2011 Wisconsin Act 32

343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except the license is that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a), and temporary licenses subject to any photograph exception under s. 343.14 (3), are not required to include a photograph of the licensee.

32,3164 Section 3164. 343.17 (5) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.17 (5) No photos on temporary licenses. The temporary licenses issued under ss. 343.10, 343.11 (1) and (3), 343.16 (6) (b), and 343.305 (8) (a) shall be on forms provided by the department and shall contain the information required by sub. (3), except that temporary licenses under ss. 343.16 (6) (b) and 343.305 (8) (a) are not required to include a photograph of the licensee. This subsection does not apply to a noncitizen temporary license, as described in s. 343.03 (3m).

32,3165 Section 3165. 343.20 (2) (a) of the statutes is amended to read:

343.20 (2) (a) The At least 30 days prior to the expiration of an operator's license, the department shall mail to the provide to the licensee notice of renewal of the license either by mail at the licensee's last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which the license must be renewed or, if desired by the licensee, by any electronic means offered by the department.

32,3166 Section 3166. 343.20 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.20 (2) (a) At least 30 days prior to the expiration of an operator's license, the department shall provide to the licensee notice of renewal of the license either by mail at the licensee's last-known address or, if desired by the licensee, by any electronic means offered by the department. If the license was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the licensee of the requirement under s. 343.165 (4) (c).

32,3167 Section 3167. 343.20 (2) (b) of the statutes is amended to read:

343.20 (2) (b) Notwithstanding par. (a), at least 60 days prior to the expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of transportation shall mail provide a notice to the licensee either by mail at the licensee's last-known address of the licensee or, if desired by the licensee, by any electronic means offered by the department of transportation that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 30 days before expiration of the endorsement.

32,3168m Section 3168m. 343.21 (2) (a) of the statutes is amended to read:

343.21 (2) (a) In addition to the fees set under sub. (1), any applicant whose application for a permit, license, upgrade or endorsement, taken together with the applicant's currently valid license, if any, requires the department to administer a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay to the department an examination fee of $20 for an examination in a commercial motor vehicle other than a school bus and $15 for an examination in any other vehicle. Payment Except with respect to examination in a "Class D" vehicle, payment of the examination fee entitles the applicant to not more than 3 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license or endorsement in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the applicant to not more than 3 additional tests. For an examination in a "Class D" vehicle, a $15 examination fee shall be paid for each examination.

32,3170 Section 3170. 343.315 (2) (h) of the statutes is amended to read:

343.315 (2) (h) Except as provided in par. (i), a person shall be disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or 2 years if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law, if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.

32,3171 Section 3171. 343.44 (1) (c) of the statutes is amended to read:

343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law. No person may operate a commercial motor vehicle for which the motor carrier identified on the motor vehicle's registration application as the motor carrier responsible for safety of the vehicle has been issued a federal out-of-service order for unsatisfactory safety compliance, while this federal out-of-service order is in effect.

32,3172 Section 3172. 343.50 (1) of the statutes is renumbered 343.50 (1) (a).

32,3173 Section 3173. 343.50 (1) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (1) (a) Subject to par. (b) and s. 343.165, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.

(b) The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.

(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7), the receipt shall include the marking specified in sub. (3) (b).

32,3174 Section 3174. 343.50 (1) (c) of the statutes is created to read:

343.50 (1) (c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days.

32,3175 Section 3175. 343.50 (3) of the statutes is amended to read:

343.50 (3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY". The information on the card shall be the same as specified under s. 343.17 (3). The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

32,3176 Section 3176. 343.50 (3) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (3) Design and contents of card. (a) The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). Except as provided in sub. (4g), the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

(b) If an identification card is issued based upon the exception specified in s. 343.165 (7), the card shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s. 343.03 (3r).

32,3177 Section 3177. 343.50 (4) of the statutes is amended to read:

343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (er), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The Except with respect to renewals by mail or electronic means as authorized under sub. (6), and except as provided in sub. (4g), the department shall, as part of the application process for original issuance or renewal of an identification card, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

32,3178 Section 3178. 343.50 (4) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (es), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. Except with respect to renewals described in s. 343.165 (4) (d) or renewals by mail or electronic means as authorized under sub. (6), and except as provided in sub. (4g), the department shall, as part of the application process for original issuance or renewal of an identification card, take a digital photograph including facial image capture of the applicant to comply with sub. (3). Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

32,3179 Section 3179. 343.50 (4g) of the statutes is created to read:

343.50 (4g) Photograph requirement; exception. An application for an identification card may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

32,3180 Section 3180. 343.50 (4g) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (4g) Photograph requirement; exception. If the application for an identification card is processed under the exception specified in s. 343.165 (7), the application may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.

32,3181 Section 3181. 343.50 (6) of the statutes is amended to read:

343.50 (6) Renewal. At least 30 days prior to the expiration of the an identification card, the department shall mail a renewal application to the provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address of each identification card holder or, if desired by the card holder, by any electronic means offered by the department. The department shall include with the application notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $18, which card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.

32,3182 Section 3182. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act 20, section 3383, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

343.50 (6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the card holder of the requirement under s. 343.165 (4) (c). The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.

32,3182g Section 3182g. 345.05 (1) (ag) of the statutes is repealed.

32,3182r Section 3182r. 345.05 (2) of the statutes is amended to read:

345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body of the municipality, or the board of directors of the authority, may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.

32,3186 Section 3186. 346.503 (1m) (g) of the statutes is amended to read:

346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of commerce safety and professional services to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

32,3187 Section 3187. 346.503 (4) of the statutes is amended to read:

346.503 (4) The department, after consulting with the department of commerce safety and professional services, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

32,3188 Section 3188. 348.27 (11m) (d) of the statutes is amended to read:

348.27 (11m) (d) The secretary of transportation may limit the application of permits issued under this subsection to specific areas of the state or to specific highways. A permit authorized under this subsection takes effect upon the mailing or delivery of a complete application and the required fee to the department. A permit authorized under this subsection is valid for up to 90 days, as determined by the secretary of transportation.

32,3193 Section 3193. 350.12 (4) (bg) 2. of the statutes is amended to read:

350.12 (4) (bg) 2. For fiscal year 2001-02 2011-12, and for each fiscal year thereafter, the department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year multiplied by $15 $32 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation account under s. 20.370 (5) (cw), the department shall make payments to the department or a county for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

32,3194 Section 3194. 425.2065 (1) of the statutes is amended to read:

425.2065 (1) In this section, "law enforcement agency" means the police department, combined protective services department under s. 60.553, 61.66, or 62.13 (2e), or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur.

32,3194m Section 3194m. 428.211 of the statutes is amended to read:

428.211 Parity Exemption for federally insured depository institutions. This subchapter does not apply to any state chartered or federally chartered bank, trust company, savings and loan association, savings bank, or credit union, or to any subsidiary of such a state chartered bank, trust company, savings and loan association, savings bank, or credit union, to the extent that federal law preempts or prohibits the application of the provisions of this subchapter to a federally chartered bank, trust company, savings and loan association, savings bank, or credit union of the same type.

32,3195 Section 3195. Chapter 440 (title) of the statutes is amended to read:

CHAPTER 440

DEPARTMENT OF REGULATION AND
LICENSING safety and
professional services

32,3196 Section 3196. 440.01 (1) (aj) of the statutes is amended to read:

440.01 (1) (aj) "Department" means the department of regulation and licensing safety and professional services.

32,3197 Section 3197. 440.01 (1) (g) of the statutes is amended to read:

440.01 (1) (g) "Secretary" means the secretary of regulation and licensing safety and professional services.

32,3198 Section 3198. 440.01 (2) (cs) of the statutes is amended to read:

440.01 (2) (cs) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,3199 Section 3199. 440.03 (1) of the statutes is amended to read:

440.03 (1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

32,3200 Section 3200. 440.03 (1m) of the statutes is amended to read:

440.03 (1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2) 227.116 (1g), that is issued under chs. 440 to 480.

32,3201 Section 3201. 440.03 (3q) of the statutes is amended to read:

440.03 (3q) Notwithstanding sub. (3m), the department of regulation and licensing safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).

32,3202 Section 3202. 440.03 (11m) (b) of the statutes is amended to read:

440.03 (11m) (b) The department real estate examining board shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.

32,3203 Section 3203. 440.03 (11m) (c) of the statutes is amended to read:

440.03 (11m) (c) The department of regulation and licensing safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

32,3204 Section 3204. 440.03 (12m) of the statutes is amended to read:

440.03 (12m) The department of regulation and licensing safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing safety and professional services, including whether that credential has been restricted in any way.

32,3205m Section 3205m. 440.04 (3) of the statutes is amended to read:

440.04 (3) Control the allocation, disbursement, and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.

32,3205p Section 3205p. 440.08 (2) (a) 15g. of the statutes is created to read:

440.08 (2) (a) 15g. Bail bond surety corporation: December 1 of each year.

32,3205r Section 3205r. 440.08 (2) (a) 15r. of the statutes is created to read:

440.08 (2) (a) 15r. Bail bond surety agent: June 1 of each year.

32,3206 Section 3206. 440.13 (1) (b) of the statutes is amended to read:

440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of regulation and licensing safety and professional services and the department of children and families under s. 49.857.

32,3207 Section 3207. 440.13 (2) (a) of the statutes is amended to read:

440.13 (2) (a) With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings.

32,3208 Section 3208. 440.13 (2) (c) of the statutes is amended to read:

440.13 (2) (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) when directed to do so by the department.

32,3209 Section 3209. 440.22 (2) of the statutes is amended to read:

440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of regulation and licensing safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.