing national Driver License Agreement
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: driver licensing changes to implement the national Driver License Agreement, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
transportation
Drivers and motor vehicles
This bill requires the state, through DOT, to enter into the national Driver License Agreement (DLA) that establishes standards for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process. The DLA is developed, facilitated, and promoted by the American Association of Motor Vehicle Administrators. The general purpose statement of the DLA espouses the national interest that all states participate in a reciprocal program of cooperation to promote highway safety, to provide for the fair and impartial treatment of drivers operating within their respective borders, and to implement minimum identification and security standards for operator's licenses and identification cards. The DLA identifies its core principles as including the following: cooperation among all states to promote compliance with traffic citations in all states; reciprocal recognition of operator's licenses and offenses among states; recognition by all states of one operator's license and one driver control record for each driver; utilization of identity verification processes in issuing operator's licenses and identification cards; consistent treatment of traffic offenses and other offenses among states for purposes of driver control records and penalties; and uniformity among states concerning the exchange of operator's license, identification card, conviction, and other records and data.
The DLA requires all participating states to recognize certain kinds of violations relating mostly to operating motor vehicles and the administrative actions taken in response to those violations, such as suspension or revocation of a person's operating privilege by the appropriate state agency (DLA Code violations). Under the DLA, when a person who is licensed in one state that is a party to the DLA commits a DLA Code violation in another party state, the licensing state takes any administrative action in response to the violation, based on information provided by the state in which the violation occurred. Any administrative action by a party state is recognized by all other party states. The DLA also generally provides that records concerning a licensed driver are maintained only by the licensing state.
This bill requires DOT to promulgate rules that identify the violations and administrative actions under this state's laws that the DLA requires to be recognized as DLA Code violations and that describe the equivalent violations and administrative actions under the laws of other member states that DOT must recognize as DLA Code violations when the offense is not committed in this state.
Current law allows or requires DOT or a court, in a variety of circumstances, to suspend or revoke the operating privilege of any person, whether a resident or nonresident, who commits specified offenses in this state. In addition, in a variety of circumstances, current law allows or requires DOT to suspend or revoke the operating privilege of a resident for committing specified offenses in other jurisdictions and allows or requires DOT or a court to treat convictions in other jurisdictions as prior offenses. DOT may or must suspend or revoke the operating privilege of a nonresident, except with respect to a commercial driver license (CDL), upon receiving notice of a conviction for certain offences in another jurisdiction.
This bill substantially modifies, to correspond to the state's joinder of the DLA, the procedure for DOT's administrative suspensions and revocations of motor vehicle operating privileges. Under the bill, DOT may generally suspend or revoke the operating privilege only of persons who hold an operator's license issued by DOT or are residents of this state and do not hold an operator's license issued by another jurisdiction (Wisconsin licensees or residents). A nonresident who commits a violation in this state is generally subject to the penalty provided for the violation except that, in lieu of suspension or revocation of the nonresident's operating privilege in this state, notice is provided to the person's state of licensure or residency. However, if the nonresident's state of licensure or residency is not a member of the DLA, or if the offense is not a DLA code violation, DOT may suspend or revoke the nonresident's operating privilege. The bill also allows certain offenses committed in other jurisdictions that, if committed in this state, would have been violations in this state to be grounds for suspension or revocation by DOT and to be counted as prior violations for purposes of court-ordered suspensions or revocations.
Under the bill, although a nonresident is technically disqualified as a matter of law from operating a commercial motor vehicle (CMV) upon conviction of specified offenses related to a CMV or CDL, the nonresident is not ordered administratively disqualified by DOT, and DOT does not record the disqualification of the nonresident in DOT's driver records unless required to do so by federal law. If DOT receives a record of conviction of a nonresident for an offense not required by federal law to be recorded in DOT's records, DOT must provide notice of the conviction and disqualification as a matter of law to the person's jurisdiction of licensure or residency. The bill also adds certain convictions in other jurisdictions that may result in disqualification. The bill allows certain offenses committed in other jurisdictions that, if committed in this state would have been violations in this state, to be grounds for disqualification.
Under current law, upon conviction of a person for a traffic violation or other specified violation, the court must forward the record of conviction to DOT, and DOT must maintain a file for the person containing a record of any such report of conviction. Also, under current law, DOT must maintain a record of every application for license, permit, or endorsement received by it and of every suspension, revocation, cancellation, and disqualification by DOT. DOT must also maintain a file for each licensee or other person that includes the application for license, permit, or endorsement, a record of reports or abstract of convictions, the status of the person's authorization to operate different vehicle groups, a record of out-of-service orders, and a record of reportable accidents (driver record). The driver record must also include, for a person holding a CDL issued by DOT, a record of certain disqualifications from operating a CMV or revocations, suspensions, or cancellations by another jurisdiction of the person's CDL and a record of certain traffic violations in other jurisdictions, and, for a person holding a CDL issued by any jurisdiction, a record of any violation of a traffic law in any jurisdiction while operating any motor vehicle, not just a CMV.
