2009 - 2010 LEGISLATURE
February 20, 2009 - Introduced by Representatives Vruwink, Richards, Shilling,
Roys, Pasch, Schneider, Sinicki, Smith, A. Williams, Berceau, Stone,
Kerkman, Seidel
and Zepnick, cosponsored by Senators Kreitlow, Hansen,
Erpenbach, Lassa, Lehman, Coggs
and Vinehout. Referred to Committee on
Health and Healthcare Reform.
AB76,1,5 1An Act to amend 343.17 (3) (b); and to create 343.177 of the statutes; relating
2to:
requiring the Department of Transportation to establish rules allowing
3living will and health care power of attorney information to be included on
4driver's licenses, providing an exemption from emergency rule procedures, and
5granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, any person at least 18 years of age and of sound mind may
voluntarily execute a declaration to physicians (commonly known as a "living will")
authorizing the withholding or withdrawal of life-sustaining procedures or of
feeding tubes when the person is in a terminal condition or is in a persistent
vegetative state. Also, under current law, any person at least 18 years of age and of
sound mind may voluntarily execute a power of attorney for health care, under
which, if the person is found to be incapacitated, the person's designated agent may
make health care decisions on behalf of the person. The Department of Health
Services (DHS) must prepare and provide copies of living will and health care power
of attorney forms, in quantities, to health care professionals, hospitals, nursing
homes, county clerks, and local bar associations, and individually to private persons.
This bill requires the Department of Transportation (DOT) to establish by rule
a procedure that allows any person who has been issued a regular operator's license
and who has executed a living will or health care power of attorney to write, in a space
provided on the back of the operator's license, the identity of an individual who has

custody of the person's living will or designated as the person's agent under a health
care power of attorney.
The bill also requires DOT to make available on its Internet Web site the living
will and health care power of attorney forms prepared by DHS.
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:
AB76, s. 1 1Section 1. 343.17 (3) (b) of the statutes is amended to read:
AB76,2,92 343.17 (3) (b) The reverse side of the license shall contain an explanation of any
3restriction codes or endorsement abbreviations used on the front of the license, in
4sufficient detail to identify the nature of the restrictions or endorsements to a law
5enforcement officer of this state or another jurisdiction. Except for a commercial
6driver license, a part of the reverse side of each license shall be printed to serve as
7a record of gift under s. 157.06 (2) (t) or a record of refusal under s. 157.06 (2) (u).
8A part of the reverse side of each license shall be printed to allow a licensee to write
9on the license document information authorized by rule under s. 343.177 (1).
AB76, s. 2 10Section 2. 343.177 of the statutes is created to read:
AB76,3,5 11343.177 Living will and health care power of attorney information. (1)
12The department shall, by rule, establish a procedure that allows any person who has
13been issued a regular license, as described in s. 343.03 (3) (a), and who has executed
14a declaration to physicians under ch. 154 or a power of attorney for health care under
15ch. 155 to write, in a space provided on the back of the license document, the identity
16of an individual having custody of the person's declaration to physicians or
17designated as the person's agent under a power of attorney for health care or, as
18applicable, of both such individuals. The rules shall require the licensee, if the
19licensee revokes a declaration to physicians under ch. 154 or a power of attorney for

1health care under ch. 155, or changes the individual previously identified on the
2license document as having custody of the declaration to physicians or designated as
3the licensee's agent under a power of attorney for health care, to promptly cross out
4any inaccurate or outdated information written by the licensee on the license
5document under authority of this subsection.
AB76,3,12 6(2) The department shall make available, at no charge, on a portion of its
7Internet Web site related to driver licensing the declaration to physicians form
8specified in s. 154.03 (2) (intro.) and the power of attorney for health care form
9specified in s. 155.30 (3) (intro.). If these forms are available on the Internet Web site
10of the department of health services, the department of transportation may, in lieu
11of posting the forms on its own Web site, provide a link to the forms on the Web site
12of the department of health services.
AB76, s. 3 13Section 3 . Nonstatutory provisions.
AB76,3,1714 (1) The department of transportation shall submit in proposed form the rules
15required under section 343.177 (1) of the statutes, as created by this act, to the
16legislative council staff under section 227.15 (1) of the statutes no later than the first
17day of the 6th month beginning after the effective date of this subsection.
AB76,4,518 (2) Using the emergency rules procedure under section 227.24 of the statutes,
19the department of transportation shall promulgate the rules required under section
20343.177 (1) of the statutes, as created by this act, for the period before the effective
21date of the rules submitted under subsection (1 ). The department shall promulgate
22these emergency rules no later than the first day of the 6th month beginning after
23the effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2)
24of the statutes, these emergency rules may remain in effect until July 1, 2011, or the
25date on which permanent rules take effect, whichever is sooner. Notwithstanding

1section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide
2evidence that promulgating a rule under this subsection as an emergency rule is
3necessary for the preservation of the public peace, health, safety, or welfare and is
4not required to provide a finding of emergency for a rule promulgated under this
5subsection.
AB76, s. 4 6Section 4. Initial applicability.
AB76,4,87 (1) This act first applies to operator's licenses issued on the effective date of this
8subsection.
AB76, s. 5 9Section 5. Effective dates. This act takes effect on the first day of the 6th
10month beginning after publication, except as follows:
AB76,4,1111 (1) Section 3 (1 ) and (2) of this act takes effect on the day after publication.
AB76,4,1212 (End)
Loading...
Loading...