LRB-4375/1
EVM&JK:all
2015 - 2016 LEGISLATURE
January 12, 2016 - Introduced by Law Revision Committee. Referred to Committee
on Rules.
AB684,1,7 1An Act to repeal 20.566 (1) (gm), 85.07 (6), 85.515 and subchapter IV of chapter
2139 [precedes 139.87]; and to amend 343.165 (1) (intro.), 343.165 (4) (a),
3343.165 (5), 343.165 (7) (a) 2. and 343.165 (7) (b) of the statutes; relating to:
4certain drinking age reports, the effective date of certain changes to the
5requirements for issuing operator's licenses and identification cards, and
6repealing the tax on controlled substances (suggested as remedial legislation
7by the Department of Transportation).
Analysis by the Legislative Reference Bureau
Current law requires the Department of Transportation to study the impact of
raising the legal drinking age to 21 and report the results to the legislature by
January 1, 1988, 1989, 1990, and 1991. This bill repeals this provision.
Under current federal law, the REAL ID Act of 2005 (REAL ID Act) prohibits
a federal agency from accepting for any "official purpose," including boarding
commercial aircraft and entering federal buildings, an operator's license or
identification card issued by a state unless the state satisfies requirements
contained in the REAL ID Act. While the provisions of the REAL ID Act became
effective on May 11, 2008, the federal Department of Homeland Security regulations
promulgated under the REAL ID Act gave states additional time to implement the
REAL ID standards. The 2007 biennial budget act, 2007 Wisconsin Act 20, contained

provisions incorporating into state law requirements contained in the REAL ID Act.
However, most of these provisions were subject to a contingent effective date; the
provisions would not become effective until the date specified in a notice provided by
DOT after DOT had determined that it was ready to fully implement the REAL ID
Act. On November 30, 2012, DOT published the required notice, stating that
January 1, 2013, would be the effective date for full implementation of the REAL ID
Act.
This bill removes the statutory references to the contingent effective date.
This bill repeals the occupational tax on controlled substances.
Under current law, the state imposes an occupational tax on a person who sells
illegal controlled substances in this state. Before selling an illegal controlled
substance, the person must pay the tax and affix tax stamps to the product in order
to prove that the person paid the tax. In 2004, the Court of Appeals for the Seventh
Circuit held that imposing a criminal penalty for both possessing a controlled
substance and failing to pay the occupational tax on the substance violated the
double jeopardy clause of the Fifth Amendment to the United States Constitution
which, generally, prohibits convicting an individual twice for the same crime. See
Dye v. Frank, 355 F.3d 1102 (2004).
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Transportation and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB684,1 1Section 1 . 20.566 (1) (gm) of the statutes is repealed.
AB684,2 2Section 2 . 85.07 (6) of the statutes is repealed.
Note: Section 2 repeals the statute that requires the Department of
Transportation to study the impact of raising the legal drinking age to 21 and report the
results to the legislature by January 1, 1988, 1989, 1990, and 1991.
AB684,3 3Section 3 . 85.515 of the statutes is repealed.
Note: Section 3 repeals the statute that requires the secretary of the Department
of Transportation to determine whether the state is ready to fully implement the federal
REAL ID Act. On November 30, 2012, the Department of Transportation published the
required notice that it was ready to fully implement the federal REAL ID Act.
AB684,4 4Section 4 . Subchapter IV of chapter 139 [precedes 139.87] of the statutes is
5repealed.

Note: Sections 1 and 4 repeal the statutory provisions relating to the occupational
tax on controlled substances.
AB684,5 1Section 5 . 343.165 (1) (intro.) of the statutes is amended to read:
AB684,3,92 343.165 (1) (intro.) Subject to ss. 343.14 (3m) and 343.50 (4g), the department
3may not complete the processing of an application for initial issuance or renewal of
4an operator's license or identification card received by the department after the date
5stated in the notice provided by the secretary of transportation and published in the
6Wisconsin Administrative Register under s. 85.515 (2) (b),
and no such license or
7identification card may be issued or renewed, unless the applicant presents or
8provides, and, subject to sub. (7), the department verifies under sub. (3), all of the
9following information:
AB684,6 10Section 6. 343.165 (4) (a) of the statutes is amended to read:
AB684,3,2011 343.165 (4) (a) Subsection (1) does not apply to an application for renewal of
12an operator's license or identification card received by the department after the date
13stated in the notice provided by the secretary of transportation and published in the
14Wisconsin Administrative Register under s. 85.515 (2) (b),
if in connection with a
15prior application after the date stated in the notice provided by the secretary of
16transportation and published in the Wisconsin Administrative Register under s.
1785.515 (2) (b),
the applicant previously presented or provided, and the department
18verified under sub. (3) or (7), the information specified in sub. (1) and, if verified
19under sub. (3), the department recorded the date on which the verification
20procedures were completed as described in sub. (2) (b).
AB684,7 21Section 7 . 343.165 (5) of the statutes is amended to read:
AB684,4,622 343.165 (5) The department may, by rule, require that applications for
23reinstatement of operator's licenses or identification cards, issuance of occupational

1licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses
2or identification cards, received by the department after the date stated in the notice
3provided by the secretary of transportation and published in the Wisconsin
4Administrative Register under s. 85.515 (2) (b),
be processed in a manner consistent
5with the requirements established under this section for applications for initial
6issuance or renewal of operator's licenses and identification cards.
Note: 2007 Wisconsin Act 20 contains provisions that incorporate into state law
provisions relating to the effective date of the federal REAL ID Act. Sections 5 to 7
remove language that refers to the undetermined future date of the notice provided by
the Department of Transportation. On November 30, 2012, the Department of
Transportation published the required notice that it was ready to fully implement the
federal REAL ID Act effective January 1, 2013.
AB684,8 7Section 8 . 343.165 (7) (a) 2. of the statutes is amended to read:
AB684,4,128 343.165 (7) (a) 2. The operator's license or identification card is processed and
9issued or renewed in compliance with applicable department practices and
10procedures that were in effect immediately prior to the date stated in the notice
11provided by the secretary of transportation and published in the Wisconsin
12Administrative Register under s. 85.515 (2) (b)
on December 31, 2012.
AB684,9 13Section 9 . 343.165 (7) (b) of the statutes is amended to read:
AB684,4,2014 343.165 (7) (b) In addition to other instances of original issuance or renewal,
15this subsection specifically applies to renewals occurring after the date stated in the
16notice provided by the secretary of transportation and published in the Wisconsin
17Administrative Register under s. 85.515 (2) (b),
December 31, 2012, of operator's
18licenses or identification cards originally issued prior to the date stated in the notice
19provided by the secretary of transportation and published in the Wisconsin
20Administrative Register under s. 85.515 (2) (b)
January 1, 2013.
Note: Sections 8 and 9 remove language that refers to the undetermined future
date of the notice provided by the Department of Transportation regarding full

implementation of the federal REAL ID Act and insert the appropriate dates to reflect the
effective date of the full implementation of the federal REAL ID Act.
AB684,5,11 (End)
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