Under current law, most operator's licenses issued by DOT must be renewed every eight years, and identification cards must be renewed every four years. To renew most operator's licenses, DOT must administer an examination of the applicant's eyesight and take the applicant's photograph.
Under this bill, for any license renewal at other than an eight-year interval based upon a license expiration related to the period of the person's authorized legal presence, DOT may determine
whether to take the applicant's photograph or to examine the applicant, or both, at the time of the renewal, so long as the applicant's photograph is taken, and the applicant is examined, with a license renewal at least once every eight years and the applicant's license at all times includes a photograph. For any identification card renewal at other than a four-year interval based upon a license expiration related to the period of the person's authorized legal presence, DOT may determine whether to take the applicant's photograph at the time of the renewal, so long as the applicant's photograph is taken with a card renewal at least once every four years and the applicant's card at all times includes a photograph.
The bill specifies that each operator's license or identification card must include the applicant's full legal name, principal residence address, and signature. Every operator's license and identification card must also include a digital color photograph of the applicant, including facial image capture. The bill also specifies that an applicant who does not provide a social security number must provide the basis for his or her ineligibility for a social security number. The bill retains the requirement under current law that the operator's license expiration date appear on the license, which usually will coincide with the date of expiration of a noncitizen's authorized legal presence. However, where the date of expiration of a noncitizen's authorized legal presence is later than the date of expiration of the operator's license, the bill eliminates any requirement created under 2005 Act 126 that the date of expiration of the person's authorized legal presence appear on the license in addition to the date of expiration of the license.
Under current law, each operator's license must be, to the maximum extent practicable, tamper proof. This bill requires that each operator's license and identification card contain physical security features consistent with any requirement under federal law.
Under current law, DOT may not issue an operator's license to a person previously licensed in another state unless the person surrenders to DOT any valid operator's license issued to the person by another state. This bill prohibits DOT from issuing an identification card to a person previously licensed in another state unless the person surrenders to DOT any valid operator's license issued to the person by another state.
Under current law, DOT must, upon request, provide to the commercial driver license information system and the driver licensing agencies of other states any applicant or driver record information maintained by DOT. This bill specifies that DOT must, upon request, provide to any driver licensing agency of another state, the District of Columbia, any province of Canada, or any U.S. commonwealth, territory, or possession electronic access to any record or file of an operator's license or identification card applicant, including any photograph, signature, or social security number appearing in such a record or file. The bill also allows DOT to provide to DHFS certain applicant information for the sole purpose of verification by DHFS of birth certificate information.
The bill requires that DOT record in each licensee's operating record, and in each identification card holder's record, the information in all data fields printed on the person's license or card. DOT must also record in each person's operating record any demerit points assessed to the person.
The bill requires DOT to implement certain security procedures with regard to the issuance of operator's licenses and identification cards. The bill requires DOT to perform background investigations, which may include the use of fingerprint analyses by the Federal Bureau of Investigation, on any person who is hired to fill a position in the division of DOT responsible for issuing operator's licenses and identification cards (presently the Division of Motor Vehicles, DMV). In addition, at any interval determined appropriate by DOT, DOT may conduct additional background investigations of these newly hired DMV employees and of any other DMV employees. The background investigations are for the purpose of verifying identity and obtaining criminal histories.
DOT must also require, as a precondition to allowing access to any information system in which is stored information maintained by DMV, that any person to whom access is granted submit to a background investigation conducted by the person's employer. This background investigation may include having the person fingerprinted and having the fingerprints submitted to the FBI for purposes of verifying the person's identity and obtaining records of his or her criminal arrests and convictions. The employer must certify the results of the background investigation and, based upon these results, DOT may deny or restrict access to DMV information. DOT must promulgate rules governing these background investigations and the confidentiality of background information obtained by employers or by DOT.
Under current law, to renew most operator's licenses, DOT must administer an examination of the applicant's eyesight and make provisions for giving eyesight examinations at examining stations in each county. The applicant generally must appear at the examining station nearest his or her residence. Under this bill, DOT eyesight examinations at examining stations are not required to be provided in each county, and the applicant need not appear at the examining station nearest his or her residence. The bill also extends, from 10 days to 30 days, the period in which an applicant or holder of an operator's license or identification card must inform DOT of a change of address or name.
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:
SECTION 1. 110.09 of the statutes is created to read:
110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
(b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.
(c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.
(2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.
SECTION 2. 343.01 (2) (d) of the statutes is amended to read:
343.01 (2) (d) "Photograph" means an unretouched image recorded by a camera and reproduced on a photosensitive surface, or a digitized digital image.
SECTION 3. 343.03 (3) (intro.) of the statutes is amended to read:
343.03 (3) LICENSE VARIANTS. (intro.) Except for restricted licenses under s. 343.08 or temporary licenses under s. 343.10, 343.11 (1) or (3), 343.16 (6) (b), or 343.305 (8) (a), each operator's license issued by the department shall be in one of the following categories with a descriptive legend displayed on the top front side of the license document:
SECTION 4. 343.03 (3m) of the statutes is created to read:
343.03 (3m) NONCITIZEN TEMPORARY LICENSE. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as temporary. This noncitizen temporary license may not be renewed except as provided in s. 343.165 (4) (c).
SECTION 5. 343.03 (6) (a) of the statutes is amended to read:
343.03 (6) (a) The Notwithstanding ss. 343.027, 343.14 (2j), and 343.237 (2), the department shall, upon request, provide to the commercial driver license information system and the driver licensing agencies of other states jurisdictions any applicant or driver record information maintained by the department of transportation, including providing electronic access to any record or file under s. 343.23 (1) or (2).
SECTION 6. 343.06 (1) (j) of the statutes is repealed.
SECTION 7. 343.06 (1) (L) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:
343.06 (1) (L) To any person who does not provide the documentary proof described in s. 343.14 (2) (er) satisfy the requirements under s. 343.165.
SECTION 8. 343.10 (2) (a) (intro.) of the statutes is amended to read:
343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:
SECTION 9. 343.10 (7) (b) of the statutes is amended to read:
343.10 (7) (b) The Subject to s. 343.165 (5), the department shall issue an occupational license as soon as practicable upon receipt of an application to the department under sub. (1) or an order from a court under sub. (4) or s. 351.07 for such a license, if the department determines that the applicant is eligible under sub. (2).
SECTION 10. 343.10 (7) (d) of the statutes is amended to read:
343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a photo license that includes a photograph described in s. 343.14 (3) and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.
SECTION 11. 343.10 (7) (f) of the statutes is amended to read:
343.10 (7) (f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law, or the expiration date determined under s. 343.20 (1m), whichever is earlier. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.
SECTION 12. 343.14 (2) (a) and (br) of the statutes are amended to read:
343.14 (2) (a) The full legal name and principal residence address of the applicant;
(br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of workforce development. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.
SECTION 13. 343.14 (2) (er) 1. and 2. of the statutes, as created by 2005 Wisconsin Act 126, are consolidated, renumbered 343.14 (2) (es) (intro.) and amended to read:
343.14 (2) (es) (intro.) Documentary Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), valid documentary proof that the individual is a citizen or national of the United States or documentary proof that the individual is legally present an alien lawfully admitted for permanent or temporary residence in the United States. 2. If the individual is not a citizen of the United States, he or she shall provide documentary proof of his or her status as a legal permanent resident or conditional resident, a or has any of the following:
2. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, a pending or.
3. An approved application for asylum in the United States, valid entry or has entered into the United States in refugee status, a .
5. A pending or approved application for temporary protected status in the United States, approved.
6. Approved deferred action status, or a .
7. A pending application for adjustment of status to legal that of an alien lawfully admitted for permanent resident status residence in the United States or conditional permanent resident status in the United States.
SECTION 14. 343.14 (2) (es) 1. and 4. of the statutes are created to read:
343.14 (2) (es) 1. Conditional permanent resident status in the United States.
4. A pending application for asylum in the United States.
SECTION 15. 343.14 (2) (f) of the statutes is amended to read:
343.14 (2) (f) Such Subject to s. 343.165 (1), such further information as the department considers appropriate to identify the applicant, including biometric data, and such information as the department may reasonably require to enable it to determine whether the applicant is by law entitled to the license applied for;
SECTION 16. 343.14 (2j) (a) of the statutes is repealed.
SECTION 17. 343.14 (2j) (b) of the statutes is renumbered 343.14 (2j).
SECTION 18. 343.14 (2r) of the statutes is created to read:
343.14 (2r) Notwithstanding sub. (2j), the department may, upon request, provide to the department of health and family services any applicant information maintained by the department of transportation and identified in sub. (2), including providing electronic access to the information, for the sole purpose of verification by the department of health and family services of birth certificate information.
SECTION 19. 343.14 (3) of the statutes is amended to read:
343.14 (3) The department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no No application may be processed without the photograph being taken. In Except as provided in s. 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.
SECTION 20. 343.14 (4m) of the statutes is amended to read:
343.14 (4m) The Subject to s. 343.17 (2), the department shall develop designs for licenses and identification cards which are resistant to tampering and forgery no later than January 1, 1989. Licenses and licenses and identification cards issued on or after January 1, 1989, shall incorporate the designs required under this subsection.
SECTION 21. 343.16 (3) (a) of the statutes is amended to read:
343.16 (3) (a) The Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.
SECTION 22. 343.165 of the statutes is created to read:
343.165 Processing license and identification card applications. (1) The department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after May 10, 2008, and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and the department verifies under sub. (3), all of the following information:
(a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.
(b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a).
(c) Proof of the applicant's social security number or, except as provided in s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.
(d) Documentation showing the applicant's name and address of principal residence.
(e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., the documentary proof described in s. 343.14 (2) (es).
(2) (a) The department shall, in processing any application for an operator's license or identification card under sub. (1), capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50 (8) (a).
(b) The department shall record in the applicant's file under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3) is completed.
(3) (a) Except as provided in pars. (b) and (c), the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under sub. (1).
(b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1).
(c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.
(4) (a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card received by the department after May 10, 2008, if in connection with a prior application after May 10, 2008, the applicant previously presented or provided, and the department verified, the information specified in sub. (1) and the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).
(b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in par. (a). The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.
(c) Notwithstanding pars. (a) and (b), no operator's license displaying the legend required under s. 343.03 (3m) or identification card displaying the legend required under s. 343.50 (3) may be renewed unless the applicant presents or provides valid documentary proof under sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.
(d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (c) at other than an 8-year interval, the department may determine whether the applicant's photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant's photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant's license or identification card at all times includes a photograph.
****NOTE: This is reconciled s. 343.165 (4) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
(5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate licenses, received by the department after May 10, 2008, be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.
(6) During the period in which the department processes an application under this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c).
SECTION 23. 343.17 (1) of the statutes is amended to read:
343.17 (1) LICENSE ISSUANCE. The Subject to s. 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.
SECTION 24. 343.17 (2) of the statutes is amended to read:
343.17 (2) LICENSE DOCUMENT. The license shall be a single document, in one-part one part, consisting of 2 sides, except as otherwise provided in sub. (4) and s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof and shall contain physical security features consistent with any requirement under federal law.
SECTION 25. 343.17 (3) (a) 1. and 5. of the statutes are amended to read:
343.17 (3) (a) 1. The full legal name, date of birth, and principal residence address of the person.
5. A facsimile of the The person's signature, or a space upon which the licensee shall immediately write his or her usual signature with a pen and ink on receipt of the license, without which the license is not valid.
SECTION 26. 343.17 (3) (a) 14. of the statutes, as created by 2005 Wisconsin Act 126, is repealed.
