AB777: Bill Text

AB777, s. 3 Section 3. 343.07 (1j) of the statutes is created to read:

AB777,4,19 343.07 (1j) Permit for driver card applicants. Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain a driver card under s. 343.09 and has passed such knowledge test as the department may require, the department may issue a driver card instruction permit. The permit entitles the permittee to operate a "Class D" vehicle upon the highways. A permittee under this subsection is subject to all of the restrictions specified in sub. (1g) (a) to (e), except that, with respect to sub. (1g) (a) (intro.), a permittee under this subsection may be accompanied by a person who holds a driver card issued under s. 343.09 or by a person who holds a valid regular license. An applicant under this subsection is subject to all applicable fees specified in s. 343.21 (1). A driver card instruction permit shall satisfy all requirements for driver cards specified in s. 343.09 (2) and any provision specified in s. 343.09 (6) shall not apply with respect to a driver card instruction permit.

AB777, s. 4 Section 4. 343.07 (7) (a) and (b) of the statutes are amended to read:

AB777,4,24 343.07 (7) (a) Notwithstanding s. 343.43 (1) (d) and (3m), any person who violates sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2. shall be required to forfeit $50 for the first offense and not less than $50 nor more than $100 for each subsequent offense.

AB777,5,3 (b) Upon receiving notice of a person's conviction for a violation of sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2., the department shall notify any adult sponsor who has signed for the person under s. 343.15 (1) of the conviction.

AB777, s. 5 Section 5. 343.09 of the statutes is created to read:

AB777,5,7 343.09 Driver cards. (1) Except as provided in s. 343.06 (1) (a) to (k) and (m), the department shall issue a driver card to any applicant who meets all of the following requirements:

AB777,5,11 (a) The applicant is at least 18 years of age, unless the applicant has held an instruction permit issued under s. 343.07 (1j) for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation resulting in a conviction.

AB777,5,13 (b) The applicant meets all requirements under s. 343.16 (1) (a) for issuance of an operator's license authorizing operation of "Class D" vehicles.

AB777,5,14 (c) The applicant provides proof of identity.

AB777,5,16 (d) The applicant provides proof that he or she has been a resident for at least 6 months.

AB777,5,18 (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er).

AB777,5,20 (f) The applicant provides a valid individual taxpayer identification number issued by the federal Internal Revenue Service.

AB777,5,21 (g) The applicant is not eligible to receive a social security number.

AB777,5,22 (h) The applicant has paid all applicable fees.

AB777,6,4 (2) Driver cards shall clearly state on their face in bold lettering, and shall also be encoded in the cards' machine readable zone, that they may not be accepted by any federal agency for federal identification or any other official purpose. Driver cards shall have a unique design or color indicator that clearly distinguishes them from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that they may not be accepted for federal identification or any other official purpose.

AB777,6,7 (3) A driver card issued under this section authorizes the operation of only "Class D" vehicles and may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2).

AB777,6,14 (4) Notwithstanding s. 343.20 (1) (a), a driver card issued under this section shall expire 2 years from the date of the applicant's last birthday and, upon renewal, shall expire 2 years from the driver card's last expiration date. Notwithstanding the 8-year period specified in ss. 343.14 (3) and 343.16 (3) (a), a driver card may not be renewed unless the applicant, every 2 years, passes the eyesight examination specified in s. 343.16 (3) (a) and has his or her photograph taken as provided in s. 343.14 (3).

AB777,6,16 (5) An applicant under this section is subject to the full applicable fees specified in s. 343.21 (1), without proration based upon the valid period of the driver card.

AB777,6,21 (6) Sections 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er), 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB777,7,2 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a).

AB777, s. 6 Section 6. 343.09 (1) (e), (6) and (7) of the statutes, as created by 2009 Wisconsin Act .... (this act), are amended to read:

AB777,7,7 343.09 (1) (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er) (es) or otherwise satisfy the requirements under s. 343.165.

AB777,7,12 (6) Sections 343.03 (3m), 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er) (es), 343.165, 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB777,7,20 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a). The department may not promulgate any rule that has the effect of imposing document storage and verification requirements similar to those under s. 343.165 in connection with the issuance of driver cards or driver card instruction permits.

AB777, s. 7 Section 7. 343.17 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB777,7,25 343.17 (1) License issuance. Subject to s. ss. 343.09 and 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.

AB777, s. 8 Section 8. 343.17 (3) (a) 14. of the statutes is created to read:

AB777,8,3 343.17 (3) (a) 14. For a driver card issued under s. 343.09, the information specified in s. 343.09 (2).

AB777, s. 9 Section 9. 343.19 (1) of the statutes is amended to read:

AB777,8,18 343.19 (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 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 Except with respect to a driver card or driver card instruction permit, 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.

AB777, s. 10 Section 10. 343.19 (1) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB777,9,8 343.19 (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. Except with respect to a driver card or driver card instruction permit, 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.

AB777, s. 11 Section 11. 349.02 (4) of the statutes is created to read:

AB777,9,14 349.02 (4) No law enforcement officer, state agent, or local authority may use a driver card issued under s. 343.09 or driver card instruction permit issued under s. 343.07 (1j) as a basis to inquire about the immigration status of an individual who lawfully presents the driver card or driver card instruction permit for its intended purpose.

AB777, s. 12 Section 12. 632.35 of the statutes is amended to read:

AB777,9,21 632.35 Prohibited rejection, cancellation, and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation, or issuance to the person of a driver card under s. 343.09 or a driver card instruction permit under s. 343.07 (1j).

AB777, s. 13 Section 13 . Nonstatutory provisions.

AB777,9,25 (1) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (5) (cq) of the statutes as though the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 2010-11 fiscal year was $669,800 less than the total amount that was actually appropriated under section 20.395 (5) (cq) for the 2010-11 fiscal year.

AB777, s. 14 Section 14 . Fiscal changes.

AB777,10,19 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (cq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $602,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to increase the authorized FTE positions for the department by 8.5 SEG positions and by 14.6 SEG project positions and to provide funding to prepare for implementation of a system for the issuance of driver cards and driver card instruction permits. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (cq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $1,782,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide continued funding for the positions authorized under this subsection and for the implementation and administration of a system for the issuance of driver cards and driver card instruction permits.

AB777, s. 15 Section 15. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB777,11,2 (1) The amendment of sections 343.09 (1) (e), (6), and (7) and 343.17 (1) of the statutes and the repeal and recreation of section 343.19 (1) of the statutes take effect on the first day of the 6th month beginning after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB777,11,3 (2) Section 14 (1 ) of this act takes effect on the day after publication.

AB777,11,4 (End)