Amendment ASA1-SB40

SB40-ASA1, s. 2620 Section 2620 . 343.14 (2j) of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB40-ASA1,1414,14 343.14 (2j) Except as provided in sub. (2g) (b) and as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction.

SB40-ASA1, s. 2621 Section 2621. 343.14 (2r) of the statutes is created to read:

SB40-ASA1,1414,20 343.14 (2r) Notwithstanding sub. (2j), the department may, upon request, provide to the department of health and family services any applicant information maintained by the department of transportation and identified in sub. (2), including providing electronic access to the information, for the sole purpose of verification by the department of health and family services of birth certificate information.

SB40-ASA1, s. 2622 Section 2622. 343.14 (3) of the statutes is amended to read:

SB40-ASA1,1415,6 343.14 (3) 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. Except where specifically exempted by statute or by rule of the department, no No application may be processed without the photograph being taken. In Except as provided in 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). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

SB40-ASA1, s. 2623 Section 2623. 343.14 (4m) of the statutes is amended to read:

SB40-ASA1,1415,12 343.14 (4m) The Subject to s. 343.17 (2), the department shall develop designs for licenses and identification cards which are resistant to tampering and forgery no later than January 1, 1989. Licenses and licenses and identification cards issued on or after January 1, 1989, shall incorporate the designs required under this subsection.

SB40-ASA1, s. 2624 Section 2624. 343.16 (3) (a) of the statutes is amended to read:

SB40-ASA1,1416,4 343.16 (3) (a) The Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

SB40-ASA1, s. 2625 Section 2625. 343.165 of the statutes is created to read:

SB40-ASA1,1416,11 343.165 Processing license and identification card applications. (1) 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, and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and the department verifies under sub. (3), all of the following information:

SB40-ASA1,1416,13 (a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

SB40-ASA1,1416,15 (b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a).

SB40-ASA1,1416,18 (c) Proof of the applicant's social security number or, except as provided in s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.

SB40-ASA1,1416,20 (d) Documentation showing the applicant's name and address of principal residence.

SB40-ASA1,1416,22 (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., the documentary proof described in s. 343.14 (2) (es).

SB40-ASA1,1417,3 (2) (a) 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).

SB40-ASA1,1417,6 (b) 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.

SB40-ASA1,1417,10 (3) (a) Except as provided in pars. (b) and (c), 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).

SB40-ASA1,1417,12 (b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1).

SB40-ASA1,1417,18 (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.

SB40-ASA1,1417,24 (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, if in connection with a prior application after May 10, 2008, the applicant previously presented or provided, and the department verified, the information specified in sub. (1) and the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

SB40-ASA1,1418,4 (b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in par. (a). The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.

SB40-ASA1,1418,10 (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) 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.

SB40-ASA1,1418,18 (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.

SB40-ASA1,1418,24 (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 licenses, received by the department after May 10, 2008, 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.

SB40-ASA1,1419,2 (6) During the period in which the department processes an application under this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c).

SB40-ASA1, s. 2626 Section 2626. 343.17 (1) of the statutes is amended to read:

SB40-ASA1,1419,6 343.17 (1) License issuance. The Subject to s. 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.

SB40-ASA1, s. 2627 Section 2627. 343.17 (2) of the statutes is amended to read:

SB40-ASA1,1419,12 343.17 (2) License document. The license shall be a single document, in one-part one part, consisting of 2 sides, except as otherwise provided in sub. (4) and s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof and shall contain physical security features consistent with any requirement under federal law.

SB40-ASA1, s. 2628 Section 2628. 343.17 (3) (a) 1. and 5. of the statutes are amended to read:

SB40-ASA1,1419,15 343.17 (3) (a) 1. The full legal name, date of birth, and principal residence address of the person.

SB40-ASA1,1419,18 5. A facsimile of the The person's signature, or a space upon which the licensee shall immediately write his or her usual signature with a pen and ink on receipt of the license, without which the license is not valid.

SB40-ASA1, s. 2629 Section 2629. 343.17 (3) (a) 14. of the statutes, as created by 2005 Wisconsin Act 126, is repealed.

SB40-ASA1, s. 2630 Section 2630. 343.17 (5) of the statutes is amended to read:

SB40-ASA1,1420,2 343.17 (5) No photos on certain 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 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).

SB40-ASA1, s. 2631 Section 2631. 343.19 (1) of the statutes is amended to read:

SB40-ASA1,1420,17 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

SB40-ASA1, s. 2632 Section 2632. 343.20 (1) (a) of the statutes is amended to read:

SB40-ASA1,1421,4 343.20 (1) (a) Except as otherwise expressly provided in this chapter, reinstated licenses, probationary licenses issued under s. 343.085 and original licenses other than instruction permits shall expire 2 years from the date of the applicant's next birthday. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (a), (b) and (d) shall be prorated accordingly.

SB40-ASA1, s. 2633 Section 2633. 343.20 (1) (f) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40-ASA1,1421,13 343.20 (1) (f) The department shall cancel an operator's license, regardless of the license expiration date, if the department is notified by receives information from a local, state, or federal government agency that the operator is no longer a citizen of the United States, a legal permanent resident of the United States, or a conditional resident of the United States, or otherwise not legally present in the United States licensee no longer satisfies the requirements for issuance of a license under ss. 343.14 (2) (es) and 343.165 (1) (e).

SB40-ASA1, s. 2634 Section 2634. 343.20 (1m) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40-ASA1,1421,23 343.20 (1m) A Notwithstanding sub. (1) (a) and (e), and except as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply.

SB40-ASA1, s. 2635 Section 2635 . 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1422,12 343.20 (1m) Notwithstanding sub. (1) (a) and (e), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. (es) 2., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. (es) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

SB40-ASA1, s. 2636 Section 2636. 343.20 (2) (a) of the statutes is amended to read:

SB40-ASA1,1422,19 343.20 (2) (a) The department shall mail to the 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. If the license was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the licensee of the requirement under s. 343.165 (4) (c).

SB40-ASA1, s. 2637 Section 2637. 343.21 (1) (n) of the statutes is created to read:

SB40-ASA1,1422,23 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a federal security verification mandate fee of $10.

SB40-ASA1, s. 2638 Section 2638. 343.22 (1) of the statutes is repealed.

SB40-ASA1, s. 2639 Section 2639. 343.22 (2) (intro.) and (a) of the statutes are amended to read:

SB40-ASA1,1423,6 343.22 (2) (intro.) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, moves from the address named in the application or in the license or identification card issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 10 30 days thereafter, do one of the following:

SB40-ASA1,1423,10 (a) Apply for a duplicate license or identification card showing on the application the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.

SB40-ASA1, s. 2640 Section 2640. 343.22 (2m) of the statutes is amended to read:

SB40-ASA1,1423,18 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fee fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40-ASA1, s. 2641 Section 2641 . 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1424,2 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40-ASA1, s. 2642 Section 2642. 343.22 (3) of the statutes is amended to read:

SB40-ASA1,1424,11 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fee fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40-ASA1, s. 2643 Section 2643 . 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1424,21 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 30 days thereafter, apply for a duplicate license or identification card showing the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40-ASA1, s. 2644 Section 2644. 343.23 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1425,13 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:

SB40-ASA1, s. 2645 Section 2645. 343.23 (2) (b) of the statutes is amended to read:

SB40-ASA1,1426,15 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

SB40-ASA1, s. 2646 Section 2646. 343.23 (5) of the statutes is amended to read:

SB40-ASA1,1426,20 343.23 (5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files. Records under sub. (1) and files under sub. (2) shall be maintained in an electronic and transferable format accessible for the purpose specified in s. 343.03 (6) (a).

SB40-ASA1, s. 2647 Section 2647. 343.235 (3) (a) of the statutes is amended to read:

SB40-ASA1,1426,24 343.235 (3) (a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40-ASA1, s. 2648 Section 2648. 343.237 (2) of the statutes is amended to read:

SB40-ASA1,1427,6 343.237 (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.

SB40-ASA1, s. 2649 Section 2649. 343.237 (3) (intro.) of the statutes is amended to read:

SB40-ASA1,1427,13 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:

SB40-ASA1, s. 2650 Section 2650. 343.24 (3) of the statutes is amended to read:

SB40-ASA1,1427,19 343.24 (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor who committed the violation or his or her parent or guardian.

SB40-ASA1, s. 2651 Section 2651. 343.24 (4) (c) 1. of the statutes is amended to read:

SB40-ASA1,1427,23 343.24 (4) (c) 1. A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40-ASA1, s. 2652 Section 2652. 343.26 of the statutes is amended to read:

SB40-ASA1,1428,6 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the all required fee fees, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40-ASA1, s. 2653 Section 2653 . 343.26 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1428,15 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and all required fees, and after processing the application as provided in s. 343.165, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40-ASA1, s. 2654 Section 2654. 343.265 (2) of the statutes is amended to read:

SB40-ASA1,1428,23 343.265 (2) A person whose voluntary surrender of license under sub. (1) or (1m) has been accepted by the department may apply for a duplicate license under s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee fees under s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under s. 343.16 (5).

SB40-ASA1, s. 2655 Section 2655. 343.30 (5) of the statutes is amended to read:

SB40-ASA1,1429,10 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.09 (1) (c), 800.095 (4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends , or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

SB40-ASA1, s. 2656 Section 2656. 343.305 (6) (e) 2. am. of the statutes is amended to read: