AB68: Bill Text

AB68,1438,11 323.31 State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster , including costs incurred for approved hazard mitigation measures after a disaster, if federal disaster assistance is not available for that disaster because the governor's request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.

AB68,2762 Section 2762. 323.72 (title) of the statutes is amended to read:

AB68,1438,14 323.72 (title) Structural collapse Urban search and rescue emergency response.

AB68,2763 Section 2763. 323.72 (1) of the statutes is amended to read:

AB68,1439,11 323.72 (1) A regional structural collapse team An urban search and rescue task force designated by the division shall assist in the at the discretion of the division in an emergency response to a structural collapse incident in a region of this state designated by the division involving search, rescue, and recovery in the technical rescue disciplines to include structural collapse, rope rescue, vehicle extrication, machinery extrication, confined space, trench, excavation, and water operations in an urban search and rescue environment. Whenever a regional structural collapse team an urban search and rescue task force assists in an emergency response under this subsection, it the division shall determine under the rules promulgated under sub. (5) whether an emergency requiring the team's urban search and rescue task force's response existed. If the regional structural collapse team division determines that such an emergency existed, it shall make a good faith effort to identify the person who is required to reimburse the division under sub. (3) and shall provide that information to the division. The division shall contract with local agencies, as defined in s. 323.70 (1) (b), to establish no more than 4 regional structural collapse teams an urban search and rescue task force. A member of a regional structural collapse team an urban search and rescue task force shall meet the highest training, competency, and job performance requirement standards for a structural collapse team search and rescue task force under the National Fire Protection Association standards NFPA 472, 1006, and 1670, and the urban search and rescue standard by the Emergency Management Accreditation program ANSI/EMAP US&R 2-2019.

AB68,2764 Section 2764 . 323.72 (2) of the statutes is amended to read:

AB68,1440,2 323.72 (2) The From the appropriation under s. 20.465 (3) (h) or (hm), the division shall reimburse a regional structural collapse team local agency under sub. (1) for costs incurred by the team local agency in responding to an emergency involving a structural collapse incident if the team determines that a structural collapse emergency requiring a an urban search and rescue task force response existed as provided under the rules promulgated under sub. (5) if the division determines that such a response was necessary. Reimbursement under this subsection is limited to amounts collected under sub. (3). Reimbursement under this subsection is available only if the regional structure collapse team has identified the person who is required to reimburse the division under sub. (3) and provided that information to the division shall be issued to the local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the agency applies for reimbursement within 45 days after the conclusion of the deployment of the urban search and rescue task force.

AB68,2765 Section 2765 . 323.72 (2m) of the statutes is created to read:

AB68,1440,9 323.72 (2m) From the appropriation under s. 20.465 (3) (hm), the division shall reimburse a local agency under sub. (1) for costs incurred by the local agency for any increase in contributions for duty disability premiums under s. 40.05 (2) (aw) for employees who receive duty disability benefits under s. 40.65 because of an injury incurred while performing duties as a member of an urban search and rescue task force under sub. (1).

AB68,2766 Section 2766. 323.72 (3) of the statutes is amended to read:

AB68,1440,15 323.72 (3) A person shall reimburse the division for costs incurred by a regional structural collapse team an urban search and rescue task force in responding to an emergency if the team division determines under the rules promulgated under sub. (5) that an emergency requiring the team's urban search and rescue task force's response existed and that one of the following conditions applies:

AB68,1440,17 (a) The person possessed or controlled a structure property that was involved in the structural collapse emergency.

AB68,1440,18 (b) The person caused the structural collapse emergency.

AB68,2767 Section 2767. 323.72 (4) of the statutes is amended to read:

AB68,1440,22 323.72 (4) A member of a regional structural collapse team an urban search and rescue task force who is acting under a contract under sub. (1) is considered an employee of the state for purposes of worker's compensation benefits.

AB68,2768 Section 2768. 323.72 (5) of the statutes is repealed.

AB68,2769 Section 2769. 323.72 (7) of the statutes is created to read:

AB68,1441,4 323.72 (7) In this section, “urban search and rescue task force” means a type 1 urban search and rescue task force, type 3 urban search and rescue task force, or any component thereof, as designated by the Federal Emergency Management Agency National Incident Management System resource typing system.

AB68,2770 Section 2770. 341.135 of the statutes is renumbered 341.135 (1) and amended to read:

AB68,1441,24 341.135 (1) Design. At intervals determined by the department, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c). The designs for registration plates specified in this section subsection shall be as similar in appearance as practicable during each design interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each design interval shall be of the design established under this section subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2010. Notwithstanding s. 341.13 (3), as the department establishes new designs for registration plates under this section, the department shall, at the time determined appropriate by the department, issue registration plates of the new design to replace registration plates previously issued. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m., 33m., and 48m.

AB68,2771 Section 2771. 341.135 (2) of the statutes is created to read:

AB68,1442,7 341.135 (2) Issuance. Notwithstanding s. 341.13 (3), beginning with registrations initially effective July 1, 2021, upon receipt of a completed application to renew the registration of a vehicle under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) for which a registration plate has not been issued during the previous 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB68,2772 Section 2772. 341.135 (3) of the statutes is created to read:

AB68,1442,10 341.135 (3) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m., 33m., or 48m.

AB68,2773 Section 2773. 341.16 (2s) of the statutes is created to read:

AB68,1442,15 341.16 (2s) When the owner of a vehicle applies to the department to renew the registration of a vehicle for which new plates are required under s. 341.135 (2), and upon payment of a fee of $6.25, the department shall issue new replacement plates. Upon receipt of replacement plates, the applicant shall destroy the replaced plates.

AB68,2774 Section 2774. 341.255 (3) of the statutes is created to read:

AB68,1442,19 341.255 (3) For each vehicle registration renewal notice that is provided by mail under s. 341.08 (4m), the department shall charge the recipient a fee of $0.33. All fees received under this subsection shall be deposited in the transportation fund.

AB68,2775 Section 2775 . 343.03 (3m) of the statutes is amended to read:

AB68,1443,3 343.03 (3m) Noncitizen limited-term license. If the issuance of any license described under sub. (3) requires the license applicant to present any documentary proof specified in s. 343.14 (2) (es) 2. to 7. 1m. b. to g. or (im) 2m. b., the license shall display on the front side of the license, in addition to any legend or label described in sub. (3), a legend identifying the license as limited term or, if the license authorizes the operation of a commercial motor vehicle, as a nondomiciled license. This noncitizen limited-term license may not be renewed except as provided in s. 343.165 (4) (c). A nondomiciled license may not be issued to a resident of Canada or Mexico.

AB68,2776 Section 2776. 343.03 (3r) of the statutes is amended to read:

AB68,1443,12 343.03 (3r) Real ID Noncompliant license. If any license described under sub. (3) is issued based upon the exception specified in s. 343.165 (7), the license shall, in addition to any legend or label described in sub. (3), be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the license is issued in accordance with P.L. 109-13, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose. Section 344.62 applies to a person operating a motor vehicle under the authorization of a license issued under this subsection.

AB68,2777 Section 2777. 343.06 (1) (c) of the statutes is amended to read:

AB68,1444,13 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of “Class M" vehicles unless the person has successfully completed a basic rider course approved by the Wisconsin department of transportation motorcycle safety program. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and, (c), and (cm) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB68,2778 Section 2778. 343.085 (2) (d) of the statutes is created to read:

AB68,1444,16 343.085 (2) (d) Any person providing the department with documentary proof that the person is enlisted in the U.S. armed forces is exempt from this section.

AB68,2779 Section 2779. 343.14 (1) of the statutes is amended to read:

AB68,1444,25 343.14 (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. Notwithstanding s. 343.50 (8) (b), names 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 and to the department of workforce development for the sole purpose of enforcing or administering s. 108.22.

AB68,2780 Section 2780. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. and amended to read:

AB68,1445,12 343.14 (2) (br) 1. If Except as provided in subd. 2., 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 children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph subdivision is invalid if the statement is false.

AB68,2781 Section 2781 . 343.14 (2) (br) 2. of the statutes is created to read:

AB68,1445,21 343.14 (2) (br) 2. If the applicant does not have a social security number and the application is for an operator's license that contains the marking specified in s. 343.03 (3r) or an identification card that contains the marking specified in s. 343.50 (3) (b), a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department, with the assistance of the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this subdivision is invalid if the statement is false.

AB68,2782 Section 2782 . 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., and 343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read:

AB68,1446,2 343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), and except as provided in subd. 2m., 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 or has any of the following:

AB68,2783 Section 2783 . 343.14 (2) (es) 2m. of the statutes is created to read:

AB68,1446,7 343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if the application is for an operator's license that contains the marking specified in s. 343.03 (3r) or an identification card that contains the marking specified in s. 343.50 (3) (b).

AB68,2784 Section 2784 . 343.14 (2j) of the statutes is amended to read:

AB68,1446,21 343.14 (2j) Except as 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 workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, to the driver licensing agency of another jurisdiction, or to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s. 6.36 (1) (ae). The department of transportation may not disclose to any person the fact that an applicant has provided verification under s. 343.165 (7) (c) 2. that the applicant does not have a social security number, except to the elections commission for purposes of administering the agreement described in s. 5.056.

AB68,2785 Section 2785 . 343.14 (2p) of the statutes is created to read:

AB68,1447,2 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

AB68,1447,8 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

AB68,2786 Section 2786. 343.14 (3) of the statutes is amended to read:

AB68,1447,17 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (c), 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 as provided in sub. (3m) and 343.16 (3) (c), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (c) and 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).

AB68,2787 Section 2787. 343.16 (1) (a) of the statutes is amended to read:

AB68,1449,5 343.16 (1) (a) General. Except as provided in par. (cm) and when examination by a 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in par. (cm) and sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of “Class A", “Class B", “Class C", “Class D" or “Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate “Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person who is applying for authorization to operate “Class M" vehicles and who has successfully completed a rider course approved by the Wisconsin department of transportation motorcycle safety program to hold an instruction permit under s. 343.07 (4) prior to the department's issuance of a license authorizing the operation of “Class M" vehicles. The department may not require a person applying for authorization to operate “Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (bm), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an “H" or “S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB68,2788 Section 2788. 343.16 (1) (cm) of the statutes is created to read:

AB68,1449,9 343.16 (1) (cm) Driving skills test waiver. The department may waive the driving skills test of an individual applying for an operator's license if all of the following apply:

AB68,1449,10 1. The applicant is under 18 years of age.

AB68,1449,11 2. The application is for authorization to operate only “Class D" vehicles.

AB68,1449,20 3. The applicant has satisfactorily completed a course in driver education in a public school approved by the department of public instruction, or in a technical college approved by the technical college system board, or in a nonpublic and private school or tribal school, as defined in s. 115.001 (15m), that meets the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state.

AB68,1449,22 4. The applicant has held an instruction permit issued under s. 343.07 for not less than 6 months.

AB68,1449,25 5. The applicant has not committed a moving violation, specified by the department by rule, resulting in a conviction during the 6-month period immediately preceding application.

AB68,1450,2 6. An adult sponsor who has signed for the applicant under s. 343.15 (1) consents to a waiver of the driving skills test.

AB68,2789 Section 2789. 343.16 (3) (a) of the statutes is amended to read:

AB68,1450,19 343.16 (3) (a) 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. Subject to par. pars. (am) and (c), 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.

AB68,2790 Section 2790. 343.16 (3) (c) of the statutes is created to read:

AB68,1450,24 343.16 (3) (c) 1. An applicant for the renewal of an operator's license other than a commercial driver license may apply for the license, and the department may issue the license, by any electronic means offered by the department if all of the following apply:

AB68,1451,2 a. The applicant's license is not subject to restrictions based on medical conditions, other than a requirement that the applicant use corrective lenses.

AB68,1451,3 b. The applicant is not more than 65 years of age.

AB68,1451,6 c. The applicant verifies that he or she is aware that the license will contain the marking specified in s. 343.03 (3r) and is not intended to be accepted by any federal agency for federal identification or any other official purpose.

AB68,1451,8 d. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

AB68,1451,10 e. The applicant satisfies any eligibility criteria established by the department under subd. 2.

AB68,1451,12 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

AB68,1451,14 3. a. The department may renew a license under this paragraph without a test of eyesight.

AB68,1451,17 b. Subject to s. 343.165 (7), the department may renew a license under this paragraph without a photograph being taken if the department is able to produce a photograph of the applicant from its records.

AB68,1451,19 4. The department may not make consecutive renewals of an operator's license by electronic means.

AB68,2791 Section 2791 . 343.165 (1) (c) of the statutes is amended to read:

AB68,1451,23 343.165 (1) (c) Proof of the applicant's social security number or, except as provided in sub. (7) (c) 2. and s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.

AB68,2792 Section 2792 . 343.165 (1) (e) of the statutes is amended to read:

AB68,1452,3 343.165 (1) (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., and except as provided in sub. (7) (c) 1. and s. 343.14 (2) (es) 2m., the documentary proof described in s. 343.14 (2) (es) 1m.

AB68,2793 Section 2793 . 343.165 (3) (b) of the statutes is amended to read:

AB68,1452,7 343.165 (3) (b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1). This paragraph does not apply to an application processed under sub. (7) (c).

AB68,2794 Section 2794 . 343.165 (3) (c) of the statutes is amended to read:

AB68,1452,15 343.165 (3) (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, except with respect to applications processed under sub. (7) (c).

AB68,2795 Section 2795 . 343.165 (4) (b) of the statutes is amended to read:

AB68,1452,21 343.165 (4) (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, except with respect to applications processed under sub. (7) (c), ineligibility for a social security number.

AB68,2796 Section 2796 . 343.165 (4) (d) of the statutes is amended to read:

AB68,1453,6 343.165 (4) (d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1) (a) or (1m) or 343.50 (5) (bm) or (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 unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.

AB68,2797 Section 2797 . 343.165 (7) (a) (intro.) of the statutes is amended to read: