SB40-SSA1,1412,156
(br) If the applicant does not have a social security number, a statement made
7or subscribed under oath or affirmation that the applicant does not have a social
8security number
and is not eligible for a social security number. The statement shall
9provide the basis or reason that the applicant is not eligible for a social security
10number, as well as any information requested by the department that may be needed
11by the department for purposes of verification under s. 343.165 (1) (c). The form of
12the statement shall be prescribed by the department
, with the assistance of the
13department of workforce development. A license that is issued or renewed under s.
14343.17 in reliance on a statement submitted under this paragraph is invalid if the
15statement is false.
SB40-SSA1, s. 3244
16Section
3244
. 343.14 (2) (br) of the statutes, as affected by 2007 Wisconsin Act
17.... (this act), is amended to read:
SB40-SSA1,1413,218
343.14
(2) (br) If the applicant does not have a social security number, a
19statement made or subscribed under oath or affirmation that the applicant does not
20have a social security number and is not eligible for a social security number. The
21statement shall provide the basis or reason that the applicant is not eligible for a
22social security number, as well as any information requested by the department that
23may be needed by the department for purposes of verification under s. 343.165 (1)
24(c). The form of the statement shall be prescribed by the department, with the
25assistance of the department of
workforce development
children and families. A
1license that is issued or renewed under s. 343.17 in reliance on a statement
2submitted under this paragraph is invalid if the statement is false.
SB40-SSA1,1413,126
343.14
(2) (es) (intro.)
Documentary
Subject to sub. (2g) (a) 2. d. and s. 343.125
7(2) (a) and (b), valid documentary proof that the individual is a citizen
or national of
8the United States or
documentary proof that the individual is legally present an alien
9lawfully admitted for permanent or temporary residence in the United States
. 2. If
10the individual is not a citizen of the United States, he or she shall provide
11documentary proof of his or her status as a legal permanent resident or conditional
12resident, a or has any of the following:
SB40-SSA1,1413,14
132. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry
14into the United States
, a pending or.
SB40-SSA1,1413,16
153. An approved application for asylum in the United States
, valid entry or has
16entered into the United States in refugee status
, a .
SB40-SSA1,1413,18
175. A pending or approved application for temporary protected status in the
18United States
, approved.
SB40-SSA1,1413,19
196. Approved deferred action status
, or a .
SB40-SSA1,1413,22
207. A pending application for adjustment of status to
legal that of an alien
21lawfully admitted for permanent
resident status
residence in the United States or
22conditional
permanent resident status
in the United States.
SB40-SSA1, s. 3246
23Section
3246. 343.14 (2) (es) 1. and 4. of the statutes are created to read:
SB40-SSA1,1413,2424
343.14
(2) (es) 1. Conditional permanent resident status in the United States.
SB40-SSA1,1413,2525
4. A pending application for asylum in the United States.
SB40-SSA1,1414,52
343.14
(2) (f)
Such Subject to s. 343.165 (1), such further information as the
3department considers appropriate to identify the applicant, including biometric
4data, and such information as the department may reasonably require to enable it
5to determine whether the applicant is by law entitled to the license applied for;
SB40-SSA1,1414,148
343.14
(2j) Except as provided in sub. (2g) (b) and as otherwise required to
9administer and enforce this chapter, the department of transportation may not
10disclose a social security number obtained from an applicant for a license under sub.
11(2) (bm) to any person except to the department of children and families for the sole
12purpose of administering s. 49.22, to the department of revenue for the purposes of
13administering state taxes and collecting debt, or to the driver licensing agency of
14another jurisdiction.
SB40-SSA1,1414,2016
343.14
(2r) Notwithstanding sub. (2j), the department may, upon request,
17provide to the department of health and family services any applicant information
18maintained by the department of transportation and identified in sub. (2), including
19providing electronic access to the information, for the sole purpose of verification by
20the department of health and family services of birth certificate information.
SB40-SSA1,1415,622
343.14
(3) The department shall, as part of the application process, take a
23digital photograph
including facial image capture of the applicant to comply with s.
24343.17 (3) (a) 2.
Except where specifically exempted by statute or by rule of the
25department, no No application may be processed without the photograph being
1taken.
In Except as provided in s. 343.165 (4) (d), in the case of renewal licenses, the
2photograph shall be taken once every 8 years, and shall coincide with the appearance
3for examination which is required under s. 343.16 (3).
The department may make
4provision for issuance of a license without a photograph if the applicant is stationed
5outside the state in military service and in specific situations where the department
6deems such action appropriate.
SB40-SSA1,1415,128
343.14
(4m) The Subject to s. 343.17 (2), the department shall develop designs
9for licenses and identification cards which are resistant to tampering and forgery
no
10later than January 1, 1989. Licenses and licenses and identification cards issued on
11or after January 1, 1989, shall incorporate the designs required under this
12subsection.
SB40-SSA1,1416,414
343.16
(3) (a)
The Except as provided in s. 343.165 (4) (d), the department shall
15examine every applicant for the renewal of an operator's license once every 8 years.
16The department may institute a method of selecting the date of renewal so that such
17examination shall be required for each applicant for renewal of a license to gain a
18uniform rate of examinations. The examination shall consist of a test of eyesight.
19The department shall make provisions for giving such examinations at examining
20stations in each county to all applicants for an operator's license. The person to be
21examined shall appear at the examining station nearest the person's place of
22residence or at such time and place as the department designates in answer to an
23applicant's request. In lieu of examination, the applicant may present or mail to the
24department a report of examination of the applicant's eyesight by an
25ophthalmologist, optometrist or physician licensed to practice medicine. The report
1shall be based on an examination made not more than 3 months prior to the date it
2is submitted. The report shall be on a form furnished and in the form required by
3the department. The department shall decide whether, in each case, the eyesight
4reported is sufficient to meet the current eyesight standards.
SB40-SSA1,1416,11
6343.165 Processing license and identification card applications. (1) 7The department may not complete the processing of an application for initial
8issuance or renewal of an operator's license or identification card received by the
9department after May 10, 2008, and no such license or identification card may be
10issued or renewed, unless the applicant presents or provides, and the department
11verifies under sub. (3), all of the following information:
SB40-SSA1,1416,1312
(a) An identification document that includes either the applicant's photograph
13or both the applicant's full legal name and date of birth.
SB40-SSA1,1416,1514
(b) Documentation showing the applicant's date of birth, which may be the
15identification document under par. (a).
SB40-SSA1,1416,1816
(c) Proof of the applicant's social security number or, except as provided in s.
17343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security
18number.
SB40-SSA1,1416,2019
(d) Documentation showing the applicant's name and address of principal
20residence.
SB40-SSA1,1416,2221
(e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., the
22documentary proof described in s. 343.14 (2) (es).
SB40-SSA1,1417,3
23(2) (a) The department shall, in processing any application for an operator's
24license or identification card under sub. (1), capture a digital image of each document
25presented or provided to the department by an applicant. Images captured under
1this paragraph shall be maintained, in electronic storage and in a transferable
2format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50
3(8) (a).
SB40-SSA1,1417,64
(b) The department shall record in the applicant's file under s. 343.23 (2) (a) or
5record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3)
6is completed.
SB40-SSA1,1417,10
7(3) (a) Except as provided in pars. (b) and (c), the department shall verify, in
8the manner and to the extent required under federal law, each document presented
9or provided to the department that is required to be presented or provided to the
10department by an applicant under sub. (1).
SB40-SSA1,1417,1211
(b) The department may not accept any foreign document, other than an official
12passport, to satisfy a requirement under sub. (1).
SB40-SSA1,1417,1813
(c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social
14security number that is already registered to or associated with another person, the
15department shall direct the applicant to investigate and take appropriate action to
16resolve the discrepancy and shall not issue any operator's license or identification
17card until the discrepancy is resolved. The department shall adopt procedures for
18purposes of verifying that an applicant is not eligible for a social security number.
SB40-SSA1,1417,24
19(4) (a) Subsection (1) does not apply to an application for renewal of an
20operator's license or identification card received by the department after May 10,
212008, if in connection with a prior application after May 10, 2008, the applicant
22previously presented or provided, and the department verified, the information
23specified in sub. (1) and the department recorded the date on which the verification
24procedures were completed as described in sub. (2) (b).
SB40-SSA1,1418,4
1(b) The department shall establish an effective procedure to confirm or verify
2an applicant's information for purposes of any application described in par. (a). The
3procedure shall include verification of the applicant's social security number or
4ineligibility for a social security number.
SB40-SSA1,1418,105
(c) Notwithstanding pars. (a) and (b), no operator's license displaying the
6legend required under s. 343.03 (3m) or identification card displaying the legend
7required under s. 343.50 (3) may be renewed unless the applicant presents or
8provides valid documentary proof under sub. (1) (e) and this proof shows that the
9status by which the applicant qualified for the license or identification card has been
10extended by the secretary of the federal department of homeland security.
SB40-SSA1,1418,1811
(d) With any license or identification card renewal following a license or
12identification card expiration established under s. 343.20 (1m) or 343.50 (5) (c) at
13other than an 8-year interval, the department may determine whether the
14applicant's photograph is to be taken, or if the renewal is for a license the applicant
15is to be examined, or both, at the time of such renewal, so long as the applicant's
16photograph is taken, and if the renewal is for a license the applicant is examined,
17with a license or card renewal at least once every 8 years and the applicant's license
18or identification card at all times includes a photograph.
SB40-SSA1,1418,24
19(5) The department may, by rule, require that applications for reinstatement
20of operator's licenses or identification cards, issuance of occupational licenses,
21reissuance of operator's licenses, or issuance of duplicate licenses, received by the
22department after May 10, 2008, be processed in a manner consistent with the
23requirements established under this section for applications for initial issuance or
24renewal of operator's licenses and identification cards.
SB40-SSA1,1419,2
1(6) During the period in which the department processes an application under
2this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c).
SB40-SSA1,1419,64
343.17
(1) License issuance. The Subject to s. 343.165, the department shall
5issue an operator's license and endorsements, as applied for, to every qualifying
6applicant who has paid the required fees.
SB40-SSA1,1419,128
343.17
(2) License document. The license shall be a single document, in
9one-part one part, consisting of 2 sides, except as otherwise provided in sub. (4) and
10s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper
11proof
and shall contain physical security features consistent with any requirement
12under federal law.
SB40-SSA1, s. 3260
13Section
3260. 343.17 (3) (a) 1. and 5. of the statutes are amended to read:
SB40-SSA1,1419,1514
343.17
(3) (a) 1. The full
legal name, date of birth
, and
principal residence
15address of the person.
SB40-SSA1,1419,1816
5.
A facsimile of the The person's signature
, or a space upon which the licensee
17shall immediately write his or her usual signature with a pen and ink on receipt of
18the license, without which the license is not valid.
SB40-SSA1,1420,222
343.17
(5) No photos on certain temporary licenses. The temporary licenses
23issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b) and 343.305 (8) (a) shall be
24on forms provided by the department and shall contain the information required by
25sub. (3), except the license is not required to include a photograph of the licensee.
1This subsection does not apply to a noncitizen temporary license, as described in s.
2343.03 (3m).
SB40-SSA1,1420,174
343.19
(1) If a license issued under this chapter or an identification card issued
5under s. 343.50 is lost or destroyed or the name or address named in the license or
6identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13.
7no longer applies, the person to whom the license or identification card was issued
8may obtain a duplicate thereof or substitute therefor upon furnishing proof
9satisfactory to the department of
full legal name and date of birth and that the license
10or identification card has been lost or destroyed or that application for a duplicate
11license or identification card is being made for a change of address or name or
12because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If the
13applicant is a male who is at least 18 years of age but less than 26 years of age, the
14application shall include the information required under s. 343.14 (2) (em). If the
15original license or identification card is found it shall immediately be transmitted to
16the department.
Duplicates of nonphoto licenses shall be issued as nonphoto
17licenses.
SB40-SSA1,1421,419
343.20
(1) (a) Except as otherwise expressly provided in this chapter,
20reinstated licenses, probationary licenses issued under s. 343.085 and original
21licenses other than instruction permits shall expire 2 years from the date of the
22applicant's next birthday. Subject to s. 343.125 (3), all other licenses and license
23endorsements shall expire 8 years after the date of issuance. The department may
24institute any system of initial license issuance which it deems advisable for the
25purpose of gaining a uniform rate of renewals. In order to put such a system into
1operation, the department may issue licenses which are valid for any period less than
2the ordinary effective period of such license. If the department issues a license that
3is valid for less than the ordinary effective period as authorized by this paragraph,
4the fees due under s. 343.21 (1)
(a), (b) and (d) shall be prorated accordingly.
SB40-SSA1,1421,137
343.20
(1) (f) The department shall cancel an operator's license
, regardless of
8the license expiration date, if the department
is notified by receives information from 9a local, state, or federal government agency that the
operator is no longer a citizen
10of the United States, a legal permanent resident of the United States, or a conditional
11resident of the United States, or otherwise not legally present in the United States 12licensee no longer satisfies the requirements for issuance of a license under ss. 343.14
13(2) (es) and 343.165 (1) (e).
SB40-SSA1,1421,2316
343.20
(1m) A Notwithstanding sub. (1) (a) and (e), and except as otherwise
17provided in this subsection, a license that is issued to a person who is not a United
18States citizen
or permanent resident and who provides documentary proof of legal
19status as provided under s. 343.14 (2) (er)
2. shall expire on the date that the person's
20legal presence in the United States is no longer authorized
or on the expiration date
21determined under sub. (1), whichever date is earlier. If the documentary proof as
22provided under s. 343.14 (2) (er)
2. does not state the date that the person's legal
23presence in the United States is no longer authorized, sub. (1) shall apply.
SB40-SSA1, s. 3268
24Section
3268
. 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act
25.... (this act), is amended to read:
SB40-SSA1,1422,12
1343.20
(1m) Notwithstanding sub. (1) (a) and (e), and except
as provided in s.
2343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued
3to a person who is not a United States citizen or permanent resident and who
4provides documentary proof of legal status as provided under s. 343.14 (2)
(er) 2. (es)
52., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United
6States is no longer authorized or on the expiration date determined under sub. (1),
7whichever date is earlier. If the documentary proof as provided under s. 343.14 (2)
8(er) 2. (es) does not state the date that the person's legal presence in the United States
9is no longer authorized, sub. (1) shall apply
except that, if the license was issued or
10renewed based upon the person's presenting of any documentary proof specified in
11s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year
12after the date of issuance or renewal.
SB40-SSA1,1422,1914
343.20
(2) (a) The department shall mail to the last-known address of a
15licensee at least 30 days prior to the expiration of the license a notice of the date upon
16which the license must be renewed.
If the license was issued or last renewed based
17upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es)
184. to 7., the notice shall inform the licensee of the requirement under s. 343.165 (4)
19(c).
SB40-SSA1,1422,2321
343.21
(1) (n) In addition to any other fee under this subsection, for the
22issuance, renewal, upgrading, or reinstatement of any license, endorsement, or
23instruction permit, a federal security verification mandate fee of $10.
SB40-SSA1, s. 3272
25Section
3272. 343.22 (2) (intro.) and (a) of the statutes are amended to read:
SB40-SSA1,1423,6
1343.22
(2) (intro.) Whenever any person, after applying for or receiving a
2license
containing a photograph under this chapter, or an identification card under
3s. 343.50, moves from the address named in the application or in the license or
4identification card issued to him or her or is notified by the local authorities or by the
5postal authorities that the address so named has been changed, the person shall,
6within
10 30 days thereafter, do one of the following:
SB40-SSA1,1423,107
(a) Apply for a duplicate license or identification card showing on the
8application the correct
full legal name and address. The licensee or identification
9card holder shall return the current license or identification card to the department
10along with the application for duplicate.
SB40-SSA1,1423,1812
343.22
(2m) Whenever any person, after applying for or receiving a license
13containing a photograph under this chapter, or an identification card under s. 343.50,
14is notified by the local authorities or by the postal authorities that the address named
15in the application or in the license or identification card issued to him or her has been
16changed and the person applies for a duplicate license or identification card under
17sub. (2), no
fee fees shall be charged under s. 343.21 (1) (L)
and (n) or 343.50
(5m) and 18(7) for the duplicate license or identification card.
SB40-SSA1, s. 3274
19Section
3274
. 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act
20.... (this act), is amended to read:
SB40-SSA1,1424,221
343.22
(2m) Whenever any person, after applying for or receiving a license
22containing a photograph under this chapter, or an identification card under s. 343.50,
23is notified by the local authorities or by the postal authorities that the address named
24in the application or in the license or identification card issued to him or her has been
25changed and the person applies for a duplicate license or identification card under
1sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and
2(7) for the duplicate license or identification card.
SB40-SSA1,1424,114
343.22
(3) When the name of a licensee or identification card holder is changed,
5such person shall, within 10 days thereafter, apply for a duplicate license or
6identification card showing the correct name and address. The licensee or
7identification card holder shall return the current license or identification card to the
8department along with the application for a duplicate. If the licensee holds more
9than one type of license under this chapter, the licensee shall return all such licenses
10to the department along with one application and
fee
fees for a duplicate license for
11which the licensee may be issued a duplicate of each such license.
SB40-SSA1, s. 3276
12Section
3276
. 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act ....
13(this act), is amended to read:
SB40-SSA1,1424,2114
343.22
(3) When the name of a licensee or identification card holder is changed,
15such person shall, within
10 30 days thereafter, apply for a duplicate license or
16identification card showing the correct
full legal name and address. The licensee or
17identification card holder shall return the current license or identification card to the
18department along with the application for a duplicate. If the licensee holds more
19than one type of license under this chapter, the licensee shall return all such licenses
20to the department along with one application and fees for a duplicate license for
21which the licensee may be issued a duplicate of each such license.
SB40-SSA1, s. 3277
22Section
3277. 343.23 (2) (a) (intro.) of the statutes is amended to read:
SB40-SSA1,1425,1323
343.23
(2) (a) (intro.) The department shall maintain a file for each licensee or
24other person containing the application for license, permit or endorsement, a record
25of reports or abstract of convictions,
any demerit points assessed under authority of
1s. 343.32 (2), the information in all data fields printed on any license issued to the
2person, any notice received from the federal transportation security administration
3concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3)
4(d) 1m., the status of the person's authorization to operate different vehicle groups,
5a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a
6record of the date on which any background investigation specified in s. 343.12 (6)
7(a) or (d) was completed,
a record of the date on which any verification specified in
8s. 343.165 (1) and (3) was completed, all documents required to be maintained under
9s. 343.165 (2) (a), and a record of any reportable accident in which the person has
10been involved, including specification of any type of license and endorsements issued
11under this chapter under which the person was operating at the time of the accident
12and an indication whether or not the accident occurred in the course of any of the
13following:
SB40-SSA1,1426,1515
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
16the department so that the complete operator's record is available for the use of the
17secretary in determining whether operating privileges of such person shall be
18suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
19of public safety. The record of suspensions, revocations, and convictions that would
20be counted under s. 343.307 (2) shall be maintained permanently, except that the
21department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
22(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
23violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
24time of the violation, if the person does not have a commercial driver license, if the
25violation was not committed by a person operating a commercial motor vehicle, and
1if the person has no other suspension, revocation, or conviction that would be counted
2under s. 343.307 during that 10-year period. The record of convictions for
3disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
4years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
5(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
6record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
7maintained permanently, except that 5 years after a licensee transfers residency to
8another state such record may be transferred to another state of licensure of the
9licensee if that state accepts responsibility for maintaining a permanent record of
10convictions for disqualifying offenses. Such reports and records may be cumulative
11beyond the period for which a license is granted, but the secretary, in exercising the
12power of suspension granted under s. 343.32 (2) may consider only those reports and
13records entered during the 4-year period immediately preceding the exercise of such
14power of suspension.
The department shall maintain the digital images of
15documents specified in s. 343.165 (2) (a) for at least 10 years.
SB40-SSA1,1426,2017
343.23
(5) The department shall maintain the files specified in this section in
18a form that is appropriate to the form of the records constituting those files.
Records
19under sub. (1) and files under sub. (2) shall be maintained in an electronic and
20transferable format accessible for the purpose specified in s. 343.03 (6) (a).
SB40-SSA1,1426,2422
343.235
(3) (a) A law enforcement agency, a state authority
, a district attorney,
23a driver licensing agency of another jurisdiction, or a federal governmental agency
, 24to perform a legally authorized function.
SB40-SSA1,1427,6
1343.237
(2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50
2(4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be
3maintained by the department and, except as provided in this section, shall be kept
4confidential. Except as provided in this section, the department may release a
5photograph or fingerprint only to the person whose photograph or fingerprint was
6taken
or to the driver licensing agency of another jurisdiction.