LRB-3921/4
EVM:cjs:ph
2009 - 2010 LEGISLATURE
February 11, 2010 - Introduced by Representatives Hixson, Jorgensen, A.
Williams
and Turner, cosponsored by Senators Coggs and Miller. Referred
to Committee on Transportation.
AB724,1,5 1An Act to amend 346.03 (1); and to create 20.395 (5) (ru), 85.57 and 346.03 (7)
2of the statutes; relating to: creating an ambulance operator safety program in
3the Department of Transportation, rules of the road applicable to the operation
4of ambulances, requiring the exercise of rule-making authority, and making an
5appropriation.
Analysis by the Legislative Reference Bureau
Under current law, authorized emergency vehicles include police vehicles, fire
department vehicles, and ambulances. When the operator of an authorized
emergency vehicle is responding to an emergency call or in pursuit of an actual or
suspected violator of the law, the operator is exempt from traffic restrictions relating
to speed, traffic signals, and direction of travel if the operator activates the vehicle's
warning lights and siren, but must drive with due regard under the circumstances
for the safety of all persons. The operator is also exempt from traffic restrictions
relating to parking if the operator activates the vehicle's warning lights.
Also under current law, ambulance operators are not required to participate in
or complete any specialized driver training program.
This bill requires the Department of Transportation (DOT) to establish and
administer an ambulance operator safety program consisting of several components.
First, DOT must promulgate rules setting standards for the safe operation of
ambulances. Second, DOT must establish a system of certification for operators of
ambulances based on the completion of an ambulance operator safety course. DOT

must prescribe the mandatory curriculum and components of an ambulance operator
safety course, which must include classroom instruction and actual practice driving
an ambulance accompanied by an instructor. The course must be consistent with the
safe operation of ambulance standards promulgated by DOT. DOT must provide
standards for the duration of the course, a mandatory written examination, and a
mandatory driving skills test, and any other standards for instruction or
examination considered necessary by DOT. Third, DOT must establish a system of
recertification for ambulance operators, requiring recertification every three years.
Applicants for recertification must pass the written examination required for initial
certification as an ambulance operator and, every six years, retake the ambulance
operator safety course. Fourth, DOT is authorized to certify, as third-party
ambulance operator safety course administrators, driver schools and technical
colleges that offer emergency vehicle operator courses if they have met criteria
established by DOT and paid an application fee. A third-party administrator may
test applicants for certification and recertification as ambulance operators, as well
as conduct the ambulance operator safety course. Finally, the bill requires DOT to
advise ambulance owners of the safety program and these new requirements for
ambulance operators.
Also under this bill, for the authorized emergency vehicle exemption from
traffic restrictions to apply, the operator of an ambulance must be currently certified
by DOT.
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:
AB724, s. 1 1Section 1. 20.395 (5) (ru) of the statutes is created to read:
AB724,2,52 20.395 (5) (ru) Ambulance operator safety course administrator certification,
3state funds.
All moneys received from fees under s. 85.57 (6) (b), for the purpose of
4certifying 3rd-party ambulance operator safety course administrators under s.
585.57 (6) (a).
AB724, s. 2 6Section 2. 85.57 of the statutes is created to read:
AB724,2,9 785.57 Ambulance operator safety program. (1) The department shall
8establish and administer an ambulance operator safety program to promote the safe
9operation of ambulances.
AB724,3,8
1(2) The program under this section shall include providing a safety course to
2operators of ambulances under s. 340.01 (3) (g) or (i). The course shall require
3training consistent with the standards established under sub. (3) (a) and shall meet
4the requirements established under sub. (3) (b). The department shall provide
5certification to each person who successfully completes an ambulance operator
6safety course under this subsection. This certification shall expire every 3 years after
7the initial certification. A person whose certification has expired or is within 180
8days of expiration may be recertified as provided by rule under sub. (3) (c).
AB724,3,10 9(3) The department shall promulgate rules to implement and administer this
10section, including rules that do all of the following:
AB724,3,1211 (a) Establish standards for the safe operation of ambulances under s. 340.01
12(3) (g) or (i), including emergency operating techniques.
AB724,3,1913 (b) Establish a minimum mandatory curriculum and establish required
14components for the ambulance operator safety course under sub. (2), which shall
15include classroom instruction and actual practice driving an ambulance
16accompanied by an instructor. The rules shall establish standards for the duration
17of the course, standards for a required written examination, standards for a required
18ambulance operating skills test, and any other standards for instruction or
19examination considered necessary by the department.
AB724,3,2420 (c) Establish a system for recertification of ambulance operators under sub. (2).
21The rules under this paragraph shall require that, to be recertified, ambulance
22operators must pass the written examination required under par. (b) and must, at
23least once every 6 years after the initial certification, complete the ambulance
24operator safety course under sub. (2).
AB724,4,2
1(d) Establish requirements for certification of 3rd-party ambulance operator
2safety course administrators under sub. (6).
AB724,4,43 (e) Establish standards and procedures for administering 3rd-party
4ambulance operator safety courses under sub. (6).
AB724,4,8 5(4) The department shall review and, if considered appropriate by the
6department, submit in proposed form rules to revise the standards established under
7sub. (3) (a) to the legislative council staff under s. 227.15 (1) not later than June 30
8of each even-numbered year.
AB724,4,10 9(5) The department shall inform ambulance owners of the program under this
10section and of the standards and requirements established under sub. (3).
AB724,4,22 11(6) (a) A driver school licensed under s. 343.61 or a technical college that offers
12a training course in emergency vehicle operation may be certified by the department
13as a 3rd-party ambulance operator safety course administrator pursuant to the
14rules promulgated under sub. (3) (d) and, if certified, may contract with the
15department to administer an ambulance operator safety course under sub. (2) and
16certify to the department if an applicant for certification or recertification under sub.
17(2) has successfully completed the course. A certified 3rd-party ambulance operator
18safety course administrator may also contract with the department to conduct
19written examinations for recertification under sub. (3) (c) and certify to the
20department if an applicant has passed the examination. A contract with a 3rd-party
21ambulance operator safety course administrator shall include all of the following
22provisions:
AB724,4,2523 1. All instruction given and examinations conducted by the 3rd-party
24administrator shall comply with the standards established by the department under
25sub. (3) (b) and (e).
AB724,5,6
12. A 3rd-party administrator under this subsection shall certify to the
2department if an applicant for certification or recertification under sub. (2) has
3successfully completed the ambulance operator safety course or if an applicant for
4recertification has passed the written examination under sub. (3) (c), within 5 days
5after the applicant completed the course or examination, using procedures
6established by the department under sub. (3) (e).
AB724,5,127 (b) A driver school or technical college applying for certification as a 3rd-party
8ambulance operator safety course administrator shall pay an application fee to the
9department in an amount established by the department. The application fee under
10this paragraph may not exceed the actual cost of reviewing and processing the
11application for certification. Fees collected under this paragraph shall be credited
12to the appropriation account under s. 20.395 (5) (ru).
AB724,5,1613 (c) The department may conduct inspections of the 3rd-party administrator to
14determine compliance with the contract and with department certification
15requirements for 3rd-party ambulance operator safety course administrators under
16sub (3) (d).
AB724,5,2517 (d) The department shall take prompt and appropriate remedial action against
18a 3rd-party administrator if the 3rd-party administrator fails to comply with
19department standards for 3rd-party ambulance operator safety course
20administrators or any provision of the contract under this subsection or
21unreasonably interferes with a department inspection under par. (c). Remedial
22action may include immediate termination of any ambulance operator safety courses
23administered by the 3rd-party administrator and recovery of damages incurred by
24the department as a result of the 3rd-party administrator's failure to comply with
25standards under this subsection or provisions of the contract under this subsection.
AB724, s. 3
1Section 3. 346.03 (1) of the statutes is amended to read:
AB724,6,82 346.03 (1) The operator of an authorized emergency vehicle, when responding
3to an emergency call or when in the pursuit of an actual or suspected violator of the
4law, when responding to but not upon returning from a fire alarm, when transporting
5an organ for human transplantation, or when transporting medical personnel for the
6purpose of performing human organ harvesting or transplantation immediately
7after the transportation, may exercise the privileges set forth in this section, but
8subject to the conditions stated in subs. (2) to (5m) and (7).
AB724, s. 4 9Section 4. 346.03 (7) of the statutes is created to read:
AB724,6,1210 346.03 (7) The privileges granted under this section apply to the operator of an
11ambulance under s. 340.01 (3) (g) or (i) only if the operator holds a current
12certification under s. 85.57 (2).
AB724, s. 5 13Section 5 . Nonstatutory provisions.
AB724,6,1714 (1) The department of transportation shall submit in proposed form the rules
15required under section 85.57 (3) of the statutes, as created by this act, to the
16legislative council staff under section 227.15 (1) of the statutes no later than the first
17day of the 7th month beginning after the effective date of this subsection.
AB724, s. 6 18Section 6. Initial applicability.
AB724,6,2019 (1) This act first applies to ambulances operated on the effective date of this
20subsection.
AB724, s. 7 21Section 7. Effective dates. This act takes effect on the first day of the 19th
22month beginning after publication, except as follows:
AB724,6,2323 (1) Section 5 (1 ) of this act takes effect on the day after publication.
AB724,6,2424 (End)
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