Amendment ASA1-AB75

AB75-ASA1, s. 2916je Section 2916je. 343.07 (1j) of the statutes is created to read:

AB75-ASA1,1470,11 343.07 (1j) Permit for driver card applicants. Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain a driver card under s. 343.09 and has passed such knowledge test as the department may require, the department may issue a driver card instruction permit. The permit entitles the permittee to operate a "Class D" vehicle upon the highways. A permittee under this subsection is subject to all of the restrictions specified in sub. (1g) (a) to (e), except that, with respect to sub. (1g) (a) (intro.), a permittee under this subsection may be accompanied by a person who holds a driver card issued under s. 343.09 or by a person who holds a valid regular license. An applicant under this subsection is subject to all applicable fees specified in s. 343.21 (1). A driver card instruction permit shall satisfy all requirements for driver cards specified in s. 343.09 (2) and any provision specified in s. 343.09 (6) shall not apply with respect to a driver card instruction permit.

AB75-ASA1, s. 2916jm Section 2916jm. 343.07 (7) (a) and (b) of the statutes are amended to read:

AB75-ASA1,1470,16 343.07 (7) (a) Notwithstanding s. 343.43 (1) (d) and (3m), any person who violates sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2. shall be required to forfeit $50 for the first offense and not less than $50 nor more than $100 for each subsequent offense.

AB75-ASA1,1470,19 (b) Upon receiving notice of a person's conviction for a violation of sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2., the department shall notify any adult sponsor who has signed for the person under s. 343.15 (1) of the conviction.

AB75-ASA1, s. 2916js Section 2916js. 343.085 (2m) (a) 1. b. of the statutes is amended to read:

AB75-ASA1,1470,22 343.085 (2m) (a) 1. b. A person who meets the requirements under s. 343.07 (1g) (a) or (1j).

AB75-ASA1, s. 2916k Section 2916k. 343.09 of the statutes is created to read:

AB75-ASA1,1471,3 343.09 Driver cards. (1) Except as provided in s. 343.06 (1) (a) to (k) and (m), the department shall issue a driver card to any applicant who meets all of the following requirements:

AB75-ASA1,1471,7 (a) Notwithstanding s. 343.085 (1) (b), the applicant is at least 18 years of age, unless the applicant has held an instruction permit issued under s. 343.07 (1j) for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation resulting in a conviction.

AB75-ASA1,1471,9 (b) The applicant meets all requirements under s. 343.16 (1) (a) for issuance of an operator's license authorizing operation of "Class D" vehicles.

AB75-ASA1,1471,10 (c) The applicant provides proof of identity.

AB75-ASA1,1471,12 (d) The applicant provides proof that he or she has been a resident for at least 6 months.

AB75-ASA1,1471,14 (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er).

AB75-ASA1,1471,16 (f) The applicant provides a valid individual taxpayer identification number issued by the federal Internal Revenue Service.

AB75-ASA1,1471,17 (g) The applicant is not eligible to receive a social security number.

AB75-ASA1,1471,18 (h) The applicant has paid all applicable fees.

AB75-ASA1,1471,25 (2) Driver cards shall clearly state on their face in bold lettering, and shall also be encoded in the cards' machine readable zone, that they may not be accepted by any federal agency for federal identification or any other official purpose. Driver cards shall have a unique design or color indicator that clearly distinguishes them from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that they may not be accepted for federal identification or any other official purpose.

AB75-ASA1,1472,3 (3) A driver card issued under this section authorizes the operation of only "Class D" vehicles and may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2).

AB75-ASA1,1472,10 (4) Notwithstanding s. 343.20 (1) (a), a driver card issued under this section shall expire 2 years from the date of the applicant's last birthday and, upon renewal, shall expire 2 years from the driver card's last expiration date. Notwithstanding the 8-year period specified in ss. 343.14 (3) and 343.16 (3) (a), a driver card may not be renewed unless the applicant, every 2 years, passes the eyesight examination specified in s. 343.16 (3) (a) and has his or her photograph taken as provided in s. 343.14 (3).

AB75-ASA1,1472,12 (5) An applicant under this section is subject to the full applicable fees specified in s. 343.21 (1), without proration based upon the valid period of the driver card.

AB75-ASA1,1472,17 (6) Sections 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er), 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB75-ASA1,1472,22 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a).

AB75-ASA1, s. 2916r Section 2916r. 343.09 (1) (e), (6) and (7) of the statutes, as created by 2009 Wisconsin Act .... (this act), are amended to read:

AB75-ASA1,1473,3 343.09 (1) (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er) (es) or otherwise satisfy the requirements under s. 343.165.

AB75-ASA1,1473,8 (6) Sections 343.03 (3m), 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er) (es), 343.165, 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB75-ASA1,1473,16 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a). The department may not promulgate any rule that has the effect of imposing document storage and verification requirements similar to those under s. 343.165 in connection with the issuance of driver cards or driver card instruction permits.

AB75-ASA1, s. 2917 Section 2917. 343.15 (4) (a) 3. of the statutes is amended to read:

AB75-ASA1,1473,20 343.15 (4) (a) 3. A person who is a ward of the state, county, or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.

AB75-ASA1, s. 2917g Section 2917g. 343.16 (1) (a) of the statutes is amended to read:

AB75-ASA1,1475,6 343.16 (1) (a) General. The Except when examination by a 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person applying for authorization to operate "Class M" vehicles who has successfully completed a basic rider course approved by the department to hold an instruction permit under s. 343.07 (4) prior to the department's issuance of a license authorizing the operation of "Class M" vehicles. The department may not require a person applying for authorization to operate "Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB75-ASA1, s. 2917r Section 2917r. 343.16 (1) (b) (intro.) of the statutes is amended to read:

AB75-ASA1,1475,16 343.16 (1) (b) Third-party testing for commercial motor vehicle and school bus operators. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h), and abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester under this paragraph shall include all of the following provisions:

AB75-ASA1, s. 2918 Section 2918. 343.16 (1) (b) 2. of the statutes is amended to read:

AB75-ASA1,1475,21 343.16 (1) (b) 2. The department, the applicable federal highway administration agency, or its a representative of the applicable federal agency may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB75-ASA1, s. 2918m Section 2918m. 343.16 (1) (bm) of the statutes is created to read:

AB75-ASA1,1476,3 343.16 (1) (bm) Third-party testing for other vehicle operators. The department may contract with any law enforcement agency, other than a local law enforcement agency of a municipality in which an examining station of the department is located, to administer knowledge, driving skills, and eyesight tests required by par. (a) and sub. (2) (b) and (c) for authorization to operate "Class D" vehicles. A contract with a 3rd-party tester under this paragraph shall include all of the following provisions:

AB75-ASA1,1476,5 1. All tests conducted by the 3rd-party tester shall be the same as those given by the department.

AB75-ASA1,1476,7 2. The department or its representative may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB75-ASA1,1476,12 3. The department may conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for operators' licenses to operate "Class D" vehicles. The department may also evaluate testing given by the 3rd-party tester by one of the following means:

AB75-ASA1,1476,14 a. Department employees may take the tests actually administered by the 3rd-party tester as if the department employees were applicants.

AB75-ASA1,1476,16 b. The department may retest a sample of drivers who were tested by the 3rd-party tester to compare the pass and fail results.

AB75-ASA1,1476,21 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the knowledge, driving skills, and eyesight tests required by par. (a) and sub. (2) (b) and (c) for authorization to operate "Class D" vehicles.

AB75-ASA1,1477,2 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for testing for operators' licenses to operate "Class D" vehicles or with any provision of the contract, including immediate termination of testing by the 3rd-party tester.

AB75-ASA1, s. 2920g Section 2920g. 343.17 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1477,7 343.17 (1) License issuance. Subject to s. ss. 343.09 and 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.

AB75-ASA1, s. 2920r Section 2920r. 343.17 (3) (a) 14. of the statutes is created to read:

AB75-ASA1,1477,10 343.17 (3) (a) 14. For a driver card issued under s. 343.09, the information specified in s. 343.09 (2).

AB75-ASA1, s. 2920t Section 2920t. 343.19 (1) of the statutes is amended to read:

AB75-ASA1,1477,25 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If Except with respect to a driver card or driver card instruction permit, if the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB75-ASA1, s. 2920u Section 2920u. 343.19 (1) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,1478,15 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. Except with respect to a driver card or driver card instruction permit, if the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department.

AB75-ASA1, s. 2921 Section 2921. 343.20 (2) (b) of the statutes is amended to read:

AB75-ASA1,1478,25 343.20 (2) (b) Notwithstanding par. (a), at least 180 60 days prior to the expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of transportation shall mail a notice to the last-known address of the licensee that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 90 30 days before expiration of the endorsement.

AB75-ASA1, s. 2922 Section 2922. 343.21 (1) (n) of the statutes is amended to read:

AB75-ASA1,1479,5 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a federal security verification mandate license issuance fee of $10.

AB75-ASA1, s. 2923 Section 2923. 343.23 (2) (b) of the statutes is amended to read:

AB75-ASA1,1480,6 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and, (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

AB75-ASA1, s. 2924 Section 2924. 343.23 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,1481,9 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

AB75-ASA1, s. 2925 Section 2925. 343.23 (4) (a) of the statutes is amended to read:

AB75-ASA1,1481,16 343.23 (4) (a) Any Notwithstanding subs. (1) and (2) (b), any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge arising out of that incident or occurrence, except that the record of an administrative suspension for a person holding a commercial driver license may be purged only upon receipt of a court order.

AB75-ASA1, s. 2926 Section 2926. 343.24 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,1481,20 343.24 (2) (intro.) The Except as provided in pars. (b) and (c), the department shall charge the following fees to any person for conducting searches of vehicle operators' records:

AB75-ASA1, s. 2927 Section 2927. 343.24 (2) (b) of the statutes is amended to read:

AB75-ASA1,1481,23 343.24 (2) (b) For each computerized search, $5. The department may not charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).

AB75-ASA1, s. 2928 Section 2928. 343.24 (2) (c) of the statutes is amended to read:

AB75-ASA1,1482,3 343.24 (2) (c) For each search requested by telephone, $6, or an established monthly service rate determined by the department. The department may not charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).

AB75-ASA1, s. 2929 Section 2929. 343.24 (2) (d) of the statutes is created to read:

AB75-ASA1,1482,5 343.24 (2) (d) For providing a paper copy of an abstract, $2.

AB75-ASA1, s. 2930 Section 2930. 343.245 (4) (b) of the statutes is amended to read:

AB75-ASA1,1482,9 343.245 (4) (b) Any person who violates sub. (3) (b) shall be fined not less than $2,500 $2,750 nor more than $10,000 $25,000 or imprisoned for not more than 90 days or both.

AB75-ASA1, s. 2931 Section 2931. 343.315 (1) of the statutes is renumbered 343.315 (1m).

AB75-ASA1, s. 2932 Section 2932. 343.315 (1g) of the statutes is created to read:

AB75-ASA1,1482,13 343.315 (1g) Definition. In this section, "engaged in commercial motor vehicle-related activities" means all of the following:

AB75-ASA1,1482,14 (a) Operating or using a commercial motor vehicle.

AB75-ASA1,1482,19 (b) Operating or using any motor vehicle on or after September 30, 2005, if the person operating or using the vehicle has ever held a commercial driver license, has ever operated a commercial motor vehicle on a highway, or has ever been convicted of a violation related to, or been disqualified from, operating a commercial motor vehicle.

AB75-ASA1, s. 2933 Section 2933. 343.315 (2) (a) (intro.) of the statutes is amended to read:

AB75-ASA1,1483,2 343.315 (2) (a) (intro.) Except as provided in par. pars. (b) and (bm), a person shall be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of any of the following offenses, committed on or after July 1, 1987, while driving or operating a commercial motor vehicle or committed on or after September 30, 2005, while driving or operating any motor vehicle engaged in commercial motor-vehicle related activities:

AB75-ASA1, s. 2934 Section 2934. 343.315 (2) (a) 5. of the statutes is amended to read:

AB75-ASA1,1483,11 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction prohibiting refusal of a person driving or operating a motor vehicle to submit to chemical testing to determine the person's alcohol concentration or intoxication or the amount of a restricted controlled substance in the person's blood, or prohibiting positive results from such chemical testing, as those or substantially similar terms are used in that jurisdiction's laws.

AB75-ASA1, s. 2935 Section 2935. 343.315 (2) (a) 8. of the statutes is amended to read:

AB75-ASA1,1483,14 343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.

AB75-ASA1, s. 2936 Section 2936. 343.315 (2) (am) of the statutes is created to read:

AB75-ASA1,1483,20 343.315 (2) (am) Except as provided in par. (b), a person shall be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of causing a fatality through negligent or criminal operation of a motor vehicle, committed on or after July 1, 1987, and before September 30, 2005, while driving or operating any motor vehicle.

AB75-ASA1, s. 2937 Section 2937. 343.315 (2) (b) of the statutes is amended to read:

AB75-ASA1,1484,2 343.315 (2) (b) If any of the violations listed in par. (a) or (am) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73 on or after July 1, 1987, the person shall be disqualified from operating a commercial motor vehicle for a 3-year period.

AB75-ASA1, s. 2938 Section 2938. 343.315 (2) (bm) of the statutes is created to read:

AB75-ASA1,1484,7 343.315 (2) (bm) The period of disqualification under par. (a) for a disqualification imposed under par. (a) 5. shall be reduced by any period of suspension, revocation, or disqualification under this chapter previously served for an offense if all of the following apply: