SB360,32
21Section
32. Trans 100.07 (2) (b) (intro.) and 2. (intro) of the administrative
22code are consolidated, renumbered Trans 100.07 (2) (b) (intro.) and amended to read:
SB360,9,2423
Trans 100.07
(2) (b) (intro.) In determining the amount of security required
:
242. The the department
may shall consider an evaluation report filed with the
1department
more than 21 days after the mailing date if it meets all of the following
2requirements:
SB360,33
3Section
33. Trans 100.07 (2) (b) 1. of the administrative code is repealed.
SB360,34
4Section
34. Trans 100.07 (2) (b) 2. a. and b. of the administrative code are
5renumbered Trans 100.07 (2) (b) 1m. and 2m.
SB360,35
6Section
35. Trans 100.07 (5) of the administrative code is amended to read:
SB360,10,107
Trans 100.07
(5) The department shall make a determination of the amount
8of security required for an accident within
90 days of receiving an accident report one
9year of the date of the accident, or at such later date as individual circumstances of
10an accident may require.
SB360,36
11Section
36. Trans 100.07 (6) (b) 2. of the administrative code is repealed.
SB360,37
12Section
37. Trans 100.07 (6) (b) 5. of the administrative code is created to read:
SB360,10,1413
Trans 100.07
(6) (b) 5. The uninsured has complied with neither Trans 100.12
14nor 100.13.
SB360,38
15Section
38. Trans 100.08 (7) (b) of the administrative code is amended to read:
SB360,10,2116
Trans 100.08
(7) (b) More than one year after the date of deposit or date of
17suspension, whichever is
later earlier, has passed and no notice of the
18commencement of a court action has been filed by a party in interest. In calculating
19the time period under this subsection, any period of time a claimant was stayed from
20commencing an action against the owner, operator or bond because of a bankruptcy
21proceeding may not be considered.
SB360,39
22Section
39. Trans 100.10 (7) of the administrative code is amended to read:
SB360,11,223
Trans 100.10
(7) Hearings shall be informal. Hearsay and documentary
24evidence may be received by the hearing examiner and relied upon as the basis for
25a decision.
Telephone testimony Testimony of persons involved in the accident may
1not be permitted
by telephone, electronic submission of documents, or other remote
2communication method.
SB360,40
3Section
40. Trans 100.18 (1) (e) of the administrative code is amended to read:
SB360,11,54
Trans 100.18
(1) (e) More than
20
5 years from the entry date of the judgment
5have elapsed.
SB360,41
6Section
41. Trans 106.02 (4) of the administrative code is repealed.
SB360,42
7Section
42. Trans 106.02 (11) of the administrative code is amended to read:
SB360,11,148
Trans 106.02
(11) "Satisfactory driving record" means a driving record that
9does not contain moving violations which result in more than 6 demerit points within
10a one year period, by date of violation, or does not indicate that the applicant was,
11within one year, by date of violation, causally negligent in 2 or more traffic collisions
12or does not contain a conviction for OWI or any OWI-related charge
within one year.
13Out-of-state traffic convictions and accidents shall be treated as though they
14occurred in Wisconsin.
SB360,43
15Section
43. Trans 106.02 (12) of the administrative code is amended to read:
SB360,11,1716
Trans 106.02
(12) "School" means an institution providing one or more of the
17programs defined in sub.
(4), (5), (6) or
(7) (8) and authorized under s. 345.60, Stats.
SB360,44
18Section
44. Trans 106.03 (3) (a) of the administrative code is amended to read:
SB360,11,2319
Trans 106.03
(3) (a) Only one group dynamics traffic safety school program may
20be certified in each WTC district unless the department determines that there is a
21need for additional programs in a district.
This paragraph does not apply to a
22program provided by an accredited institution of higher education operated by a
23federally recognized American Indian tribe or band in this state.
SB360,45
24Section
45. Trans 106.03 (4) (a) of the administrative code is amended to read:
SB360,12,5
1Trans 106.03
(4) (a) Only one multiple offender traffic safety school program
2may be certified in each WTC district unless the department determines that there
3is a need for additional programs in a district.
This paragraph does not apply to a
4program provided by an accredited institution of higher education operated by a
5federally recognized American Indian tribe or band in this state.
SB360,46
6Section
46. Chapter Trans 113 (title) of the administrative code is amended
7to read:
SB360,12,88
CHAPTER TRANS 113
SB360,12,149
ADMINISTRATIVE SUSPENSION OF
10
OPERATING PRIVILEGE FOR OPERATING
11
A MOTOR VEHICLE WITH A PROHIBITED
12
ALCOHOL CONCENTRATION
13
OR A DETECTABLE AMOUNT OF A
14
RESTRICTED CONTROLLED SUBSTANCE
SB360,47
15Section
47. Trans 113.01 of the administrative code is amended to read:
SB360,12,24
16Trans 113.01 Purpose and scope. As authorized by s. 85.16 (1), Stats., the
17purpose of this chapter is to establish the department's administrative
18interpretation of s. 343.305 (7) and (8), Stats., relating to arrest for operating with
19a prohibited alcohol concentration
or a detectable amount of a restricted controlled
20substance, administrative suspension of operating privilege and reviews therefor.
21Section 343.305 (7) (a), Stats., authorizes the department to administratively
22suspend the operating privilege of a person whose test results indicate the presence
23of a detectable amount of a restricted controlled substance in the person's blood or
24a prohibited alcohol concentration.
SB360,48
1Section
48. Trans 113.03 (intro.) of the administrative code is amended to
2read:
SB360,13,7
3Trans 113.03 Law enforcement officer actions and information
4provided to driver. (intro.) If a person is tested for alcohol concentration
or
5presence of a restricted controlled substance in accordance with s. 343.305, Stats.,
6and test results indicate a prohibited alcohol concentration
or presence of a restricted
7controlled substance, the law enforcement officer shall:
SB360,49
8Section
49. Trans 113.03 (1) of the administrative code is repealed.
SB360,50
9Section
50. Trans 113.04 (3) (c) of the administrative code is amended to read:
SB360,13,1210
Trans 113.04
(3) (c) Whether the person had a prohibited alcohol concentration
11or a detectable amount of a restricted controlled substance at the time the offense
12allegedly occurred.
SB360,51
13Section
51. Trans 113.04 (3) (e) of the administrative code is amended to read:
SB360,13,1714
Trans 113.04
(3) (e) If one or more tests were administered in accordance with
15s. 343.305, Stats., whether each of the test results for those tests indicate the person
16had a prohibited alcohol concentration
or a detectable amount of a restricted
17controlled substance.
SB360,52
18Section
52. Trans 113.04 (8) of the administrative code is amended to read:
SB360,13,2319
Trans 113.04
(8) If at any time the person submits written evidence from a
20facility certified by the state laboratory of hygiene and meeting the requirements of
21s. 885.235 (1), Stats., indicating the person did not have a prohibited alcohol
22concentration
or a detectable amount of a restricted controlled substance, the
23suspension will be vacated.
SB360,53
24Section
53. Trans 113.04 (9) (intro.) of the administrative code is amended to
25read:
SB360,14,5
1Trans 113.04
(9) (intro.) If the examiner finds to a reasonable certainty by
2evidence that is clear, satisfactory and convincing that the criteria in s. 343.305 (8)
3(b), Stats., for administrative suspension have not been satisfied, or that the person
4did not have a prohibited alcohol concentration
or a detectable amount of a restricted
5controlled substance at the time the offense allegedly occurred:
SB360,54
6Section
54. Trans 113.04 (10) (intro.) of the administrative code is amended
7to read:
SB360,14,128
Trans 113.04
(10) (intro.) If the examiner finds to a reasonable certainty by
9evidence that is clear, satisfactory and convincing that the criteria for administrative
10suspension have been satisfied and that the person had a prohibited alcohol
11concentration
or a detectable amount of a restricted controlled substance at the time
12the offense allegedly occurred:
SB360,55
13Section
55. Trans 118.01 of the administrative code is amended to read:
SB360,14,20
14Trans 118.01 Purpose and scope. The purpose of this chapter is to establish
15an employer notification program to permit an employer to register the name of an
16employe employee and be notified by the department whenever a conviction or
17suspension, revocation, cancellation, disqualification or out-of-service order is
18recorded on the driving record of the Wisconsin licensed
employe employee and any
19other driving record information that the department may reasonably include in this
20program.
SB360,56
21Section
56. Trans 118.01 (note) of the administrative code is amended to read:
SB360,15,2
22Trans 118.01 (note) Authority for this chapter can be found at s. 343.247 (2),
23Stats.
Forms used in this chapter are MV3555 Employer Notification Customer
24Agreement and MV3556 Employe Enrollment Request. These forms are available
1from the Wisconsin Department of Transportation, Bureau of Driver Services, P.O.
2Box 7917, Madison, WI 53707.
SB360,57
3Section
57. Trans 118.03 of the administrative code is amended to read:
SB360,15,11
4Trans 118.03 Employer notification application requirements.
5Employer notification is obtained through the system used to access the public
6abstract of the driver's driving record maintained under s. 343.23, Stats. An
7application for the
employer notification program
public abstract request system 8shall be made to the department upon forms prescribed by the department
, shall be
9accompanied by the required fees as set forth in s. Trans 118.08 and shall include
10such information as the department reasonably requires.
The department may
11assign these duties to a 3rd-party designee.
SB360,58
12Section
58. Trans 118.04 of the administrative code is amended to read:
SB360,15,17
13Trans 118.04 Employer Customer account codes numbers
. (1) Issuance. 14The department shall issue
an employer a customer account
code number upon
15receipt of a properly completed
employer notification customer data access 16agreement form
and any other information that the department reasonably
17requires.
SB360,15,20
18(2) Usage. The department may require that the employer use the
employer 19customer account
code number for purposes of identification and invoicing
20procedures.
SB360,59
21Section
59. Trans 118.05 (intro.) of the administrative code is amended to
22read:
SB360,16,2
23Trans 118.05 Employer notification customer Electronic DMV records
24service data access agreement form. (intro.) The employer shall submit
an
25employer notification customer a data access agreement form
and any other
1information that the department reasonably requires under any of the following
2situations:
SB360,60
3Section
60. Trans 118.05 (1) of the administrative code is amended to read:
SB360,16,54
Trans 118.05
(1) When the employer is submitting an original application for
5enrollment in the
employer notification program public abstract request system.
SB360,61
6Section
61. Trans 118.05 (2) of the administrative code is repealed.
SB360,62
7Section
62. Trans 118.05 (3) of the administrative code is amended to read:
SB360,16,98
Trans 118.05
(3) When the employer changes its
agency name
or address, or
9both.
SB360,63
10Section
63. Trans 118.05 (4) of the administrative code is amended to read:
SB360,16,1211
Trans 118.05
(4) When the employer requests a renewal of registration for the
12employer notification procedure public abstract request system.
SB360,64
13Section
64. Trans 118.06 (title) of the administrative code is amended to read:
SB360,16,14
14Trans 118.06 (title)
Employe
Employee enrollment request form.
SB360,65
15Section
65. Trans 118.06 (1) of the administrative code is amended to read:
SB360,16,1916
Trans 118.06
(1) Employe
Employee enrollment. An employer may enroll an
17employe employee in the employer notification program by
submitting a written
18request to the department entering the employee's information online through the
19public abstract request system.
SB360,66
20Section
66. Trans 118.06 (2) of the administrative code is repealed.
SB360,67
21Section
67. Trans 118.07 of the administrative code is amended to read:
SB360,17,2
22Trans 118.07 Withdrawal of employes
employees and employers. (1)
23Employe Employee withdrawal. An employer may withdraw an
employe employee,
24and shall withdraw a former employee, from the employer notification program by
25submitting a written request to the department. The written request shall contain
1the information set forth in s. Trans 118.06 (2) (a) to (f)
removing the employee from
2the employer's public abstract request system online roster.
SB360,17,6
3(2) Employer withdrawal. An employer may withdraw from the employer
4notification program by submitting a
written request to the department. The request
5shall include the employer's name, account code, and any other information the
6department reasonably requires.
SB360,68
7Section
68. Trans 118.08 (1) of the administrative code is amended to read:
SB360,17,168
Trans 118.08
(1) Employer initial enrollment. The department shall register
9an employer in the employer notification program upon receipt of a properly
10completed
employer notification customer data access agreement form
together with
11the proper fee. The registration of an employer in the
public abstract request system 12employer notification program shall
be issued for the calendar year and is valid only
13during the calendar year for which issued. For each account code issued to an
14employer, the fee shall be $20 for an application submitted before July 1 of a year and
15$10 for an application submitted on or after July 1 remain in effect for 4 years unless
16terminated early by the department or employer.
SB360,69
17Section
69. Trans 118.08 (2) of the administrative code is amended to read:
SB360,17,2518
Trans 118.08
(2) Renewal. At least
30 60 days prior to the expiration of
an
19employer notification customer a data access agreement form, the department shall
20mail to the last known address of notify the employer
a notice of the date upon which
21the
employer's registration fee must be paid and the new
employer notification
22customer data access agreement form
must be returned. An employer who does not
23return the
renewal form
and fee by the date provided in the notice may be removed
24from the program.
The renewal fee for the employer notification program is $20 per
25account code assigned to the employer.
SB360,70
1Section
70. Trans 118.08 (3) to (6) of the administrative code are repealed.
SB360,71
2Section
71. Trans 118.09 of the administrative code is repealed and recreated
3to read:
SB360,18,5
4Trans 118.09 Payment. Employers shall make payments, in a manner
5determined by the department, at the time of requesting information.
SB360,72
6Section
72. Trans 118.10 of the administrative code is amended to read:
SB360,18,11
7Trans 118.10 Failure to comply with terms of program. The department
8may
not provide employer notification documents to an employer suspend or
9terminate access to employer notification if the employer has failed to comply with
10any of the provisions of this chapter including, but not limited to, paying any
invoice
11or fee when due.
SB360,73
12Section
73. Trans 118.11 of the administrative code is repealed.
SB360,74
13Section
74. Trans 118.12 (1) of the administrative code is amended to read:
SB360,18,1614
Trans 118.12
(1) Content. The employer
notification document will
contain all
15of the following information: be provided with an electronic copy of the employee's
16current driving record.
SB360,75
17Section
75. Trans 118.12 (1) (a) to (f) of the administrative code are repealed.
SB360,76
18Section
76. Trans 118.12 (2) of the administrative code is amended to read:
SB360,18,2219
Trans 118.12
(2) Source. The source of the information supplied to the
20employer
on the notification document shall be limited to the data retained and
21available in the department's computer database for holders of Wisconsin driver's
22licenses
or identification cards.
SB360,77
23Section
77. Trans 118.12 (3) of the administrative code is amended to read:
SB360,19,224
Trans 118.12
(3) When issued notified. Employer
Electronic notification
25documents will be
issued provided when there is
any change activity described in s.
1Trans 118.01 in the driver record maintained by the department for an enrolled
2driver employee.
SB360,78
3Section
78. Trans 118.12 (3) (note) of the administrative code is amended to
4read:
SB360,19,75
Trans 118.12
(3) (note) No notification will be provided upon initial enrollment.
6Employers may obtain driver abstracts when hiring
employes employees under ch.
7Trans 195.
SB360,79
8Section
79. Trans 118.13 (title) of the administrative code is amended to read:
SB360,19,9
9Trans 118.13 (title)
Employe
Employee and employer responsibilities.