LRBs0037/1
PJH:kjf&jld:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 43
March 22, 2005 - Offered by Representatives Wasserman, Hines and Ainsworth.
AB43-ASA1,1,4
1An Act to amend 343.16 (3) (a), 343.21 (2) (a) and 343.25 (7); and
to create
2343.16 (3) (am) and 343.16 (3) (ar) of the statutes;
relating to: operator's
3license requirements for certain drivers and for certain drivers' tests and
4making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person who applies for a new driver's license, must, under
most circumstances, demonstrate his or her knowledge of the rules of the road and
his or her driving skills in a test administered by the Department of Transportation
(DOT). Most drivers' licenses issued by DOT must be renewed every eight years. To
renew a license to drive an automobile or a motorcycle, an applicant must pass a test
of his or her eyesight. Current law allows the secretary of DOT to require any person
to submit to additional testing to determine incompetency, incapacity, disease, or
impairment that may prevent the person from exercising reasonable and ordinary
control over a motor vehicle. Under current law, most drivers pay $15 to take up to
three driving skills tests.
Under this bill, a person who is at least 75 years of age but less than 85 years
of age must pass a test of his or her eyesight every three years. A person who is over
the age of 85 must pass a test of his or her eyesight and demonstrate his or her
knowledge of traffic laws every two-years. The bill requires DOT to submit to the
legislature a report on the effects of the proposed legislation on highway safety and
a report on effects of aging and driving ability and transportation alternatives for
older drivers.
Additionally, under the bill most drivers are charged $13 for each driving skills
test that he or she takes.
The bill also authorizes the creation of 2.5 positions in DOT to conduct the
required studies relating to older drivers and to administer driver licensing services.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB43-ASA1, s. 1
1Section
1. 343.16 (3) (a) of the statutes is amended to read:
AB43-ASA1,3,22
343.16
(3) (a)
The Except as provided in par. (am), the department shall
3examine every applicant for the renewal of an operator's license once every 8 years
4and shall examine every person who holds an operator's license and who is at least
575 years of age but less than 85 years of age once every 3 years. The department may
6institute a method of selecting the date of renewal so that such examination shall be
7required for each applicant for renewal of a license to gain a uniform rate of
8examinations. The examination shall consist of a test of eyesight. The department
9shall make provisions for giving such examinations at examining stations in each
10county to all applicants for an operator's license. The person to be examined shall
11appear at the examining station nearest the person's place of residence or at such
12time and place as the department designates in answer to an applicant's request. In
13lieu of examination, the applicant may present or mail to the department a report
14of examination of the applicant's eyesight by an ophthalmologist, optometrist or
15physician licensed to practice medicine. The report shall be based on an examination
16made not more than 3 months prior to the date it is submitted. The report shall be
17on a form furnished and in the form required by the department. The department
1shall decide whether, in each case, the eyesight reported is sufficient to meet the
2current eyesight standards.
AB43-ASA1, s. 2
3Section
2. 343.16 (3) (am) of the statutes is created to read:
AB43-ASA1,3,104
343.16
(3) (am) The department shall examine every person who holds an
5operator's license and who is at least 85 years of age every 2 years. The department
6may institute a method of selecting the date of renewal so that such examination
7shall be required for each applicant for renewal of a license to gain a uniform rate
8of examinations. The examination shall consist of a test of eyesight that meets the
9requirements of par. (a) and a knowledge test that meets the requirements of sub.
10(1).
AB43-ASA1, s. 3
11Section
3. 343.16 (3) (ar) of the statutes is created to read:
AB43-ASA1,3,1612
343.16
(3) (ar) In determining whether a person passes a test administered
13under par. (a) or (am), the department shall, whenever possible, consider issuing a
14restricted operator's license that would enable the person to operate a vehicle with
15restrictions including, but not limited to, the type of vehicle, special equipment, time
16of day of operation, and specific geographic areas and streets or routes of travel.
AB43-ASA1, s. 4
17Section
4
. 343.21 (2) (a) of the statutes is amended to read:
AB43-ASA1,4,418
343.21
(2) (a) In addition to the fees set under sub. (1), any applicant whose
19application for a permit, license, upgrade or endorsement, taken together with the
20applicant's currently valid license, if any, requires the department to administer a
21driving skills test of the applicant's ability to exercise ordinary and reasonable
22control in the operation of a motor vehicle shall pay to the department an
23examination fee of $20 for an examination in a commercial motor vehicle other than
24a school bus and
$15 $13 for an examination in any other vehicle.
Payment of the
25examination fee entitles the applicant to not more than 3 tests of the applicant's
1ability to exercise reasonable control in the operation of a motor vehicle. If the
2applicant does not qualify for issuance of a license, upgraded license or endorsement
3in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which
4payment entitles the applicant to not more than 3 additional tests.
AB43-ASA1,4,106
343.25
(7) When a person who has been ordered
or is required by s. 343.16 (3)
7(a) or (am) to submit to an examination under s. 343.16 or to appear for either group
8or individual counseling or examination under s. 343.32 (2) fails or refuses to do so.
9Such cancellation shall continue until compliance with the order has been made or
10the order is rescinded.
AB43-ASA1,4,1612
(1)
The department of transportation shall issue a report on the effects of this
13act on highway safety including the impact on the affected age group's crash rates,
14violation rates, loss of driving privileges, and related issues. No later than 5 years
15from the effective date of this subsection, the department shall submit the report to
16the legislature.
AB43-ASA1,4,2317
(2)
The department of transportation shall appoint an
advisory council to study
18the effects of aging and driving ability, identify existing transportation alternatives
19throughout the state, and examine additional transportation alternatives for older
20drivers. Members of the council shall be comprised of representatives of
21organizations involved with issues facing older drivers, providers of services to
22senior citizens, and research entities. No later than 2 years after the effective date
23of this subsection, the department shall submit the study to the legislature.
AB43-ASA1,5,7
1(1
) Position authorization. In the schedule under section 20.005 (3) of the
2statutes for the appropriation to the department of transportation under section
320.395 (5) (cq) of the statutes, as affected by the acts of 2005, the dollar amount is
4increased by $157,000 for fiscal year 2006-07 to implement licensing requirements
5for older drivers and $288,649 for fiscal year 2007-08 to increase the FTE positions
6for the department of transportation by 2.5 SEG positions to conduct studies relating
7to older drivers and to administer driver licensing services.
AB43-ASA1,5,109
(1)
This act takes effect on the first day of the 10th month beginning after
10publication.
