SECTION 27. 343.17 (5) of the statutes is amended to read:
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).
SECTION 28. 343.19 (1) of the statutes is amended to read:
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.
SECTION 29. 343.20 (1) (a) of the statutes is amended to read:
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.
SECTION 30. 343.20 (1) (f) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:
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).
SECTION 31. 343.20 (1m) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:
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.
SECTION 32. 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
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.
SECTION 33. 343.20 (2) (a) of the statutes is amended to read:
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).
SECTION 34. 343.22 (1) of the statutes is repealed.
SECTION 35. 343.22 (2) (intro.) and (a) of the statutes are amended to read:
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:
(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.
SECTION 36. 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
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.
****NOTE: This is reconciled s. 343.22 (2m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 37. 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
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.
****NOTE: This is reconciled s. 343.22 (2m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 38. 343.23 (2) (a) (intro.) of the statutes is amended to read:
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:
SECTION 39. 343.23 (2) (b) of the statutes is amended to read:
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.
SECTION 40. 343.23 (5) of the statutes is amended to read:
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).
SECTION 41. 343.26 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
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.
****NOTE: This is reconciled s. 343.26. This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 42. 343.43 (1) (g) of the statutes is amended to read:
343.43 (1) (g) Deface or alter a license except to endorse a change of address authorized by s. 343.22 (1) or (2).
SECTION 43. 343.50 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 343.50 (1) (a) and amended to read:
343.50 (1) (a) The Subject to par. (b) and s. 343.165, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
****NOTE: This is reconciled s. 343.50 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 44. 343.50 (1) (b) and (c) of the statutes are created to read:
343.50 (1) (b) The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.
(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 30 days.
SECTION 45. 343.50 (2) of the statutes is amended to read:
343.50 (2) WHO MAY APPLY. Any resident of this state who does not possess a valid operator's license which contains the resident's photograph issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
SECTION 46. 343.50 (3) of the statutes is amended to read:
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). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. 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, shall be of the design specified under s. 343.17 (3) (a) 12.
SECTION 47. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act 126, is amended to read:
343.50 (4) APPLICATION. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (er) (es), and 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. The Except with respect to renewals described in s. 343.165 (4) (d), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with sub. (3). No Except with respect to renewals described in s. 343.165 (4) (d), no application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).
SECTION 48. 343.50 (5) of the statutes, as affected by 2005 Wisconsin Act 126 and 2007 Wisconsin Act .... (this act), is renumbered 343.50 (5) (a) and amended to read:
343.50 (5) (a) The fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18. The
(b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, except that a , and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
(c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) (es) 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 par. (b), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) (es) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance specified in par. (b) except that, if the card 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 card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
****NOTE: This is reconciled s. 343.50 (5). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 49. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
343.50 (6) RENEWAL NOTICE. At least 30 days prior to the expiration of the an identification card, the department shall mail a renewal application to the last-known address of each identification the card holder. If the card 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 card holder of the requirement under s. 343.165 (4) (c). 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 $18, which card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years.
****NOTE: This is reconciled s. 343.50 (6). This SECTION has been affected by drafts with the following LRB numbers: LRB-0003 and LRB-0973.
SECTION 50. 343.50 (8) of the statutes is amended to read:
343.50 (8) RECORDS AND OTHER INFORMATION. (a) The department shall maintain current records of all identification card holders under this section in the same manner as required under s. 343.23 for operator's licenses. For each identification card applicant, the record shall include any application for an identification card received by the department, any reinstatement or cancellation of an identification card by the department, the information in all data fields printed on any identification card issued to the applicant, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, and all documents required to be maintained under s. 343.165 (2) (a). The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years. Records under this paragraph shall be maintained in an electronic and transferable format accessible for the purpose specified in par. (c) 1.
(b) The department may 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. Except for photographs disclosed to a law enforcement agency under s. 343.237, 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 prohibit disclosure under par. (c) or the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).
SECTION 51. 343.50 (8) (c) of the statutes is created to read:
343.50 (8) (c) 1. Notwithstanding par. (b) and ss. 343.027, 343.14 (2j), and 343.237 (2), the department shall, upon request, provide to the driver licensing agencies of other jurisdictions any record maintained by the department of transportation under this subsection, including providing electronic access to any such record.
2. Notwithstanding par. (b) and s. 343.14 (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 s. 343.14 (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.
SECTION 52. 343.50 (10) (intro.) and (a) of the statutes are amended to read:
343.50 (10) CANCELLATION. (intro.) The department shall cancel an identification card under any of the following circumstances:
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter; or.
SECTION 53. 343.50 (10) (c) of the statutes is created to read:
343.50 (10) (c) Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under ss. 343.14 (2) (es) and 343.165 (1) (e). A card cancelled under this paragraph may not be reinstated under sub. (5) until these requirements are again satisfied.
SECTION 9348. Initial applicability; Transportation.
(1) DMV BACKGROUND INVESTIGATIONS.
(a) The treatment of section 110.09 (1) (a) of the statutes first applies to persons selected to fill positions on the effective date of this paragraph.
(b) The treatment of section 110.09 (2) of the statutes first applies to persons requesting access to information systems on the effective date of this paragraph.
SECTION 9448. Effective dates; Transportation.
(1) LICENSE AND IDENTIFICATION CARD ISSUANCE. The treatment of sections 343.01 (2) (d), 343.03 (3) (intro.), (3m), and (6) (a), 343.06 (1) (j) and (L), 343.10 (2) (a) (intro.) and (7) (b) and (d), 343.14 (2) (a), (br), (es) 1. and 4., and (f), (2j) (a) (by SECTION 16) and (b) (by SECTION 17), (2r), (3), and (4m), 343.16 (3) (a), 343.165, 343.17 (1), (2), (3) (a) 1. and 5., and (5), 343.19 (1), 343.20 (1) (a) and (f), (1m) (by SECTION 32), and (2) (a), 343.22 (1), (2) (intro.) and (a), (2m) (by SECTION 36), and (3) (by SECTION 37), 343.23 (2) (a) (intro.) and (b) and (5), 343.26 (by SECTION 41), 343.43 (1) (g), 343.50 (2), (3), (4), (6) (by SECTION 49), and (10) (intro.), (a), and (c) of the statutes, the renumbering and amendment of section 343.50 (1) (by SECTION 43) and (5) (by SECTION 48) of the statutes, the consolidation, renumbering, and amendment of section 343.14 (2) (er) 1. and 2. of the statutes, the amendment of section 343.50 (8) of the statutes, and the creation of section 343.50 (1) (b) and (c) and (8) (c) of the statutes take effect on May 11, 2008.
(2) DMV BACKGROUND INVESTIGATIONS.
(a) The treatment of section 110.09 (2) of the statutes and SECTION 9348 (1) (b) of this act take effect on the first day of the 4th month beginning after publication.
(b) The treatment of section 110.09 (1) of the statutes and SECTION 9348 (1) (a) of this act take effect on January 1, 2008.
(End)
LRB-0004LRB-0004/1
BAB:kjf:rsjf
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0189 - Safe routes to school program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: creating a safe routes to school program and making appropriations.
Analysis by the Legislative Reference Bureau
Transportation
Transportation aids
This bill creates a safe routes to school program to promote children walking or riding bicycles to school and to increase the safety and reduce traffic in the vicinity of schools. This program must be consistent with the federal Safe Routes to School Program and incorporates regulations under that federal law. The program this bill creates is funded exclusively from federal and local moneys.
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:
SECTION 1. 20.395 (2) (qv) of the statutes is created to read:
20.395 (2) (qv) Safe routes to school, local funds. All moneys received from any local unit of government for the safe routes to school program under s. 85.029, for such purpose.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.395 (2) (qx) of the statutes is created to read:
20.395 (2) (qx) Safe routes to school, federal funds. All moneys received from the federal government for the safe routes to school program under s. 85.029, for such purpose.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 85.029 of the statutes is created to read:
85.029 Safe routes to school program. (1) In this section:
(a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).
(b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).
