343.237 (3) (a) The name of the person whose photograph or fingerprint is requested.
343.237 (3) (c) (intro.) A statement signed by a division commander or higher authority within the law enforcement agency that the photograph or fingerprint is requested for any of the following purposes:
280,29
Section
29. 343.237 (3) (d), (4m), (5), (6), (7), (8) and (10) of the statutes are amended to read:
343.237 (3) (d) A For requests for photographs only, a statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.
(4m) The department shall attach to each copy of a photograph or fingerprint provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes." or "This fingerprint is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."
(5) Any law enforcement agency that has in its possession a copy of a photograph or fingerprint provided to it under sub. (3) or (4) shall destroy any copies of the photograph or fingerprint in its possession when the photograph or fingerprint is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph or fingerprint.
(6) For each copy of a photograph or fingerprint provided under sub. (3) or (4), the department shall record and maintain the written request for the copy of the photograph or fingerprint and may not disclose any record or other information concerning or relating to the written request to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian.
(7) The department may not charge a fee for providing a copy of any photograph or fingerprint to a Wisconsin law enforcement agency under this section.
(8) (a) Any law enforcement agency that receives a photograph or fingerprint provided to a law enforcement agency under this section shall keep the copy of the photograph or fingerprint confidential and may disclose it only if disclosure is necessary to perform a law enforcement function and the person to whom the copy of the photograph or fingerprint is disclosed agrees to comply with par. (c).
(b) If a law enforcement agency discloses a copy of a photograph or fingerprint to another person under par. (a), the copy of the photograph or fingerprint shall have attached to it the notation specified in sub. (4m).
(c) Any person who receives a copy of a photograph or fingerprint from a law enforcement agency under par. (a) shall destroy any copies of the photograph or fingerprint in his or her possession when the photograph or fingerprint is no longer necessary to perform the law enforcement function for which the photograph or fingerprint was disclosed.
(10) Any person who wilfully discloses a copy of a photograph or fingerprint in violation of this section may be required to forfeit not more than $500 for each violation. Each copy disclosed constitutes a separate offense.
280,30
Section
30
.
Nonstatutory provisions.
(1) The department of transportation shall submit in proposed form the rules required under section 343.12 (7) and (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this subsection.
(2) Using the emergency rules procedure under section 227.24 of the statutes, the department of transportation shall promulgate the rules required under section 343.12 (7) and (8) of the statutes, as created by this act, for purposes of implementing this act, for the period before the effective date of the rules submitted under subsection (1). The department shall promulgate these emergency rules no later than the first day of the 10th month beginning after the effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until June 30, 2005, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(3) The department of transportation shall study the costs and benefits of integrating within the department the computer linkup specified in section 165.825 of the statutes and of developing an automated search system for searching the registry under section 146.40 (4g) (a) 2. of the statutes. The department of transportation shall consult with the department of justice, department of public instruction, and department of health and family services in conducting the study. By the first day of the 12th month beginning after the effective date of this subsection, the department of transportation shall report to the legislature, in the manner provided under section 13.172 (2) of the statutes, the findings, conclusions, and recommendations of the study.
(4) (a) The department of public instruction, in consultation with the department of transportation, the Wisconsin School Bus Association, state child advocacy groups, and other persons or organizations as appropriate, shall study all of the following:
1. The costs and benefits of installing and maintaining video cameras on school buses, including the availability of federal funds and grants that may be used for this purpose.
2. Strategies to increase the availability and effectiveness of, and participation in, training of operators of school buses and motor vehicles specified under section 121.555 (1) of the statutes with respect to all of the following:
a. Special needs involved in transporting children with disabilities.
b. Safe and effective methods of maintaining order and discipline on the school bus or motor vehicle specified under section 121.555 (1) of the statutes.
(b) By the first day of the 7th month beginning after the effective date of this paragraph, the department of public instruction shall report to the legislature, in the manner provided under section 13.172 (2) of the statutes, the findings, conclusions, and recommendations of the study under paragraph (a).
280,31
Section
31.
Appropriation changes.
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (cq) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $10,000 for fiscal year 2004-05 to increase funding for determining the qualifications of applicants for issuance or renewal of school bus endorsements to operators' licenses.
280,32
Section
32.
Initial applicability.
(1) The treatment of section 121.555 (3), (4), (5), (6), (7), and (8) of the statutes first applies on the first day of the 7th month beginning after the effective date of this subsection with respect to any individual who is employed or under contract to transport pupils in a motor vehicle under section 121.555 (1) of the statutes immediately prior to the effective date of this subsection.
(2) This act first applies to contracts under section 121.52 (2) (b) of the statutes that are entered into, modified, or renewed on the effective date of this subsection.
(3) This act first applies to applications for initial issuance or renewal of a school bus endorsement submitted to the department of transportation on the effective date of this subsection.
280,33
Section
33.
Effective dates. This act takes effect on the first day of the 10th month beginning after publication, except as follows:
(1) The treatment of section 343.12 (8) of the statutes and Section 30 (1), (2
), (3), and (4) of this act take effect on the day after publication.
