AB454: Bill Text

AB454,12,8 CHAPTER TRANS 113

AB454,12,14 ADMINISTRATIVE SUSPENSION OF OPERATING PRIVILEGE FOR OPERATING A MOTOR VEHICLE WITH A PROHIBITED ALCOHOL CONCENTRATION OR A DETECTABLE AMOUNT OF A RESTRICTED CONTROLLED SUBSTANCE

AB454,47 Section 47. Trans 113.01 of the administrative code is amended to read:

AB454,12,24 Trans 113.01 Purpose and scope. As authorized by s. 85.16 (1), Stats., the purpose of this chapter is to establish the department's administrative interpretation of s. 343.305 (7) and (8), Stats., relating to arrest for operating with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance, administrative suspension of operating privilege and reviews therefor. Section 343.305 (7) (a), Stats., authorizes the department to administratively suspend the operating privilege of a person whose test results indicate the presence of a detectable amount of a restricted controlled substance in the person's blood or a prohibited alcohol concentration.

AB454,48 Section 48. Trans 113.03 (intro.) of the administrative code is amended to read:

AB454,13,7 Trans 113.03 Law enforcement officer actions and information provided to driver. (intro.) If a person is tested for alcohol concentration or presence of a restricted controlled substance in accordance with s. 343.305, Stats., and test results indicate a prohibited alcohol concentration or presence of a restricted controlled substance, the law enforcement officer shall:

AB454,49 Section 49. Trans 113.03 (1) of the administrative code is repealed.

AB454,50 Section 50. Trans 113.04 (3) (c) of the administrative code is amended to read:

AB454,13,12 Trans 113.04 (3) (c) Whether the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance at the time the offense allegedly occurred.

AB454,51 Section 51. Trans 113.04 (3) (e) of the administrative code is amended to read:

AB454,13,17 Trans 113.04 (3) (e) If one or more tests were administered in accordance with s. 343.305, Stats., whether each of the test results for those tests indicate the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance.

AB454,52 Section 52. Trans 113.04 (8) of the administrative code is amended to read:

AB454,13,23 Trans 113.04 (8) If at any time the person submits written evidence from a facility certified by the state laboratory of hygiene and meeting the requirements of s. 885.235 (1), Stats., indicating the person did not have a prohibited alcohol concentration or a detectable amount of a restricted controlled substance, the suspension will be vacated.

AB454,53 Section 53. Trans 113.04 (9) (intro.) of the administrative code is amended to read:

AB454,14,5 Trans 113.04 (9) (intro.) If the examiner finds to a reasonable certainty by evidence that is clear, satisfactory and convincing that the criteria in s. 343.305 (8) (b), Stats., for administrative suspension have not been satisfied, or that the person did not have a prohibited alcohol concentration or a detectable amount of a restricted controlled substance at the time the offense allegedly occurred:

AB454,54 Section 54. Trans 113.04 (10) (intro.) of the administrative code is amended to read:

AB454,14,12 Trans 113.04 (10) (intro.) If the examiner finds to a reasonable certainty by evidence that is clear, satisfactory and convincing that the criteria for administrative suspension have been satisfied and that the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance at the time the offense allegedly occurred:

AB454,55 Section 55. Trans 118.01 of the administrative code is amended to read:

AB454,14,20 Trans 118.01 Purpose and scope. The purpose of this chapter is to establish an employer notification program to permit an employer to register the name of an employe employee and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the driving record of the Wisconsin licensed employe employee and any other driving record information that the department may reasonably include in this program.

AB454,56 Section 56. Trans 118.01 (note) of the administrative code is amended to read:

AB454,15,2 Trans 118.01 (note) Authority for this chapter can be found at s. 343.247 (2), Stats. Forms used in this chapter are MV3555 Employer Notification Customer Agreement and MV3556 Employe Enrollment Request. These forms are available from the Wisconsin Department of Transportation, Bureau of Driver Services, P.O. Box 7917, Madison, WI 53707.

AB454,57 Section 57. Trans 118.03 of the administrative code is amended to read:

AB454,15,11 Trans 118.03 Employer notification application requirements. Employer notification is obtained through the system used to access the public abstract of the driver's driving record maintained under s. 343.23, Stats. An application for the employer notification program public abstract request system shall be made to the department upon forms prescribed by the department , shall be accompanied by the required fees as set forth in s. Trans 118.08 and shall include such information as the department reasonably requires. The department may assign these duties to a 3rd-party designee.

AB454,58 Section 58. Trans 118.04 of the administrative code is amended to read:

AB454,15,17 Trans 118.04 Employer Customer account codes numbers . (1) Issuance. The department shall issue an employer a customer account code number upon receipt of a properly completed employer notification customer data access agreement form and any other information that the department reasonably requires.

AB454,15,20 (2) Usage. The department may require that the employer use the employer customer account code number for purposes of identification and invoicing procedures.

AB454,59 Section 59. Trans 118.05 (intro.) of the administrative code is amended to read:

AB454,16,2 Trans 118.05 Employer notification customer Electronic DMV records service data access agreement form. (intro.) The employer shall submit an employer notification customer a data access agreement form and any other information that the department reasonably requires under any of the following situations:

AB454,60 Section 60. Trans 118.05 (1) of the administrative code is amended to read:

AB454,16,5 Trans 118.05 (1) When the employer is submitting an original application for enrollment in the employer notification program public abstract request system.

AB454,61 Section 61. Trans 118.05 (2) of the administrative code is repealed.

AB454,62 Section 62. Trans 118.05 (3) of the administrative code is amended to read:

AB454,16,9 Trans 118.05 (3) When the employer changes its agency name or address, or both.

AB454,63 Section 63. Trans 118.05 (4) of the administrative code is amended to read:

AB454,16,12 Trans 118.05 (4) When the employer requests a renewal of registration for the employer notification procedure public abstract request system.

AB454,64 Section 64. Trans 118.06 (title) of the administrative code is amended to read:

AB454,16,14 Trans 118.06 (title) Employe Employee enrollment request form.

AB454,65 Section 65. Trans 118.06 (1) of the administrative code is amended to read:

AB454,16,19 Trans 118.06 (1) Employe Employee enrollment. An employer may enroll an employe employee in the employer notification program by submitting a written request to the department entering the employee's information online through the public abstract request system.

AB454,66 Section 66. Trans 118.06 (2) of the administrative code is repealed.

AB454,67 Section 67. Trans 118.07 of the administrative code is amended to read:

AB454,17,2 Trans 118.07 Withdrawal of employes employees and employers. (1) Employe Employee withdrawal. An employer may withdraw an employe employee, and shall withdraw a former employee, from the employer notification program by submitting a written request to the department. The written request shall contain the information set forth in s. Trans 118.06 (2) (a) to (f) removing the employee from the employer's public abstract request system online roster.

AB454,17,6 (2) Employer withdrawal. An employer may withdraw from the employer notification program by submitting a written request to the department. The request shall include the employer's name, account code, and any other information the department reasonably requires.

AB454,68 Section 68. Trans 118.08 (1) of the administrative code is amended to read:

AB454,17,16 Trans 118.08 (1) Employer initial enrollment. The department shall register an employer in the employer notification program upon receipt of a properly completed employer notification customer data access agreement form together with the proper fee. The registration of an employer in the public abstract request system employer notification program shall be issued for the calendar year and is valid only during the calendar year for which issued. For each account code issued to an employer, the fee shall be $20 for an application submitted before July 1 of a year and $10 for an application submitted on or after July 1 remain in effect for 4 years unless terminated early by the department or employer.

AB454,69 Section 69. Trans 118.08 (2) of the administrative code is amended to read:

AB454,17,25 Trans 118.08 (2) Renewal. At least 30 60 days prior to the expiration of an employer notification customer a data access agreement form, the department shall mail to the last known address of notify the employer a notice of the date upon which the employer's registration fee must be paid and the new employer notification customer data access agreement form must be returned. An employer who does not return the renewal form and fee by the date provided in the notice may be removed from the program. The renewal fee for the employer notification program is $20 per account code assigned to the employer.

AB454,70 Section 70. Trans 118.08 (3) to (6) of the administrative code are repealed.

AB454,71 Section 71. Trans 118.09 of the administrative code is repealed and recreated to read:

AB454,18,5 Trans 118.09 Payment. Employers shall make payments, in a manner determined by the department, at the time of requesting information.

AB454,72 Section 72. Trans 118.10 of the administrative code is amended to read:

AB454,18,11 Trans 118.10 Failure to comply with terms of program. The department may not provide employer notification documents to an employer suspend or terminate access to employer notification if the employer has failed to comply with any of the provisions of this chapter including, but not limited to, paying any invoice or fee when due.

AB454,73 Section 73. Trans 118.11 of the administrative code is repealed.

AB454,74 Section 74. Trans 118.12 (1) of the administrative code is amended to read:

AB454,18,16 Trans 118.12 (1) Content. The employer notification document will contain all of the following information: be provided with an electronic copy of the employee's current driving record.

AB454,75 Section 75. Trans 118.12 (1) (a) to (f) of the administrative code are repealed.

AB454,76 Section 76. Trans 118.12 (2) of the administrative code is amended to read:

AB454,18,22 Trans 118.12 (2) Source. The source of the information supplied to the employer on the notification document shall be limited to the data retained and available in the department's computer database for holders of Wisconsin driver's licenses or identification cards.

AB454,77 Section 77. Trans 118.12 (3) of the administrative code is amended to read:

AB454,19,2 Trans 118.12 (3) When issued notified. Employer Electronic notification documents will be issued provided when there is any change activity described in s. Trans 118.01 in the driver record maintained by the department for an enrolled driver employee.

AB454,78 Section 78. Trans 118.12 (3) (note) of the administrative code is amended to read:

AB454,19,7 Trans 118.12 (3) (note) No notification will be provided upon initial enrollment. Employers may obtain driver abstracts when hiring employes employees under ch. Trans 195.

AB454,79 Section 79. Trans 118.13 (title) of the administrative code is amended to read:

AB454,19,9 Trans 118.13 (title) Employe Employee and employer responsibilities.

AB454,80 Section 80. Trans 118.13 (1) of the administrative code is amended to read:

AB454,19,13 Trans 118.13 (1) Employe Employee responsibilities. Nothing in this chapter shall be construed to relieve the employe employee from the driver notification requirements described under s. 343.245 (2), Stats.

AB454,81 Section 81. Trans 118.14 of the administrative code is amended to read:

AB454,19,20 Trans 118.14 Construction of this rule. Nothing in this chapter shall be construed to relieve the applicant for an employer notification document a driver record from submitting a complete application with the or payment of appropriate fees described in this chapter. In the event of a conflict between the provisions of ch. Trans 195 and the provisions of this chapter, the provisions of this chapter shall control.

AB454,82 Section 82. Trans 130.03 (1) (g) of the administrative code is amended to read:

AB454,19,25 Trans 130.03 (1) (g) The signature of the person or, if applicable, the signature of anyone authorized to sign for the applicant, including a health care specialist. A signature under this paragraph includes an electronic signature, as defined in s. 137.11 (8), Stats.

AB454,83 Section 83. Trans 131.01 (2) (note) of the administrative code is amended to read:

AB454,20,8 Trans 131.01 (2) (note) Forms used in this chapter are MV 2016, substitute renewal notice; MV 2470, vehicle inspection report; MV 2472, application for letter of temporary exemption from emission test requirements; MV 2588, exchanged engine certificate; MV 2594, quality assurance inspection report. Copies can be obtained from the Wisconsin Department of Transportation, Dealer and Agent Section, P. O. Box 7909, Madison, WI 53707-7909.

AB454,84 Section 84. Trans 131.02 (15) (note) of the administrative code is amended to read:

AB454,20,14 Trans 131.02 (15) (note) All references made to the Federal Rule in this document are to 40 CFR Part 51, Subpart S Inspection/Maintenance Program Requirements; Final Rule dated November 5, 1992, as amended through January 1, 2001 April 7, 2006.

AB454,85 Section 85. Trans 131.02 (24) of the administrative code is amended to read:

AB454,20,18 Trans 131.02 (24) "Inspection station" means an inspection facility operated by a party, or a subcontractor of the party, under contract with the department for the purpose of conducting vehicle emission inspections required by s. 110.20, Stats.

AB454,86 Section 86. Trans 131.02 (38) of the administrative code is amended to read:

AB454,20,23 Trans 131.02 (38) "Recognized automotive emission repair technician" means a person who has received and has proof of formal training in both diagnosis and repair of automotive engines and related systems and who is in good standing with the department and in compliance with this chapter and s. 110.20, Stats.

AB454,87 Section 87. Trans 131.02 (39) of the administrative code is amended to read:

AB454,21,5 Trans 131.02 (39) "Recognized repair facility" means a franchised new car dealer or other business with a Wisconsin sales tax number that performs emission repairs as a regular part of its business activities and , that employs at least one recognized automotive emission repair technician, and that is in good standing with the department and in compliance with this chapter and s. 110.20, Stats.

AB454,88 Section 88. Trans 131.02 (45) of the administrative code is amended to read:

AB454,21,10 Trans 131.02 (45) "Technical assistance center" means either a separate contractor or subcontractor facility or a portion of an inspection station which, under the direction of a master automotive technician, is equipped to perform both emission inspections and complete diagnostic evaluations of nonexempt vehicles.

AB454,89 Section 89. Trans 131.02 (54) of the administrative code is amended to read:

AB454,21,17 Trans 131.02 (54) "Vehicle inspection report" means a serially numbered document issued at an inspection station or authorized inspection facility or technical assistance center or by an inspector designated by the department to perform the functions of a technical assistance center at the time of vehicle inspection, indicating that the vehicle has been inspected in accordance with the provisions of this chapter, and may include data reported electronically.

AB454,90 Section 90. Trans 131.03 (6) (d) 5. of the administrative code is amended to read:

AB454,21,23 Trans 131.03 (6) (d) 5. If the inspection computer system is not able to download the vehicle OBD II records, the OBD inspection shall be aborted, and the vehicle shall be reinspected with an OBD II inspection in a separate inspection facility inspection lane.

AB454,91 Section 91. Trans 131.03 (12) of the administrative code is amended to read:

AB454,22,8 Trans 131.03 (12) Reconstructed and homemade vehicles. Any nonexempt vehicle registered as reconstructed or homemade under s. 341.268, Stats., shall be inspected for compliance with requirements applicable to the model year of the vehicle as indicated on the vehicle's registration documents, unless the owner both requests that the vehicle be inspected by engine year and provides a completed MV2588, exchanged engine certification form, to the waiver investigator. In addition, the vehicle owner shall locate the engine number on the engine for purposes of engine year verification by the waiver investigator.

AB454,92 Section 92. Trans 131.03 (15) (a) (intro.) of the administrative code is amended to read: