2005 Wisconsin Act 397

343.61 (4) (a) If the department approves an application for a driver school license is approved by the department and the applicant pays the required fee paid, the applicant department shall be granted issue a license, and shall be issued provide a license certificate, to the applicant. The licensee shall display such the certificate in the licensee's place of business driver school office, but is not required to display the certificate in any driver school classroom.

397,16 Section 16. 343.61 (5) of the statutes is renumbered 343.61 (3) (a) 2. and amended to read:

343.61 (3) (a) 2. A driver school license expires at the end of the calendar year, for which it is granted on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fees specified under subd. 1.

397,17 Section 17. 343.61 (5m) of the statutes is created to read:

343.61 (5m) Any driver school licensed under this section may be authorized by the department to provide testing, limited to knowledge and signs tests, for students of the driver schools who are under the age of 18 and for driver school instructors. Authorized driver schools providing such testing shall meet standards and follow procedures established by the department by rule.

397,18 Section 18. 343.61 (6) of the statutes is renumbered 343.71 (5), and 343.71 (5) (intro.), as renumbered, is amended to read:

343.71 (5) (intro.) No The department may not license a driver school may be licensed unless its approved course of instruction does all of the following:

397,19 Section 19. 343.62 (title) of the statutes is repealed and recreated to read:

343.62 (title) Instructor requirements.

397,20 Section 20. 343.62 (1) of the statutes is amended to read:

343.62 (1) No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor The department shall issue and renew instructor's licenses in conformity with the requirements of this subchapter. No person, including the a person holding the a driver school license, shall may act as an instructor in such a driver school unless such person is licensed the person holds a valid instructor's license issued by the department to act as such instructor. No driver school may employ any person as an instructor unless the person holds a valid instructor's license issued by the department.

397,21 Section 21. 343.62 (3) of the statutes is renumbered 343.62 (3) (a) 1. and amended to read:

343.62 (3) (a) 1. The required annual fee for any an instructor's license, or for any annual renewal thereof, is $25.

397,22 Section 22. 343.62 (3) (a) 2. of the statutes is created to read:

343.62 (3) (a) 2. An instructor's license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fee specified in subd. 1.

397,23 Section 23. 343.62 (3) (b) of the statutes is created to read:

343.62 (3) (b) If an instructor's license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of the instructor's eligibility, satisfactory proof of loss, and a fee established by the department by rule.

397,24 Section 24. 343.62 (4) (a) 3. of the statutes is created to read:

343.62 (4) (a) 3. The applicant is at least 19 years of age, holds a valid regular operator's license, and has at least 2 years of licensed experience operating a motor vehicle.

397,25 Section 25. 343.62 (4) (c) of the statutes is created to read:

343.62 (4) (c) The department may not renew an instructor's license issued under this section unless the licensee meets the requirements specified under par. (a) 3. to 9., except that an instructor's license that is restricted to classroom instruction may be renewed to an applicant who meets the requirements specified in par. (a) 4. and 6. to 9.

397,26 Section 26. 343.63 (title) of the statutes is repealed.

397,27 Section 27. 343.63 (intro.), (1), (2), (4) and (5) of the statutes are renumbered 343.62 (4) (a) (intro.), 1., 2., 4. and 5. and amended to read:

343.62 (4) (a) (intro.) All applicants for Except as provided in par. (b), the department may not issue an original instructor's license shall be examined, and other applicants may be examined, by the department as follows to an applicant unless all of the following apply:

1. A written and oral The applicant completes a knowledge test shall be completed by the applicant and shall be developed by the department and administered as provided by rule, and designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements, and functions of essential automotive equipment. The , and the applicant must receive passes the test with a score of at least 80 per cent percent. An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under s. 343.69 of any determination by the department under this subdivision.

2. The applicant must pass a road passes, with a score that exceeds the minimum standard for obtaining an operator's license, a driving skills test not less than 5 miles long, which shall include that includes driving maneuvers and parking involved in typical traffic situations. The passing score of the applicant must exceed the minimum standard set for obtaining an operator's license by the state An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under s. 343.69 of any determination by the department under this subdivision.

4. The applicant shall submit submits with his or her the application a statement completed within the immediately preceding 24 months, except as provided by rule, by a registered physician showing licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state, and listed in the Christian Science journal certifying that, in the physician's medical care provider's judgment, the applicant is physically fit to teach driving.

5. Except for a license which is restricted to classroom instruction, no license shall be issued to an The applicant who has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed is able to safely operate the foot brake and foot accelerator and control, from the passenger seat, a motor vehicle of the vehicle class and type in which the applicant will provide instruction for which satisfactory accommodation cannot be provided by adaptive vehicle equipment.

397,28 Section 28. 343.63 (3) and (6) of the statutes are repealed.

397,29 Section 29. 343.63 (5m) of the statutes is renumbered 343.62 (4) (b) and amended to read:

343.62 (4) (b) The Notwithstanding par. (a), the department may issue an original instructor's license which that is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because of a test result under sub. (3) or because the applicant has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator, as specified in sub. (5) the applicant does not meet the requirements specified in par. (a) 2., 3., or 5. The department may not issue an instructor's license that is restricted to classroom instruction under this paragraph unless the applicant satisfies standards established by the department by rule relating to the ability of the applicant to communicate clearly and concisely and to control the classroom environment and behavior and establishing any further certification required by the department.

397,30 Section 30. 343.64 (title) and (1) (intro.) of the statutes are repealed.

397,31 Section 31. 343.64 (1) (a) of the statutes is renumbered 343.61 (2m) (f) and amended to read:

343.61 (2m) (f) Such The applicant has made a material false statement or concealed a material fact in the an application;.

397,32 Section 32. 343.64 (1) (b) of the statutes is renumbered 343.61 (2m) (a) and amended to read:

343.61 (2m) (a) Such The applicant or licensee or any officer, director, partner or other person directly interested in or actively involved in the driver school business was a former holder of, or actively involved in a driver school business operating under, a license granted issued under s. 343.61 this section or a similar license issued by another jurisdiction or was directly interested in or a party actively involved in another driver school which held a license under s. 343.61 and which this section or a similar license issued by another jurisdiction, or was the former holder of an instructor license issued under s. 343.62, and any such license was revoked or suspended;.

397,33 Section 33. 343.64 (1) (c) of the statutes is renumbered 343.61 (2m) (b) and amended to read:

343.61 (2m) (b) Subject to ss. 111.321, 111.322, and 111.335, the applicant or licensee or any officer, director, stockholder, partner or any person directly interested in or actively involved in the driver school business has been convicted of a felony, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been duly officially pardoned;.

397,34 Section 34. 343.64 (1) (d) of the statutes is repealed.

397,35 Section 35. 343.64 (1) (e) of the statutes is renumbered 343.61 (2m) (c) and amended to read:

343.61 (2m) (c) Such The applicant or licensee does not have a place of business as required by s. 343.72 (5); driver school office.

397,36 Section 36. 343.64 (1) (f) of the statutes is renumbered 343.61 (2m) (d) and amended to read:

343.61 (2m) (d) Such The applicant or licensee is not the true owner of the driver school; or.

397,37 Section 37. 343.64 (1) (g) of the statutes is renumbered 343.61 (3m) (a) and amended to read:

343.61 (3m) (a) The application is not accompanied by a copy of A driver school shall maintain a standard liability insurance policy in the amount of $50,000 for personal injury to, or death of any one person and subject to said limit for any one person, $100,000 for personal injury to, or death of any number of persons involved in any one accident, and $10,000 for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or any agent or employee of the applicant name of the school, with the minimum insurance coverage specified by rule by the department. The insurance policy shall require the insurer to notify the department not less than 30 days before the policy expires or is materially changed or canceled.

397,38 Section 38. 343.64 (2) of the statutes is renumbered 343.61 (2m) (e) and amended to read:

343.61 (2m) (e) The secretary shall deny the application of any person for a driver school license if the The applicant or licensee fails to provide the information or statement required under s. 343.61 sub. (2) (a) 1. or to 2., or if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number.

397,39 Section 39. 343.65 (title) of the statutes is repealed.

397,40 Section 40. 343.65 (1) (intro.) and (a) of the statutes are repealed.

397,41 Section 41. 343.65 (1) (b) of the statutes is renumbered 343.62 (4) (a) 7. and amended to read:

343.62 (4) (a) 7. The applicant has failed to furnish provided to the department satisfactory evidence of the facts required of the applicant, has not held a license to drive a motor vehicle within this state for the past year, under sub. (2) (a).

8. The applicant has not had a driving record that is satisfactory to the secretary, or, subject department, as specified by rule.

9. Subject to ss. 111.321, 111.322 and 111.335, the applicant has not been convicted of a felony and, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has not been duly officially pardoned.

397,42 Section 42. 343.65 (2) of the statutes is renumbered 343.62 (4) (a) 6. and amended to read:

343.62 (4) (a) 6. The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included provides his or her social security number in the application, unless the applicant is an individual who does not have a social security number and submits a statement made or subscribed under oath or affirmation as required under s. 343.62 (2) (a) or the statement specified in sub. (2) (am) as required under sub. (2).

397,43 Section 43. 343.66 (title) of the statutes is amended to read:

343.66 (title) Revocation or , suspension, cancellation, or denial of renewal of driver school license licenses and instructor's licenses.

397,44 Section 44. 343.66 of the statutes is renumbered 343.66 (1) and amended to read:

343.66 (1) The secretary department may suspend or, revoke, or cancel any driver school license issued under s. 343.61 or instructor's license issued under s. 343.62, or, subject to ss. 343.61 and 343.62, refuse to issue a renewal thereof if renew a driver school license or instructor's license if, during any period, any of the following applies:

(a) The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof; of a license.

(b) Subject to ss. 111.321, 111.322 and 111.335, the licensee or any partner, member, manager or officer of the licensee has been convicted of a felony;, or any other disqualifying offense as established by rule by the department, in this state, or in another jurisdiction, including a conviction under the law of a federally recognized American Indian tribe or band in this state, for an offense that if committed in this state would be a felony or disqualifying offense, unless the person so convicted has been officially pardoned.

(c) The licensee has failed to comply with any of the requirements of ss. 343.60 to 343.72; or rules promulgated under those sections.

(d) The licensee or any partner, member, manager or officer of such the licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license or in relation to securing for himself or herself or another a license to operate a motor vehicle, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself or herself or another the license to drive operate a motor vehicle;.

(e) Subject to ss. 111.321, 111.322 and 111.335, the licensee has knowingly employed, as an instructor, a person who has been convicted of a felony or has retained such a person in such employ after knowledge of his or her conviction; or does not meet the requirements under s. 343.62.

(f) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (1) (g) as required by the department under s. 343.61 (3m) (a).

397,45 Section 45. 343.665 (title) of the statutes is repealed.

397,46 Section 46. 343.665 (1) of the statutes is renumbered 343.66 (2) and amended to read:

343.66 (2) The secretary shall deny, restrict, limit or suspend any driver school license issued under s. 343.61 or instructor's license issued under s. 343.62 or refuse to issue a renewal for such renew a driver school license or instructor's license if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

397,47 Section 47. 343.665 (2) of the statutes is renumbered 343.66 (3) and amended to read:

343.66 (3) The secretary shall suspend or revoke a driver school license issued under s. 343.61 or an instructor's license issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes. A licensee whose driver school license or instructor's license is suspended or revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subchapter.

397,48 Section 48. 343.67 of the statutes is repealed.

397,49 Section 49. 343.675 of the statutes is repealed.

397,50 Section 50. 343.68 of the statutes is repealed.

397,51 Section 51. 343.69 (title) of the statutes is amended to read:

343.69 (title) Hearings on license denials and, cancellations, restrictions, suspensions, and revocations, and progressive enforcement action.

397,52 Section 52. 343.69 of the statutes is renumbered 343.69 (1) and amended to read:

343.69 (1) Before If the department denies an application for original issuance or renewal of a driver school license or instructor's license, or revokes , suspends, cancels, or restricts any such license, the department shall notify the applicant or licensee in writing of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send by sending notice of the hearing action by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. Any person who is aggrieved by a decision of the department under this subsection may, within 10 days after the date of receiving notice of the department's action, request review of the action by the division of hearings and appeals in the department of administration under ch. 227. This section subsection does not apply to denials, cancellations, restrictions, suspensions, or revocations of licenses under s. 343.665 or 343.675 343.66 (2) or (3).

397,53 Section 53. 343.69 (2) of the statutes is created to read:

343.69 (2) The department shall establish by rule a system of progressive enforcement action taken against licensees for violations of this subchapter or rules promulgated under this subchapter. This system shall include a procedure for addressing consumer complaints and taking action against licensees when such complaints are found to be substantiated.

397,54 Section 54. 343.70 (title) of the statutes is repealed.

397,55 Section 55. 343.70 (1) of the statutes is renumbered 343.61 (3) (e) and amended to read:

343.61 (3) (e) If any driver school or instructor's license is lost, it shall be reissued by the department upon application therefor accompanied by shall issue a replacement upon receipt of a completed application, satisfactory proof of eligibility, satisfactory proof of loss, and a fee of $1 established by the department by rule.

397,56 Section 56. 343.70 (2) of the statutes is renumbered 343.66 (4) and amended to read:

343.66 (4) If a driver school or instructor's license is suspended or revoked, canceled, or suspended, the licensee shall surrender all driver school and instructor licenses to the department and no portion of the any license fee shall be refunded.

397,57 Section 57. 343.71 (title) of the statutes is amended to read:

343.71 (title) Driver schools to maintain school records, curriculum, and operations.

397,58 Section 58. 343.71 (intro.) of the statutes is renumbered 343.71 (1m) (intro.) and amended to read:

343.71 (1m) (intro.) Every licensed driver school shall maintain all of the following records:

397,59 Section 59. 343.71 (1) of the statutes is repealed.