AB150: Bill Text Engrossed

AB150-engrossed,2152,6 341.45 (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.

AB150-engrossed, s. 6410t Section 6410t. 342.14 (1) of the statutes is amended to read:

AB150-engrossed,2152,9 342.14 (1) For filing an application for the first certificate of title, $5 $7.50, by the owner of the vehicle.

AB150-engrossed, s. 6411b Section 6411b. 342.14 (1m) of the statutes is repealed.

AB150-engrossed, s. 6411d Section 6411d. 342.14 (3) of the statutes is amended to read:

AB150-engrossed,2152,13 342.14 (3) For a certificate of title after a transfer, $5 $7.50, by the owner of the vehicle.

AB150-engrossed, s. 6411dg Section 6411dg. 342.15 (1m) of the statutes is created to read:

AB150-engrossed,2152,16 342.15 (1m) (a) No owner of a junk vehicle may transfer his or her interest in the junk vehicle except to a licensed motor vehicle salvage dealer.

AB150-engrossed,2152,18 (b) No person other than a licensed motor vehicle salvage dealer may acquire an interest in a junk vehicle from the owner of the junk vehicle.

AB150-engrossed,2152,20 (c) Paragraphs (a) and (b) do not apply to the sale, disposition or acquisition of a junk vehicle following the procedure under s. 342.40 (3) (c) or 779.415 (2).

AB150-engrossed, s. 6411dm Section 6411dm. 342.15 (5r) of the statutes is created to read:

AB150-engrossed,2152,23 342.15 (5r) Any person who violates sub. (1m) may be required to forfeit not more than $1,000 for each violation.

AB150-engrossed, s. 6411e Section 6411e. 343.01 (2) (cb) of the statutes is created to read:

AB150-engrossed,2153,4 343.01 (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.

AB150-engrossed, s. 6411em Section 6411em. 343.01 (2) (d) of the statutes is created to read:

AB150-engrossed,2153,7 343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface and includes a digitized image.

AB150-engrossed, s. 6411f Section 6411f. 343.02 (1) of the statutes is amended to read:

AB150-engrossed,2153,13 343.02 (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.

AB150-engrossed, s. 6411g Section 6411g. 343.03 (1) (title) of the statutes is repealed and recreated to read:

AB150-engrossed,2153,16 343.03 (1) (title) Compliance with federal standards.

AB150-engrossed, s. 6411ge Section 6411ge. 343.03 (1) (a) of the statutes is amended to read:

AB150-engrossed,2153,20 343.03 (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.

AB150-engrossed, s. 6411gg Section 6411gg. 343.03 (1) (b) of the statutes is amended to read:

AB150-engrossed,2153,24 343.03 (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.

AB150-engrossed, s. 6411gj Section 6411gj. 343.03 (1) (c) of the statutes is repealed.

AB150-engrossed, s. 6411gm Section 6411gm. 343.03 (5) of the statutes is amended to read:

AB150-engrossed,2154,8 343.03 (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.

AB150-engrossed, s. 6411gr Section 6411gr. 343.03 (8) of the statutes is repealed.

AB150-engrossed, s. 6411h Section 6411h. 343.05 (2) (a) 2. of the statutes is amended to read:

AB150-engrossed,2154,18 343.05 (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.

AB150-engrossed, s. 6411j Section 6411j. 343.05 (2) (c) of the statutes is amended to read:

AB150-engrossed,2155,2 343.05 (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:

AB150-engrossed,2155,4 1. The tow truck operator holds a commercial driver license and is accompanied by a driver who holds the required endorsements.

AB150-engrossed, s. 6411jg Section 6411jg. 343.05 (2) (c) 2. of the statutes is created to read:

AB150-engrossed,2155,7 343.05 (2) (c) 2. The vehicle is a vehicle that requires a "P" endorsement for its operation.

AB150-engrossed, s. 6411jm Section 6411jm. 343.05 (4) (a) 3. of the statutes is renumbered 343.05 (2) (a) 5. and amended to read:

AB150-engrossed,2155,16 343.05 (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.

AB150-engrossed, s. 6411m Section 6411m. 343.055 (1) (a) of the statutes is amended to read:

AB150-engrossed,2155,22 343.055 (1) (a) General. Except as provided in subs. (3) and (4) and notwithstanding s. 343.05 (2), operators of certain commercial motor vehicles specified in pars. (b) to (h) (j) or any rule of the department promulgated under sub. (5) are not required to hold commercial driver licenses, if the operator holds a valid operator's license not limited to "Class M" vehicles.

AB150-engrossed, s. 6411md Section 6411md. 343.055 (1) (j) of the statutes is created to read:

AB150-engrossed,2156,3 343.055 (1) (j) Highway winter maintenance operators. Notwithstanding ss. 343.02 and 343.03 (1), the operator of the commercial motor vehicle is a town official or is employed in highway winter maintenance work on a part-time basis by the town, and the vehicle is owned by or leased to the town and is being used for the purpose of snow and ice control on a town highway.

AB150-engrossed, s. 6411mg Section 6411mg. 343.055 (4) of the statutes is amended to read:

AB150-engrossed,2156,10 343.055 (4) Effect of waivers. The waivers under this section sub. (1) (b) to (h) shall apply to the extent permitted under federal law and the waivers under sub. (1) (b) to (j) shall exempt a person only from the requirement in s. 343.05 (2) to hold a commercial driver license to operate a commercial motor vehicle upon a highway in this state. A commercial motor vehicle operated under this waiver remains a commercial motor vehicle.

AB150-engrossed, s. 6411mm Section 6411mm. 343.055 (5) of the statutes is renumbered 343.055 (5) (a) and amended to read:

AB150-engrossed,2156,17 343.055 (5) (a) 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 paragraph applies to waivers not permitted by federal law on May 12, 1992.

AB150-engrossed, s. 6411mp Section 6411mp. 343.055 (5) (b) of the statutes is created to read:

AB150-engrossed,2156,20 343.055 (5) (b) Notwithstanding par. (a), the department shall promulgate rules for the waiver under sub. (1) (j).

AB150-engrossed, s. 6411p Section 6411p. 343.06 (1) (c) of the statutes is amended to read:

AB150-engrossed,2157,20 343.06 (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 (f), no operator's license may be issued unless a driver's examination has been administered by the department.

AB150-engrossed, s. 6411pg Section 6411pg. 343.06 (2) of the statutes is amended to read:

AB150-engrossed,2158,6 343.06 (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.

AB150-engrossed, s. 6411pm Section 6411pm. 343.065 (title) of the statutes is amended to read:

AB150-engrossed,2158,9 343.065 (title) Intrastate restricted Restricted commercial driver license.

AB150-engrossed, s. 6411pr Section 6411pr. 343.065 (1) of the statutes is amended to read:

AB150-engrossed,2158,17 343.065 (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.

AB150-engrossed, s. 6411pt Section 6411pt. 343.065 (2) of the statutes is amended to read:

AB150-engrossed,2158,21 343.065 (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.

AB150-engrossed, s. 6411r Section 6411r. 343.10 (2) (a) 1. of the statutes is amended to read:

AB150-engrossed,2159,2 343.10 (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.

AB150-engrossed,2159,3 " Section 6412be. 343.10 (10) (a) of the statutes is amended to read:

AB150-engrossed,2159,11 343.10 (10) (a) If the petitioner's commercial driver license has been suspended or revoked solely for a violation of s. 346.63 (1) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) and the person was not operating a commercial motor vehicle at the time of the violation, a petition seeking issuance of an occupational license authorizing operation of "Class A", "Class B" or "Class C" vehicles may be filed directly with the department. The petition may also seek authorization to operate "Class D" or "Class M" vehicles.

AB150-engrossed, s. 6412bg Section 6412bg. 343.12 (2) (h) of the statutes is amended to read:

AB150-engrossed,2159,18 343.12 (2) (h) Prior to the initial issuance or renewal of the endorsement, takes and passes a special examination prescribed by the department and administered by the department or by a 3rd-party tester under s. 343.16 (1) (b) to determine his or her ability to safely operate a school bus. This special examination may include the examination required under sub. (3). The department may renew the endorsement without retesting the licensee, except under sub. (3).

AB150-engrossed, s. 6412bh Section 6412bh. 343.14 (3) of the statutes is renumbered 343.14 (3) (a).

AB150-engrossed, s. 6412bj Section 6412bj. 343.14 (3) (b) and (c) of the statutes are created to read:

AB150-engrossed,2159,23 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50 (4) may be maintained by the department and shall be kept confidential. The department may release a photograph only to the following persons:

AB150-engrossed,2159,24 1. The person whose photograph was taken.

AB150-engrossed,2160,2 2. Any person authorized in writing by the person whose photograph was taken.

AB150-engrossed,2160,4 3. A law enforcement agency, a state agency or a federal governmental agency to perform a legally authorized function.

AB150-engrossed,2160,7 (c) Any person who has received a photograph under par. (b) shall keep the photograph confidential and may not disclose or reproduce it except as authorized. This paragraph does not apply to the person whose photograph was taken.

AB150-engrossed, s. 6412bn Section 6412bn. 343.14 (4) of the statutes is repealed.

AB150-engrossed, s. 6412c Section 6412c. 343.15 (2) (a) of the statutes is amended to read:

AB150-engrossed,2160,11 343.15 (2) (a) In this subsection, "custody" does not mean joint legal custody as defined in s. 767.001 (1) (1m).

AB150-engrossed,2160,12 " Section 6412ca. 343.16 (1) (a) of the statutes is amended to read:

AB150-engrossed,2161,14 343.16 (1) (a) General. The department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e) and s. 343.03 (8) (b) and (c), (e) and (f), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. The Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB150-engrossed, s. 6412cb Section 6412cb. 343.16 (2) (f) of the statutes is created to read:

AB150-engrossed,2161,24 343.16 (2) (f) "Class D" vehicle waiver. The department may, by rule, waive the driving skills test of a person applying for authorization to operate "Class D" vehicles who qualifies for issuance of a license under s. 343.06 (1) (c) if the applicant has successfully completed an enhanced 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, and the instructor in that course certifies that the applicant has satisfied the driving skills requirements of the course.

AB150-engrossed, s. 6412cc Section 6412cc. 343.17 (3) (e) 1. of the statutes is amended to read:

AB150-engrossed,2162,3 343.17 (3) (e) 1. "K" restriction, which restricts a person issued a license under s. 343.065 to from operating commercial motor vehicles only within this state and not in interstate commerce.

AB150-engrossed, s. 6412cd Section 6412cd. 343.21 (1) (g) of the statutes is amended to read:

AB150-engrossed,2162,7 343.21 (1) (g) For removing a "K" restriction against operation of commercial motor vehicles outside this state or in interstate commerce, the same fee as for a duplicate license.

AB150-engrossed, s. 6412ce Section 6412ce. 343.21 (1) (jm) of the statutes is created to read:

AB150-engrossed,2162,11 343.21 (1) (jm) For reinstatement of a previously disqualified authorization to operate a commercial motor vehicle, $50. This fee is not applicable to disqualifications under s. 343.315 (2) (g).

AB150-engrossed, s. 6412cf Section 6412cf. 343.21 (1) (m) of the statutes is created to read:

AB150-engrossed,2162,15 343.21 (1) (m) For reinstatement of a previously canceled license or endorsement, $50. This fee includes reinstatement of any classification or endorsement applied for at the same time for which the applicant is qualified.

AB150-engrossed, s. 6412cg Section 6412cg. 343.23 (2) of the statutes is amended to read:

AB150-engrossed,2163,21 343.23 (2) The department shall maintain a file for each licensee containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the licensee's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the licensee has been involved, including specification of the type of license and endorsements issued under this chapter under which the licensee was operating at the time of the accident and an indication whether or not the accident occurred in the course of the licensee's employment as a law enforcement officer, fire fighter or emergency medical technician — paramedic or as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. This information 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 in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) and 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) 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 revocation 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 revocation. For purposes of this subsection, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.

AB150-engrossed, s. 6412ch Section 6412ch. 343.245 (3) (b) 3. and 4. of the statutes are amended to read:

AB150-engrossed,2163,23 343.245 (3) (b) 3. Is subject to an out-of-service order in any state; or