SECTION 9408. Effective dates; Children and Families.
(1) RETROACTIVE ALLOCATIONS. The treatment of section 49.175 (1) (i) (by SECTION 17) and (p) (by SECTION 19) of the statutes and the amendment of section 49.175 (1) (ze) 1. of the statutes take effect on the day after publication, or retroactively to June 30, 2009, whichever is earlier.
(End)
LRB-0320LRB-0320/1
ARG:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0014 - CDL compliance issues
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, an "out-of-service violation" is defined to mean a violation for operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under state or federal law. A person who commits an out-of-service violation is subject to a criminal penalty, a fine of not less than $1,100 nor more than $2,750 or imprisonment for not more than one year in the county jail or both.
Under this bill, a person who commits an out-of-service violation is subject to a civil penalty rather than a criminal penalty. The person must forfeit $2,500 for the first offense and $5,000 for each subsequent offense within ten years. The bill provides that an out-of-service violation also occurs if a person operates a commercial motor vehicle in this state while the person or the vehicle is ordered out-of-service under the law of another jurisdiction (usually another state) and that an out-of-service violation occurring in another jurisdiction may be counted as a prior violation in determining the applicable penalty for an offense committed in this state. The bill also clarifies that an out-of-service violation may occur when either the operator or the vehicle is ordered out-of-service and that the out-of-service violation can occur when the operator of the commercial motor vehicle either holds a commercial driver license (CDL) or is required to hold a CDL to operate the commercial motor vehicle. The bill also modifies the disqualification periods for some out-of-service violations.
Under current law, no employer may knowingly allow or authorize an employee to operate a commercial motor vehicle during any period when the employee has had his or her CDL suspended, revoked, or canceled, is disqualified, is ordered out-of-service, or does not possess a valid CDL. The penalty for violating this prohibition is a fine of not less than $2,500 nor more than $10,000 or imprisonment for not more than 90 days or both.
This bill changes the amount of the fine imposed upon an employer that violates this prohibition to an amount consistent with federal law: a minimum of $2,750 and a maximum of $25,000.
Under current law, with limited exceptions, no person may operate a vehicle transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under federal law unless the person possesses an endorsement to his or her CDL authorizing the operation of such vehicles ("H" endorsement). DOT may not issue or renew a CDL "H" endorsement unless certain requirements are met, including that the applicant has passed a security screening by the federal Transportation Security Administration (TSA) in the Department of Homeland Security. An "H" endorsement is generally valid for four years. DOT is usually required to mail a notice of license renewal at least 30 days prior to the license expiration date, but for an "H" endorsement DOT is required to mail a notice at least 180 days prior to the "H" endorsement expiration date; the notice advises that the licensee must pass a security threat assessment screening by TSA as part of the renewal process and that the licensee must commence the threat assessment screening no later than 90 days before expiration of the "H" endorsement.
This bill requires DOT to mail the notice to licensees holding an "H" endorsement at least 60 days prior to expiration of the "H" endorsement, and the notice must advise them that they must commence the TSA threat assessment screening no later than 30 days before expiration of the "H" endorsement. These new time periods are consistent with changes in federal law.
Under current law, a person must be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of certain specified offenses while operating a commercial motor vehicle and must be disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle in the commission of a drug-related felony. A person is also disqualified for a conviction of these specified offenses committed on or after September 30, 2005, while operating any motor vehicle or for using any motor vehicle on or after September 30, 2005, in the commission of a drug-related felony.
This bill provides that a person is disqualified under these circumstances while operating or using a noncommercial motor vehicle on or after September 30, 2005, only if the person holds or has held a CDL, 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.
Under current law, among the offenses for which a first conviction must result in a person's disqualification from operating a commercial motor vehicle is a conviction, on or after September 30, 2005, for causing a fatality through negligent or criminal operation of a commercial motor vehicle.
This bill provides for a one-year disqualification for a person's first conviction on or after September 30, 2005, for causing a fatality through negligent or criminal operation of any motor vehicle, not just a commercial motor vehicle, and provides for the same disqualification for such offenses committed prior to September 30, 2005.
Under current law, another offense for which a person's first conviction must result in a one-year disqualification is a refusal to take a chemical test to determine whether the person has a prohibited alcohol concentration or a restricted controlled substance in the person's blood if the refusal is subject to the law of this state or of a federally recognized American Indian tribe or of another jurisdiction.
This bill provides that a person is also disqualified for one year if the person takes such a chemical test and tests positive. However, the bill further provides that the one-year period of disqualification must be reduced by any period of suspension, revocation, or disqualification previously served for an alcohol or drug-related operating offense arising out of the same incident or occurrence giving rise to the disqualification.
Under current law, a person must be disqualified from operating a commercial motor vehicle for a period of 60 days upon the person's conviction of using a false name or knowingly making a false statement or concealing material information in an application for a CDL. Also under current law, DOT must cancel a license if DOT determines that the license was issued upon an application that contains a materially false statement or that the person has obtained the license by having another person appear to take an examination for obtaining the license.
This bill requires a person to be disqualified for 60 days if DOT cancels a person's CDL for either of these reasons.
Under current law, DOT must maintain a record of suspension, revocation, cancellation, and disqualification of an operator's license or operating privilege by DOT and must maintain an index of every person whose license or operating privilege has been suspended, revoked, or canceled, or who is disqualified, by DOT and note the reason for the action. Unless a licensee transfers residency to another state, the record of convictions for most disqualifying offenses, including offenses related to chemical testing refusals, must be maintained permanently. However, DOT must purge 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.
This bill provides that DOT may purge a record of an administrative suspension for a person holding a CDL only upon receipt of a court order, and clarifies DOT's authority to purge records of administrative suspensions under these circumstances.
Under current law, if a person who holds a CDL issued by another jurisdiction is convicted of certain motor vehicle traffic violations, or if a person who holds a non-CDL operator's license issued by another jurisdiction is convicted of operating a commercial motor vehicle without a CDL, DOT must notify the driver licensing agency of the jurisdiction that issued the license of the conviction within 30 days of the conviction.
This bill expands this notification requirement to require notice if a non-CDL holder is convicted of any of these motor vehicle traffic violations while operating a commercial motor vehicle.
Under current law, a person is disqualified from operating a commercial motor vehicle for specified periods if the person is convicted of various types of railroad crossing violations while operating a commercial motor vehicle.
This bill specifies that such railroad crossing violations include violations occurring under the law of another jurisdiction.
Under the bill, DOT may not disqualify a person from operating a commercial motor vehicle as a result of a conviction if: 1) the conviction occurs in another jurisdiction; 2) the person was not licensed in or a resident of this state at the time of the conviction; 3) the jurisdiction in which the conviction occurred disqualified the person from operating a commercial motor vehicle as a result of the conviction; and 4) the period of disqualification in that other jurisdiction has expired.
Under the bill, if DOT receives notice from another jurisdiction of a failure-to-comply violation by a person issued a CDL by DOT arising from the person's failure to appear to contest a citation issued in that jurisdiction or failure to pay a judgment entered against the person in that jurisdiction, the person is disqualified from operating a commercial motor vehicle until DOT receives notice from the other jurisdiction terminating the failure-to-comply violation, except that the disqualification may not be less than 30 days nor more than 2 years.
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. 343.03 (7) (c) of the statutes is amended to read:
343.03 (7) (c) Within 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for any such violation while operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.
SECTION 2. 343.16 (1) (b) 2. of the statutes is amended to read:
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.
SECTION 3. 343.20 (2) (b) of the statutes is amended to read:
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.
SECTION 4. 343.23 (2) (b) of the statutes is amended to read:
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.
SECTION 5. 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:
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.
SECTION 6. 343.23 (4) (a) of the statutes is amended to read:
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.
SECTION 7. 343.245 (4) (b) of the statutes is amended to read:
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.
SECTION 8. 343.315 (1) of the statutes is renumbered 343.315 (1m).
SECTION 9. 343.315 (1g) of the statutes is created to read:
343.315 (1g) DEFINITION. In this section, "engaged in commercial motor vehicle-related activities" means all of the following:
(a) Operating or using a commercial motor vehicle.
(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.
SECTION 10. 343.315 (2) (a) (intro.) of the statutes is amended to read:
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:
SECTION 11. 343.315 (2) (a) 5. of the statutes is amended to read:
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.
SECTION 12. 343.315 (2) (a) 8. of the statutes is amended to read:
343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.
SECTION 13. 343.315 (2) (am) of the statutes is created to read:
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.
SECTION 14. 343.315 (2) (b) of the statutes is amended to read:
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.
SECTION 15. 343.315 (2) (bm) of the statutes is created to read:
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:
1. The offense arises out of the same incident or occurrence giving rise to the disqualification.
2. The offense relates to a vehicle operator's alcohol concentration or intoxication or the amount of a restricted controlled substance in the operator's blood.
SECTION 16. 343.315 (2) (c) of the statutes is amended to read:
343.315 (2) (c) A person shall be disqualified for life from operating a commercial motor vehicle if convicted of 2 or more violations of any of the offenses listed in par. (a) or (am), or any combination of those offenses, arising from 2 or more separate incidents. The department shall consider only offenses committed on or after July 1, 1987, in applying this paragraph.
SECTION 17. 343.315 (2) (e) of the statutes is amended to read:
343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, or uses any motor vehicle on or after September 30, 2005, in the commission of a felony involving the manufacture, distribution, delivery, or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver, or dispense a controlled substance or controlled substance analog, the person is engaged in commercial motor vehicle-related activities. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).
SECTION 18. 343.315 (2) (f) (intro.) of the statutes is amended to read:
343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle or while driving or operating any motor vehicle if the person holds a commercial driver license. The 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means any of the following offenses committed while operating a commercial motor vehicle, or any of the following offenses committed while operating any motor vehicle if the offense results in the revocation, cancellation, or suspension of the person's operator's license or operating privilege engaged in commercial motor vehicle-related activities:
SECTION 19. 343.315 (2) (f) 2. of the statutes is amended to read:
343.315 (2) (f) 2. Violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law or any law of another jurisdiction relating to motor vehicle traffic control, arising in connection with a fatal accident, other than parking, vehicle weight or vehicle defect violations, or violations described in par. (a) 8. or (am).
SECTION 20. 343.315 (2) (fm) of the statutes is amended to read:
343.315 (2) (fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if the person is convicted of violating s. 343.14 (5) or 345.17, if and the violation of s. 343.14 (5) or 345.17 relates to an application for a commercial driver license or if the person's commercial driver license is cancelled by the secretary under s. 343.25 (1) or (5).
SECTION 21. 343.315 (2) (h) of the statutes is amended to read:
343.315 (2) (h) Except as provided in par. (i), a person is shall be disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year 2 years if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law, if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.
SECTION 22. 343.315 (2) (i) of the statutes is amended to read:
343.315 (2) (i) If the violation listed in par. (h) 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, or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period 3 years for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44.
SECTION 23. 343.315 (2) (j) (intro.) of the statutes is amended to read:
343.315 (2) (j) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, "railroad crossing violation" means a violation of a federal, state, or local law, rule, or regulation, or the law of another jurisdiction, relating to any of the following offenses at a railroad crossing:
SECTION 24. 343.315 (2) (L) of the statutes is created to read:
343.315 (2) (L) If the department receives notice from another jurisdiction of a failure to comply violation by a person issued a commercial driver license by the the department arising from the person's failure to appear to contest a citation issued in that jurisdiction or failure to pay a judgment entered against the person in that jurisdiction, the person is disqualified from operating a commercial motor vehicle until the department receives notice from the other jurisdiction terminating the failure to comply violation except that the disqualification may not be less than 30 days nor more than 2 years.
SECTION 25. 343.315 (3) (b) of the statutes is amended to read:
343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or to (j), or (L), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or to (j), or (L). Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.
SECTION 26. 343.315 (3) (bm) of the statutes is created to read:
