SB2,52,3
5(2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall
6require, as a precondition to allowing access to any information system in which is
7stored information maintained by the division of the department responsible for
8issuing operator's licenses and identification cards, that any person to whom access
9is granted submit to a background investigation as provided in this subsection.
10Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the
11employer, including any state agency, of any person to whom the information will be
12made available to conduct the background investigation in a manner prescribed by
13the department. The department may require, as part of this background
14investigation, that the person be fingerprinted in the manner described in sub. (1)
15(a) and that these fingerprints be provided to the department of justice for
16submission to the federal bureau of investigation for the purposes of verifying the
17identity of the person fingerprinted and obtaining records of his or her criminal
18arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the
19department shall require that the employer certify the results of the background
20investigation and, based upon these results, may deny or restrict access to any
21information requested. In addition to the initial background investigation required
22under this subsection, the department may require on a periodic basis subsequent
23background investigations consistent with this subsection for persons with ongoing
24access to information. Any cost associated with the requirements under this
25subsection is the responsibility of the employer. For purposes of this subsection,
1"employer" includes a self-employed person. The department shall promulgate
2rules governing background investigations, and confidentiality of information
3obtained, under this subsection.
SB2, s. 32
4Section
32. 110.20 (7) of the statutes is amended to read:
SB2,52,85
110.20
(7) Voluntary inspections. The inspection and maintenance program
6shall require inspection of any nonexempt vehicle which a person presents for
7inspection at an inspection station
or at any other location where, as established
8under sub. (8) (bm), the vehicle may be inspected.
SB2, s. 33
9Section
33. 110.20 (8) (title) of the statutes is amended to read:
SB2,52,1010
110.20
(8) (title)
Contractors and other inspection methods.
SB2, s. 34
11Section
34. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20
12(8) (am) 1., as renumbered, is amended to read:
SB2,52,2413
110.20
(8) (am) 1. The emissions test and equipment inspection of nonexempt
14vehicles
shall may be performed by persons under contract with the department.
The 15Each such contract shall require the contractor to operate inspection stations for a
16minimum of 3 years and shall provide for equitable compensation to the contractor
17if the operation of an inspection and maintenance program within any county is
18terminated within 3 years after the inspection and maintenance program in the
19county is begun. No officer, director or employee of the contractor may be an
20employee of the department or a person engaged in the business of selling,
21maintaining or repairing motor vehicles or of selling motor vehicle replacement or
22repair parts. The department shall require the contractor to operate a sufficient
23number of inspection stations, permanent or mobile, to ensure public convenience in
24those counties identified under sub. (5).
SB2, s. 35
25Section
35. 110.20 (8) (am) 1m. of the statutes is created to read:
SB2,53,5
1110.20
(8) (am) 1m. Each contract under subd. 1. may authorize or require the
2contractor to install and operate self-service inspection stations and may allow the
3use of different methods for emissions testing and equipment inspection, consistent
4with methods established under par. (bm), than those used at inspection stations
5that are not self-service.
SB2, s. 36
6Section
36. 110.20 (8) (bm) of the statutes is created to read:
SB2,53,167
110.20
(8) (bm) The department may establish methods for emissions testing
8and equipment inspection of nonexempt vehicles in addition to testing and
9inspection by contractors. These methods may include the installation and operation
10by the department of self-service inspection stations and the utilization of any
11technology related to emissions or data transmission with which motor vehicles may
12be equipped. The department may establish methods for emissions testing and
13equipment inspection specifically applicable to self-service inspection stations,
14which methods shall apply equally to self-service inspection stations operated by
15contractors under par. (am) 1m. and self-service inspection stations operated by the
16department under this paragraph.
SB2, s. 37
17Section
37. 110.20 (9) (k) of the statutes is created to read:
SB2,53,1918
110.20
(9) (k) Prescribe a procedure for any method for emissions testing and
19equipment inspection established under sub. (8) (bm).
SB2, s. 38
20Section
38. 110.20 (10m) of the statutes is amended to read:
SB2,54,421
110.20
(10m) Reinspection. The owner of a nonexempt vehicle inspected under
22this section is entitled, if the inspection determines that any applicable emission
23limitation is exceeded, to one reinspection of the same vehicle at any inspection
24station within this state
operated by a contractor under sub. (8) (am), or at any other
25location where, as established under sub. (8) (bm), the vehicle was initially inspected,
1if the reinspection takes place within 30 days after the initial inspection or the owner
2presents satisfactory evidence that the repairs and adjustments which were
3performed on the vehicle could not have been made within 30 days of the initial
4inspection.
SB2, s. 39
5Section
39. 110.20 (11) of the statutes is amended to read:
SB2,54,126
110.20
(11) Inspection tests; results. (a)
The A contractor shall perform the
7tests required under the federal act
, and any testing and inspection method
8established under sub. (8) (bm) shall include the tests required under the federal act.
9The tests shall include one of the approved short tests required by the federal act to
10determine compliance with applicable emission limitations for carbon monoxide,
11hydrocarbons and oxides of nitrogen. The department may require
the contractor 12contractors to provide information on the fuel efficiency of the motor vehicle.
SB2,54,2213
(b) The department shall require
the each contractor to furnish the results of
14the emissions inspection in writing to the person presenting the vehicle for
15inspection before he or she departs from the inspection station.
For emissions
16inspections not conducted by a contractor, the department shall require any testing
17and inspection method established under sub. (8) (bm) to include the
18contemporaneous furnishing of the results of the emissions inspection in writing to
19the person having the vehicle inspected. If the inspection shows that the vehicle does
20not comply with one or more applicable emissions limitations, the results shall
21include, to the extent possible, a description of the noncompliance and the
22adjustments or repairs likely to be needed for compliance.
SB2, s. 40
23Section
40. 110.21 of the statutes is amended to read:
SB2,55,4
24110.21 Education and training related to motor vehicle emissions. The
25department and its contractors under s. 110.20 (8)
(am) shall conduct a program of
1public education related to the motor vehicle emission and equipment inspection and
2maintenance program established under s. 110.20 (6). The program under s. 110.20
3(6) may include a pilot project of motor vehicle emissions inspections for those owners
4who elect to present their motor vehicles for inspection.
SB2, s. 2665g
5Section 2665g. 114.09 (title) of the statutes is amended to read:
SB2,55,6
6114.09 (title)
Reckless Intoxicated and reckless flying; penalty.
SB2, s. 2665h
7Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a)
8(intro.) and amended to read:
SB2,55,99
114.09
(1) (a) (intro.) In this subsection
, "drug":
SB2,55,10
101. "Drug" has the meaning specified in s. 450.01 (10).
SB2, s. 2665j
11Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:
SB2,55,1412
114.09
(1) (a) 2. "Prohibited alcohol concentration" means an alcohol
13concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00
14if there is a passenger in the aircraft.
SB2, s. 2665L
15Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1.
16and amended to read:
SB2,55,2317
114.09
(1) (b) 1. No person may operate an aircraft in the air or on the ground
18or water while under the influence of intoxicating liquor or controlled substances or
19controlled substance analogs under ch. 961 or a combination thereof, under the
20influence of any other drug to a degree which renders him or her incapable of safely
21operating an aircraft, or under the combined influence of intoxicating liquor and any
22other drug to a degree which renders him or her incapable of safely operating an
23aircraft
, nor.
SB2,56,3
242. No person may operate an aircraft in the air or on the ground or water in a
25careless or reckless manner so as to endanger the life or property of another. In
1determining whether the operation was careless or reckless the court shall consider
2the standards for safe operation of aircraft prescribed by federal statutes or
3regulations governing aeronautics.
SB2,56,6
43. The court shall make a written report of all convictions, including bail or
5appearance money forfeitures, obtained under this section to the department, which
6shall send the report to the proper federal agency.
SB2, s. 2665n
7Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:
SB2,56,98
114.09
(1) (b) 1m. No person may operate an aircraft in the air or on the ground
9if the person has a prohibited alcohol concentration.
SB2, s. 2665r
10Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:
SB2,56,1111
114.09
(2) (a) Any person violating sub. (1) (b) 1. or 1m.:
SB2,56,1312
1. Shall forfeit not less than $150 nor more than $300, except as provided in
13subs. 6. and 7.
SB2,56,1914
2. Except as provided in subd. 6., shall be fined not less than $350 nor more than
15$1,100 and imprisoned for not less than 5 days nor more than 6 months if the number
16of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
17number of suspensions, revocations, and other convictions counted under s. 343.307
18(1) within a 10-year period, equals 2, except that suspensions, revocations, or
19convictions arising out of the same incident or occurrence shall be counted as one.
SB2,57,220
3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
21more than $2,000 and imprisoned for not less than 30 days nor more than one year
22in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
23person's lifetime, plus the total number of suspensions, revocations, and other
24convictions counted under s. 343.307 (1), equals 3, except that suspensions,
1revocations, or convictions arising out of the same incident or occurrence shall be
2counted as one.
SB2,57,93
4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
4more than $2,000 and imprisoned for not less than 60 days nor more than one year
5in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
6person's lifetime, plus the total number of suspensions, revocations, and other
7convictions counted under s. 343.307 (1), equals 4, except that suspensions,
8revocations, or convictions arising out of the same incident or occurrence shall be
9counted as one.
SB2,57,1510
5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall
11be fined not less than $600 and imprisoned for not less than 6 months if the number
12of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
13number of suspensions, revocations, and other convictions counted under s. 343.307
14(1), equals 5 or more, except that suspensions, revocations, or convictions arising out
15of the same incident or occurrence shall be counted as one.
SB2,57,2216
6. If there was a minor passenger under 16 years of age in the aircraft at the
17time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the
18applicable minimum and maximum forfeitures, fines, or imprisonment under subd.
191., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or
201m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor
21passenger under 16 years of age in the aircraft is a felony and the place of
22imprisonment shall be determined under s. 973.02.
SB2,57,2423
7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the
24applicable minimum and maximum fines under subd. 3. to 5. are doubled.
SB2,58,2
1b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
2applicable minimum and maximum fines under subd. 3. to 5. are tripled.
SB2,58,43
c. If a person convicted had an alcohol concentration of 0.25 or above, the
4applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.
SB2,58,105
(b) In par. (a) 1. to 5., the time period shall be measured from the dates of the
6refusals or violations that resulted in the revocation or convictions. If a person has
7a suspension, revocation, or conviction for any offense under a local ordinance or a
8state statute of another state that would be counted under s. 343.307 (1), that
9suspension, revocation or conviction shall count as a prior suspension, revocation, or
10conviction under par. (a) 1. to 5.
SB2,58,1711
(bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person
12violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an
13approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the
14person's use of alcohol, controlled substances, or controlled substance analogs and
15development of an airman safety plan for the person. The court shall notify the
16person, the department, and the proper federal agency of the assessment order. The
17assessment order shall:
SB2,58,2418
a. If the person is a resident, refer the person to an approved public treatment
19facility in the county in which the person resides. The facility named in the order
20may provide for assessment of the person in another approved public treatment
21facility. The order shall provide that, if the person is temporarily residing in another
22state, the facility named in the order may refer the person to an appropriate
23treatment facility in that state for assessment and development of an airman safety
24plan for the person satisfying the requirements of that state.
SB2,59,5
1b. If the person is a nonresident, refer the person to an approved public
2treatment facility in this state. The order shall provide that the facility named in the
3order may refer the person to an appropriate treatment facility in the state in which
4the person resides for assessment and development of an airman safety plan for the
5person satisfying the requirements of that state.
SB2,59,126
c. Require a person who is referred to a treatment facility in another state
7under subd. 1. a. or b. to furnish the department written verification of his or her
8compliance from the agency that administers the assessment and airman safety plan
9program. The person shall provide initial verification of compliance within 60 days
10after the date of his or her conviction. The requirement to furnish verification of
11compliance may be satisfied by receipt by the department of such verification from
12the agency that administers the assessment and airman safety plan program.
SB2,59,1613
2. The department of health and family services shall establish standards for
14assessment procedures and the airman safety plan programs by rule. The
15department of health and family services shall establish by rule conflict of interest
16guidelines for providers.
SB2,59,2417
3. Prior to developing a plan that specifies treatment, the facility shall make
18a finding that treatment is necessary and appropriate services are available. The
19facility shall submit a report of the assessment and the airman safety plan within
2014 days to the county department under s. 51.42, the plan provider, the department
21of transportation, the appropriate federal agency, and the person, except that, upon
22request by the facility and the person, the county department may extend the period
23for assessment for not more than 20 additional workdays. The county department
24shall notify the department of transportation regarding any such extension.
SB2,60,11
14. The assessment report shall order compliance with an airman safety plan.
2The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The
3safety plan may include a component that makes the person aware of the effect of his
4or her offense on a victim and a victim's family. The safety plan may include
5treatment for the person's misuse, abuse, or dependence on alcohol, controlled
6substances, or controlled substance analogs. If the plan requires inpatient
7treatment, the treatment shall not exceed 30 days. An airman safety plan under this
8paragraph shall include a termination date consistent with the plan that shall not
9extend beyond one year. The county department under s. 51.42 shall assure
10notification of the department of transportation and the person of the person's
11compliance or noncompliance with assessment and treatment.
SB2,60,1212
(c) Any person violating sub. (1) (b) 2.:
SB2,60,1413
1. May be required to forfeit not less than $25 nor more than $200, except as
14provided in subd. 2.
SB2,60,1815
2. May be fined not less than $50 nor more than $500 or imprisoned for not more
16than one year in the county jail or both if the total of convictions under sub. (1) (b)
172. equals 2 or more in a 4-year period. The 4-year period shall be measured from
18the dates of the violations that resulted in the convictions.
SB2, s. 41
19Section
41. 194.23 (1) of the statutes is amended to read:
SB2,61,320
194.23
(1) No person may operate any motor vehicle as a common motor carrier
21unless the person first obtains a certificate and, if required under this chapter, a
22permit issued by the department, or unless the person is registered by another state
23under a single-state
or unified carrier registration system consistent with the
24standards under
, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the
25operation of the vehicle, except that no permit is required for the operation of a
1semitrailer. The department may issue or refuse to issue any certificate. The
2department may attach to the exercise of the privilege granted by a certificate any
3terms or conditions which are permitted under this chapter.
SB2, s. 42
4Section
42. 194.34 (1) of the statutes is amended to read:
SB2,61,135
194.34
(1) No person may operate any motor vehicle as a contract motor carrier
6unless the person first obtains a license and, if required under this chapter, a permit
7issued by the department, or unless the person is registered by another state under
8a single-state
or unified carrier registration system consistent with the standards
9under
, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation
10of the motor vehicle, except that no permit is required for the operation of a
11semitrailer. The department may refuse to issue any license or may attach to the
12exercise of the privilege granted by a license any terms or conditions which are
13permitted under this chapter.
SB2, s. 43
14Section
43. 194.407 of the statutes is created to read:
SB2,61,20
15194.407 Unified carrier registration system. (1) The department may
16participate in and do all things necessary to implement and administer a unified
17carrier registration system for motor carriers, including private motor carriers, in
18accordance with
49 USC 13908 and
14504a. The department may, consistent with
19federal law, establish by rule an annual fee under this section for a motor vehicle that
20is operated in this state and that is subject to the unified carrier registration system.
SB2,61,23
21(2) The department may not administer both an insurance registration system
22for motor carriers under s. 194.405 and a registration system for motor carriers
23under this section.
SB2, s. 44
24Section
44. 194.41 (1) of the statutes is amended to read:
SB2,63,6
1194.41
(1) No permit or vehicle registration may be issued to a common motor
2carrier of property, contract motor carrier, or rental company, no permit or vehicle
3registration may remain in force to operate any motor vehicle under the authority
4of this chapter, and no vehicle registration may be issued or remain in force for a
5semitrailer unless the carrier or rental company has on file with the department and
6in effect an approved certificate for a policy of insurance or other written contract in
7such form and containing such terms and conditions as may be approved by the
8department issued by an insurer authorized to do a surety or automobile liability
9business in this state under which the insurer assumes the liability prescribed by
10this section with respect to the operation of such motor vehicles. The certificate or
11other contract is subject to the approval of the department and shall provide that the
12insurer shall be directly liable for and shall pay all damages for injuries to or for the
13death of persons or for injuries to or destruction of property that may be recovered
14against the owner or operator of any such motor vehicles by reason of the negligent
15operation thereof in such amount as the department may require. Liability may be
16restricted so as to be inapplicable to damage claims on account of injury to or
17destruction of property transported, but the department may require, and with
18respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall
19require, a certificate or other contract protecting the owner of the property
20transported by carriers from loss or damage in the amount and under the conditions
21as the department may require. No permit or vehicle registration may be issued to
22a common motor carrier of passengers by any motor vehicle, or other carrier of
23passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a)
24and (d), and no permit or vehicle registration may remain in force to operate any
25motor vehicle unless it has on file with the department a like certificate or other
1contract in the form and containing the terms and conditions as may be approved by
2the department for the payment of damages for injuries to property and injuries to
3or for the death of persons, including passengers, in the amounts as the department
4may require. This subsection does not apply to a motor carrier that is registered by
5another state under a single-state
or unified carrier registration system consistent
6with the standards under
, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.
SB2, s. 45
7Section
45. 285.30 (5) (a) of the statutes is amended to read:
SB2,63,88
285.30
(5) (a) A motor vehicle of a model year of
1967 1995 or earlier.
SB2, s. 46
9Section
46. 285.30 (5) (b) of the statutes is amended to read:
SB2,63,1410
285.30
(5) (b) A motor vehicle
with
of a model year of 2006 or earlier that has 11a gross vehicle weight rating exceeding
10,000 8,500 pounds, as determined by the
12manufacturer of the vehicle
, and a motor vehicle of a model year of 2007 or later that
13has a gross vehicle weight rating exceeding 14,000 pounds, as determined by the
14manufacturer of the vehicle.
SB2, s. 47
15Section
47. 285.30 (5) (d) of the statutes is amended to read:
SB2,63,1716
285.30
(5) (d) A motor vehicle
of a model year of 2006 or earlier that is powered
17by diesel fuel.
SB2, s. 3190m
18Section 3190m. 340.01 (3) (dg) of the statutes is created to read:
SB2,63,2319
340.01
(3) (dg) Privately owned motor vehicles being used by an organ
20procurement organization, or by any person under an agreement with an organ
21procurement organization, to transport organs for human transplantation or to
22transport medical personnel for the purpose of performing human organ harvesting
23or transplantation immediately after the transportation.
SB2, s. 3190p
24Section 3190p. 340.01 (3) (dh) of the statutes is created to read:
SB2,64,8
1340.01
(3) (dh) Privately owned motor vehicles being operated in the course of
2a business and being used, in response to an emergency call from a treating physician
3or his or her designee declaring the transportation to be an emergency, to transport
4medical devices or equipment to a hospital or ambulatory surgery center, or to pick
5up medical devices or equipment for immediate transportation to a hospital or
6ambulatory surgery center, if the medical devices or equipment are to be used for
7human implantation or for urgent medical treatment immediately after the
8transportation.
SB2, s. 48
9Section
48. 341.25 (1) (a) of the statutes is amended to read:
SB2,64,1210
341.25
(1) (a) For each automobile, a fee of
$55 $75, except that an automobile
11registered in this state prior to September 1, 1947, at a fee of less than $18 shall be
12registered at such lesser fee plus an additional fee of $2.
SB2, s. 49
13Section
49. 341.25 (2) (a) of the statutes is amended to read:
SB2,64,1414
341.25
(2) (a) Not more than 4,500$
48.50 75.00
SB2, s. 50
15Section
50. 341.25 (2) (b) of the statutes is amended to read:
SB2,64,1616
341.25
(2) (b) Not more than 6,000
61.50 84.00
SB2, s. 51
17Section
51. 341.25 (2) (c) of the statutes is amended to read:
SB2,64,1818
341.25
(2) (c) Not more than 8,000
77.50 106.00
SB2, s. 3209b
19Section 3209b. 341.25 (2) (cm) to (q) of the statutes are amended to read:
SB2,64,2020
341.25
(2) (cm) Not more than 10,000
119.50 131.00
SB2,64,2121
(d) Not more than 12,000
161.00 177.00
SB2,64,2222
(e) Not more than 16,000
218.00 240.00
SB2,64,2323
(f) Not more than 20,000
274.00 301.00
SB2,64,2424
(g) Not more than 26,000
365.50 402.00
SB2,64,2525
(h) Not more than 32,000
468.50 515.00