Amendment SSA1-SB44

SB44-SSA1, s. 2557 Section 2557. 343.23 (2) (b) of the statutes is amended to read:

SB44-SSA1,959,9 343.23 (2) (b) The information specified in par. 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. 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 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.

SB44-SSA1, s. 2557g Section 2557g. 343.245 (2) (a) 1. of the statutes is amended to read:

SB44-SSA1,959,22 343.245 (2) (a) 1. `To state.' A person, after applying for or receiving a commercial driver license issued by this state, who is convicted of violating in a motor vehicle any law of this state or local ordinance adopted in conformity therewith or a law enacted by a federally recognized American Indian tribe or band in this state which is in conformity with any law of this state, or the law of another jurisdiction, relating to motor vehicle traffic control, other than parking violations, shall notify the department of the conviction in the manner specified by the department within 30 days after the date of conviction. Notwithstanding any other provision of law, a person who holds an "H" endorsement specified in s. 343.17 (3) (d) 1m. shall notify the department within 24 hours if the person is convicted, or found not guilty by reason of insanity, of any disqualifying felony criminal offense described in s. 343.14 (2g) (a) 1., or adjudicated as a mental defective or committed to a mental institution.

SB44-SSA1, s. 2557i Section 2557i. 343.265 (1r) of the statutes is created to read:

SB44-SSA1,960,9 343.265 (1r) Notwithstanding sub. (1), the department shall accept the voluntary surrender of an "H" endorsement specified in s. 343.17 (3) (d) 1m. Upon accepting the surrender, the department shall immediately cancel the endorsement if the licensee is not eligible for the endorsement. Following cancellation under this subsection, the department shall take the actions required in s. 343.125 (4) (a) and (b). Upon accepting the surrender from a person to whom the department would not be prohibited from issuing an "H" endorsement, the department may remove that endorsement from the licensee's commercial driver license as a temporary surrender. The department may not issue an "H" endorsement to any person whose "H" endorsement is removed as a temporary surrender under this subsection unless the person applies for initial issuance of an "H" endorsement.

SB44-SSA1, s. 2557k Section 2557k. 343.28 (1) of the statutes is amended to read:

SB44-SSA1,960,23 343.28 (1) Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.

SB44-SSA1, s. 2557m Section 2557m. 343.28 (2) of the statutes is amended to read:

SB44-SSA1,961,12 343.28 (2) Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

SB44-SSA1, s. 2558 Section 2558. 343.307 (2) (d) of the statutes is amended to read:

SB44-SSA1,961,16 343.307 (2) (d) Convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii) or both Table 1, items (1) to (4).

SB44-SSA1, s. 2562 Section 2562. 343.315 (2) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,961,22 343.315 (2) (a) (intro.) 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 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:

SB44-SSA1, s. 2563 Section 2563. 343.315 (2) (a) 7. of the statutes is created to read:

SB44-SSA1,962,2 343.315 (2) (a) 7. Operating a commercial motor vehicle when the person's commercial driver license is revoked, suspended, or canceled based on the person's operation of a commercial motor vehicle or when the person is disqualified from operating a commercial motor vehicle.

SB44-SSA1, s. 2564 Section 2564. 343.315 (2) (a) 8. of the statutes is created to read:

SB44-SSA1,962,5 343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.

SB44-SSA1, s. 2564m Section 2564m. 343.315 (2) (b) of the statutes is amended to read:

SB44-SSA1,962,11 343.315 (2) (b) If any of the violations listed in par. (a) 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.

SB44-SSA1, s. 2565 Section 2565. 343.315 (2) (e) of the statutes is amended to read:

SB44-SSA1,962,20 343.315 (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. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).

SB44-SSA1, s. 2566 Section 2566. 343.315 (2) (f) (intro.) of the statutes is amended to read:

SB44-SSA1,963,8 343.315 (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:

SB44-SSA1, s. 2567 Section 2567. 343.315 (2) (f) 2. of the statutes is amended to read:

SB44-SSA1,963,14 343.315 (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.

SB44-SSA1, s. 2568 Section 2568. 343.315 (2) (f) 6. of the statutes is created to read:

SB44-SSA1,963,17 343.315 (2) (f) 6. Operating a commercial motor vehicle when the person has not obtained a commercial driver license.

SB44-SSA1, s. 2569 Section 2569. 343.315 (2) (f) 7. of the statutes is created to read:

SB44-SSA1,964,2 343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.

SB44-SSA1, s. 2570 Section 2570. 343.315 (2) (f) 8. of the statutes is created to read:

SB44-SSA1,964,6 343.315 (2) (f) 8. Operating a commercial motor vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

SB44-SSA1, s. 2570g Section 2570g. 343.315 (2) (h) of the statutes is amended to read:

SB44-SSA1,964,16 343.315 (2) (h) Except as provided in par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year 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) by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under state or federal law.

SB44-SSA1, s. 2570m Section 2570m. 343.315 (2) (i) of the statutes is amended to read:

SB44-SSA1,965,2 343.315 (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 CR 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 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.

SB44-SSA1, s. 2571 Section 2571. 343.315 (2) (k) of the statutes is created to read:

SB44-SSA1,965,9 343.315 (2) (k) A person disqualified by federal authorities under 49 USC 31310 (f) and 49 CFR 383.52 on the basis that the person's continued operation of a commercial motor vehicle would create an imminent hazard, as defined in 49 USC 5102 and 49 CFR 383.5, is disqualified from operating a commercial motor vehicle for the period of disqualification determined by the federal authority upon receipt by the department of the notice of disqualification provided for in 49 CFR 383.52 (d).

SB44-SSA1, s. 2571y Section 2571y. 343.44 (1) (c) of the statutes is amended to read:

SB44-SSA1,965,13 343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under state or federal law.

SB44-SSA1, s. 2572 Section 2572. 343.44 (1) (d) of the statutes is amended to read:

SB44-SSA1,965,21 343.44 (1) (d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway motor carrier safety administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.

SB44-SSA1, s. 2573 Section 2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,966,2 343.44 (2) (b) (intro.) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

SB44-SSA1, s. 2574 Section 2574. 343.44 (2) (bm) of the statutes is created to read:

SB44-SSA1,966,7 343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5.

SB44-SSA1, s. 2574h Section 2574h. 343.50 (4) of the statutes is amended to read:

SB44-SSA1,966,18 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card, and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

SB44-SSA1, s. 2575 Section 2575. 344.185 (2) (e) 2. of the statutes is amended to read:

SB44-SSA1,966,24 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.

SB44-SSA1, s. 2579 Section 2579. 345.08 of the statutes is amended to read:

SB44-SSA1,967,14 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

SB44-SSA1, s. 2579m Section 2579m. 345.11 (2m) (b) of the statutes is amended to read:

SB44-SSA1,967,18 345.11 (2m) (b) Whether the vehicle was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

SB44-SSA1, s. 2580 Section 2580. 346.177 (3) of the statutes is amended to read:

SB44-SSA1,968,2 346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44-SSA1, s. 2581 Section 2581. 346.177 (4) of the statutes is amended to read:

SB44-SSA1,968,9 346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44-SSA1, s. 2583 Section 2583. 346.495 (3) of the statutes is amended to read:

SB44-SSA1,968,17 346.495 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44-SSA1, s. 2584 Section 2584. 346.495 (4) of the statutes is amended to read:

SB44-SSA1,968,24 346.495 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44-SSA1, s. 2588 Section 2588. 346.65 (4r) (c) of the statutes is amended to read:

SB44-SSA1,969,7 346.65 (4r) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44-SSA1, s. 2589 Section 2589. 346.65 (4r) (d) of the statutes is amended to read:

SB44-SSA1,969,14 346.65 (4r) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44-SSA1, s. 2590 Section 2590. 346.655 (2) (a) of the statutes is amended to read:

SB44-SSA1,969,19 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2591 Section 2591. 346.655 (2) (b) of the statutes is amended to read:

SB44-SSA1,970,2 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB44-SSA1, s. 2592 Section 2592. 346.655 (3) of the statutes is amended to read:

SB44-SSA1,970,9 346.655 (3) All moneys collected from the driver improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer secretary of administration under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for drivers referred through assessment.

SB44-SSA1, s. 2594 Section 2594. 348.25 (8) (a) 1. of the statutes is amended to read:

SB44-SSA1,970,14 348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $17.

SB44-SSA1, s. 2595 Section 2595. 348.25 (8) (a) 2. of the statutes is amended to read:

SB44-SSA1,970,19 348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $22.

SB44-SSA1, s. 2596 Section 2596. 348.25 (8) (a) 2m. of the statutes is amended to read:

SB44-SSA1,970,24 348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $28.

SB44-SSA1, s. 2597 Section 2597. 348.25 (8) (b) 1. of the statutes is amended to read:

SB44-SSA1,971,4 348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $66.

SB44-SSA1, s. 2598 Section 2598. 348.25 (8) (b) 2. of the statutes is amended to read:

SB44-SSA1,971,9 348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $99.

SB44-SSA1, s. 2599 Section 2599. 348.25 (8) (b) 3. a. of the statutes is amended to read:

SB44-SSA1,971,14 348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $220.

SB44-SSA1, s. 2600 Section 2600. 348.25 (8) (b) 3. b. of the statutes is amended to read:

SB44-SSA1,971,19 348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $385.

SB44-SSA1, s. 2601 Section 2601. 348.25 (8) (b) 3. c. of the statutes is amended to read:

SB44-SSA1,972,2 348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2003 2005, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

SB44-SSA1, s. 2602 Section 2602. 348.25 (8) (bm) 1. of the statutes is amended to read: