SB44: Bill Text

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.

SB44, s. 2551 Section 2551. 343.12 (4) (b) of the statutes is amended to read:

SB44,978,20 343.12 (4) (b) The department may, by rule, establish standards for the employment by an employer of a person under par. (a) 3. as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2) or, (2m), (3), or (3m) and any rules of the department applicable to residents.

SB44, s. 2552 Section 2552. 343.17 (3) (b) of the statutes is amended to read:

SB44,979,4 343.17 (3) (b) The reverse side of the license shall contain an explanation of any restriction codes or endorsement abbreviations used on the front of the license, in sufficient detail to identify the nature of the restrictions or endorsements to a law enforcement officer of this state or another jurisdiction. Except for a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e), a A part of the reverse side of each license shall be printed to serve as a document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an anatomical gift under s. 157.06 (2) (i).

SB44, s. 2553 Section 2553. 343.175 (2) (ag) of the statutes is amended to read:

SB44,979,11 343.175 (2) (ag) The department shall print a separate document to be issued to all persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e) and make provisions so that the document may be attached to the reverse side of the license document along one edge. This document shall serve as a document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an anatomical gift under s. 157.06 (2) (i).

SB44, s. 2554 Section 2554. 343.20 (1) (d) of the statutes is amended to read:

SB44,979,18 343.20 (1) (d) The department shall cancel an operator's license that is endorsed for the operation of school buses under s. 343.12 (3) or (3m), regardless of the license expiration date, if the licensee fails to provide proof to the department of an annual physical examination determining that the person meets the physical standards established under s. 343.12 (2) (g). The licensee may elect to surrender the license under s. 343.265 (1m).

SB44, s. 2555 Section 2555. 343.22 (2) (b) of the statutes is amended to read:

SB44,979,23 343.22 (2) (b) In lieu of applying for a duplicate license or identification card, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e).

SB44, s. 2556 Section 2556. 343.23 (2) (am) of the statutes is created to read:

SB44,979,25 343.23 (2) (am) The file specified in par. (a) shall include the following:

SB44,980,7 1. For a person holding a commercial driver license issued by the department, a record of any disqualification by another state or jurisdiction of the person from operating a commercial motor vehicle for at least 60 days or of the revocation, suspension, or cancellation by another state or jurisdiction of the person's commercial driver license for at least 60 days, and the violation that resulted in the disqualification, revocation, suspension, or cancellation, as specified in any notice received from the state or other jurisdiction in conformity with 49 USC 31311 (a) (8).

SB44,980,20 2. For a person holding a commercial driver license issued by the department, a record of any violation in another state of any state or local law of that state or any law of a federally recognized American Indian tribe or band in that state in conformity with any state law relating to motor vehicle traffic control, other than a parking violation, as specified in any notice received from the state in conformity with 49 USC 31311 (a) (9). The department shall record this information within 10 days after receipt of the notice. The department may not conceal, withhold, or mask from the department's file, or otherwise allow in any way a person to avoid the department's recording in the department's file of, any information of which the department has notice that is required to be recorded under this subdivision, regardless of whether the person has obtained deferral of imposition of judgment, been allowed to enter a diversion program, or otherwise obtained delayed or suspended judgment or alternative sentencing from a court.

SB44,980,25 3. For a person holding an operator's license, other than a commercial driver license, issued by the department, a record of any violation in another state or jurisdiction of operating a commercial motor vehicle without a commercial driver license, as specified in any notice received from the state or other jurisdiction in conformity with 49 USC 31311 (a) (9).

SB44,981,6 4. For a person holding a commercial driver license issued by any state, a record of each violation, while operating any motor vehicle, of 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 a parking violation. The department shall record the information under this subdivision within 10 days after the date of conviction.

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

SB44,981,25 343.23 (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 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, s. 2558 Section 2558. 343.307 (2) (d) of the statutes is amended to read:

SB44,982,4 343.307 (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, s. 2559 Section 2559. 343.31 (1) (ar) of the statutes is amended to read:

SB44,982,8 343.31 (1) (ar) Injury by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08 and which is criminal under s. 346.63 (6).

SB44, s. 2560 Section 2560. 343.31 (2) of the statutes is amended to read:

SB44,982,23 343.31 (2) The department shall revoke the operating privilege of any resident upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this section or for revocation under s. 343.30 (1q). Such offenses shall include violation of any law of another jurisdiction that prohibits use of a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof, or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke the privilege of the nonresident to operate a motor vehicle in this state. Such revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state.

SB44, s. 2561 Section 2561. 343.31 (2m) of the statutes is amended to read:

SB44,983,12 343.31 (2m) The department may suspend or revoke, respectively, the operating privilege of any resident upon receiving notice of the conviction of that person under a law of another jurisdiction or a federally recognized American Indian tribe or band in this state for an offense which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have permitted suspension or revocation of the person's operating privilege under s. 343.30 (1g). Upon receiving similar notice with respect to a nonresident, the department may suspend or revoke the privilege of the nonresident to operate a motor vehicle in this state. The suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state. A suspension or revocation under this subsection shall be for any period not exceeding 6 months.

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

SB44,983,17 343.315 (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:

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

SB44,983,23 343.315 (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 based on the person's operation of a commercial motor vehicle.

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

SB44,984,2 343.315 (2) (a) 8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.

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

SB44,984,10 343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial any motor vehicle on or after July 1, 1987, 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).