2005 Wisconsin Act 397

397,28 Section 28. 343.63 (3) and (6) of the statutes are repealed.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 of the statutes are repealed.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by another jurisdiction, or was the former holder of an instructor license issued under s. 343.62, and any such license was revoked or suspended;.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.

397,60 Section 60. 343.71 (2) of the statutes is renumbered 343.71 (1m) (a) and amended to read:

343.71 (1m) (a) A record showing the date, type, and duration of, and the name and address of each person receiving, all lessons, lectures, tutoring, instructions or other services relating to instructions in the operation of motor vehicles, and this record shall include the name of the instructor giving such lessons or instructions and identification of the vehicle in which any road driving skills lesson is given, including type of transmission; .

397,61 Section 61. 343.71 (3) of the statutes is renumbered 343.71 (1m) (b) and amended to read:

343.71 (1m) (b) A file containing a duplicate copy of every agreement entered into between the school and every person given lessons, lectures, instructions or other services relating to instructions in the operation of motor vehicles required under this paragraph. No person shall be given driver school or instructor may provide lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles until unless a written agreement in a form approved by the department has been executed by both the school and either the student if the student is at least 18 years of age or, if the student is under 18 years of age, the student's parent or legal guardian. The student shall be given driver school shall give the student, or the parent or guardian if the student is under 18 years of age, the original, while the school agreement and shall retain and preserve the carbon a duplicate thereof copy of the agreement.

397,62 Section 62. 343.71 (5) of the statutes is created to read:

343.71 (5) A driver school shall notify the department of the name and address of each person who is under the age of 18 years at the commencement of a course in driver training and who fails to satisfactorily complete the course.

397,63 Section 63. 343.72 (1) of the statutes is amended to read:

343.72 (1) No licensee may agree to give refresher lessons, unless the student states that he or she has had previous driving experience operating a motor vehicle.

397,64 Section 64. 343.72 (2) of the statutes is renumbered 343.71 (2m) and amended to read:

343.71 (2m) No licensee shall may agree to give unlimited driver's driver lessons, nor represent or agree, orally or in writing or as a part of an inducement to sign any agreement, to give instructions until the student obtains an operator's license is obtained.

397,65 Section 65. 343.72 (3) of the statutes is renumbered 343.71 (3m) and amended to read:

343.71 (3m) No agreement shall may contain a "no refund" clause, but may contain the following: "The school will not refund any tuition or part of tuition if the school is ready, willing and able to fulfill its part of the agreement".

397,66 Section 66. 343.72 (4) of the statutes is renumbered 343.71 (4).

397,67 Section 67. 343.72 (5) of the statutes is renumbered 343.61 (4) (b) and amended to read:

343.61 (4) (b) The licensee shall have a specific place of business described location of each driver school office shall be identified in the license. No Except as provided by the department by rule, no licensee shall may establish its headquarters any driver school office within 1,500 feet of a department office where operator's licenses are issued, nor within 1,500 feet of any headquarters where official road driving skills tests are given, and locations shall be filed with the department as part of the license application. Any change in address of any driver school office or driver school classroom must be reported to and approved by the department. A driver school may maintain driver school classrooms at locations other than the driver school office.

397,68 Section 68. 343.72 (5m) of the statutes is created to read:

343.72 (5m) No driver school may represent that completion of a course of instruction will guarantee that the student will pass the driving skills test administered by the department. A driver school may only represent by means of a certificate of completion that the student has satisfactorily completed the required course.

397,69 Section 69. 343.72 (6) of the statutes is amended to read:

343.72 (6) All licensees must ascertain from state license examiners the route over which road tests are given, and no licensee may instruct in those areas, except that driver schools may operate on a division of motor vehicle skills test route if comparable training location opportunities are not otherwise available in the locale.

397,70 Section 70. 343.72 (7) of the statutes is amended to read:

343.72 (7) Licensees shall may not publish, advertise, or intimate create the impression that a license is guaranteed or assured. The display of a sign such as "License Secured Here" is forbidden.

397,71 Section 71. 343.72 (8) of the statutes is repealed.

397,72 Section 72. 343.72 (9) of the statutes is renumbered 343.61 (4) (c) and amended to read:

343.61 (4) (c) Except as provided by sub. (8), the The use of the word "Wisconsin", or "State" or the name of the city in which the school is located, in any sign, firm name or other medium of advertising is prohibited.

397,72m Section 72m. 343.72 (10) of the statutes is amended to read:

343.72 (10) All driver training cars used by the school must be identified by a sign on the rear of the vehicle visible to other vehicles from behind stating that it the vehicle is a driver school vehicle.

397,73 Section 73. 343.72 (11) of the statutes is amended to read:

343.72 (11) All driver training cars vehicles must be registered with the department with a brief description of each, including the make, model, and registration number, and type of transmission shall be kept in safe working condition, as established by the department by rule. The department may promulgate rules authorizing the department to place any driver training vehicle out of service for a vehicle equipment violation or for failure to file with the department proof of insurance for the vehicle.