Amendment ASA1-AB40

AB40-ASA1, s. 3130 Section 3130. 342.13 (1) of the statutes is amended to read:

AB40-ASA1,1254,5 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in person in possession of the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate.

AB40-ASA1, s. 3131 Section 3131. 342.14 (1) of the statutes is amended to read:

AB40-ASA1,1254,8 342.14 (1) For filing an application for the first certificate of title, $53.00 $62, by the owner of the vehicle.

AB40-ASA1, s. 3132 Section 3132. 342.14 (1r) of the statutes is repealed.

AB40-ASA1, s. 3133 Section 3133. 342.14 (3) of the statutes is amended to read:

AB40-ASA1,1254,12 342.14 (3) For a certificate of title after a transfer, $53.00 $62, by the owner of the vehicle.

AB40-ASA1, s. 3134 Section 3134. 342.15 (1) (a) of the statutes is amended to read:

AB40-ASA1,1254,21 342.15 (1) (a) If an owner transfers an interest in a vehicle, other than by the creation of a security interest, the owner shall comply with the requirements of s. 342.155 and, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee, except that if the vehicle being transferred is a junk vehicle or has been junked, the owner shall return the certificate to the department in accordance with s. 342.34.

AB40-ASA1, s. 3135 Section 3135. 342.15 (1) (c) of the statutes is amended to read:

AB40-ASA1,1255,2 342.15 (1) (c) If an owner transfers his or her interest in a salvage vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee.

AB40-ASA1, s. 3136 Section 3136. 342.15 (5) of the statutes is amended to read:

AB40-ASA1,1255,9 342.15 (5) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by sub. (1), or the owner or person in possession of such certificate of title, as shown by the records of the department, who fails to deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.

AB40-ASA1, s. 3137 Section 3137. 342.20 (1) of the statutes is amended to read:

AB40-ASA1,1255,17 342.20 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and the owner or person in possession of the owner's certificate, as shown by the records of the department, shall cause the certificate, application and the required fee to be delivered to the secured party.

AB40-ASA1, s. 3138 Section 3138. 342.20 (3) of the statutes is amended to read:

AB40-ASA1,1256,3 342.20 (3) Upon receipt of the certificate of title, application, and the required fee, or upon receipt of the security interest statement and required fee if the secured party has utilized the process specified in s. 342.245 (1), the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to such new secured party, unless the secured party utilized the process specified in s. 342.245 (1), and to the register of deeds of the county of the owner's residence, memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.

AB40-ASA1, s. 3139 Section 3139. 342.22 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1256,11 342.22 (1) (intro.) Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall mail or deliver the certificate of title for the vehicle to the department if the secured party is in possession of the certificate and shall also do one of the following:

AB40-ASA1, s. 3140 Section 3140. 342.22 (2) of the statutes is amended to read:

AB40-ASA1,1256,21 342.22 (2) An If an owner, other than a dealer holding the vehicle for resale, is in possession of the owner's certificate of title, the owner, upon receipt of the release and notice of obligation delivered under sub. (1) (a), shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate. Upon receipt of the notice under sub. (1) (b), the owner may, in the form and manner prescribed by the department and without additional fee, deliver an application and the certificate of title to the department and the department shall issue a new certificate of title free of the security interest notation.

AB40-ASA1, s. 3141 Section 3141. 342.23 (2) (a) of the statutes is renumbered 342.23 (2) and amended to read:

AB40-ASA1,1257,4 342.23 (2) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

AB40-ASA1, s. 3142 Section 3142. 342.23 (2) (b) of the statutes is repealed.

AB40-ASA1, s. 3143 Section 3143. 342.23 (4) of the statutes is amended to read:

AB40-ASA1,1257,10 342.23 (4) Any owner or other person in possession of the owner's certificate of title who fails to deliver the certificate of title to a secured party requesting it pursuant to sub. (2) (a) shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.

AB40-ASA1, s. 3144 Section 3144. 343.03 (3r) of the statutes is created to read:

AB40-ASA1,1257,18 343.03 (3r) Real ID noncompliant license. If any license described under sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in addition to any legend or label described in sub. (3), be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the license is issued in accordance with P.L. 109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.

AB40-ASA1, s. 3145 Section 3145. 343.06 (1) (L) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1257,22 343.06 (1) (L) To any person who does not satisfy the requirements under s. 343.165 (1).

AB40-ASA1, s. 3146 Section 3146. 343.065 (3) of the statutes is created to read:

AB40-ASA1,1258,4 343.065 (3) (a) If a person issued any commercial driver license under this chapter authorizing operation of commercial motor vehicles in interstate commerce does not have on file with the department a current certification specified in s. 343.14 (2) (i) 1. covering the person's physical qualifications, the department may downgrade the commercial driver license to a restricted commercial driver license under this section and impose a "K" restriction on the license.

AB40-ASA1,1258,12 (b) The department shall promulgate rules to define "downgrade" in accordance with federal law and regulations or guidance from the applicable federal agency, to establish the process for downgrading a commercial driver license and whether or not a new commercial driver license document will be issued after a commercial driver license is downgraded, and to establish the process for reinstating a downgraded commercial driver license after the department receives from the licensee a valid medical certification or other appropriate certification of physical qualifications.

AB40-ASA1, s. 3147 Section 3147. 343.10 (7) (d) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1258,20 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a license that includes a photograph described in s. 343.14 (3), unless the exception under s. 343.14 (3m) applies, 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.

AB40-ASA1, s. 3148 Section 3148. 343.11 (1) of the statutes is amended to read:

AB40-ASA1,1259,11 343.11 (1) The department shall not issue a license to a person previously licensed in another jurisdiction unless such person surrenders to the department all valid operator's licenses possessed by the person issued by any other jurisdiction, which surrender operates as a cancellation of the surrendered licenses insofar as the person's privilege to operate a motor vehicle in this state is concerned. When such applicant surrenders the license to the department, the department shall issue a receipt therefor, which receipt shall constitute a temporary license to operate a motor vehicle for a period not to exceed 60 days if the applicant meets the standard required for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the applicant and other users of the highways. Except as provided in s. 343.055, the temporary license shall not be valid authorization for the operation of commercial motor vehicles. The temporary license shall be surrendered to the examiner for cancellation by the department if the 3rd attempt at the driving test is failed and the applicant shall be required to secure a temporary instruction permit for further practice driving.

AB40-ASA1, s. 3149 Section 3149. 343.11 (3) of the statutes is amended to read:

AB40-ASA1,1259,16 343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 30 60 days.

AB40-ASA1, s. 3150 Section 3150 . 343.11 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,1259,24 343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 60 days. If the application for a license is processed under the exception specified in s. 343.165 (7), the receipt shall include the marking specified in s. 343.03 (3r).

AB40-ASA1, s. 3151 Section 3151. 343.14 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1260,9 343.14 (3) The Except as provided in sub. (3m), 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. No Except as provided in sub. (3m), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and 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).

AB40-ASA1, s. 3152 Section 3152. 343.14 (3m) of the statutes is created to read:

AB40-ASA1,1260,17 343.14 (3m) If the application for a license is processed under the exception specified in s. 343.165 (7), the application may be processed and the license issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

AB40-ASA1, s. 3152c Section 3152c. 343.16 (1) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1261,6 343.16 (1) (b) Third-party driving skills testing for commercial motor vehicle and school bus operators. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h), and, abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution, or driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, or any combination of these tests and examinations. This paragraph does not apply with respect to a law enforcement agency eligible to contract with the department under par. (bm). A contract with a 3rd-party tester under this paragraph shall include all of the following provisions:

AB40-ASA1, s. 3152d Section 3152d. 343.16 (1) (b) 2. of the statutes is amended to read:

AB40-ASA1,1261,11 343.16 (1) (b) 2. The department, or the applicable federal agency, or a its representative of the applicable federal agency with respect to testing for commercial driver licenses, may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB40-ASA1, s. 3152e Section 3152e. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,1261,19 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements and applicants for operators' licenses to operate "Class D" vehicles. At least annually, the department shall also evaluate testing given by the 3rd-party tester by one of the following means:

AB40-ASA1, s. 3152f Section 3152f. 343.16 (1) (b) 4. of the statutes is amended to read:

AB40-ASA1,1262,2 343.16 (1) (b) 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and, abbreviated driving skills tests required by sub. (3) (b), and driving skills tests required by par. (a) for authorization to operate "Class D" vehicles.

AB40-ASA1, s. 3152g Section 3152g. 343.16 (1) (b) 5. of the statutes is amended to read:

AB40-ASA1,1262,9 343.16 (1) (b) 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for school bus endorsement testing or testing for operators' licenses to operate "Class D" vehicles, or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages.

AB40-ASA1, s. 3152h Section 3152h. 343.16 (1) (b) 6. of the statutes is created to read:

AB40-ASA1,1262,14 343.16 (1) (b) 6. The 3rd-party tester may not administer any test or examination of a person who has received instruction in driver training from the 3rd-party tester or from any person who controls, is controlled by, or is under common control with the 3rd-party tester.

AB40-ASA1, s. 3152i Section 3152i. 343.16 (1) (bm) (title) of the statutes is amended to read:

AB40-ASA1,1262,17 343.16 (1) (bm) (title) Third-party testing for other vehicle operators by certain law enforcement agencies.

AB40-ASA1, s. 3153 Section 3153. 343.165 (1) (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1263,2 343.165 (1) (intro.) The Subject to ss. 343.14 (3m) and 343.50 (4g), 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 the effective date of this subsection .... [LRB inserts date], and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

AB40-ASA1, s. 3154 Section 3154. 343.165 (2) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1263,10 343.165 (2) (a) The Subject to sub. (7), 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).

AB40-ASA1,1263,13 (b) The Subject to sub. (7), 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.

AB40-ASA1, s. 3155 Section 3155. 343.165 (3) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1263,19 343.165 (3) (a) Except as provided in pars. (b) and (c) and subject to sub. (7), 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).

AB40-ASA1, s. 3156 Section 3156. 343.165 (4) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1264,4 343.165 (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 the effective date of this paragraph .... [LRB inserts date], if in connection with a prior application after May 10, 2008 the effective date of this paragraph .... [LRB inserts date], the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

AB40-ASA1, s. 3157 Section 3157. 343.165 (4) (c) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1264,12 343.165 (4) (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) (a) 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.

AB40-ASA1, s. 3158 Section 3158. 343.165 (4) (d) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1264,23 343.165 (4) (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 unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.

AB40-ASA1, s. 3159 Section 3159. 343.165 (5) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40-ASA1,1265,7 343.165 (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 operator's licenses or identification cards, received by the department after May 10, 2008 the effective date of this subsection .... [LRB inserts date], 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.

AB40-ASA1, s. 3160 Section 3160. 343.165 (7) of the statutes is created to read:

AB40-ASA1,1265,11 343.165 (7) (a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:

AB40-ASA1,1265,13 1. The operator's license contains the marking specified in s. 343.03 (3r) or the identification card contains the marking specified in s. 343.50 (3) (b).

AB40-ASA1,1265,17 2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect immediately prior to the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1,1265,21 (b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after the effective date of this paragraph .... [LRB inserts date], of operator's licenses or identification cards originally issued prior to the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 3161 Section 3161. 343.17 (3) (a) 2. of the statutes is amended to read:

AB40-ASA1,1265,24 343.17 (3) (a) 2. A color photograph of the person , unless the exception under s. 343.14 (3m) applies.

AB40-ASA1, s. 3162 Section 3162. 343.17 (3) (a) 14. of the statutes is created to read:

AB40-ASA1,1266,6 343.17 (3) (a) 14. If the license contains the marking specified in s. 343.03 (3r), a distinctive appearance specified by the department that clearly distinguishes the license from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that the license may not be accepted for federal identification or any other official purpose.

AB40-ASA1, s. 3163 Section 3163. 343.17 (5) of the statutes is amended to read:

AB40-ASA1,1266,13 343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except the license is that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a), and temporary licenses subject to any photograph exception under s. 343.14 (3), are not required to include a photograph of the licensee.

AB40-ASA1, s. 3164 Section 3164. 343.17 (5) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1,1266,21 343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a) are not required to include a photograph of the licensee. This subsection does not apply to a noncitizen temporary license, as described in s. 343.03 (3m).

AB40-ASA1, s. 3165 Section 3165. 343.20 (2) (a) of the statutes is amended to read:

AB40-ASA1,1267,3 343.20 (2) (a) The At least 30 days prior to the expiration of an operator's license, the department shall mail to the provide to the licensee notice of renewal of the license either by mail at the licensee's last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which the license must be renewed or, if desired by the licensee, by any electronic means offered by the department.