SB40: Bill Text

Under this bill, DOT may not, after May 10, 2008, issue or renew an operator's license or identification card unless the applicant presents, and DOT verifies, all of the following information:

1. An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

2. Documentation showing the applicant's date of birth.

3. Proof of the applicant's social security number or verification that the applicant is not eligible for a social security number.

4. Documentation showing the applicant's name and address of principal residence.

5. Valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States.

In processing the application for an operator's license or identification card, DOT must capture and retain for at least ten years a digital image of each document presented. DOT must ver ify each document presented in the manner and to the extent required under federal law. DOT must record in the applicant's file or record the date on which verification is completed.

This bill creates a $10 federal security verification mandate fee that must be paid to DOT for the issuance, renewal, upgrading, or reinstatement of any operator's license, endorsement, instruction permit, or identification card.

For certain noncitizen applicants who present specified forms of status or authorization of legal presence in the United States, the bill requires DOT to issue operator's licenses or identification cards displaying a legend identifying the license as temporary. Such a license or identification card may not be renewed unless the applicant presents valid documentary proof that DHS extended the status by which the applicant qualified for the license or identification card. Under current law, an operator's license or identification card issued to a noncitizen generally expires on the date the person's legal presence in the United States is no longer authorized. Under the bill, under certain circumstances, a temporary operator's license or identification card issued to a noncitizen expires one year after issuance.

The bill specifies that every operator's license and identification card must include a digital color photograph of the applicant and that an applicant who does not provide a social security number must provide the basis for his or her ineligibility for a social security number.

Under current law, upon request, DOT must provide to the commercial driver license information system and the driver licensing agencies of other states any applicant or driver record information maintained by DOT. This bill specifies that upon request, DOT must provide to any driver licensing agency of another state electronic access to any record or file of an operator's license or identification card applicant, including any photograph, signature, or social security number appearing in such a record or file. Also, DOT may provide to DHFS certain applicant information for the sole purpose of verification by DHFS of birth certificate information.

The bill requires DOT to record in each licensee's operating record, and in each identification card holder's record, the information in all data fields printed on the person's license or card.

The bill requires DOT to implement certain security procedures with regard to the issuance of operator's licenses and identification cards. The bill provides for DOT to perform background investigations on employees or new hirees in its Division of Motor Vehicles (DMV). Before allowing a person to access an information system maintained by DMV, DOT must require the person's employer to conduct a background investigation. DOT may use the results of the investigation to deny or restrict access to DMV information.

Under current law, to renew most operator's licenses, DOT must administer an examination of the applicant's eyesight and provide for giving eyesight examinations at examining stations in each county. The applicant generally must appear at the examining station nearest his or her residence. Under this bill, DOT eyesight examinations at examining stations are not required to be provided in each county, and the applicant need not appear at the examining station nearest his or her residence.

The bill extends the valid period for an identification card from four years to eight years.

This bill increases the annual fee for registering an automobile from $55 to $75 and increases the annual fee for registering a motor truck or dual purpose motor home that weighs not more than 4,500 pounds from $48.50 to $75, for a vehicle that weighs not more than 6,000 pounds from $61.50 to $84, and for a vehicle that weighs not more than 8,000 pounds from $77.50 to $106.

This bill requires DOT to enter into the national Driver License Agreement (DLA) that establishes standards for the treatment and exchange of driver licensing and conviction information and other data pertinent to the licensing process. The DLA requires participating states to recognize certain kinds of violations relating mostly to operating motor vehicles and the administrative actions taken in response to those violations, such as suspension or revocation of a person's operating privilege (DLA Code violations). Under the DLA, when a person who is licensed in one state that is a party to the DLA commits a DLA Code violation in another party state, the licensing state takes administrative action in response to the violation, based on information provided by the state in which the violation occurred. Administrative action by a party state is recognized by all other party states. The DLA also generally provides that records concerning a licensed driver are maintained only by the licensing state.

This bill requires DOT to identify by rule the violations and administrative actions under this state's laws that the DLA requires to be recognized as DLA Code violations and that describe the equivalent violations and administrative actions under the laws of other member states that DOT must recognize as DLA Code violations when the offense is not committed in this state.

Current law allows or requires DOT or a court, in a variety of circumstances, to suspend or revoke the operating privilege of any person, whether a resident or nonresident, who commits specified offenses in this state. In addition, in a variety of circumstances, current law allows or requires DOT to suspend or revoke the operating privilege of a resident for committing specified offenses in other jurisdictions and allows or requires DOT or a court to treat convictions in other jurisdictions as prior offenses. DOT may or must suspend or revoke the operating privilege of a nonresident, except with respect to a commercial driver license (CDL), upon receiving notice of a conviction for certain offenses in another jurisdiction.

To correspond to the state's joinder of the DLA, this bill substantially modifies the procedure for DOT's administrative suspensions and revocations of motor vehicle operating privileges. Under the bill, DOT may generally suspend or revoke the operating privilege only of persons who hold an operator's license issued by DOT or who are residents of this state and do not hold an operator's license issued by another jurisdiction (Wisconsin licensees or residents). A nonresident who commits a violation in this state is generally subject to the penalty provided for the violation except that, in lieu of suspension or revocation of the nonresident's operating privilege in this state, notice is provided to the person's state of licensure or residency. However, if the nonresident's state of licensure or residency is not a DLA state, or if the offense is not a DLA code violation, DOT may suspend or revoke the nonresident's operating privilege. The bill also allows certain offenses committed in other jurisdictions that, if committed in this state, would have been violations in this state to be grounds for suspension or revocation by DOT and to be counted as prior violations for purposes of court-ordered suspensions or revocations.

Under the bill, although a nonresident is technically disqualified as a matter of law from operating a commercial motor vehicle (CMV) upon conviction of specified offenses related to a CMV or CDL, the nonresident is not ordered administratively disqualified by DOT, and DOT does not record the disqualification of the nonresident in DOT's driver records unless required to do so by federal law. If DOT receives a record of conviction of a nonresident for an offense not required by federal law to be recorded in DOT's records, DOT must provide notice of the conviction and disqualification as a matter of law to the person's jurisdiction of licensure or residency. The bill also adds certain convictions in other jurisdictions that may result in disqualification. The bill allows certain offenses committed in other jurisdictions to be grounds for disqualification if they would have been violations in this state had they been committed in this state.

This bill also modifies, to correspond to the state's joinder of the DLA, DOT's procedures for maintaining driver records. Under the bill, in most circumstances, DOT must maintain a driver record only for persons who are Wisconsin licensees or residents. For such persons, DOT must maintain in the driver record any notice received from another jurisdiction of the revocation, suspension, or cancellation of the person's operating privilege in that jurisdiction. Rather than maintain a driver record for nonresidents, DOT must forward any record of conviction (as required under current law) or notice of any administrative action, including suspension or revocation of an operating privilege or disqualification by DOT, or of any test results, out-of-service order, or DOT hearing results related to driving or operating a motor vehicle while under the influence of an intoxicant, to the nonresident's state of licensure or residency.

Upon receiving notice that a Wisconsin licensee or resident has applied for an operator's license or transferred residency to another jurisdiction, DOT must transfer the person's driver record information to the other jurisdiction if the jurisdiction is a member of the DLA or if the jurisdiction accepts responsibility for maintaining the person's driver record. With two exceptions, DOT may not thereafter update the person's driver record unless required by federal law. If a person licensed in another jurisdiction applies for an operator's license in this state, DOT must request that the person's driver record be transferred from the other jurisdiction.

This bill also alters certain requirements related to issuance of an operator's license to a person moving to this state from another state.

This bill eliminates the requirements that DOT establish new designs for vehicle registration plates and reissue registration plates on an established schedule.

Under current law, DOT administers, in a manner provided under federal law, a single-state insurance registration system for for-hire motor carriers allowing interstate carriers to register in, and pay applicable fees to, a single state with regard to proof of motor carrier insurance requirements. Under federal law, the single-state insurance registration system is scheduled to be repealed and replaced by a unified carrier registration system.

This bill authorizes DOT to participate in the new unified carrier registration system and to impose registration fees on all motor carriers, including private motor carriers.

Current law requires DOT to conduct a motor vehicle emission inspection and maintenance program (I/M program) in counties where air quality does not meet certain federal standards. Under the I/M program, most motor vehicles that are subject to emission limitations established by DNR must pass periodic emission inspections and may not be registered by DOT unless they have passed these inspections. Certain motor vehicles are exempt from emission inspections. DOT is required to contract with third parties to perform vehicle emission inspections under the I/M program.

This bill exempts from emission inspections vehicles of model year 1967 to model year 1995, vehicles of model year 2007 or later that weigh between 10,001 pounds and 14,000 pounds, and vehicles of model year 2007 or later that are powered by diesel fuel. The bill also allows DOT to authorize or require third-party contractors to install and operate self-service inspection stations, at which the contractor may use different methods for emissions testing and equipment inspection than those used at inspection stations that are not self-service. The bill allows DOT to establish additional methods for emissions inspections.

Current law requires an environmental impact fee of $9 when a person registers a new motor vehicle or applies for a new certificate of title after transferring a vehicle. The environmental impact fee is credited to the environmental fund, and expires on December 31, 2007. This bill eliminates the expiration date.

Under current law, a person convicted of certain violations relating to operating a vehicle while intoxicated must pay a driver improvement surcharge of $355 in addition to any applicable forfeiture or fine, assessments, and costs. However, the surcharge does not apply to a person who commits a first violation of operating a vehicle with a prohibited blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation.

This bill removes the exemption for first time offenders.

Transportation aids

Under current law, DOT makes general transportation aids payments to a county based on a share-of-costs formula, and to a village, city, or town (municipality) based on the greater of a share-of-costs formula for municipalities or an aid rate per mile, which is $1,862 for 2006 and $1,899 for 2007 and thereafter. This bill increases the aid rate per mile to $1,937 for 2008 and $1,976 for 2009 and thereafter.

This bill increases the maximum amount of general transportation aids that may be paid to counties from $93,682,400 in 2007 to $95,556,000 in 2008 and $97,467,100 in 2009 and thereafter. The bill also increases the maximum amount of aid that may be paid to municipalities from $294,736,000 in 2007 to $300,630,700 in 2008 and $306,643,300 in 2009 and thereafter.

Under current law, DOT provides state aid to local public bodies in urban areas served by mass transit systems to assist with the expenses of operating those systems. This bill increases the total amount of state aid for mass transit systems.

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. The program must be consistent with the federal Safe Routes to School Program and incorporate regulations under that federal law.

Under current law, DOT administers a Local Roads Improvement Program, which includes an entitlement component and a nonentitlement component. This bill increases DOT's allocations for the nonentitlement component. The bill also requires DOT to award a grant of $60,000 from nonentitlement moneys.

Rail and air transportation

Under current law, DOT administers a Rail Passenger Route Development Program to, in part, fund capital costs related to Amtrak service extension routes or other rail service routes between Milwaukee and Madison and between Milwaukee and Green Bay. This bill expands the program to include routes between Chicago and Milwaukee and between Madison and La Crosse. The bill also increases general obligation bonding authority for the program from $50,000,000 to $82,000,000.

Under current law, DOT may contract up to $44,500,000 in public debt for the acquisition and improvement of rail property. This bill increases the limit to $66,500,000.

Other transportation

Under current law, DOT collects a supplemental vehicle title fee of $7.50, which is deposited into the transportation fund. An amount equal to the amount of the supplemental fees collected is transferred from the general fund to the environmental fund each year. This bill increases the supplemental vehicle title fee from $7.50 to $9.50 and transfers the fees collected from the transportation fund to the environmental fund.

The law governing repair, replacement, and refund under a motor vehicle warranty is known as the "lemon law." This bill creates a four-year statute of limitations for vehicle manufacturers to request a refund of sales tax on vehicles returned to them under the lemon law. The bill also creates a four-year statute of limitations for vehicle lessors or purchasers to request a sales tax refund from DOR when they have obtained from the manufacturer, under the lemon law, a refund of the purchase price but not the sales tax paid on the vehicle. The bill provides that vehicle manufacturers, lessors, and purchasers receive 9 percent interest on the sales tax refunded to them.

Under current law, DOT may contract up to $40,700,000 in public debt to provide grants for harbor improvements. This bill increases the limit to $53,400,000.

Veterans and military affairs

This bill allows DVA to transfer up to $7,000,000 during the 2007-09 fiscal biennium from the DVA appropriation for institutional operations to the veterans trust fund if there is money in that appropriation in excess of the amount needed to care for members of the veterans homes.

Under current law, to be eligible for burial at one of the state veteran's cemeteries, a veteran must meet certain conditions, including having been discharged or released from active duty in the U.S. armed forces under honorable conditions. This bill changes the conditions of discharge or release to being discharged under conditions other than dishonorable. An honorable discharge is given to a person who has served without any misconduct. A person may receive a discharge under conditions other than dishonorable if he or she engaged in misconduct that was not serious enough to warrant a dishonorable discharge.

This bill allows DVA to provide an annual payment of $25,000 for two years to the Center for Veteran Issues to provide outreach services to homeless veterans.

This bill increases the authorized bonding authority of DVA to make mortgage loans from $2,120,840,000 to $2,170,840,000.

Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB40, s. 1 Section 1. 6.47 (1) (ag) of the statutes is amended to read:

SB40,62,5 6.47 (1) (ag) "Domestic abuse victim service provider" means an organization that is certified by the department of health and family services children and families as eligible to receive grants under s. 46.95 49.165 (2) and whose name is included on the list provided by the board under s. 7.08 (10).

SB40, s. 2 Section 2. 7.08 (10) of the statutes is amended to read:

SB40,62,10 7.08 (10) Domestic abuse and sexual assault service providers. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 46.95 49.165 (4) or 165.93 (4) to provide services to victims of domestic abuse or sexual assault.

SB40, s. 3 Section 3. 7.33 (4) of the statutes is amended to read:

SB40,63,5 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official under s. 7.30 without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 4 Section 4. 13.101 (6) (a) of the statutes is amended to read:

SB40,63,25 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr) (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB40, s. 5 Section 5 . 13.101 (6) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,64,21 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB40, s. 6 Section 6. 13.111 (2) of the statutes is amended to read:

SB40,64,25 13.111 (2) Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. subchs. V and VI of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).

SB40, s. 7 Section 7. 13.172 (1) of the statutes is amended to read:

SB40,65,7 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234, or 238.

SB40, s. 8 Section 8. 13.48 (13) (a) of the statutes is amended to read:

SB40,65,20 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Healthy Wisconsin Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB40, s. 9 Section 9. 13.48 (14) (a) of the statutes is amended to read:

SB40,66,2 13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that during the period prior to July 1, 2007, and the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2009, the term does not include the Board of Regents of the University of Wisconsin System.

SB40, s. 10 Section 10. 13.62 (2) of the statutes is amended to read:

SB40,66,8 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237, or 238, except that the term does not include a council or committee of the legislature.

SB40, s. 11 Section 11. 13.63 (1) (am) of the statutes is amended to read:

SB40,66,16 13.63 (1) (am) If an individual who applies for a license under this section does not have a social security number, the individual, as a condition of obtaining that license, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40, s. 12 Section 12. 13.63 (1) (b) of the statutes is amended to read:

SB40,67,9 13.63 (1) (b) Except as provided under par. (am), the board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.

SB40, s. 13 Section 13. 13.64 (2) of the statutes is amended to read:

SB40,68,4 13.64 (2) The registration shall expire on December 31 of each even-numbered year. Except as provided in sub. (2m), the board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

SB40, s. 14 Section 14. 13.64 (2m) of the statutes is amended to read:

SB40,68,12 13.64 (2m) If an individual who applies for registration under this section does not have a social security number, the individual, as a condition of obtaining registration, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration accepted in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 15 Section 15. 13.83 (3) (f) (intro.) of the statutes is amended to read:

SB40,68,15 13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 7 8 members representing the following:

SB40, s. 16 Section 16. 13.83 (3) (f) 2m. of the statutes is created to read:

SB40,68,17 13.83 (3) (f) 2m. The department of children and families.

SB40, s. 17 Section 17. 13.83 (4) (a) 9. of the statutes is repealed.

SB40, s. 18 Section 18. 13.94 (4) (a) 1. of the statutes is amended to read: