OC7 SB2: Bill Text

SB2, s. 57 Section 57. 343.06 (1) (j) of the statutes is repealed.

SB2, s. 58 Section 58. 343.06 (1) (L) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB2,67,4 343.06 (1) (L) To any person who does not provide the documentary proof described in s. 343.14 (2) (er) satisfy the requirements under s. 343.165.

SB2, s. 59 Section 59. 343.10 (2) (a) (intro.) of the statutes is amended to read:

SB2,67,8 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

SB2, s. 60 Section 60. 343.10 (6) of the statutes is amended to read:

SB2,67,12 343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department the fees specified in s. 343.21 (1) (k) and (n).

SB2, s. 61 Section 61. 343.10 (7) (b) of the statutes is amended to read:

SB2,67,17 343.10 (7) (b) The Subject to s. 343.165 (5), the department shall issue an occupational license as soon as practicable upon receipt of an application to the department under sub. (1) or an order from a court under sub. (4) or s. 351.07 for such a license, if the department determines that the applicant is eligible under sub. (2).

SB2, s. 62 Section 62. 343.10 (7) (d) of the statutes is amended to read:

SB2,67,23 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a photo license that includes a photograph described in s. 343.14 (3) and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.

SB2, s. 63 Section 63. 343.10 (7) (f) of the statutes is amended to read:

SB2,68,10 343.10 (7) (f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law, or the expiration date determined under s. 343.20 (1m), whichever is earlier. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.

SB2, s. 64 Section 64. 343.135 (1) (a) 3. of the statutes is amended to read:

SB2,68,12 343.135 (1) (a) 3. Pays the all required fee fees.

SB2, s. 65 Section 65. 343.135 (7) of the statutes is amended to read:

SB2,68,18 343.135 (7) Expiration; renewal. A special restricted operator's license issued under this section shall expire 2 years after the date of issuance. Within 90 days prior to the expiration of a license, the holder of the restricted license may renew the license by paying the all required fee fees and passing the examination under sub. (1) (a) 4.

SB2, s. 66 Section 66. 343.14 (1) of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB2,69,2 343.14 (1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by all required fees. Names, addresses, license numbers, and social security numbers obtained by the department under this subsection shall be provided to the department of revenue for the purpose of administering ss. 71.93 and 71.935 and state taxes.

SB2, s. 67 Section 67. 343.14 (2) (a) and (br) of the statutes are amended to read:

SB2,69,5 343.14 (2) (a) The full legal name and principal residence address of the applicant;

SB2,69,15 (br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of workforce development. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB2, s. 68 Section 68. 343.14 (2) (er) 1. and 2. of the statutes, as created by 2005 Wisconsin Act 126, are consolidated, renumbered 343.14 (2) (es) (intro.) and amended to read:

SB2,69,25 343.14 (2) (es) (intro.) Documentary Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), valid documentary proof that the individual is a citizen or national of the United States or documentary proof that the individual is legally present an alien lawfully admitted for permanent or temporary residence in the United States. 2. If the individual is not a citizen of the United States, he or she shall provide documentary proof of his or her status as a legal permanent resident or conditional resident, a or has any of the following:

SB2,70,2 2. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, a pending or.

SB2,70,4 3. An approved application for asylum in the United States, valid entry or has entered into the United States in refugee status, a .

SB2,70,6 5. A pending or approved application for temporary protected status in the United States, approved.

SB2,70,7 6. Approved deferred action status, or a .

SB2,70,10 7. A pending application for adjustment of status to legal that of an alien lawfully admitted for permanent resident status residence in the United States or conditional permanent resident status in the United States.

SB2, s. 69 Section 69. 343.14 (2) (es) 1. and 4. of the statutes are created to read:

SB2,70,12 343.14 (2) (es) 1. Conditional permanent resident status in the United States.

SB2,70,13 4. A pending application for asylum in the United States.

SB2, s. 70 Section 70. 343.14 (2) (f) of the statutes is amended to read:

SB2,70,18 343.14 (2) (f) Such Subject to s. 343.165 (1), such further information as the department considers appropriate to identify the applicant, including biometric data, and such information as the department may reasonably require to enable it to determine whether the applicant is by law entitled to the license applied for;

SB2, s. 71 Section 71 . 343.14 (2j) of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB2,71,2 343.14 (2j) Except 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.

SB2, s. 72 Section 72. 343.14 (2r) of the statutes is created to read:

SB2,71,8 343.14 (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.

SB2, s. 73 Section 73. 343.14 (3) of the statutes is amended to read:

SB2,71,19 343.14 (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.

SB2, s. 74 Section 74. 343.14 (4m) of the statutes is amended to read:

SB2,71,25 343.14 (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.

SB2, s. 75 Section 75. 343.16 (3) (a) of the statutes is amended to read:

SB2,72,17 343.16 (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.

SB2, s. 76 Section 76. 343.165 of the statutes is created to read:

SB2,72,24 343.165 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:

SB2,73,2 (a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

SB2,73,4 (b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a).

SB2,73,7 (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.

SB2,73,9 (d) Documentation showing the applicant's name and address of principal residence.

SB2,73,11 (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).

SB2,73,17 (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).

SB2,73,20 (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.

SB2,73,24 (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).

SB2,74,2 (b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1).

SB2,74,8 (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.

SB2,74,14 (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).

SB2,74,18 (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.

SB2,74,24 (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.

SB2,75,8 (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.

SB2,75,14 (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.

SB2,75,16 (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).

SB2, s. 77 Section 77. 343.17 (1) of the statutes is amended to read:

SB2,75,20 343.17 (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.

SB2, s. 78 Section 78. 343.17 (2) of the statutes is amended to read:

SB2,76,2 343.17 (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.

SB2, s. 79 Section 79. 343.17 (3) (a) 1. and 5. of the statutes are amended to read:

SB2,76,5 343.17 (3) (a) 1. The full legal name, date of birth, and principal residence address of the person.

SB2,76,8 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.

SB2, s. 80 Section 80. 343.17 (3) (a) 14. of the statutes, as created by 2005 Wisconsin Act 126, is repealed.

SB2, s. 81 Section 81. 343.17 (5) of the statutes is amended to read:

SB2,76,17 343.17 (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).

SB2, s. 82 Section 82. 343.19 (1) of the statutes is amended to read:

SB2,77,7 343.19 (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.

SB2, s. 83 Section 83. 343.20 (1) (a) of the statutes is amended to read:

SB2,77,19 343.20 (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.

SB2, s. 84 Section 84. 343.20 (1) (f) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB2,78,3 343.20 (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).

SB2, s. 85 Section 85. 343.20 (1m) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB2,78,13 343.20 (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.

SB2, s. 86 Section 86 . 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB2,79,2 343.20 (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.

SB2, s. 87 Section 87. 343.20 (2) (a) of the statutes is amended to read:

SB2,79,9 343.20 (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).

SB2, s. 88 Section 88. 343.21 (1) (n) of the statutes is created to read:

SB2,79,13 343.21 (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.

SB2, s. 89 Section 89. 343.22 (1) of the statutes is repealed.

SB2, s. 90 Section 90. 343.22 (2) (intro.) and (a) of the statutes are amended to read:

SB2,79,21 343.22 (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: