SB77: Bill Text

SB77,1641,6 343.305 (6) (e) 1. In this paragraph, "licensor" means the department, either the department of health and family services or the department of transportation, issuing a permit or laboratory approval under this subsection.

SB77,1641,8 2. In addition to any other information required by the licensor, an application for a permit or laboratory approval under this subsection shall include the following:

SB77,1641,9 a. In the case of an individual, the individual's social security number.

SB77,1641,11 b. In the case of a person who is not an individual, the person's federal employer identification number.

SB77,1641,14 3. a. The licensor shall deny an application for the issuance or, if applicable, renewal of a permit or laboratory approval if the information required under subd. 2. a. or b. is not included in the application.

SB77,1641,18 b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77,1641,23 3. A permit under this subsection shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77,1642,4 4. If the licensor is the department of health and family services, the department of health and family services shall deny an application for the issuance or renewal of a permit or laboratory approval, or revoke a permit or laboratory approval already issued, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the permit or laboratory approval is liable for delinquent taxes.

SB77, s. 4098 Section 4098. 343.345 of the statutes is created to read:

SB77,1642,11 343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4099 Section 4099. 343.38 (2) (intro.) and (a) of the statutes are consolidated, renumbered 343.38 (2) and amended to read:

SB77,1642,18 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident: (a) Obtains obtains a valid operator's license in issued by the jurisdiction of the nonresident's residence; and.

SB77, s. 4100 Section 4100. 343.38 (2) (b) of the statutes is repealed.

SB77, s. 4101 Section 4101. 343.50 (3) of the statutes is amended to read:

SB77,1643,4 343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, comply with the requirement of shall be of the design specified under s. 343.17 (3) (a) 12.

SB77, s. 4102 Section 4102. 343.50 (4) of the statutes is amended to read:

SB77,1643,15 343.50 (4) Application. The application for an identification card shall include the information required under s. 343.14 (2) (a) and (b) and (2m), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No Except as provided in sub. (6) (b), no application may be processed without the photograph being taken. Misrepresentations are punishable as provided in s. 343.14 (5).

SB77, s. 4103 Section 4103. 343.50 (5) of the statutes is amended to read:

SB77,1643,20 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $4 $9. The card shall be valid for the succeeding period of 4 6 years from the applicant's next birthday after the date of issuance.

SB77, s. 4104 Section 4104. 343.50 (6) of the statutes is renumbered 343.50 (6) (a) and amended to read:

SB77,1644,4 343.50 (6) (a) At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $4 $9, which card shall be valid for 4 6 years.

SB77, s. 4105 Section 4105. 343.50 (6) (b) of the statutes is created to read:

SB77,1644,13 343.50 (6) (b) During the transition to the issuance of renewal identification cards under par. (a) that are valid for a period of 6 years, the department may issue identification cards for renewal periods of less than 6 years for the purpose of gaining a uniform rate of renewals. The department may process an application under this paragraph by mail without requiring an applicant to have his or her photograph taken to comply with sub. (3). If the department issues a renewal identification card under this paragraph, the fee due under par. (a) shall be prorated accordingly. This paragraph does not apply after December 31, 2001.

SB77, s. 4106 Section 4106. 343.50 (7) of the statutes is amended to read:

SB77,1644,15 343.50 (7) Duplicate. The fee for a duplicate card is $3 $6.

SB77, s. 4107 Section 4107. 343.50 (8) (b) of the statutes is amended to read:

SB77,1645,2 343.50 (8) (b) The department shall not disclose any record or other information concerning or relating to an applicant or identification card holder 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. Persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not apply to any record or other information requested by the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 4108 Section 4108. 343.51 (1) of the statutes is amended to read:

SB77,1645,24 343.51 (1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or (1r) (a) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

SB77, s. 4109 Section 4109. 343.60 (1) of the statutes is amended to read:

SB77,1646,7 343.60 (1) "Driver school" means the business of giving instruction, for compensation, in the driving of motor vehicles, except that it does not include a high school or technical college which teaches driver training as part of its regular school program and whose course of study in driver training has been approved by the department of education public instruction or technical college system board and it does not include an institution of higher learning which teaches driver training as part of its teacher training program.

SB77, s. 4110 Section 4110. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) (intro.) and amended to read:

SB77,1646,13 343.61 (2) (a) (intro.) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

SB77, s. 4111 Section 4111. 343.61 (2) (a) 1. and 2. of the statutes are created to read:

SB77,1646,16 343.61 (2) (a) 1. In the case of an individual, the individual's social security number.

SB77,1646,18 2. In the case of a person who is not an individual, the person's federal employer identification number.

SB77, s. 4112 Section 4112. 343.61 (2) (b) of the statutes is created to read:

SB77,1646,24 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77, s. 4113 Section 4113. 343.61 (3) of the statutes is amended to read:

SB77,1647,3 343.61 (3) The required fee for any driver school license, or for any annual renewal thereof, is $25 $75 or, for licenses issued or renewed after August 31, 1998, $95.

SB77, s. 4114 Section 4114. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

SB77,1647,9 343.62 (2) (a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. The application shall include the applicant's social security number.

SB77, s. 4115 Section 4115. 343.62 (2) (b) of the statutes is created to read:

SB77,1647,15 343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB77, s. 4116 Section 4116. 343.62 (3) of the statutes is amended to read:

SB77,1647,18 343.62 (3) The required fee for any instructor's license, or for any annual renewal thereof, is $5 $25.

SB77, s. 4117 Section 4117. 343.64 of the statutes is renumbered 343.64 (1).

SB77, s. 4118 Section 4118. 343.64 (2) of the statutes is created to read:

SB77,1647,23 343.64 (2) The secretary shall deny the application of any person for the issuance or renewal of a driver school license if the information required under s. 343.61 (2) (a) 1. or 2. is not included in the application.

SB77, s. 4119 Section 4119. 343.65 of the statutes is renumbered 343.65 (1).

SB77, s. 4120 Section 4120. 343.65 (2) of the statutes is created to read:

SB77,1648,3 343.65 (2) The secretary shall deny an application for the issuance or renewal of an instructor's license if the applicant has not included his or her social security number in the application.

SB77, s. 4121 Section 4121. 343.66 (6) of the statutes is amended to read:

SB77,1648,6 343.66 (6) The licensee has failed to maintain satisfactory insurance to meet damage claims in the amounts specified by s. 343.64 (7) (1) (g).

SB77, s. 4122 Section 4122. 343.665 of the statutes is created to read:

SB77,1648,9 343.665 Denial, restriction, limitation, suspension or revocation of driver school license. The secretary shall:

SB77,1648,15 (1) Deny, restrict, limit or suspend any driver school license issued under s. 343.61 or refuse to issue a renewal thereof if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77,1648,19 (2) Deny an application for the issuance or renewal of a driver school license issued under s. 343.61, or revoke a driver school license already issued under s. 343.61, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

SB77, s. 4123 Section 4123. 343.675 of the statutes is created to read:

SB77,1648,22 343.675 Denial, restriction, limitation, suspension or revocation of instructor's license. The secretary shall:

SB77,1649,3 (1) Deny, restrict, limit or suspend any instructor's license issued under s. 343.62 or refuse to issue a renewal thereof if the applicant or licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77,1649,7 (2) Deny an application for the issuance or renewal of an instructor's license issued under s. 343.62, or revoke an instructor's license already issued under s. 343.62, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

SB77, s. 4124 Section 4124. 343.68 of the statutes is amended to read:

SB77,1649,12 343.68 Renewal no bar to revocation of license. In Except as provided in ss. 343.665 and 343.675, in reviewing the renewal of a license, the secretary may deny or delay such renewal for causes and violations as prescribed by ss. 343.64 to 343.72 occurring during any prior license period.

SB77, s. 4125 Section 4125. 343.69 of the statutes is amended to read:

SB77,1649,21 343.69 Hearings on license denials and revocations. Before the department denies an application for a driver school license or instructor's license or revokes any such license, the department shall notify the applicant or licensee of the pending action and that the division of hearings and appeals will hold a hearing on the pending denial or revocation. The division of hearings and appeals shall send notice of the hearing by registered or certified mail to the last-known address of the licensee or applicant, at least 10 days prior to the date of the hearing. This section does not apply to denials or revocations of licenses under s. 343.665 or 343.675.

SB77, s. 4126 Section 4126. 344.01 (2) (cm) of the statutes is created to read:

SB77,1649,25 344.01 (2) (cm) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.

SB77, s. 4127 Section 4127. 344.02 (1) of the statutes is amended to read:

SB77,1650,13 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of revocation or impoundment will be made if such security is not deposited, it shall afford the person so notified an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of revocation if postponement has been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof to such person by regular mail. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

SB77, s. 4128 Section 4128. 344.14 (2m) of the statutes is created to read:

SB77,1650,17 344.14 (2m) A motor vehicle may not be impounded under sub. (1m) if the vehicle is registered, or is required to be registered, in the name of the lessee of the vehicle.

SB77, s. 4129 Section 4129. 344.42 of the statutes is created to read:

SB77,1650,25 344.42 Submission of certifications and recertifications by insurers. If the sum of certifications and recertifications under ss. 344.31, 344.32 and 344.34 that are submitted by an insurer to the department in any year exceeds 1,000, the insurer shall pay to the department a transaction fee of $1.50 per certification or recertification that is not transmitted electronically to the department. The department shall promulgate rules establishing procedures for the collection of transaction fees under this section.

SB77, s. 4130 Section 4130. 345.05 (title) of the statutes is amended to read:

SB77,1651,3 345.05 (title) Municipal Local governmental liability for motor vehicle accidents.

SB77, s. 4131 Section 4131. 345.05 (1) (b) of the statutes is amended to read:

SB77,1651,9 345.05 (1) (b) "Governing body" means the county board with reference to counties, the town board with reference to towns, the legislative body of a city or village with reference to cities and villages and the board of any district, center or other municipality local governmental unit with reference to other municipalities local governmental units enumerated in par. (c) (bg).

SB77, s. 4132 Section 4132. 345.05 (1) (bm) of the statutes is amended to read:

SB77,1651,12 345.05 (1) (bm) "Motor vehicle" does not include a vehicle that is exempt from registration under s. 341.05 or a snowplow.

SB77, s. 4133 Section 4133. 345.05 (1) (c) of the statutes is renumbered 345.05 (1) (bg) and amended to read:

SB77,1651,18 345.05 (1) (bg) "Municipality" "Local governmental unit" means any county, city, village, town, school district (as enumerated in s. 67.01 (5), sewer district, drainage district and, without restriction because of failure of enumeration, any other political subdivision of the state.

SB77, s. 4134 Section 4134. 345.05 (2) of the statutes is amended to read:

SB77,1652,3 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality local governmental unit, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality local governmental unit concerned and the governing body thereof may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality local governmental unit if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality local governmental unit will acquire title.

SB77, s. 4135 Section 4135. 345.05 (4) of the statutes is amended to read:

SB77,1652,7 345.05 (4) In this section, judgments against municipalities local governmental units shall be certified, filed and collected as provided in s. 66.09 whether named therein or not.

SB77, s. 4136 Section 4136. 345.05 (5) of the statutes is amended to read:

SB77,1652,14 345.05 (5) If the allowance of claim is by or the judgment is against any municipality local governmental unit lying in more than one town, city, village or county, the governing body of the debtor municipality local governmental unit shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality local governmental unit will equitably bear the amount of the claim or judgment.

SB77, s. 4137 Section 4137. 345.05 (6) of the statutes is created to read: