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).
(c) "State agency" has the meaning given in s. 20.001 (1).
(d) "Indian tribe" has the meaning given in s. 139.30 (5).
(2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).
(3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).
(4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).
(5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.
(6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).
(End)
LRB-0005LRB-0005/2
ARG:jld:nwn
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0192 - single state motor carrier registration; unified carrier registration act
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: registration requirements for motor carriers and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, DOT administers, in a manner provided under federal law, a single-state insurance registration system for common motor carriers and contract motor carriers allowing these motor carriers with interstate operations to register in, and pay applicable fees to, a single state with regard to proof of satisfaction of motor carrier insurance requirements. The registration is valid in all participating states. Each state sets its own fee and the base state sends each participating state the proper amount of revenue reflecting vehicles that travel into the participating state. The annual fee in Wisconsin for this registration is $5.
Under federal law, the single-state insurance registration system is scheduled to be repealed effective January 1, 2007, and replaced by a unified carrier registration system. As with the single-state insurance registration system, the unified carrier registration system allows common motor carriers and contract motor carriers with interstate operations to register in, and pay applicable fees to, a single state. Unlike the single-state insurance registration system, the unified carrier registration system applies to private motor carriers as well as common motor carriers and contract motor carriers, including brokers, freight forwarders, leasing companies, and exempt for-hire motor carriers. Under the unified carrier registration system, the federal secretary of transportation, upon receiving a recommendation from the unified carrier registration plan board of directors, sets registration fees applicable to participating states.
This bill authorizes DOT to participate in the unified carrier registration system and to impose registration fees on motor carriers, including private motor carriers, brokers, freight forwarders, leasing companies, and exempt for-hire motor carriers. These fees are established by DOT rule, consistent with federal law. The bill also allows DOT to continue to participate in the single-state insurance registration system for as long as this system continues to be authorized under federal law, but prohibits DOT from simultaneously participating in both the single-state insurance registration system and the unified carrier registration system.
For further information see the state 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. 194.23 (1) of the statutes is amended to read:
194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.
SECTION 2. 194.34 (1) of the statutes is amended to read:
194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.
SECTION 3. 194.407 of the statutes is created to read:
194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.
(2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.
SECTION 4. 194.41 (1) of the statutes is amended to read:
