AB1078: Bill Text

2005 Assembly BILL 1078

February 28, 2006 - Introduced by Representatives Petrowski, Stone, Ott, Pettis, Krawczyk and Boyle, cosponsored by Senators Lazich and S. Fitzgerald. Referred to Committee on Highway Safety.

AB1078,2,3 An Act to repeal 343.63 (title), 343.63 (3) and (6), 343.64 (title) and (1) (intro.), 343.64 (1) (d), 343.65 (title), 343.65 (1) (intro.) and (a), 343.665 (title), 343.67, 343.675, 343.68, 343.70 (title), 343.71 (1) and 343.72 (8); to renumber 343.72 (4); to renumber and amend 343.60 (1), 343.60 (4), 343.61 (3), 343.61 (4), 343.61 (5), 343.61 (6), 343.62 (3), 343.63 (intro.), (1), (2), (4) and (5), 343.63 (5m), 343.64 (1) (a), 343.64 (1) (b), 343.64 (1) (c), 343.64 (1) (e), 343.64 (1) (f), 343.64 (1) (g), 343.64 (2), 343.65 (1) (b), 343.65 (2), 343.66, 343.665 (1), 343.665 (2), 343.69, 343.70 (1), 343.70 (2), 343.71 (intro.), 343.71 (2), 343.71 (3), 343.72 (2), 343.72 (3), 343.72 (5) and 343.72 (9); to amend 343.60 (3), 343.61 (1), 343.62 (1), 343.66 (title), 343.69 (title), 343.71 (title), 343.72 (1), 343.72 (6), 343.72 (7), 343.72 (11), 343.72 (12) and 343.73; to repeal and recreate 343.61 (title) and 343.62 (title); and to create 343.60 (1) (c), (d) and (e), 343.60 (1g), 343.61 (2) (a) 3., 343.61 (2) (a) 4., 343.61 (2) (am), 343.61 (2m) (intro.), 343.61 (3) (b), (c) and (d), 343.61 (3m) (b), 343.61 (5m), 343.62 (3) (a) 2., 343.62 (3) (b), 343.62 (4) (a) 3., 343.62 (4) (c), 343.69 (2), 343.71 (5) and 343.72 (5m) of the statutes; relating to: licensing and activities of driver schools and instructors, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Transportation (DOT) licenses driver education schools. A driver education school is a school that gives, for compensation, instruction for driving a motor vehicle, except that a program that is offered as a course in a high school or technical college is not considered a driver education school under current law. This bill changes the standards for licensing, testing, and regulating driver education schools and driver education instructors.

The bill raises the license fee from $75 to $95 and extends the license period for driver schools from the end of the calendar year after issuance to up to 24 months after issuance. Under the bill, a driver school must provide DOT with proof of insurance, in an amount determined by DOT, in order to be licensed.

The bill extends the license period for instructors from one year to up to 24 months and adds the requirement that a driver education instructor be at least 19 years of age and have at least two years of licensed driving experience. If a person wishes to be an instructor, he or she must pass testing by DOT. Under the bill, if a person fails two tests, the person must wait for at least one year before he or she may be tested again. The bill also requires DOT to test applicants for driver education instructors for communication and teaching skills.

Under the bill, any driver education school may be authorized by DOT to provide knowledge tests for students under age 18 and for instructors at the school. The bill allows DOT to set rules for safety standards for training vehicles and provides DOT broader discretion in setting disqualifying offenses for driver education school directors.

Under current law, a person who commits a violation of the driver education school standards may be fined not less than $25 nor more than $100 or imprisoned for not more than 30 days for each offense. This bill requires DOT to set a system of progressive enforcement action taken against licensees for violations, and states that a person who commits a violation of the driver education school or instructor standards may be fined not less than $100 nor more than $200 for each violation.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1078, s. 1 Section 1. 343.60 (1) of the statutes is renumbered 343.60 (1) (intro.) and amended to read:

AB1078,3,5 343.60 (1) (intro.) "Driver school" means the a business of giving that gives instruction, for compensation, in the driving operation of motor vehicles, except that it does not include a any of the following:

AB1078,3,10 (a) A high school or technical college which that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board and it does not include an.

AB1078,3,12 (b) An institution of higher learning which that teaches driver training as part of its teacher training program.

AB1078, s. 2 Section 2. 343.60 (1) (c), (d) and (e) of the statutes are created to read:

AB1078,3,15 343.60 (1) (c) A motorcycle training school that offers a basic or experienced rider training course approved by the department.

AB1078,3,17 (d) Any driver training school that offers training exclusively in the operation of vehicles designed and manufactured for off-highway operation.

AB1078,3,18 (e) An instructor.

AB1078, s. 3 Section 3. 343.60 (1g) of the statutes is created to read:

AB1078,4,3 343.60 (1g) "Driver school classroom" means any facility that is approved by the department and used to conduct driver training, but does not include a motor vehicle.

AB1078, s. 4 Section 4. 343.60 (3) of the statutes is amended to read:

AB1078,4,9 343.60 (3) "Instructor" means any person who is employed by a driver school licensed under this chapter and who, for compensation, gives instruction in the driving operation of a motor vehicle , except a person who is employed as a full time instructor by a high school, technical college or institution of higher learning as provided in sub. (1).

AB1078, s. 5 Section 5. 343.60 (4) of the statutes is renumbered 343.60 (1m) and amended to read:

AB1078,4,14 343.60 (1m) "Place of business Driver school office" means the location at which the driver school business is conducted and approved by the department. "Driver school office" does not include any facility used only as a driver school classroom.

AB1078, s. 6 Section 6. 343.61 (title) of the statutes is repealed and recreated to read:

AB1078,4,16 343.61 (title) Driver school requirements.

AB1078, s. 7 Section 7. 343.61 (1) of the statutes is amended to read:

AB1078,4,22 343.61 (1) The department shall issue and renew driver school licenses in conformity with the requirements of this subchapter. No person shall conduct may operate a driver school without being licensed therefor, advertise, solicit bids for business, or provide services unless the person holds a valid driver school license issued by the department.

AB1078, s. 8 Section 8. 343.61 (2) (a) 3. of the statutes is created to read:

AB1078,4,25 343.61 (2) (a) 3. Identification of all driver school office and driver school classroom locations.

AB1078, s. 9 Section 9. 343.61 (2) (a) 4. of the statutes is created to read:

AB1078,5,2 343.61 (2) (a) 4. Proof of insurance required under sub. (3m) (a).

AB1078, s. 10 Section 10. 343.61 (2) (am) of the statutes is created to read:

AB1078,5,7 343.61 (2) (am) A driver school may provide to the department a written certification that the driver school has complied with all applicable driver school office and driver school classroom requirements imposed under this subchapter or under any rule promulgated by the department under this subchapter.

AB1078, s. 11 Section 11. 343.61 (2m) (intro.) of the statutes is created to read:

AB1078,5,10 343.61 (2m) (intro.) The department may not issue or renew a driver school license if any of the following applies:

AB1078, s. 12 Section 12. 343.61 (3) of the statutes is renumbered 343.61 (3) (a) 1. and amended to read:

AB1078,5,14 343.61 (3) (a) 1. The required fee for any driver school license, or for any annual renewal thereof, is $75 or, for licenses issued or renewed after August 31, 1998, $95.

AB1078, s. 13 Section 13. 343.61 (3) (b), (c) and (d) of the statutes are created to read:

AB1078,5,18 343.61 (3) (b) In addition to the fee under par. (a), an applicant or licensee under this section shall pay a one-time fee of $10 for each mailing address where one or more driver school classrooms are located.

AB1078,5,19 (c) The fee for a duplicate license certificate provided under sub. (4) (a) is $10.

AB1078,5,21 (d) The department shall charge a fee of $10 for any change to a license certificate, including a change in the location of a driver school office.

AB1078, s. 14 Section 14. 343.61 (3m) (b) of the statutes is created to read:

AB1078,5,24 343.61 (3m) (b) A driver school shall file with the department a bond in the form and amount established by the department by rule.

AB1078, s. 15 Section 15. 343.61 (4) of the statutes is renumbered 343.61 (4) (a) and amended to read:

AB1078,6,8 343.61 (4) (a) If the department approves an application for a driver school license is approved by the department and the applicant pays the required fee paid, the applicant department shall be granted issue a license, and shall be issued provide a license certificate, to the applicant. The licensee shall display such the certificate in the licensee's place of business driver school office, but is not required to display the certificate in any driver school classroom.

AB1078, s. 16 Section 16. 343.61 (5) of the statutes is renumbered 343.61 (3) (a) 2. and amended to read:

AB1078,6,18 343.61 (3) (a) 2. A driver school license expires at the end of the calendar year, for which it is granted on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fees specified under subd. 1.

AB1078, s. 17 Section 17. 343.61 (5m) of the statutes is created to read:

AB1078,6,24 343.61 (5m) Any driver school licensed under this section may be authorized by the department to provide testing, limited to knowledge and signs tests, for students of the driver schools who are under the age of 18 and for driver school instructors. Authorized driver schools providing such testing shall meet standards and follow procedures established by the department by rule.

AB1078, s. 18 Section 18. 343.61 (6) of the statutes is renumbered 343.71 (5), and 343.71 (5) (intro.), as renumbered, is amended to read:

AB1078,7,4 343.71 (5) (intro.) No The department may not license a driver school may be licensed unless its approved course of instruction does all of the following:

AB1078, s. 19 Section 19. 343.62 (title) of the statutes is repealed and recreated to read:

AB1078,7,6 343.62 (title) Instructor requirements.

AB1078, s. 20 Section 20. 343.62 (1) of the statutes is amended to read:

AB1078,7,16 343.62 (1) No person holding a driver school license shall employ any person as an instructor unless such person is licensed by the department to act as such instructor The department shall issue and renew instructor's licenses in conformity with the requirements of this subchapter. No person, including the a person holding the a driver school license, shall may act as an instructor in such a driver school unless such person is licensed the person holds a valid instructor's license issued by the department to act as such instructor. No driver school may employ any person as an instructor unless the person holds a valid instructor's license issued by the department.

AB1078, s. 21 Section 21. 343.62 (3) of the statutes is renumbered 343.62 (3) (a) 1. and amended to read:

AB1078,7,20 343.62 (3) (a) 1. The required annual fee for any an instructor's license, or for any annual renewal thereof, is $25.

AB1078, s. 22 Section 22. 343.62 (3) (a) 2. of the statutes is created to read:

AB1078,8,3 343.62 (3) (a) 2. An instructor's license expires on the date stated on the license, but not later than 24 months after the date on which the license is issued. The department may institute any system of initial license issuance that it considers advisable for the purpose of gaining a uniform rate of renewals. To put such a system into operation, the department may issue licenses that are valid for any period less than one year. If the department issues a license that is valid for less than one year, the department shall accordingly prorate the fee specified in subd. 1.

AB1078, s. 23 Section 23. 343.62 (3) (b) of the statutes is created to read:

AB1078,8,8 343.62 (3) (b) If an instructor's license is lost, the department shall issue a replacement upon receipt of a completed application, satisfactory proof of the instructor's eligibility, satisfactory proof of loss, and a fee established by the department by rule.

AB1078, s. 24 Section 24. 343.62 (4) (a) 3. of the statutes is created to read:

AB1078,8,12 343.62 (4) (a) 3. The applicant is at least 19 years of age, holds a valid regular operator's license, and has at least 2 years of licensed experience operating a motor vehicle.

AB1078, s. 25 Section 25. 343.62 (4) (c) of the statutes is created to read:

AB1078,8,18 343.62 (4) (c) The department may not renew an instructor's license issued under this section unless the licensee meets the requirements specified under par. (a) 3. to 9., except that an instructor's license that is restricted to classroom instruction may be renewed to an applicant who meets the requirements specified in par. (a) 4. and 6. to 9.

AB1078, s. 26 Section 26. 343.63 (title) of the statutes is repealed.

AB1078, s. 27 Section 27. 343.63 (intro.), (1), (2), (4) and (5) of the statutes are renumbered 343.62 (4) (a) (intro.), 1., 2., 4. and 5. and amended to read:

AB1078,8,25 343.62 (4) (a) (intro.) All applicants for Except as provided in par. (b), the department may not issue an original instructor's license shall be examined, and other applicants may be examined, by the department as follows to an applicant unless all of the following apply:

AB1078,9,13 1. A written and oral The applicant completes a knowledge test shall be completed by the applicant and shall be developed by the department and administered as provided by rule, and designed to evaluate the applicant's knowledge of instruction procedures, motor vehicle and traffic laws, safety equipment requirements, and functions of essential automotive equipment. The, and the applicant must receive passes the test with a score of at least 80 per cent percent. An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under s. 343.69 of any determination by the department under this subdivision.

AB1078,9,25 2. The applicant must pass a road passes, with a score that exceeds the minimum standard for obtaining an operator's license, a driving skills test not less than 5 miles long, which shall include that includes driving maneuvers and parking involved in typical traffic situations. The passing score of the applicant must exceed the minimum standard set for obtaining an operator's license by the state An applicant who fails to receive a passing score may be reexamined, except that an applicant who fails to pass the test after 2 successive attempts may not be reexamined until one year has elapsed since the date of the last test. The department may by rule provide for an alternative requirement for the issuance of an instructor license in lieu of taking and passing the test under this subdivision. An applicant may not seek review under s. 343.69 of any determination by the department under this subdivision.

AB1078,10,9 4. The applicant shall submit submits with his or her the application a statement completed within the immediately preceding 24 months, except as provided by rule, by a registered physician showing licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state, and listed in the Christian Science journal certifying that, in the physician's medical care provider's judgment, the applicant is physically fit to teach driving.

AB1078,10,16 5. Except for a license which is restricted to classroom instruction, no license shall be issued to an The applicant who has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed is able to safely operate the foot brake and foot accelerator and control, from the passenger seat, a motor vehicle of the vehicle class and type in which the applicant will provide instruction for which satisfactory accommodation cannot be provided by adaptive vehicle equipment.

AB1078, s. 28 Section 28. 343.63 (3) and (6) of the statutes are repealed.

AB1078, s. 29 Section 29. 343.63 (5m) of the statutes is renumbered 343.62 (4) (b) and amended to read:

AB1078,11,6 343.62 (4) (b) The Notwithstanding par. (a), the department may issue an original instructor's license which that is restricted to classroom instruction to an applicant who does not otherwise qualify for a license because of a test result under sub. (3) or because the applicant has suffered an amputation or loss of the full use of either upper limb or loss of the natural use of the foot normally employed to operate the foot brake and foot accelerator, as specified in sub. (5) the applicant does not meet the requirements specified in par. (a) 2., 3., or 5. The department may not issue an instructor's license that is restricted to classroom instruction under this paragraph unless the applicant satisfies standards established by the department by rule relating to the ability of the applicant to communicate clearly and concisely and to control the classroom environment and behavior and establishing any further certification required by the department.

AB1078, s. 30 Section 30. 343.64 (title) and (1) (intro.) of the statutes are repealed.

AB1078, s. 31 Section 31. 343.64 (1) (a) of the statutes is renumbered 343.61 (2m) (f) and amended to read:

AB1078,11,11 343.61 (2m) (f) Such The applicant has made a material false statement or concealed a material fact in the an application;.

AB1078, s. 32 Section 32. 343.64 (1) (b) of the statutes is renumbered 343.61 (2m) (a) and amended to read:

AB1078,11,22 343.61 (2m) (a) Such The applicant or licensee or any officer, director, partner or other person directly interested in or actively involved in the driver school business was a former holder of, or actively involved in a driver school business operating under, a license granted issued under s. 343.61 this section or a similar license issued by another jurisdiction or was directly interested in or a party actively involved in another driver school which held a license under s. 343.61 and which this section or a similar license issued by another jurisdiction, or was the former holder of an instructor license issued under s. 343.62, and any such license was revoked or suspended;.