AB711: Bill Text

For further information see the state and local 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:

AB711, s. 1 Section 1. 118.60 (10) (a) 9. and 10. of the statutes are created to read:

AB711,4,3 118.60 (10) (a) 9. Failed to procure and maintain in effect the insurance required under s. 121.53 (4) or 121.555 (2) (a).

AB711,4,5 10. Failed to procure and maintain in effect the insurance required by the department by rule.

AB711, s. 2 Section 2. 119.23 (10) (a) 9. and 10. of the statutes are created to read:

AB711,4,8 119.23 (10) (a) 9. Failed to procure and maintain in effect the insurance required under s. 121.53 (4) or 121.555 (2) (a).

AB711,4,10 10. Failed to procure and maintain in effect the insurance required by the department by rule.

AB711, s. 3 Section 3. 121.53 (4) of the statutes is amended to read:

AB711,5,18 121.53 (4) Every school board, every governing body of a private school that transports pupils or contracts for the transportation of pupils, and every governing body of a charter school that transports pupils or contracts for the transportation of pupils shall require that there be filed with it and with the department of transportation a certificate of insurance showing that an insurance policy has been procured and is in effect for the entire school year which covers the owner and operator of the school bus and the school board governing body of the private school or charter school, or shall procure an insurance policy and file such certificate with the department of transportation. Unless such certificate is on file with the department of transportation, no registration plates for a school bus may be issued by the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and with the school board or governing body of the private school or charter school by the insurer at least 10 days prior to the date of termination or cancellation. No such policy which covers a private school participating in the program under s. 118.60 or 119.23 may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is also filed with the department of public instruction by the insurer at least 10 days prior to the date of termination or cancellation. An insurer that issues an insurance policy under this section that covers a private school participating in the program under s. 118.60 or 119.23 shall notify the department of public instruction of any change made to the policy. A private school participating in the program under s. 118.60 or 119.23 shall immediately notify the department of public instruction that the school has received a notice of termination or cancellation from the insurer. The department of transportation shall revoke the registration of a school bus on which the policy has been terminated or canceled, effective on the date of termination or cancellation.

AB711, s. 4 Section 4. 121.53 (6) of the statutes is amended to read:

AB711,5,22 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board or governing body of a private school or charter school.

AB711, s. 5 Section 5. 121.555 (1) (b) of the statutes is amended to read:

AB711,6,6 121.555 (1) (b) A motor vehicle transporting 10 or more passengers in addition to the operator and used temporarily to provide transportation for purposes specified under s. 340.01 (56) (a) when the school board or the governing body of the private school requests the secretary of transportation to determine that an emergency exists because no regular transportation is available. The secretary of transportation shall approve or deny the request in writing. Any authorization granted under this paragraph shall specify the purpose and need for the emergency transportation service.

AB711, s. 6 Section 6. 121.555 (2m) of the statutes is created to read:

AB711,7,3 121.555 (2m) Every school board and every governing body of a private school that provides pupil transportation services under this section shall require that there be filed with it and with the department of transportation a certificate of insurance showing that the insurance policy required under sub. (2) has been procured and is in effect for the entire school year which covers the owner and operator of the motor vehicle and the school board or governing body of the private school, or shall procure an insurance policy and file such certificate with the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and the school board or the governing body of the private school by the insurer at least 10 days prior to the date of termination or cancellation. No such policy which covers a private school participating in the program under s. 118.60 or 119.23 may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is also filed with the department of public instruction by the insurer at least 10 days prior to the date of termination or cancellation. An insurer that issues an insurance policy under this section that covers a private school participating in the program under s. 118.60 or 119.23 shall notify the department of public instruction of any change made to the policy. A private school participating in the program under s. 118.60 or 119.23 shall immediately notify the department of public instruction that the school has received a notice of termination or cancellation from the insurer.

AB711, s. 7 Section 7. 340.01 (56) (a) 1. of the statutes is amended to read:

AB711,7,7 340.01 (56) (a) 1. Pupils to or from a public school as defined in s. 115.01 (1) or, a private school as defined in s. 115.001 (3r), a charter school as defined in s. 115.001 (1), or pupils to or from a technical college when required under s. 118.15 (1).

AB711, s. 8 Section 8. 341.03 (title) of the statutes is amended to read:

AB711,7,10 341.03 (title) Operating vehicle after suspension, revocation, or cancellation of registration or without required insurance .

AB711, s. 9 Section 9. 341.03 (1) of the statutes is amended to read:

AB711,7,17 341.03 (1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked, or canceled under s. 285.30 (6) (d) or 342.255, ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled, or revoked under the law of another jurisdiction, or, if required under s. 121.53 or 121.555 (2) (a), valid insurance is not current on the vehicle.

AB711, s. 10 Section 10. 343.12 (1m) of the statutes is created to read:

AB711,7,22 343.12 (1m) (a) An employer that employs any person as an operator of a school bus is responsible for determining that each such person is qualified under this section to operate a school bus and for assuring that only employees so qualified operate the employer's school buses.

AB711,7,25 (b) If an employer employs any person holding a commercial driver license to operate a school bus, the employer shall participate in the employer notification program under s. 343.247.

AB711, s. 11 Section 11. 343.12 (4) (b) of the statutes is amended to read:

AB711,8,9 343.12 (4) (b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3. An employer of a person under par. (a) is subject to the requirement under sub. (1m).

AB711, s. 12 Section 12. 343.12 (9) of the statutes is renumbered 343.12 (9) (a).

AB711, s. 13 Section 13. 343.12 (9) (bm) of the statutes is created to read:

AB711,8,13 343.12 (9) (bm) Any employer that violates sub. (1m) shall forfeit not less than $20 nor more than $400.

AB711, s. 14 Section 14. Effective date.

AB711,8,16 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB711,8,17 (End)