Amendment ASA1-AB402

AB402-ASA1, s. 133 Section 133. 218.01 (7m) (c) of the statutes is amended to read:

AB402-ASA1,49,14 218.01 (7m) (c) The service of a demand for mediation under par. (a) shall stay the time for the filing of any complaint or petition with the office of the commissioner of transportation division of hearings and appeals or for bringing an action under sub. (9) (a), based on an alleged violation of this section by the other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees have met with a mutually selected mediator for the purpose of attempting to resolve the dispute. If a complaint or petition is filed before the meeting, the office of the commissioner of transportation division of hearings and appeals or the court shall enter an order suspending the proceeding or action until the meeting has occurred and may, upon the written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this subsection, enter an order suspending the proceeding or action for as long a period as the commissioner of transportation division of hearings and appeals or court considers to be appropriate. A suspension order issued under this paragraph may be revoked upon motion of any party or upon motion of the office of the commissioner of transportation division of hearings and appeals or the court.

AB402-ASA1, s. 134 Section 134. 340.01 (7m) of the statutes is amended to read:

AB402-ASA1,49,20 340.01 (7m) "Commercial driver license" means a license issued to a person by this state or another jurisdiction which is in accordance with the requirements of the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, and which authorizes the licensee to operate certain commercial motor vehicles.

AB402-ASA1, s. 135 Section 135. 340.01 (7r) of the statutes is amended to read:

AB402-ASA1,50,2 340.01 (7r) "Commercial driver license information system" means the information system established pursuant to the federal commercial motor vehicle safety act of 1986, 49 USC 2701 to 2716 31301 to 31317, to serve as a clearinghouse for information related to the licensing and identification of commercial motor vehicle drivers.

AB402-ASA1, s. 136 Section 136. 341.08 (2) (am) of the statutes is created to read:

AB402-ASA1,50,5 341.08 (2) (am) If the applicant is a natural person registering a farm truck under s. 341.26 (3) (a) 1., the applicant's social security number.

AB402-ASA1, s. 137 Section 137. 341.08 (2) (cm) of the statutes is created to read:

AB402-ASA1,50,11 341.08 (2) (cm) If the applicant is registering a farm truck under s. 341.26 (3) (a) 1., certification that the applicant had at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in at least one of the 2 previous taxable years, or that the applicant expects to have at least $6,000 in gross farm profits, as defined in s. 71.58 (4), in the current taxable year.

AB402-ASA1, s. 138 Section 138. 341.08 (4) of the statutes is amended to read:

AB402-ASA1,50,21 341.08 (4) Applications for renewal of registration shall contain the information required in sub. (2) for original applications or such parts thereof as the department deems necessary to assure the proper registration of the vehicle, except that all applications for renewal of registration of farm trucks under s. 341.26 (3) (a) 1. shall contain the information specified in sub. (2) (am) and (cm). The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the vehicle only when the true ownership or proper registration of the vehicle is in doubt and cannot be resolved from records maintained by the department.

AB402-ASA1, s. 139 Section 139. 341.08 (8) of the statutes is created to read:

AB402-ASA1,51,2 341.08 (8) The department may not disclose a social security number obtained from an applicant under sub. (2) (am) to any person except to the department of revenue for the sole purpose of determining the applicant's eligibility to register the farm truck under s. 341.26 (3) (a) 1.

AB402-ASA1, s. 140 Section 140. 341.14 (6r) (b) 2. of the statutes is amended to read:

AB402-ASA1,51,6 341.14 (6r) (b) 2. An additional fee of $10 $15 shall be charged for the issuance or reissuance of the plates for special groups specified under par. (f) 1. to 34., 48., 49. and 51.

AB402-ASA1, s. 141 Section 141. 341.14 (6r) (b) 3. of the statutes is repealed.

AB402-ASA1, s. 142 Section 142. 341.14 (6r) (b) 4. of the statutes is amended to read:

AB402-ASA1,51,18 341.14 (6r) (b) 4. An additional fee of $20 that is in addition to the fee under subd. 2. or 3 shall be charged for the issuance or renewal of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. An additional fee of $40 that is in addition to the fee under subd. 2. or 3. shall be charged for the issuance or renewal of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47 if the plate is issued or renewed during the first year of the biennial registration period or $20 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. The fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB402-ASA1, s. 143 Section 143. 341.21 of the statutes is created to read:

AB402-ASA1,51,25 341.21 Registration and title transactions by dealers. The department may contract with a motor vehicle dealer for services relating to the processing or distribution of original or renewal registrations under this chapter or certificates of title under ch. 342. The department may not compensate a motor vehicle dealer for services provided under this section. A contract with a motor vehicle dealer shall contain the following provisions:

AB402-ASA1,52,3 (1) The amount of fees, if any, that the motor vehicle dealer may charge a person for services relating to the processing or distribution of an original or renewal registration or a certificate of title.

AB402-ASA1,52,6 (2) Within 7 business days after the completion of an application, the motor vehicle dealer shall process the application and submit any required fees and other documentation to the department.

AB402-ASA1,52,8 (3) The motor vehicle dealer shall retain all records related to an application for original or renewal registration or a certificate of title for at least 5 years.

AB402-ASA1,52,10 (4) The department or its representative may, without any prior notice, conduct random inspections and audits of the motor vehicle dealer.

AB402-ASA1, s. 144 Section 144. 341.26 (3) (a) 1. of the statutes is amended to read:

AB402-ASA1,52,14 341.26 (3) (a) 1. For each farm truck having a gross weight of 12,000 pounds or less, a biennial fee of $42. Registration plates issued under this subdivision expire on the last day of February of even-numbered years.

AB402-ASA1, s. 145 Section 145. 341.297 (2) of the statutes is renumbered 341.297 (2) (a) and amended to read:

AB402-ASA1,52,21 341.297 (2) (a) A farm truck having a gross weight of 12,000 pounds or less, as specified in s. 341.26 (3) (a) 1. The registration period for such a farm truck begins on March 1 of an even-numbered year and ends on the last day of February of the next even-numbered year All such farm trucks shall be registered by the department according to the monthly series of registration prescribed by par. (b).

AB402-ASA1, s. 146 Section 146. 341.297 (2) (b) of the statutes is created to read:

AB402-ASA1,53,2 341.297 (2) (b) There are established 24 registration periods, each to be designated by a calendar month and to start on the first day of such month and end on the last day of the 24th month from the date of commencing. The department shall so administer the monthly series system of registration as to distribute the work of registering farm trucks as uniformly as practicable throughout the calendar year.

AB402-ASA1, s. 147 Section 147. 341.43 of the statutes is amended to read:

AB402-ASA1,53,10 341.43 Audits. The department may conduct such audits as it deems necessary to determine the adequacy of fees paid under the international registration plan or other proportional registration law or agreement and taxes and fees paid under s. 341.45. Audits shall be conducted during normal business hours. Credits shall be given for overpayments and deficiencies shall be assessed, with interest. Actual and necessary expenses incurred by an auditor, plus wages, may be assessed against the person audited.

AB402-ASA1, s. 148 Section 148. 341.45 (title) of the statutes is amended to read:

AB402-ASA1,53,13 341.45 (title) Importation in vehicle tanks regulated; taxes; fees; permits.

AB402-ASA1, s. 149 Section 149. 341.45 (1g) (a) of the statutes is amended to read:

AB402-ASA1,54,2 341.45 (1g) (a) Every Except as provided in subs. (3) and (4g), every person who purchases or obtains motor vehicle fuel or an alternate fuel outside of this state and operates any qualified motor vehicle into this state upon a highway and transports that fuel in an attached or unattached fuel supply tank for the sole purpose of operating the qualified motor vehicle shall pay the Wisconsin motor vehicle fuel or alternate fuels tax and the oil inspection fee under s. 168.12 on the gallons consumed by the qualified motor vehicle while operated on the highways of this state. The person shall pay the tax and fee by purchasing motor vehicle fuel or alternate fuels within this state in an amount that is equivalent to the gallonage consumed while operating the qualified motor vehicle on the highways of this state, or by remitting the tax and fee directly to the department or to another jurisdiction that is a party to the international fuel tax agreement.

AB402-ASA1, s. 150 Section 150. 341.45 (1g) (b) of the statutes is amended to read:

AB402-ASA1,54,6 341.45 (1g) (b) The department may require any person required to pay under par. (a) to report on forms prescribed by it, to display evidence of compliance with par. (a) and to pay taxes and fees in the manner specified by the department.

AB402-ASA1,54,9 (c) The department shall require any person convicted of evading the tax or fee due under par. (a) to report on forms and in the manner prescribed by the department.

AB402-ASA1, s. 151 Section 151. 341.45 (2) of the statutes is amended to read:

AB402-ASA1,54,17 341.45 (2) Every person regularly or habitually operating qualified motor vehicles upon the highways of any other state and using in those qualified motor vehicles motor vehicle fuel or an alternate fuel purchased or obtained in this state shall be allowed a credit or refund equal to the oil inspection fee and the tax on the motor vehicle fuel or alternate fuel actually paid to the state in which it is used, but not to exceed the tax and fee imposed on motor vehicle fuel or alternate fuels by this state.

AB402-ASA1, s. 152 Section 152. 341.45 (3) of the statutes is amended to read:

AB402-ASA1,54,25 341.45 (3) The department may enter into reciprocal agreements with the appropriate officials of any other state under which it may waive all or any part of the requirements imposed by this section upon those who use motor vehicle fuel or alternate fuels upon which the tax has and fee have been paid to another state if the officials of the other state grant equivalent privileges with respect to motor vehicle fuel or alternate fuels used in that state but upon which the tax has and fee have been paid to Wisconsin.

AB402-ASA1, s. 153 Section 153. 341.45 (4g) of the statutes is created to read:

AB402-ASA1,55,7 341.45 (4g) The department may issue trip permits for 72-hour periods to persons who would otherwise be required to pay the Wisconsin motor vehicle fuel or alternate fuels tax and the petroleum product inspection fee under sub. (1g). The department shall charge a fee of not less than $15 for each permit issued under this subsection. A person who has obtained a permit under this subsection is exempt from the purchasing requirement of sub. (1g) (a).

AB402-ASA1, s. 154 Section 154. 341.45 (4m) of the statutes is created to read:

AB402-ASA1,55,14 341.45 (4m) All oil inspection fees paid to the department of transportation under sub. (1g) (a) in excess of oil inspection fee credits or refunds under sub. (2) shall be deposited in the petroleum inspection fund. All oil inspection fees credited or refunded by the department of transportation under sub. (2) in excess of oil inspection fees paid to the department of transportation under sub. (1g) (a) shall be paid from the petroleum inspection fund.

AB402-ASA1, s. 155 Section 155. 341.45 (5) of the statutes is amended to read:

AB402-ASA1,55,21 341.45 (5) The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the issuance and use of the permits authorized under sub. (4g). The rules may include provisions relating to the payment of interest on late payments of motor vehicle fuel and alternate fuels taxes and oil inspection fees, and fees for the late payment or underpayment of motor vehicle fuel and alternate fuels taxes and oil inspection fees.

AB402-ASA1, s. 156 Section 156. 343.01 (2) (cb) of the statutes is created to read:

AB402-ASA1,56,2 343.01 (2) (cb) "Motorized construction equipment" means motor-driven construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer.

AB402-ASA1, s. 157 Section 157. 343.01 (2) (d) of the statutes is created to read:

AB402-ASA1,56,5 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface and includes a digitized image.

AB402-ASA1, s. 158 Section 158. 343.02 (1) of the statutes is amended to read:

AB402-ASA1,56,11 343.02 (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317 and the regulations adopted under that act.

AB402-ASA1, s. 159 Section 159. 343.03 (1) (title) of the statutes is repealed and recreated to read:

AB402-ASA1,56,13 343.03 (1) (title) Compliance with federal standards.

AB402-ASA1, s. 160 Section 160. 343.03 (1) (a) of the statutes is amended to read:

AB402-ASA1,56,17 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 2701 to 2716 31301 to 31317 and 49 CFR 383.

AB402-ASA1, s. 161 Section 161. 343.03 (1) (b) of the statutes is amended to read:

AB402-ASA1,56,21 343.03 (1) (b) The department shall begin issuance of issue operator's licenses in conformity with the classified driver license system to each licensee upon renewal, reinstatement or initial application by April 1, 1991.

AB402-ASA1, s. 162 Section 162. 343.03 (1) (c) of the statutes is repealed.

AB402-ASA1, s. 163 Section 163. 343.03 (5) of the statutes is amended to read:

AB402-ASA1,57,5 343.03 (5) Inquiries before issuance. Before issuing a license under this chapter, the department shall obtain driver record information from the national driver registry and commercial driver license information system to determine whether the applicant holds a commercial driver license, or a license that is revoked, suspended or canceled, or is otherwise disqualified. If the applicant is currently licensed in another state, the department shall obtain information on the applicant's license status with the state of licensure before issuing a license.

AB402-ASA1, s. 164 Section 164. 343.03 (8) of the statutes is repealed.

AB402-ASA1, s. 165 Section 165. 343.05 (2) (a) 2. of the statutes is amended to read:

AB402-ASA1,57,15 343.05 (2) (a) 2. A nonresident who has in his or her immediate possession a valid commercial driver license issued to the person in his or her home another jurisdiction or Mexico bearing all endorsements required for the specific class and type of vehicle being operated. A license is not valid under this subdivision if the license is restricted to operation inside the person's home jurisdiction, or if the person is otherwise violating restrictions or exceeding operating authorization stated on the person's license. If the nonresident is operating a commercial motor vehicle in interstate commerce, he or she must be at least 21 years of age.

AB402-ASA1, s. 166 Section 166. 343.05 (2) (c) of the statutes is amended to read:

AB402-ASA1,57,23 343.05 (2) (c) A tow truck operator holding a valid commercial driver license who is engaged in the removal of a disabled or wrecked vehicle from the highway or eliminating a hazard is not required to hold an endorsement to his or her commercial driver license regardless of the type of vehicle being towed. This exception to the requirement for an endorsement does not apply to any subsequent towing of the vehicle, including moving the vehicle from one repair facility to another, unless the one of the following applies:

AB402-ASA1,57,25 1. The tow truck operator holds a commercial driver license and is accompanied by a driver who holds the required endorsements.

AB402-ASA1, s. 167 Section 167. 343.05 (2) (c) 2. of the statutes is created to read:

AB402-ASA1,58,3 343.05 (2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its operation.

AB402-ASA1, s. 168 Section 168. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and amended to read:

AB402-ASA1,58,12 343.05 (2) (a) 5. A person temporarily operating motorized construction equipment designed principally for off-road use, including a motorscraper, backhoe, motorgrader, compacter, excavator, tractor, trencher and bulldozer upon a highway in this state who possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled, disqualified or expired. This subdivision does not apply to a truck or a construction vehicle designed or equipped for use on a highway or to any vehicle exceeding a speed of 35 miles per hour.

AB402-ASA1, s. 169 Section 169. 343.055 (5) of the statutes is amended to read:

AB402-ASA1,58,18 343.055 (5) Rules. As soon as possible after the federal commercial motor vehicle safety act, 49 USC 2701 to 2716 31301 to 31317, or the regulations adopted under that act permit any commercial driver license waiver, the department shall promulgate rules governing eligibility for the waiver. This subsection applies to waivers not permitted by federal law on May 12, 1992.

AB402-ASA1, s. 170 Section 170. 343.06 (1) (c) of the statutes is amended to read:

AB402-ASA1,59,18 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB402-ASA1, s. 171 Section 171. 343.06 (2) of the statutes is amended to read:

AB402-ASA1,60,4 343.06 (2) After March 31, 1992, the The department shall not issue a commercial driver license, including a renewal, occupational or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Beginning on April 1, 1992, the department shall cancel any commercial driver license Any person who is known to the department to have been issued to a person who is disqualified be subject to disqualification under s. 343.315 (1) (a) shall be disqualified by the department, unless the required period of disqualification specified in s. 343.315 for the disqualifying offense has already expired.

AB402-ASA1, s. 172 Section 172. 343.065 (title) of the statutes is amended to read:

AB402-ASA1,60,7 343.065 (title) Intrastate restricted Restricted commercial driver license.

AB402-ASA1, s. 173 Section 173. 343.065 (1) of the statutes is amended to read:

AB402-ASA1,60,15 343.065 (1) If an applicant for a commercial driver license is less than 21 years of age or does not meet the physical qualifications for drivers contained in 49 CFR 391 or an alternative federally approved driver qualification program established by the department by rule but is at least 18 years of age and otherwise qualified under this chapter and the rules of the department, the department may issue the applicant a commercial driver license restricted to authorizing the operation of commercial motor vehicles only within this state and not in interstate commerce.

AB402-ASA1, s. 174 Section 174. 343.065 (2) of the statutes is amended to read:

AB402-ASA1,60,19 343.065 (2) A commercial driver license issued under this section shall clearly identify that the license does not authorize the operation of commercial motor vehicles outside this state or in interstate commerce.

AB402-ASA1, s. 175 Section 175. 343.10 (2) (a) 1. of the statutes is amended to read:

AB402-ASA1,60,25 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 161.50 within the one-year period immediately preceding the present revocation or suspension.