LRB-3875/2
ARG:rs&cjs:jf
2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Underheim, Musser, Starzyk
and Townsend, cosponsored by Senators Roessler and Ellis. Referred to
Committee on Transportation.
AB798,1,4 1An Act to amend 343.237 (title), (2), (3) (intro.), (a), (c) (intro.), and (d), (4m), (5),
2(6), (7), (8), and (10), 343.237 (9) and 343.50 (4); and to create 343.14 (3m) of
3the statutes; relating to: thumbprints on motor vehicle operators' licenses and
4identification cards.
Analysis by the Legislative Reference Bureau
With limited exceptions, current law requires the department of transportation
(DOT) to take a photograph of all applicants for an operator's license or identification
card. The photograph must appear on the operator's license or identification card
document. However, DOT may issue an operator's license without a photograph in
specific situations where DOT deems such action appropriate. DOT may keep copies
of photographs taken for an operator's license or identification card for DOT's own
use but generally must keep the photographs confidential. However, DOT may
release a photograph to the individual whose photograph was taken. In addition,
DOT may, under certain circumstances, release a copy of a photograph taken on or
after September 1, 1997, to a Wisconsin law enforcement agency or to a law
enforcement agency of a physically adjacent state. DOT may release a copy of a
photograph to a law enforcement agency only if the agency submits a written request
on the agency's letterhead that specifies the name of the person whose photograph
is requested, along with the name of the requester and the law enforcement agency
that employs the requester, and states that the photograph is requested for the
purpose of investigating unlawful activity, looking for a missing person, or
identifying an accident victim or a deceased person. If a law enforcement agency

receives a copy of a photograph from DOT, the agency must keep the copy of the
photograph confidential and may disclose it only if necessary to perform a law
enforcement function.
This bill requires DOT, with limited exceptions, to take a thumbprint of all
applicants for an operator's license or identification card. The thumbprint may not
appear on the operator's license or identification card document. However, DOT may
issue an operator's license or identification card without taking a thumbprint in
specific situations where DOT deems such action appropriate. DOT may keep copies
of a thumbprint taken by DOT for DOT's own use but generally must keep the
thumbprint confidential. However, DOT may release copies of a thumbprint to the
individual whose thumbprint is taken. In addition, DOT may release written or
electronic copies of a thumbprint to a law enforcement agency under the same
circumstances and with the same limitations, with respect to the thumbprint, that
apply to the release of photographs.
For further information see the state and local 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:
AB798, s. 1 1Section 1. 343.14 (3m) of the statutes is created to read:
AB798,2,112 343.14 (3m) The department shall, as part of the application process, take a
3thumbprint of the applicant. Except where specifically exempted by statute or by
4rule of the department, no application may be processed without a thumbprint being
5taken. In the case of renewal licenses, the thumbprint shall be taken once every 8
6years, and shall coincide with the appearance for examination which is required
7under s. 343.16 (3). The thumbprint shall not appear on the operator's license
8document. The department may make provisions for issuance of a license without
9a thumbprint if the applicant is physically unable to provide a thumbprint or is
10stationed outside the state in military service, and in specific situations where the
11department deems such action appropriate.
AB798, s. 2 12Section 2. 343.237 (title), (2), (3) (intro.), (a), (c) (intro.), and (d), (4m), (5), (6),
13(7), (8), and (10) of the statutes are amended to read:
AB798,3,2
1343.237 (title) Access to license and identification card photographs
2and thumbprints.
AB798,3,8 3(2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and
4any thumbprint taken of an applicant under s. 343.14 (3m) or 343.50 (4),
may be
5maintained by the department and, except as provided in this section, shall be kept
6confidential. Except as provided in this section, the department may release a
7photograph or thumbprint only to the person whose photograph or thumbprint was
8taken.
AB798,3,14 9(3) (intro.) The department shall provide a Wisconsin law enforcement agency
10with a copy of a photograph taken on or after September 1, 1997, of an applicant
11under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a thumbprint taken
12of an applicant under s. 343.14 (3m) or 343.50 (4),
if the department receives a
13written request on the Wisconsin law enforcement agency's letterhead that contains
14all of the following:
AB798,3,1515 (a) The name of the person whose photograph or thumbprint is requested.
AB798,3,1816 (c) (intro.) A statement signed by a division commander or higher authority
17within the Wisconsin law enforcement agency that the photograph or thumbprint is
18requested for any of the following purposes:
AB798,3,2019 (d) A For requests for photographs only, a statement that the request is not
20made solely to obtain a photograph for use as part of a photo lineup or photo array.
AB798,3,25 21(4m) The department shall attach to each copy of a photograph or thumbprint
22provided under this section the notation: "This photograph is subject to the
23requirements and restrictions of section 343.237 of the Wisconsin Statutes" or "This
24thumbprint is subject to the requirements and restrictions of section 343.237 of the
25Wisconsin Statutes
."
AB798,4,5
1(5) Any law enforcement agency that has in its possession a copy of a
2photograph or thumbprint provided to it under sub. (3) or (4) shall destroy any copies
3of the photograph or thumbprint in its possession when the photograph or
4thumbprint
is no longer necessary for the investigatory or identification purpose
5specified in its request for the copy of the photograph or thumbprint.
AB798,4,12 6(6) For each copy of a photograph or thumbprint provided under sub. (3) or (4),
7the department shall record and maintain the written request for the copy of the
8photograph or thumbprint and may not disclose any record or other information
9concerning or relating to the written request to any person other than a court, district
10attorney, county corporation counsel, city, village, or town attorney, law enforcement
11agency, the applicant or identification card holder or, if the applicant or identification
12card holder is under 18 years of age, his or her parent or guardian.
AB798,4,14 13(7) The department may not charge a fee for providing a copy of any photograph
14or thumbprint to a Wisconsin law enforcement agency under this section.
AB798,4,19 15(8) (a) Any law enforcement agency that receives a photograph or thumbprint
16provided to a law enforcement agency under this section shall keep the copy of the
17photograph or thumbprint confidential and may disclose it only if disclosure is
18necessary to perform a law enforcement function and the person to whom the copy
19of the photograph or thumbprint is disclosed agrees to comply with par. (c).
AB798,4,2220 (b) If a law enforcement agency discloses a copy of a photograph or thumbprint
21to another person under par. (a), the copy of the photograph or thumbprint shall have
22attached to it the notation specified in sub. (4m)
AB798,5,223 (c) Any person who receives a copy of a photograph or thumbprint from a law
24enforcement agency under par. (a) shall destroy any copies of the photograph or
25thumbprint
in his or her possession when the photograph or thumbprint is no longer

1necessary to perform the law enforcement function for which the photograph or
2thumbprint
was disclosed.
AB798,5,5 3(10) Any person who wilfully discloses a copy of a photograph or thumbprint
4in violation of this section may be required to forfeit not more than $500 for each
5violation. Each copy disclosed constitutes a separate offense.
AB798, s. 3 6Section 3. 343.237 (9), as affected by 2001 Wisconsin Act ... (Assembly Bill
7110), of the statutes is amended to read:
AB798,5,168 343.237 (9) Not later than August 1, 1998, and annually thereafter with
9regard to photographs, and not later than August 1, 2003, and annually thereafter
10with regard to thumbprints
, the department of transportation and the department
11of justice jointly shall submit a report to the chief clerk of each house of the legislature
12for distribution to the legislature under s. 13.172 (2) concerning the copies of
13photographs and thumbprints provided under this section, including the agencies to
14whom and the purposes for which the copies of the photographs and thumbprints
15were provided. The department of transportation and the department of justice shall
16consult with other interested persons when preparing a report under this subsection.
AB798, s. 4 17Section 4. 343.50 (4) of the statutes is amended to read:
AB798,6,718 343.50 (4) Application. The application for an identification card shall include
19any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), and (br),
20such further information as the department may reasonably require to enable it to
21determine whether the applicant is entitled by law to an identification card and, for
22applicants who are aged 65 years or older, material, as provided by the department,
23explaining the voluntary program that is specified in s. 71.55 (10) (b). The
24department shall, as part of the application process, take a photograph of the
25applicant to comply with sub. (3) and, except in specific situations where the

1department deems such action appropriate, take a thumbprint of the applicant if the
2applicant is physically able to provide a thumbprint
. No application may be
3processed without the photograph being taken and, except in specific situations
4where the department deems such action appropriate, without a thumbprint being
5taken unless the applicant is physically unable to provide a thumbprint
.
6Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s.
7343.14 (9).
AB798, s. 5 8Section 5. Initial applicability.
AB798,6,129 (1) This act first applies to applications for an operator's license or
10identification card, or renewal of an operator's license or identification card,
11submitted to the department of transportation on the effective date of this
12subsection.
AB798, s. 6 13Section 6. Effective date.
AB798,6,1514 (1) This act takes effect on the first day of the 7th month beginning after
15publication.
AB798,6,1616 (End)
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