343.12(6)(d)
(d) Notwithstanding
ss. 111.321,
111.322, and
111.335, 4 years after the initial issuance or renewal of a school bus endorsement, the department of transportation shall obtain from the records maintained by the department of justice a criminal history search of the person to whom the school bus endorsement is issued and, if applicable, take action under
s. 343.20 (1) (d) 2.
343.12(7)(a)(a) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 2 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
343.12(7)(a)2.
2. Operating a motor vehicle while operating privileges are suspended or revoked or while the operator is disqualified under
s. 343.44 (1) (a),
(b), or
(d).
343.12(7)(a)3.
3. Second-degree reckless homicide under
s. 940.06 if the offense results from the operation of a motor vehicle.
343.12(7)(a)7.
7. Causing injury by operating a motor vehicle under the influence of an intoxicant or other drug under
s. 346.63 (2).
343.12(7)(a)8.
8. Causing injury by operating a commercial motor vehicle with a prohibited alcohol concentration under
s. 346.63 (6).
343.12(7)(a)9.
9. Operating a motor vehicle under the influence of an intoxicant or other drug or with a prohibited alcohol concentration under
s. 346.63 (1).
343.12(7)(a)11.
11. Operating a motor vehicle while under the legal drinking age with a prohibited alcohol concentration under
s. 346.63 (2m).
343.12(7)(a)14.
14. Operating a commercial motor vehicle or being on duty time while having any alcohol concentration, within 4 hours of consuming alcohol or being intoxicated, or while possessing alcohol under
s. 346.63 (7) (a) if the applicant has been previously convicted of any offense under
s. 346.63 (7) (a) or any local ordinance in conformity with
s. 346.63 (7) (a) or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of
s. 346.63 (7) (a) if the applicant had committed the offense in this state and been convicted of the offense under the laws of this state.
343.12(7)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within 2 years immediately preceding the date of application, the applicant has had his or her operating privilege revoked under
s. 343.305 (10) for refusal to submit to chemical testing or has been convicted in another jurisdiction or had his or her operating privilege in another jurisdiction suspended or revoked under any law of that jurisdiction prohibiting refusal of chemical testing that is comparable to
s. 343.305.
343.12(7)(c)
(c) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if, within the time period specified by the department by rule but not less than 5 years immediately preceding the date of application, the applicant has been convicted of a violation of any of the following state laws or any local ordinance in conformity with any of the following state laws or any federal law or law of a federally recognized American Indian tribe or band in this state or law of another jurisdiction that would be a violation of any of the following state laws if the person had committed the offense in this state and been convicted of the offense under the laws of this state:
343.12(7)(c)11.
11. Abuse or neglect of a patient or resident under circumstances constituting a felony under
s. 940.295.
343.12(7)(c)27.
27. Any felony crime in the commission of which a motor vehicle is used other than those crimes specified in this paragraph or
par. (b).
343.12(7)(d)
(d) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue or renew a school bus endorsement if the applicant has been adjudicated delinquent on or after his or her 12th birthday for committing any crime or other offense specified under
pars. (a) to
(c) or by the department by rule under this subsection within the time period specified under
pars. (a) to
(c) or by the department by rule under this subsection.
343.12(8)(a)(a) The department shall promulgate rules specifying crimes or other offenses, in addition to those specified in
sub. (7), the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in
sub. (7) (a) to
(c) for a crime or other offense specified in
sub. (7) (a) to
(c). The disqualifying crimes or other offenses specified by the department shall apply notwithstanding
ss. 111.321,
111.322, and
111.335 and shall include crimes under
chs. 940 and
944.
343.12(8)(b)
(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may promulgate rules specifying any registry maintained by an agency of the state related to a person being reported or investigated for criminal activity, in addition to the registry specified in
sub. (6) (c), the listing of the applicant on which disqualifies the applicant from initial issuance or renewal of a school bus endorsement.
343.12(8)(c)
(c) The department shall promulgate rules to implement and administer this section, including all of the following:
343.12(8)(c)1.
1. For each disqualifying crime or offense specified in
sub. (7) (a) and
(c), the time period within which the disqualification applies.
343.12(8)(c)2.
2. Procedures for obtaining additional criminal history information in compliance with
sub. (6) (a) for applicants who have not resided in this state at anytime in the preceding 2 years. The department may by rule establish fees for obtaining such information that are not greater than the fees charged to the department in connection with acquiring such information.
343.12(9)(a)
(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such offense.
343.12(9)(b)
(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.12(9)(c)
(c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
343.12 History
History: 1971 c. 213 s.
5;
1973 c. 174,
218;
1975 c. 19,
199;
1977 c. 29 s.
1654 (7) (a);
1977 c. 125;
1977 c. 193 s.
17;
1977 c. 273,
418,
447;
1981 c. 71;
1981 c. 334 s.
25 (1);
1983 a. 175,
459,
480;
1985 a. 337;
1987 a. 3;
1989 a. 105,
176,
359;
1991 a. 39,
277;
1993 a. 16;
1995 a. 113;
2003 a. 33,
280,
326,
327;
2005 a. 253,
277;
2007 a. 116;
2013 a. 96.
343.12 Cross-reference
Cross-reference: See also ch.
Trans 112, Wis. adm. code.
343.12 Annotation
Standards under sub. (2) (g) are not exempt from requirements under s. 111.34 (2) (b). Bothum v. DOT,
134 Wis. 2d 378,
396 N.W.2d 785 (Ct. App. 1986).
343.125
343.125
Endorsements for transporting certain hazardous materials. 343.125(2)
(2) The department may not issue or renew an "H" endorsement to a commercial driver license unless all of the following apply:
343.125(2)(a)
(a) The applicant has submitted to the department documentary proof, in one or more of the following forms, that the applicant is a U.S. citizen or that the applicant's permanent presence in the United States is authorized under federal law:
343.125(2)(a)2.
2. A birth certificate bearing an official seal or other mark of authentication and issued by a state, county, or municipality within the United States or by a territory or possession of the United States.
343.125(2)(a)3.
3. A certification of birth abroad issued by the federal department of state.
343.125(2)(a)6.
6. A permanent resident card or alien registration receipt card.
343.125(2)(b)
(b) If the applicant submits proof described under
par. (a) 6. or
7., the applicant submits his or her bureau of citizenship and immigration services alien registration number.
343.125(2)(c)
(c) The applicant has passed any knowledge test required by the department.
343.125(2)(d)
(d) The department of transportation has received notice from the federal transportation security administration of the federal department of homeland security that the applicant does not pose a security threat warranting denial of an "H" endorsement or that the applicant has received a waiver under
49 CFR 1572.143.
343.125(3)(a)(a) Except as provided in
par. (b), an "H" endorsement shall expire 4 years after the licensee's next birthday after the date of issuance or renewal.
343.125(3)(b)1.1. The initial period for which an "H" endorsement is valid is the period from the date on which the "H" endorsement is issued until the earlier of the following dates:
343.125(3)(b)1.a.
a. The date on which the licensee's commercial driver license expires. This
subd. 1. a. does not apply if the licensee renews his or her commercial driver license at the same time that the "H" endorsement is issued.
343.125(3)(b)1.b.
b. The date 4 years before the date on which the licensee's commercial driver license expires.
343.125(3)(b)2.
2. Notwithstanding
subd. 1., if the period as determined under
subd. 1. is less than 12 months, the initial period for which an "H" endorsement is valid is the period from the date on which the "H" endorsement is issued until the later of the dates specified in
subd. 1. a. or
b.
343.125(4)
(4) Within 15 days after receiving notice from the federal transportation security administration of the federal department of homeland security, the department of transportation shall do all of the following:
343.125(4)(a)
(a) Update the department's records to reflect the notice received, the issuance, denial, or cancellation of an "H" endorsement, and, if applicable, the expiration date of the "H" endorsement.
343.125(4)(b)
(b) Notify the commercial driver license information system of the notice received and the department's action.
343.125(4)(c)
(c) Issue the "H" endorsement, if the department received notice described in
sub. (2) (d) and the applicant is otherwise eligible for issuance of the "H" endorsement.
343.125(4)(d)
(d) Cancel or deny the "H" endorsement, if the notice is of a final administrative determination that the applicant or licensee poses a security threat warranting denial of an "H" endorsement.
