SB77: Bill Text

SB77,1625,22 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4051 Section 4051. 342.17 (4) (b) 4. of the statutes is amended to read:

SB77,1626,2 342.17 (4) (b) 4. The limit in subd. 3. does not apply if the surviving spouse is proceeding under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including the vehicles transferred under this paragraph, does not exceed $10,000.

SB77, s. 4052 Section 4052. 342.20 (1) of the statutes is amended to read:

SB77,1626,10 342.20 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and the owner or person in possession of the owner's certificate, as shown by the records of the department, shall cause the certificate, application and the required fee to be delivered to the secured party.

SB77, s. 4053 Section 4053. 342.23 (2) (a) of the statutes is amended to read:

SB77,1626,17 342.23 (2) (a) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

SB77, s. 4054 Section 4054. 342.30 (1) of the statutes is renumbered 342.30 (1g).

SB77, s. 4055 Section 4055. 342.30 (1c) of the statutes is created to read:

SB77,1626,21 342.30 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

SB77, s. 4056 Section 4056. 342.30 (3) (a) of the statutes is amended to read:

SB77,1626,24 342.30 (3) (a) Any person who violates sub. (1) (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB77, s. 4057 Section 4057. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1627,4 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.

SB77, s. 4058 Section 4058. 342.30 (4) (a) of the statutes is amended to read:

SB77,1627,14 342.30 (4) (a) If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. If the identification number can be identified, the agency may return the vehicle to the registered owner. Except as provided in par. (b), the district attorney shall institute forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.

SB77, s. 4059 Section 4059. 342.32 (3) of the statutes is amended to read:

SB77,1627,17 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

SB77, s. 4060 Section 4060. 342.40 (1) of the statutes is renumbered 342.40 (1m).

SB77, s. 4061 Section 4061. 342.40 (1c) of the statutes is created to read:

SB77,1627,21 342.40 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

SB77, s. 4062 Section 4062. 343.06 (1) (c) of the statutes is amended to read:

SB77,1628,21 343.06 (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 education 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 education 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.

SB77, s. 4063 Section 4063. 343.06 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1629,22 343.06 (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.

SB77, s. 4064 Section 4064. 343.06 (1) (i) of the statutes is amended to read:

SB77,1630,11 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, community supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

SB77, s. 4065 Section 4065. 343.06 (1) (j) of the statutes is amended to read:

SB77,1630,15 343.06 (1) (j) To any person applying for his or her first license or identification card or for a reinstated license in this state unless the person has submitted satisfactory proof of his or her name and date and place of birth.

SB77, s. 4066 Section 4066. 343.07 (5) of the statutes is amended to read:

SB77,1630,22 343.07 (5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of education public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

SB77, s. 4067 Section 4067. 343.14 (2j) of the statutes is created to read:

SB77,1631,3 343.14 (2j) (a) The department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application.

SB77,1631,7 (b) Except as otherwise required to administer and enforce this chapter, the department may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22.

SB77, s. 4068 Section 4068. 343.14 (3) (a) of the statutes is amended to read:

SB77,1631,17 343.14 (3) (a) The department shall, as part of the application process, take a photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 4 6 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

SB77, s. 4069 Section 4069. 343.14 (3) (b) of the statutes is amended to read:

SB77,1631,23 343.14 (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 person whose photograph was taken or, if requested under s. 49.22 (2m), to the department of industry, labor and job development.

SB77, s. 4070 Section 4070. 343.14 (4) of the statutes is repealed.

SB77, s. 4071 Section 4071. 343.16 (1) (a) of the statutes is amended to read:

SB77,1633,2 343.16 (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) to (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. 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.

SB77, s. 4072 Section 4072. 343.16 (1) (b) (intro.) of the statutes is amended to read:

SB77,1633,13 343.16 (1) (b) Third-party testing. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester shall include all of the following provisions:

SB77, s. 4073 Section 4073. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

SB77,1633,20 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for regular licenses and school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party by one of the following means:

SB77, s. 4074 Section 4074. 343.16 (1) (b) 4. of the statutes is amended to read:

SB77,1634,3 343.16 (1) (b) 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b).

SB77, s. 4075 Section 4075. 343.16 (1) (b) 5. of the statutes is amended to read:

SB77,1634,10 343.16 (1) (b) 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for regular license and school bus endorsement testing or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages.

SB77, s. 4076 Section 4076. 343.16 (1) (c) (intro.) of the statutes is amended to read:

SB77,1634,22 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of education public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:

SB77, s. 4077 Section 4077. 343.16 (1) (c) 1. of the statutes is amended to read:

SB77,1634,25 343.16 (1) (c) 1. A course in driver education in public schools approved by the department of education public instruction.

SB77, s. 4078 Section 4078. 343.16 (1) (c) 3. of the statutes is amended to read:

SB77,1635,4 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of education public instruction.

SB77, s. 4079 Section 4079. 343.16 (2) (f) of the statutes is created to read:

SB77,1635,9 343.16 (2) (f) "Class D" vehicle waiver. 1. 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 done all of the following:

SB77,1635,12 a. Successfully completed an enhanced driver education course approved by the department and the instructor in that course certifies that the applicant has satisfied the driving skills requirements of the course.

SB77,1635,20 b. Completed a specified number of hours of operation of "Class D" vehicles in traffic situations while accompanied by a qualified instructor, or a licensed person 25 years of age or older with at least 2 years of licensed driving experience, who presently holds a valid license, occupying the seat beside the applicant, and either of the applicant's parents, or a stepparent of the applicant or other adult sponsor, as defined by the department by rule under s. 343.15 (1) (a), certifies on a form prescribed by the department that the applicant satisfactorily completed such operation.

SB77,1635,22 2. By July 1, 2000, and annually thereafter, the department shall evaluate the effectiveness of waiving the driving skills test of applicants under subd. 1.

SB77,1635,25 3. Any rule promulgated under this paragraph shall provide that the department shall randomly select a sample of applicants meeting the requirements of subds. 1. and 2. and require such applicants to take the driving skills test.

SB77, s. 4080 Section 4080. 343.16 (3) (a) of the statutes is amended to read:

SB77,1636,17 343.16 (3) (a) The Except as provided in s. 343.20 (1) (f), the department shall examine every applicant for the renewal of an operator's license once every 4 6 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

SB77, s. 4081 Section 4081. 343.16 (6) (title) of the statutes is amended to read:

SB77,1636,19 343.16 (6) (title) Special retesting of licensed operations operators.

SB77, s. 4082 Section 4082. 343.16 (6) (a) of the statutes is amended to read:

SB77,1637,6 343.16 (6) (a) Whenever the secretary has good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed or, with respect to a person for whom the driving skills test was waived under sub. (2) (f), that the person had his or her operating privilege suspended or revoked while on probationary status and is seeking to reinstate the operating privilege, the secretary may, upon written notice of at least 5 days to the licensee person, require the licensee person to submit to an examination including all or part of the tests specified in sub. (1). Upon the conclusion of such the examination , the secretary shall take such action as is appropriate under this chapter, including cancellation of the a license or permitting the licensee to retain the license subject to such any restrictions as that the secretary may order or without restrictions.

SB77, s. 4083 Section 4083. 343.17 (3) (a) 12. of the statutes is amended to read:

SB77,1637,12 343.17 (3) (a) 12. If the person is not the legal drinking age, as defined in s. 125.02 (8m), at the time of issuance of the license, a distinctive background color for the license document designated appearance specified by the department that clearly identifies to the public that the person was not the legal drinking age at the time of issuance of the license.

SB77, s. 4084 Section 4084. 343.19 (1) of the statutes is amended to read:

SB77,1637,24 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name, and date and place of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

SB77, s. 4085 Section 4085. 343.20 (1) (a) of the statutes is amended to read:

SB77,1638,11 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. All other licenses and license endorsements shall expire 4 6 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.

SB77, s. 4086 Section 4086. 343.20 (1) (f) of the statutes is created to read:

SB77,1638,20 343.20 (1) (f) During the transition to the issuance of renewal licenses under par. (a) that are valid for a period of 6 years, the department may issue licenses for renewal periods of less than 6 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken under s. 343.14 (3) or to submit to an examination under s. 343.16 (3). If the department issues a license under this paragraph, any applicable fees due shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

SB77, s. 4087 Section 4087. 343.21 (1) (a) of the statutes is amended to read:

SB77,1638,23 343.21 (1) (a) For the initial issuance of a license authorizing only the operation of "Class D" motor vehicles, $15 $18.

SB77, s. 4088 Section 4088. 343.21 (1) (am) of the statutes is amended to read:

SB77,1639,2 343.21 (1) (am) For the renewal of a license authorizing only the operation of "Class D" motor vehicles, $10 $18.

SB77, s. 4089 Section 4089. 343.21 (1) (b) of the statutes is amended to read:

SB77,1639,5 343.21 (1) (b) For the initial issuance or renewal of authorization to operate "Class M" motor vehicles, $4 $9 in addition to any other fees due.

SB77, s. 4090 Section 4090. 343.21 (1) (bg) of the statutes is created to read:

SB77,1639,8 343.21 (1) (bg) For the renewal of authorization to operate "Class M" motor vehicles, $6 in addition to any other fees due.

SB77, s. 4091 Section 4091. 343.21 (1) (d) of the statutes is amended to read:

SB77,1639,14 343.21 (1) (d) For the initial issuance or renewal of authorization to operate "Class A", "Class B" or "Class C" motor vehicles, or upgrading an existing regular license which only authorizes the operation of "Class D" motor vehicles, $32 $48. This fee includes issuance of any "H", "N", "P", "S" or "T" endorsements or "Class D" authorization applied for at the same time for which the applicant is qualified.

SB77, s. 4092 Section 4092. 343.21 (1) (i) of the statutes is amended to read:

SB77,1639,16 343.21 (1) (i) For Except as provided in par. (im), for an instruction permit, $20.

SB77, s. 4093 Section 4093. 343.21 (1) (im) of the statutes is created to read:

SB77,1639,19 343.21 (1) (im) For an instruction permit authorizing the operation of "Class M" vehicles, $22.