AB40-ASA1,1255,1711
342.20
(1) The owner shall immediately execute, in the space provided therefor
12on the certificate of title or on a separate form or in an automated format prescribed
13by the department, an application to name the secured party on the certificate,
14showing the name and address of the secured party, and
the owner or person in
15possession of the owner's certificate, as shown by the records of the department, shall 16cause the certificate, application and the required fee to be delivered to the secured
17party.
AB40-ASA1,1256,319
342.20
(3) Upon receipt of the certificate of title, application, and the required
20fee, or upon receipt of the security interest statement and required fee if the secured
21party has utilized the process specified in s. 342.245 (1), the department shall issue
22to the owner a new certificate containing the name and address of the new secured
23party. The department shall deliver to such new secured party
, unless the secured
24party utilized the process specified in s. 342.245 (1), and to the register of deeds of
25the county of the owner's residence, memoranda, in such form as the department
1prescribes, evidencing the notation of the security interest upon the certificate; and
2thereafter, upon any assignment, termination or release of the security interest,
3additional memoranda evidencing such action.
AB40-ASA1,1256,115
342.22
(1) (intro.) Within one month or within 10 days following written
6demand by the debtor after there is no outstanding obligation and no commitment
7to make advances, incur obligations or otherwise give value, secured by the security
8interest in a vehicle under any security agreement between the owner and the
9secured party, the secured party shall
mail or deliver the certificate of title for the
10vehicle to the department if the secured party is in possession of the certificate and
11shall also do one of the following:
AB40-ASA1,1256,2113
342.22
(2) An If an owner, other than a dealer holding the vehicle for resale,
14is in possession of the owner's certificate of title, the owner, upon receipt of the release
15and notice of obligation delivered under sub. (1) (a)
, shall promptly cause the
16certificate and release to be mailed or delivered to the department, which shall
17release the secured party's rights on the certificate and issue a new certificate. Upon
18receipt of the notice under sub. (1) (b), the owner may, in the form and manner
19prescribed by the department and without additional fee, deliver an application and
20the certificate of title to the department and the department shall issue a new
21certificate of title free of the security interest notation.
AB40-ASA1, s. 3141
22Section
3141. 342.23 (2) (a) of the statutes is renumbered 342.23 (2) and
23amended to read:
AB40-ASA1,1257,424
342.23
(2) An owner
or person in possession of the owner's certificate of title,
25as shown by the records of the department, shall promptly deliver the
owner's
1certificate of title to any secured party who is named on it or who has a security
2interest in the vehicle described in it under any other applicable prior law of this
3state, upon receipt of a notice from such secured party that the security interest is
4to be assigned, extended or perfected.
AB40-ASA1,1257,107
342.23
(4) Any owner
or other person in possession of the owner's certificate
8of title who fails to deliver the certificate of title to a secured party requesting it
9pursuant to sub. (2)
(a) shall be liable to such secured party for any loss caused to the
10secured party thereby and may be required to forfeit not more than $200.
AB40-ASA1,1257,1812
343.03
(3r) Real ID noncompliant license. If any license described under sub.
13(3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in
14addition to any legend or label described in sub. (3), be marked in a manner
15consistent with requirements under applicable federal law and regulations to
16indicate that the license is issued in accordance with P.L.
109-13, section 202 (d) (11),
17and is not intended to be accepted by any federal agency for federal identification or
18any other official purpose.
AB40-ASA1,1257,2221
343.06
(1) (L) To any person who does not satisfy the requirements under s.
22343.165
(1).
AB40-ASA1,1258,424
343.065
(3) (a) If a person issued any commercial driver license under this
25chapter authorizing operation of commercial motor vehicles in interstate commerce
1does not have on file with the department a current certification specified in s. 343.14
2(2) (i) 1. covering the person's physical qualifications, the department may
3downgrade the commercial driver license to a restricted commercial driver license
4under this section and impose a "K" restriction on the license.
AB40-ASA1,1258,125
(b) The department shall promulgate rules to define "downgrade" in
6accordance with federal law and regulations or guidance from the applicable federal
7agency, to establish the process for downgrading a commercial driver license and
8whether or not a new commercial driver license document will be issued after a
9commercial driver license is downgraded, and to establish the process for reinstating
10a downgraded commercial driver license after the department receives from the
11licensee a valid medical certification or other appropriate certification of physical
12qualifications.
AB40-ASA1,1258,2015
343.10
(7) (d) An occupational license issued by the department under this
16subsection shall be in the form of a license that includes a photograph described in
17s. 343.14 (3)
, unless the exception under s. 343.14 (3m) applies, and any special
18restrictions cards under s. 343.17 (4). The license shall clearly indicate that
19restrictions on a special restrictions card apply and that the special restrictions card
20is part of the person's license.
AB40-ASA1,1259,1122
343.11
(1) The department shall not issue a license to a person previously
23licensed in another jurisdiction unless such person surrenders to the department all
24valid operator's licenses possessed by the person issued by any other jurisdiction,
25which surrender operates as a cancellation of the surrendered licenses insofar as the
1person's privilege to operate a motor vehicle in this state is concerned. When such
2applicant surrenders the license to the department, the department shall issue a
3receipt therefor, which receipt shall constitute a temporary license to operate a motor
4vehicle for a period not to exceed 60 days if the applicant meets the standard required
5for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the
6applicant and other users of the highways.
Except as provided in s. 343.055, the
7temporary license shall not be valid authorization for the operation of commercial
8motor vehicles. The temporary license shall be surrendered to the examiner for
9cancellation by the department if the 3rd attempt at the driving test is failed and the
10applicant shall be required to secure a temporary instruction permit for further
11practice driving.
AB40-ASA1,1259,1613
343.11
(3) Except as provided in sub. (1), the department may issue a receipt
14to any applicant for a license, which receipt shall constitute a temporary license to
15operate a motor vehicle while the application for license is being processed. Such
16temporary license shall be valid for a period not to exceed
30 60 days.
AB40-ASA1, s. 3150
17Section
3150
. 343.11 (3) of the statutes, as affected by 2011 Wisconsin Act ....
18(this act), is amended to read:
AB40-ASA1,1259,2419
343.11
(3) Except as provided in sub. (1), the department may issue a receipt
20to any applicant for a license, which receipt shall constitute a temporary license to
21operate a motor vehicle while the application for license is being processed. Such
22temporary license shall be valid for a period not to exceed 60 days.
If the application
23for a license is processed under the exception specified in s. 343.165 (7), the receipt
24shall include the marking specified in s. 343.03 (3r).
AB40-ASA1,1260,93
343.14
(3) The Except as provided in sub. (3m), the department shall, as part
4of the application process, take a digital photograph including facial image capture
5of the applicant to comply with s. 343.17 (3) (a) 2.
No Except as provided in sub. (3m),
6no application may be processed without the photograph being taken. Except as
7provided in
sub. (3m) and s. 343.165 (4) (d), in the case of renewal licenses, the
8photograph shall be taken once every 8 years, and shall coincide with the appearance
9for examination which is required under s. 343.16 (3).
AB40-ASA1,1260,1711
343.14
(3m) If the application for a license is processed under the exception
12specified in s. 343.165 (7), the application may be processed and the license issued
13or renewed without a photograph being taken of the applicant if the applicant
14provides to the department an affidavit stating that the applicant has a sincerely
15held religious belief against being photographed; identifying the religion to which he
16or she belongs or the tenets of which he or she adheres to; and stating that the tenets
17of the religion prohibit him or her from being photographed.
AB40-ASA1, s. 3152c
18Section 3152c. 343.16 (1) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1261,619
343.16
(1) (b)
Third-party driving skills testing for commercial motor vehicle
20and school bus operators. (intro.) The department may contract with a person,
21including an agency or department of this state or its political subdivisions or
22another state, or a private employer of commercial motor vehicle drivers, to
23administer commercial motor vehicle skills tests required by
49 CFR 383.110 to
24383.135, examinations required to be administered under s. 343.12 (2) (h),
and, 25abbreviated driving skills tests required by sub. (3) (b)
. The department may not
1enter into such testing contracts with a private driver training school or other private
2institution, or driving skills tests required by par. (a) for authorization to operate
3"Class D" vehicles, or any combination of these tests and examinations. This
4paragraph does not apply with respect to a law enforcement agency eligible to
5contract with the department under par. (bm). A contract with a 3rd-party tester
6under this paragraph shall include all of the following provisions:
AB40-ASA1,1261,118
343.16
(1) (b) 2. The department,
or the applicable federal agency
, or
a
its 9representative
of the applicable federal agency with respect to testing for commercial
10driver licenses, may conduct random examinations, inspections, and audits of the
113rd-party tester without any prior notice.
AB40-ASA1, s. 3152e
12Section 3152e. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
AB40-ASA1,1261,1913
343.16
(1) (b) 3. (intro.) At least annually, the department shall conduct an
14on-site inspection of the 3rd-party tester to determine compliance with the contract
15and with department and federal standards for testing applicants for commercial
16driver licenses and with department standards for testing applicants for school bus
17endorsements
and applicants for operators' licenses to operate "Class D" vehicles.
18At least annually, the department shall also evaluate testing given by the 3rd-party
19tester by one of the following means:
AB40-ASA1,1262,221
343.16
(1) (b) 4. Examiners of the 3rd-party tester shall meet the same
22qualifications and training standards as the department's license examiners to the
23extent established by the department as necessary to satisfactorily perform the skills
24tests required by
49 CFR 383.110 to
383.135, examinations required to be
25administered under s. 343.12 (2) (h)
and, abbreviated driving skills tests required by
1sub. (3) (b)
, and driving skills tests required by par. (a) for authorization to operate
2"Class D" vehicles.
AB40-ASA1,1262,94
343.16
(1) (b) 5. The department shall take prompt and appropriate remedial
5action against the 3rd-party tester in the event that the tester fails to comply with
6department or federal standards for commercial driver license testing, department
7standards for school bus endorsement testing
or testing for operators' licenses to
8operate "Class D" vehicles, or any provision of the contract. Such action may include
9immediate termination of testing by the 3rd-party tester and recovery of damages.
AB40-ASA1,1262,1411
343.16
(1) (b) 6. The 3rd-party tester may not administer any test or
12examination of a person who has received instruction in driver training from the
133rd-party tester or from any person who controls, is controlled by, or is under
14common control with the 3rd-party tester.
AB40-ASA1, s. 3152i
15Section 3152i. 343.16 (1) (bm) (title) of the statutes is amended to read:
AB40-ASA1,1262,1716
343.16
(1) (bm) (title)
Third-party testing
for other vehicle operators by certain
17law enforcement agencies.
AB40-ASA1,1263,220
343.165
(1) (intro.)
The Subject to ss. 343.14 (3m) and 343.50 (4g), the 21department may not complete the processing of an application for initial issuance or
22renewal of an operator's license or identification card received by the department
23after
May 10, 2008 the effective date of this subsection .... [LRB inserts date], and no
24such license or identification card may be issued or renewed, unless the applicant
1presents or provides, and
, subject to sub. (7), the department verifies under sub. (3),
2all of the following information:
AB40-ASA1,1263,105
343.165
(2) (a)
The Subject to sub. (7), the department shall, in processing any
6application for an operator's license or identification card under sub. (1), capture a
7digital image of each document presented or provided to the department by an
8applicant. Images captured under this paragraph shall be maintained, in electronic
9storage and in a transferable format, in the applicant's file or record as provided
10under ss. 343.23 (2) (a) and 343.50 (8) (a).
AB40-ASA1,1263,1311
(b)
The Subject to sub. (7), the department shall record in the applicant's file
12under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification
13under subs. (1) and (3) is completed.
AB40-ASA1,1263,1916
343.165
(3) (a) Except as provided in pars. (b) and (c)
and subject to sub. (7),
17the department shall verify, in the manner and to the extent required under federal
18law, each document presented or provided to the department that is required to be
19presented or provided to the department by an applicant under sub. (1).
AB40-ASA1,1264,422
343.165
(4) (a) Subsection (1) does not apply to an application for renewal of
23an operator's license or identification card received by the department after
May 10,
242008 the effective date of this paragraph .... [LRB inserts date], if in connection with
25a prior application after
May 10, 2008 the effective date of this paragraph .... [LRB
1inserts date], the applicant previously presented or provided, and the department
2verified
under sub. (3) or (7), the information specified in sub. (1) and
, if verified
3under sub. (3), the department recorded the date on which the verification
4procedures were completed as described in sub. (2) (b).
AB40-ASA1,1264,127
343.165
(4) (c) Notwithstanding pars. (a) and (b), no operator's license
8displaying the legend required under s. 343.03 (3m) or identification card displaying
9the legend required under s. 343.50 (3)
(a) may be renewed unless the applicant
10presents or provides valid documentary proof under sub. (1) (e) and this proof shows
11that the status by which the applicant qualified for the license or identification card
12has been extended by the secretary of the federal department of homeland security.
AB40-ASA1,1264,2315
343.165
(4) (d) With any license or identification card renewal following a
16license or identification card expiration established under s. 343.20 (1m) or 343.50
17(5) (c) at other than an 8-year interval, the department may determine whether the
18applicant's photograph is to be taken, or if the renewal is for a license the applicant
19is to be examined, or both, at the time of such renewal, so long as the applicant's
20photograph is taken, and if the renewal is for a license the applicant is examined,
21with a license or card renewal at least once every 8 years and the applicant's license
22or identification card at all times includes a photograph
unless an exception under
23s. 343.14 (3m) or 343.50 (4g) applies.
AB40-ASA1,1265,7
1343.165
(5) The department may, by rule, require that applications for
2reinstatement of operator's licenses or identification cards, issuance of occupational
3licenses, reissuance of operator's licenses, or issuance of duplicate
operator's licenses
4or identification cards, received by the department after
May 10, 2008 the effective
5date of this subsection .... [LRB inserts date], be processed in a manner consistent
6with the requirements established under this section for applications for initial
7issuance or renewal of operator's licenses and identification cards.
AB40-ASA1,1265,119
343.165
(7) (a) The department may process an application for, and issue or
10renew, an operator's license or identification card without meeting the requirements
11under subs. (2) and (3) if all of the following apply:
AB40-ASA1,1265,1312
1. The operator's license contains the marking specified in s. 343.03 (3r) or the
13identification card contains the marking specified in s. 343.50 (3) (b).
AB40-ASA1,1265,1714
2. The operator's license or identification card is processed and issued or
15renewed in compliance with applicable department practices and procedures that
16were in effect immediately prior to the effective date of this subdivision .... [LRB
17inserts date].
AB40-ASA1,1265,2118
(b) In addition to other instances of original issuance or renewal, this
19subsection specifically applies to renewals occurring after the effective date of this
20paragraph .... [LRB inserts date], of operator's licenses or identification cards
21originally issued prior to the effective date of this paragraph .... [LRB inserts date].
AB40-ASA1,1265,2423
343.17
(3) (a) 2. A color photograph of the person
, unless the exception under
24s. 343.14 (3m) applies.
AB40-ASA1,1266,6
1343.17
(3) (a) 14. If the license contains the marking specified in s. 343.03 (3r),
2a distinctive appearance specified by the department that clearly distinguishes the
3license from other operator's licenses or identification cards issued by the
4department and that alerts federal agency and other law enforcement personnel that
5the license may not be accepted for federal identification or any other official
6purpose.
AB40-ASA1,1266,138
343.17
(5) No photos on temporary licenses. The temporary licenses issued
9under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b)
, and 343.305 (8) (a) shall be on
10forms provided by the department and shall contain the information required by sub.
11(3), except
the license is that temporary licenses under ss. 343.16 (6) (b) and 343.305
12(8) (a), and temporary licenses subject to any photograph exception under s. 343.14
13(3), are not required to include a photograph of the licensee.
AB40-ASA1,1266,2116
343.17
(5) No photos on temporary licenses. The temporary licenses issued
17under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on
18forms provided by the department and shall contain the information required by sub.
19(3), except that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a) are not
20required to include a photograph of the licensee. This subsection does not apply to
21a noncitizen temporary license, as described in s. 343.03 (3m).
AB40-ASA1,1267,323
343.20
(2) (a)
The At least 30 days prior to the expiration of an operator's
24license, the department shall
mail to the provide to the licensee notice of renewal of
25the license either by mail at the licensee's last-known address
of a licensee at least
130 days prior to the expiration of the license a notice of the date upon which the
2license must be renewed or, if desired by the licensee, by any electronic means offered
3by the department.
AB40-ASA1,1267,126
343.20
(2) (a) At least 30 days prior to the expiration of an operator's license,
7the department shall provide to the licensee notice of renewal of the license either
8by mail at the licensee's last-known address or, if desired by the licensee, by any
9electronic means offered by the department. If the license was issued or last renewed
10based upon the person's presenting of any documentary proof specified in s. 343.14
11(2) (es) 4. to 7., the notice shall inform the licensee of the requirement under s.
12343.165 (4) (c).
AB40-ASA1,1267,2414
343.20
(2) (b) Notwithstanding par. (a), at least 60 days prior to the expiration
15of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of
16transportation shall
mail provide a notice to the
licensee either by mail at the
17licensee's last-known address
of the licensee
or, if desired by the licensee, by any
18electronic means offered by the department of transportation that the licensee is
19required to pass a security threat assessment screening by the federal
20transportation security administration of the federal department of homeland
21security as part of the application to renew the endorsement. The notice shall inform
22the licensee that the licensee may commence the federal security threat assessment
23screening at any time, but no later than 30 days before expiration of the
24endorsement.
AB40-ASA1,1268,14
1343.21
(2) (a) In addition to the fees set under sub. (1), any applicant whose
2application for a permit, license, upgrade or endorsement, taken together with the
3applicant's currently valid license, if any, requires the department to administer a
4driving skills test of the applicant's ability to exercise ordinary and reasonable
5control in the operation of a motor vehicle shall pay to the department an
6examination fee of $20 for an examination in a commercial motor vehicle other than
7a school bus and $15 for an examination in any other vehicle.
Payment Except with
8respect to examination in a "Class D" vehicle, payment of the examination fee
9entitles the applicant to not more than 3 tests of the applicant's ability to exercise
10reasonable control in the operation of a motor vehicle. If the applicant does not
11qualify for issuance of a license, upgraded license or endorsement in 3 such tests,
12then a 2nd examination fee in the same amount shall be paid, which payment
13entitles the applicant to not more than 3 additional tests.
For an examination in a
14"Class D" vehicle, a $15 examination fee shall be paid for each examination.
AB40-ASA1,1269,316
343.315
(2) (h) Except as provided in par. (i), a person shall be disqualified for
17a period of 90 days from operating a commercial motor vehicle if convicted of an
18out-of-service violation, or 2 years if convicted of 2 out-of-service violations, or 3
19years if convicted of 3 or more out-of-service violations, arising from separate
20occurrences committed within a 10-year period while operating a commercial motor
21vehicle. A disqualification under this paragraph shall be in addition to any penalty
22imposed under s. 343.44. In this paragraph, "out-of-service violation" means
23violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which,
24if committed in this state, would have been a violation of s. 343.44 (1) (c),
by operating
25a commercial motor vehicle while the operator or vehicle is ordered out-of-service
1under the law of this state or another jurisdiction or under federal law, if the operator
2holds a commercial driver license or is required to hold a commercial driver license
3to operate the commercial motor vehicle.
AB40-ASA1,1269,125
343.44
(1) (c)
Operating while ordered out-of-service. No person may operate
6a commercial motor vehicle while the person or the commercial motor vehicle is
7ordered out-of-service under the law of this state or another jurisdiction or under
8federal law.
No person may operate a commercial motor vehicle for which the motor
9carrier identified on the motor vehicle's registration application as the motor carrier
10responsible for safety of the vehicle has been issued a federal out-of-service order
11for unsatisfactory safety compliance, while this federal out-of-service order is in
12effect.
AB40-ASA1, s. 3172
13Section
3172. 343.50 (1) of the statutes is renumbered 343.50 (1) (a).
AB40-ASA1,1269,1816
343.50
(1) (a) Subject to par. (b) and s. 343.165, the department shall issue to
17every qualified applicant, who has paid all required fees, an identification card as
18provided in this section.
AB40-ASA1,1270,319
(b) The department may not issue an identification card to a person previously
20issued an operator's license in another jurisdiction unless the person surrenders to
21the department any valid operator's license possessed by the person issued by
22another jurisdiction, which surrender operates as a cancellation of the license insofar
23as the person's privilege to operate a motor vehicle in this state is concerned. Within
2430 days following issuance of the identification card under this section, the
25department shall destroy any operator's license surrendered under this paragraph
1and report to the jurisdiction that issued the surrendered operator's license that the
2license has been destroyed and the person has been issued an identification card in
3this state.