SB44: Bill Text

SB44, s. 2508 Section 2508. 304.06 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44,968,11 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB44, s. 2509 Section 2509. 304.073 of the statutes is repealed.

SB44, s. 2510 Section 2510. 304.074 (1) of the statutes is repealed.

SB44, s. 2511 Section 2511. 304.074 (4) of the statutes is repealed.

SB44, s. 2512 Section 2512. 340.01 (7m) of the statutes is amended to read:

SB44,968,21 340.01 (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 31301 to 31317, and the federal Motor Carrier Safety Improvement Act of 1999, P.L. 106-159, or by Canada or Mexico, and which authorizes the licensee to operate certain commercial motor vehicles.

SB44, s. 2513 Section 2513. 340.01 (13m) of the statutes is amended to read:

SB44,969,2 340.01 (13m) "Disqualification" means the loss or withdrawal of a person's privilege to operate a commercial motor vehicle relating to certain offenses committed by the person while driving or operating a motor vehicle or while on duty time with respect to a commercial motor vehicle.

SB44, s. 2514 Section 2514. 340.01 (46m) (a) of the statutes is amended to read:

SB44,969,6 340.01 (46m) (a) If the person has one or no 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.1 0.08 or more.

SB44, s. 2515 Section 2515. 340.01 (46m) (b) of the statutes is repealed.

SB44, s. 2516 Section 2516. 341.25 (1) (a) of the statutes is amended to read:

SB44,969,11 341.25 (1) (a) For each automobile, a fee of $45 $55, except that an automobile registered in this state prior to September 1, 1947, at a fee of less than $18 shall be registered at such lesser fee plus an additional fee of $2.

SB44, s. 2517 Section 2517. 341.43 (2) of the statutes is amended to read:

SB44,969,19 341.43 (2) Any person feeling aggrieved by a notice under this section of additional assessment, refund or denial of refund may, within 30 days after the receipt of the notice, petition the department for a redetermination. A person feeling aggrieved by a redetermination may appeal to the office of the commissioner of tax appeals commission in the manner provided for appeals of tax determinations under s. 73.01 (5). If an appeal of a redetermination is not filed within the time period provided under s. 73.01 (5), the redetermination is final and conclusive.

SB44, s. 2518 Section 2518. 342.14 (1) of the statutes is amended to read:

SB44,969,22 342.14 (1) For filing an application for the first certificate of title, $8.50 $18.50, by the owner of the vehicle.

SB44, s. 2519 Section 2519. 342.14 (1r) of the statutes is amended to read:

SB44,970,2 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9 $10.50, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2003.

SB44, s. 2520 Section 2520. 342.14 (3) of the statutes is amended to read:

SB44,970,5 342.14 (3) For a certificate of title after a transfer, $8.50 $18.50, by the owner of the vehicle.

SB44, s. 2521 Section 2521. 343.02 (1) of the statutes is amended to read:

SB44,970,12 343.02 (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 31301 to 31317, and the federal Motor Carrier Safety Improvement Act of 1999, P.L. 106-159, and the regulations adopted under that act those acts.

SB44, s. 2522 Section 2522. 343.03 (1) (a) of the statutes is amended to read:

SB44,970,16 343.03 (1) (a) The department shall institute a classified driver license system meeting all federal standards under 49 USC 31301 to 31317 and 49 CFR 383 and any other applicable provision of federal law.

SB44, s. 2523 Section 2523. 343.03 (3) (a) of the statutes is amended to read:

SB44,970,25 343.03 (3) (a) Regular license. The standard license legend is "regular" or a readily recognizable abbreviation thereof. The regular license, without any express endorsements or restrictions as provided in this chapter, authorizes the licensee to operate only "class D" vehicles as described in s. 343.04 (1) (d), except as otherwise provided in this subsection. The license may be endorsed to permit operation of Type 1 motorcycles or school buses that are not commercial motor vehicles. A regular license may be subject to restrictions, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44, s. 2524 Section 2524. 343.03 (3) (e) of the statutes is amended to read:

SB44,971,10 343.03 (3) (e) Occupational license. A license issued under s. 343.10 authorizing only the operation of motor vehicles other than "Class A", "Class B" or "Class C" vehicles shall be labeled "Occupational License". Licenses No license may be issued under s. 343.10 authorizing the operation of "Class A", "Class B" or "Class C" vehicles shall be labeled "CDL-Occupational". An occupational license may authorize the operation of "Class D" or "Class M" vehicles, or both, but may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2). The license may be subject to restrictions in addition to those provided in s. 343.10, including the attachment of a special restrictions card as provided in s. 343.17 (4).

SB44, s. 6m Section 6m. 343.03 (5) (title) of the statutes is amended to read:

SB44,971,12 343.03 (5) (title) Inquiries before issuance or renewal.

SB44, s. 2525 Section 2525. 343.03 (5) of the statutes is renumbered 343.03 (5) (a) and amended to read:

SB44,971,21 343.03 (5) (a) Before issuing a or renewing any 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.

SB44, s. 2526 Section 2526. 343.03 (5) (b) of the statutes is created to read:

SB44,972,2 343.03 (5) (b) 1. Before issuing or renewing a commercial driver license, the department shall, within the time period specified in 49 CFR 384.232, request from any other state that has issued an operator's license or commercial driver license to the person within the previous 10 years the complete driving record of the person.

SB44,972,8 2. Subdivision 1. does not apply to a renewal of a person's commercial driver license if the department has previously issued a renewal of the commercial driver license after the effective date of this subdivision .... [revisor inserts date], and, in connection with the previous renewal, the department recorded on the person's driving record under s. 343.23 (2) (a) the date on which the operator's record check under subd. 1. was performed.

SB44, s. 2527 Section 2527. 343.03 (6) of the statutes is renumbered 343.03 (6) (a).

SB44, s. 2528 Section 2528. 343.03 (6) (b) of the statutes is created to read:

SB44,972,13 343.03 (6) (b) The department shall, upon request and within 30 days of the request, provide to the driver licensing agencies of other states the complete driving record of any person currently or previously licensed by the department.

SB44, s. 2529 Section 2529. 343.03 (6) (c) of the statutes is created to read:

SB44,972,17 343.03 (6) (c) 1. The department shall, upon request and within the time period specified in s. 343.23 (2) (am) 2. and 4., provide the operating record file information specified in s. 343.23 (2) (am) 2. and 4. to any of the following requesters:

SB44,972,18 a. The person holding the commercial driver license.

SB44,972,19 b. The U.S. secretary of transportation.

SB44,972,21 c. Any employer or prospective employer of the person holding the commercial driver license, after notice to such person.

SB44,972,22 d. Any driver licensing agency of another state or law enforcement agency.

SB44,972,24 e. Any governmental entity having access to the commercial driver license information system.

SB44,972,25 f. Any authorized agent of a requester specified in subd. 1. a. to e.

SB44,973,3 2. The department shall not provide the operating record file information specified in s. 343.23 (2) (am) 2. and 4. to any requester other than those specified in subd. 1.

SB44, s. 2530 Section 2530. 343.03 (7) (title) of the statutes is amended to read:

SB44,973,6 343.03 (7) (title) Notification of commercial driver license issuance and certain violations.

SB44, s. 2531 Section 2531. 343.03 (7) of the statutes is renumbered 343.03 (7) (a).

SB44, s. 2532 Section 2532. 343.03 (7) (b) of the statutes is created to read:

SB44,973,16 343.03 (7) (b) Within 10 days after the disqualification of the holder of a commercial driver license from operating a commercial motor vehicle for at least 60 days, or after the revocation, suspension, or cancellation of a commercial driver license for at least 60 days, the department shall notify the commercial driver license information system and, if the license was not issued by the department, the state that issued the license of the disqualification, revocation, suspension, or cancellation and the violation that resulted in the disqualification, revocation, suspension, or cancellation.

SB44, s. 2533 Section 2533. 343.03 (7) (c) of the statutes is created to read:

SB44,973,25 343.03 (7) (c) Within 30 days after a conviction of the holder of a commercial driver license issued by another state for 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 relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another state, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the state that issued the license of the conviction.

SB44, s. 2534 Section 2534. 343.03 (7) (c) of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,974,10 343.03 (7) (c) Within 30 10 days after a conviction of the holder of a commercial driver license issued by another state for 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 relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another state, other than a commercial driver license, for operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the state that issued the license of the conviction.

SB44, s. 2535 Section 2535. 343.06 (2) of the statutes is amended to read:

SB44,974,19 343.06 (2) 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, or to any person whose operator's license or operating privilege is revoked, suspended, or canceled. Any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315.

SB44, s. 2536 Section 2536. 343.07 (1m) (intro.) of the statutes is amended to read:

SB44,975,10 343.07 (1m) Commercial motor vehicle and school bus instruction permits; issuance, restrictions. (intro.) Upon application therefor by a person at least 18 years of age who holds a valid operator's license issued under this chapter and who, except for lack of training in the operation of a commercial motor vehicle or school bus, is qualified to obtain authorization for the operation of such vehicle including having passed the applicable knowledge tests, the department may issue an instruction permit for commercial motor vehicle or school bus operation or a combination instruction permit. A permit limited to commercial motor vehicle instructional operation entitles the permittee to operate only a commercial motor vehicle other than a school bus upon the highways. A permit limited to school bus instructional operation entitles the permittee to operate only a school bus that is not a commercial motor vehicle upon the highways. Both A combination commercial motor vehicle and school bus instruction permit entitles the permittee to operate a school bus that is a commercial motor vehicle upon the highways. These permits are subject to the following restrictions:

SB44, s. 2537 Section 2537. 343.10 (1) (b) of the statutes is amended to read:

SB44,975,22 343.10 (1) (b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The application shall identify the applicant's employer, and include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of sub. (5). The applicant shall certify whether, to the best of personal knowledge, he or she is disqualified under s. 343.315.

SB44, s. 2538 Section 2538. 343.10 (1) (d) of the statutes is repealed.

SB44, s. 2539 Section 2539. 343.10 (1) (e) of the statutes is repealed.

SB44, s. 2540 Section 2540. 343.10 (1) (f) of the statutes is repealed.

SB44, s. 2541 Section 2541. 343.10 (2) (c) of the statutes is amended to read:

SB44,976,4 343.10 (2) (c) No occupational license permitting the operation of a commercial motor vehicle may be granted to a person during a period of disqualification under s. 343.315.

SB44, s. 2542 Section 2542. 343.10 (7) (e) of the statutes is amended to read:

SB44,976,16 343.10 (7) (e) The occupational license issued by the department shall contain the restrictions required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate commercial or noncommercial motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a commercial or noncommercial motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.

SB44, s. 2543 Section 2543. 343.10 (7) (g) of the statutes is repealed.

SB44, s. 2544 Section 2544. 343.12 (2) (intro.) of the statutes is amended to read:

SB44,976,21 343.12 (2) (intro.) The department shall issue a school bus endorsement to a person, authorizing operation of a school bus that is not a commercial motor vehicle, only if such person meets all of the following requirements:

SB44, s. 2545 Section 2545. 343.12 (2m) of the statutes is created to read:

SB44,977,2 343.12 (2m) The department shall issue a school bus endorsement to a person, authorizing operation of a school bus that is a commercial motor vehicle, only if such person meets all of the requirements specified in sub. (2) and, in addition, meets all of the following requirements:

SB44,977,3 (a) Holds a valid commercial driver license.

SB44,977,5 (b) Qualifies for the endorsement under s. 343.17 (3) (d) 3., including passing the knowledge and driving skills tests required for obtaining such an endorsement.

SB44,977,7 (c) Passes a knowledge test in compliance with the requirements of 49 CFR 383.123 (a) (2).

SB44,977,11 (d) Passes a driving skills test in compliance with the requirements of 49 CFR 383.123 (a) (3). To the extent that the test specified under sub. (2) (h) and s. 343.16 (1) meets the requirements of 49 CFR 383.123 (a) (3), no additional driving skills test is required.

SB44, s. 2546 Section 2546. 343.12 (3) of the statutes is amended to read:

SB44,977,18 343.12 (3) The department may issue a school bus endorsement to a person who is more than 70 years of age, authorizing the operation of a school bus other than a commercial motor vehicle, if the person meets the requirements specified in sub. (2) (c) to (f) and (h) before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g).

SB44, s. 2547 Section 2547. 343.12 (3m) of the statutes is created to read:

SB44,978,2 343.12 (3m) Notwithstanding sub. (2) (a) and (g), the department may issue a school bus endorsement to a person who is more than 70 years of age, authorizing the operation of a school bus that is a commercial motor vehicle, if the person meets the requirements specified in sub. (2m) (a) to (d), before issuance of the endorsement and annually takes and passes a physical examination prior to issuance or renewal of the endorsement to determine that the person meets the physical standards established under sub. (2) (g).

SB44, s. 2548 Section 2548. 343.12 (4) (a) 1. of the statutes is amended to read:

SB44,978,9 343.12 (4) (a) 1. The person is a nonresident holding a valid commercial driver license with a "P" passenger endorsement and any additional endorsements required by the person's home jurisdiction for the operation of a school bus , if the school bus is not a commercial motor vehicle, or is a nonresident holding a valid commercial driver license with an "S" endorsement if the school bus is a commercial motor vehicle, and the origin or destination of the trip is in another state.

SB44, s. 2549 Section 2549. 343.12 (4) (a) 2. of the statutes is repealed.

SB44, s. 2550 Section 2550. 343.12 (4) (a) 3. of the statutes is amended to read:

SB44,978,14 343.12 (4) (a) 3. The person is a resident of Iowa, Illinois, Michigan or Minnesota and holds a valid operator's license authorizing the operation of a the type of school bus being operated.