LRB-4728/1
PJH:kjf:pg
2005 - 2006 LEGISLATURE
February 28, 2006 - Introduced by Senators Lazich and S. Fitzgerald, cosponsored
by Representatives Petrowski, Stone, Ott, Pettis, Krawczyk and Boyle.
Referred to Committee on Natural Resources and Transportation.
SB640,2,3 1An Act to repeal 343.63 (title), 343.63 (3) and (6), 343.64 (title) and (1) (intro.),
2343.64 (1) (d), 343.65 (title), 343.65 (1) (intro.) and (a), 343.665 (title), 343.67,
3343.675, 343.68, 343.70 (title), 343.71 (1) and 343.72 (8); to renumber 343.72
4(4); to renumber and amend 343.60 (1), 343.60 (4), 343.61 (3), 343.61 (4),
5343.61 (5), 343.61 (6), 343.62 (3), 343.63 (intro.), (1), (2), (4) and (5), 343.63 (5m),
6343.64 (1) (a), 343.64 (1) (b), 343.64 (1) (c), 343.64 (1) (e), 343.64 (1) (f), 343.64
7(1) (g), 343.64 (2), 343.65 (1) (b), 343.65 (2), 343.66, 343.665 (1), 343.665 (2),
8343.69, 343.70 (1), 343.70 (2), 343.71 (intro.), 343.71 (2), 343.71 (3), 343.72 (2),
9343.72 (3), 343.72 (5) and 343.72 (9); to amend 343.60 (3), 343.61 (1), 343.62
10(1), 343.66 (title), 343.69 (title), 343.71 (title), 343.72 (1), 343.72 (6), 343.72 (7),
11343.72 (11), 343.72 (12) and 343.73; to repeal and recreate 343.61 (title) and
12343.62 (title); and to create 343.60 (1) (c), (d) and (e), 343.60 (1g), 343.61 (2) (a)
133., 343.61 (2) (a) 4., 343.61 (2) (am), 343.61 (2m) (intro.), 343.61 (3) (b), (c) and
14(d), 343.61 (3m) (b), 343.61 (5m), 343.62 (3) (a) 2., 343.62 (3) (b), 343.62 (4) (a)

13., 343.62 (4) (c), 343.69 (2), 343.71 (5) and 343.72 (5m) of the statutes; relating
2to:
licensing and activities of driver schools and instructors, granting
3rule-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:
SB640, s. 1 1Section 1. 343.60 (1) of the statutes is renumbered 343.60 (1) (intro.) and
2amended to read:
SB640,3,53 343.60 (1) (intro.) "Driver school" means the a business of giving that gives
4instruction, for compensation, in the driving operation of motor vehicles, except that
5it does not include a any of the following:
SB640,3,10 6(a) A high school or technical college which that teaches driver training as part
7of its regular school program and whose course of study in driver training meets the
8criteria for a driver education course under this chapter
has been approved by the
9department of public instruction or technical college system board and it does not
10include an
.
SB640,3,12 11(b) An institution of higher learning which that teaches driver training as part
12of its teacher training program.
SB640, s. 2 13Section 2. 343.60 (1) (c), (d) and (e) of the statutes are created to read:
SB640,3,1514 343.60 (1) (c) A motorcycle training school that offers a basic or experienced
15rider training course approved by the department.
SB640,3,1716 (d) Any driver training school that offers training exclusively in the operation
17of vehicles designed and manufactured for off-highway operation.
SB640,3,1818 (e) An instructor.
SB640, s. 3 19Section 3. 343.60 (1g) of the statutes is created to read:
SB640,4,3
1343.60 (1g) "Driver school classroom" means any facility that is approved by
2the department and used to conduct driver training, but does not include a motor
3vehicle.
SB640, s. 4 4Section 4. 343.60 (3) of the statutes is amended to read:
SB640,4,95 343.60 (3) "Instructor" means any person who is employed by a driver school
6licensed under this chapter and
who, for compensation, gives instruction in the
7driving operation of a motor vehicle , except a person who is employed as a full time
8instructor by a high school, technical college or institution of higher learning as
9provided in sub. (1)
.
SB640, s. 5 10Section 5. 343.60 (4) of the statutes is renumbered 343.60 (1m) and amended
11to read:
SB640,4,1412 343.60 (1m) "Place of business Driver school office" means the location at which
13the driver school business is conducted and approved by the department. "Driver
14school office" does not include any facility used only as a driver school classroom
.
SB640, s. 6 15Section 6. 343.61 (title) of the statutes is repealed and recreated to read:
SB640,4,16 16343.61 (title) Driver school requirements.
SB640, s. 7 17Section 7. 343.61 (1) of the statutes is amended to read:
SB640,4,2218 343.61 (1) The department shall issue and renew driver school licenses in
19conformity with the requirements of this subchapter.
No person shall conduct may
20operate a driver school without being licensed therefor, advertise, solicit bids for
21business, or provide services unless the person holds a valid driver school license
22issued
by the department.
SB640, s. 8 23Section 8. 343.61 (2) (a) 3. of the statutes is created to read:
SB640,4,2524 343.61 (2) (a) 3. Identification of all driver school office and driver school
25classroom locations.
SB640, s. 9
1Section 9. 343.61 (2) (a) 4. of the statutes is created to read:
SB640,5,22 343.61 (2) (a) 4. Proof of insurance required under sub. (3m) (a).
SB640, s. 10 3Section 10. 343.61 (2) (am) of the statutes is created to read:
SB640,5,74 343.61 (2) (am) A driver school may provide to the department a written
5certification that the driver school has complied with all applicable driver school
6office and driver school classroom requirements imposed under this subchapter or
7under any rule promulgated by the department under this subchapter.
SB640, s. 11 8Section 11. 343.61 (2m) (intro.) of the statutes is created to read:
SB640,5,109 343.61 (2m) (intro.) The department may not issue or renew a driver school
10license if any of the following applies:
SB640, s. 12 11Section 12. 343.61 (3) of the statutes is renumbered 343.61 (3) (a) 1. and
12amended to read:
SB640,5,1413 343.61 (3) (a) 1. The required fee for any driver school license, or for any annual
14renewal thereof, is $75 or, for licenses issued or renewed after August 31, 1998, $95.
SB640, s. 13 15Section 13. 343.61 (3) (b), (c) and (d) of the statutes are created to read:
SB640,5,1816 343.61 (3) (b) In addition to the fee under par. (a), an applicant or licensee under
17this section shall pay a one-time fee of $10 for each mailing address where one or
18more driver school classrooms are located.
SB640,5,1919 (c) The fee for a duplicate license certificate provided under sub. (4) (a) is $10.
SB640,5,2120 (d) The department shall charge a fee of $10 for any change to a license
21certificate, including a change in the location of a driver school office.
SB640, s. 14 22Section 14. 343.61 (3m) (b) of the statutes is created to read:
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