SB44: Bill Text

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SB44, s. 2543 Section 2543. 343.10 (7) (g) of the statutes is repealed.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

SB44, s. 2566 Section 2566. 343.315 (2) (f) (intro.) of the statutes is amended to read:

SB44,984,22 343.315 (2) (f) (intro.) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial any motor vehicle. The 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means any of the following offenses committed while operating a commercial motor vehicle, or any of the following offenses committed while operating any motor vehicle if the offense results in the revocation, cancellation, or suspension of the person's operator's license or operating privilege:

SB44, s. 2567 Section 2567. 343.315 (2) (f) 2. of the statutes is amended to read:

SB44,985,3 343.315 (2) (f) 2. 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 or any law of another jurisdiction relating to motor vehicle traffic control, arising in connection with a fatal accident, other than parking, vehicle weight or vehicle defect violations, or violations to which par. (a) 7. applies.

SB44, s. 2568 Section 2568. 343.315 (2) (f) 6. of the statutes is created to read:

SB44,985,6 343.315 (2) (f) 6. Operating a commercial motor vehicle when the person has not obtained a commercial driver license.

SB44, s. 2569 Section 2569. 343.315 (2) (f) 7. of the statutes is created to read:

SB44,985,15 343.315 (2) (f) 7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards issued under s. 343.10 (7) (d) or 343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.

SB44, s. 2570 Section 2570. 343.315 (2) (f) 8. of the statutes is created to read:

SB44,985,19 343.315 (2) (f) 8. Operating a commercial motor vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

SB44, s. 2571 Section 2571. 343.315 (2) (k) of the statutes is created to read:

SB44,986,2 343.315 (2) (k) A person disqualified by federal authorities under 49 USC 31310 (f) and 49 CFR 383.52 on the basis that the person's continued operation of a commercial motor vehicle would create an imminent hazard, as defined in 49 USC 5102 and 49 CFR 383.5, is disqualified from operating a commercial motor vehicle for the period of disqualification determined by the federal authority upon receipt by the department of the notice of disqualification provided for in 49 CFR 383.52 (d).

SB44, s. 2572 Section 2572. 343.44 (1) (d) of the statutes is amended to read:

SB44,986,10 343.44 (1) (d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway motor carrier safety administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.

SB44, s. 2573 Section 2573. 343.44 (2) (b) (intro.) of the statutes is amended to read:

SB44,986,16 343.44 (2) (b) (intro.) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

SB44, s. 2574 Section 2574. 343.44 (2) (bm) of the statutes is created to read:

SB44,986,21 343.44 (2) (bm) Any person who violates sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5.

SB44, s. 2575 Section 2575. 344.185 (2) (e) 2. of the statutes is amended to read:

SB44,987,2 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 2576 Section 2576. 344.576 (3) (a) 5. of the statutes is amended to read:

SB44,987,5 344.576 (3) (a) 5. The address and telephone number of the department of agriculture, trade and consumer protection justice.

SB44, s. 2577 Section 2577. 344.576 (3) (c) of the statutes is amended to read:

SB44,987,11 344.576 (3) (c) The department of agriculture, trade and consumer protection justice shall promulgate rules specifying the form of the notice required under par. (a), including the size of the paper and the type size and any highlighting of the information described in par. (a). The rule may specify additional information that must be included in the notice and the precise language that must be used.

SB44, s. 2578 Section 2578. 344.579 (2) (intro.) of the statutes is amended to read:

SB44,987,16 344.579 (2) Enforcement. (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of ss. 344.574, 344.576 (1), (2) and (3) (a) and (b), 344.577 and 344.578. The department of agriculture, trade and consumer protection justice may on behalf of the state:

SB44, s. 2579 Section 2579. 345.08 of the statutes is amended to read:

SB44,988,6 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

SB44, s. 2580 Section 2580. 346.177 (3) of the statutes is amended to read:

SB44,988,14 346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB44, s. 2581 Section 2581. 346.177 (4) of the statutes is amended to read:

SB44,988,21 346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB44, s. 2582 Section 2582. 346.45 (3) (d) of the statutes is amended to read: