Amendment ASA1-SB40

SB40-ASA1, s. 2634 Section 2634. 343.20 (1m) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40-ASA1,1421,23 343.20 (1m) A Notwithstanding sub. (1) (a) and (e), and except as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply.

SB40-ASA1, s. 2635 Section 2635 . 343.20 (1m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1422,12 343.20 (1m) Notwithstanding sub. (1) (a) and (e), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) 2. (es) 2., 4., 5., 6., or 7. shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (er) 2. (es) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal.

SB40-ASA1, s. 2636 Section 2636. 343.20 (2) (a) of the statutes is amended to read:

SB40-ASA1,1422,19 343.20 (2) (a) The department shall mail to the 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. 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).

SB40-ASA1, s. 2637 Section 2637. 343.21 (1) (n) of the statutes is created to read:

SB40-ASA1,1422,23 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a federal security verification mandate fee of $10.

SB40-ASA1, s. 2638 Section 2638. 343.22 (1) of the statutes is repealed.

SB40-ASA1, s. 2639 Section 2639. 343.22 (2) (intro.) and (a) of the statutes are amended to read:

SB40-ASA1,1423,6 343.22 (2) (intro.) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, moves from the address named in the application or in the license or identification card issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 10 30 days thereafter, do one of the following:

SB40-ASA1,1423,10 (a) Apply for a duplicate license or identification card showing on the application the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.

SB40-ASA1, s. 2640 Section 2640. 343.22 (2m) of the statutes is amended to read:

SB40-ASA1,1423,18 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fee fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40-ASA1, s. 2641 Section 2641 . 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1424,2 343.22 (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (7) for the duplicate license or identification card.

SB40-ASA1, s. 2642 Section 2642. 343.22 (3) of the statutes is amended to read:

SB40-ASA1,1424,11 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fee fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40-ASA1, s. 2643 Section 2643 . 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1424,21 343.22 (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 30 days thereafter, apply for a duplicate license or identification card showing the correct full legal name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

SB40-ASA1, s. 2644 Section 2644. 343.23 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1425,13 343.23 (2) (a) (intro.) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, any demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a record of the date on which any background investigation specified in s. 343.12 (6) (a) or (d) was completed, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:

SB40-ASA1, s. 2645 Section 2645. 343.23 (2) (b) of the statutes is amended to read:

SB40-ASA1,1426,15 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

SB40-ASA1, s. 2646 Section 2646. 343.23 (5) of the statutes is amended to read:

SB40-ASA1,1426,20 343.23 (5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files. Records under sub. (1) and files under sub. (2) shall be maintained in an electronic and transferable format accessible for the purpose specified in s. 343.03 (6) (a).

SB40-ASA1, s. 2647 Section 2647. 343.235 (3) (a) of the statutes is amended to read:

SB40-ASA1,1426,24 343.235 (3) (a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40-ASA1, s. 2648 Section 2648. 343.237 (2) of the statutes is amended to read:

SB40-ASA1,1427,6 343.237 (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.

SB40-ASA1, s. 2649 Section 2649. 343.237 (3) (intro.) of the statutes is amended to read:

SB40-ASA1,1427,13 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:

SB40-ASA1, s. 2650 Section 2650. 343.24 (3) of the statutes is amended to read:

SB40-ASA1,1427,19 343.24 (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor who committed the violation or his or her parent or guardian.

SB40-ASA1, s. 2651 Section 2651. 343.24 (4) (c) 1. of the statutes is amended to read:

SB40-ASA1,1427,23 343.24 (4) (c) 1. A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, or a federal governmental agency, to perform a legally authorized function.

SB40-ASA1, s. 2652 Section 2652. 343.26 of the statutes is amended to read:

SB40-ASA1,1428,6 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the all required fee fees, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40-ASA1, s. 2653 Section 2653 . 343.26 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1428,15 343.26 License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and all required fees, and after processing the application as provided in s. 343.165, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in s. 343.16.

SB40-ASA1, s. 2654 Section 2654. 343.265 (2) of the statutes is amended to read:

SB40-ASA1,1428,23 343.265 (2) A person whose voluntary surrender of license under sub. (1) or (1m) has been accepted by the department may apply for a duplicate license under s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee fees under s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under s. 343.16 (5).

SB40-ASA1, s. 2655 Section 2655. 343.30 (5) of the statutes is amended to read:

SB40-ASA1,1429,10 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.09 (1) (c), 800.095 (4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends , or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

SB40-ASA1, s. 2656 Section 2656. 343.305 (6) (e) 2. am. of the statutes is amended to read:

SB40-ASA1,1429,17 343.305 (6) (e) 2. am. In the case of an individual who 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. The form of the statement shall be prescribed by the department of workforce development children and families. A permit or approval that is issued or renewed under this section in reliance on a statement submitted under this subd. 2. am. is invalid if the statement is false.

SB40-ASA1, s. 2657 Section 2657. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB40-ASA1,1429,22 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of workforce development children and families for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB40-ASA1, s. 2658 Section 2658. 343.305 (8) (b) 5. (intro.) of the statutes is amended to read:

SB40-ASA1,1430,2 343.305 (8) (b) 5. (intro.) If the hearing examiner finds that any of the following applies, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of the any fee under s. 343.21 (1) (j) or (n):

SB40-ASA1, s. 2659 Section 2659. 343.305 (8) (c) 5. of the statutes is amended to read:

SB40-ASA1,1430,6 343.305 (8) (c) 5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay the any fee under s. 343.21 (1) (j) or (n).

SB40-ASA1, s. 2660 Section 2660. 343.305 (11) of the statutes is amended to read:

SB40-ASA1,1430,14 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts, municipal courts, attorneys who represent municipalities, and district attorneys, and driver licensing agencies of other jurisdictions. The rules may not affect any provisions relating to court procedure.

SB40-ASA1, s. 2661 Section 2661. 343.315 (3) (b) of the statutes is amended to read:

SB40-ASA1,1430,25 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application by the person and payment of a duplicate license fee the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

SB40-ASA1, s. 2662 Section 2662. 343.345 of the statutes is amended to read:

SB40-ASA1,1431,10 343.345 Restriction, limitation or suspension of operating privilege. The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40-ASA1, s. 3352r Section 3352r. 343.35 (1) of the statutes is renumbered 343.35 (1) (a) and amended to read:

SB40-ASA1,1431,17 343.35 (1) (a) The Except as provided in par. (b), the department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.

SB40-ASA1, s. 3352t Section 3352t. 343.35 (1) (b) of the statutes is created to read:

SB40-ASA1,1431,24 343.35 (1) (b) 1. Subject to subd. 2., if the department cancels an operator's license prior to the license expiration date because the department has determined that the license holder does not meet the department's standard required for eyesight, the license holder may, without paying any additional fee, retain the operator's license and continue to use the license, until the license expiration date, for the same purpose as an identification card issued under s. 343.50.

SB40-ASA1,1432,7 2. Before a cancelled operator's license may be used for the same purpose as an identification card under subd. 1., the license holder shall temporarily surrender the license to the department. Upon surrender, the department shall make a distinctive mark on the license, and update the license holder's record under s. 343.23 (1), to indicate that the license is not valid as an operator's license but is valid for purposes of identification. After making the distinctive mark, the department shall immediately return the license to the license holder.

SB40-ASA1, s. 2663 Section 2663. 343.38 (1) (a) of the statutes is amended to read:

SB40-ASA1,1432,10 343.38 (1) (a) Files with the department an application for license together with the all required fee fees; and

SB40-ASA1, s. 2664 Section 2664. 343.38 (2) of the statutes is amended to read:

SB40-ASA1,1432,17 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fee fees specified in s. 343.21 (1) (j) and (n).

SB40-ASA1, s. 2665 Section 2665. 343.39 (1) (a) of the statutes is amended to read:

SB40-ASA1,1432,24 343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the reinstatement fee fees specified in s. 343.21 (1) (j) has and (n) have been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

SB40-ASA1, s. 3365m Section 3365m. 343.43 (1) (a) of the statutes is amended to read:

SB40-ASA1,1433,2 343.43 (1) (a) Represent Except as provided in s. 343.35 (1) (b), represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or

SB40-ASA1, s. 2666 Section 2666. 343.43 (1) (g) of the statutes is amended to read:

SB40-ASA1,1433,5 343.43 (1) (g) Deface or alter a license except to endorse a change of address authorized by s. 343.22 (1) or (2).

SB40-ASA1, s. 2667 Section 2667. 343.50 (1) of the statutes is amended to read:

SB40-ASA1,1433,9 343.50 (1) Issuance. The department shall issue to every qualified applicant, who has paid the all required fee fees, an identification card as provided in this section.

SB40-ASA1, s. 2668 Section 2668 . 343.50 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 343.50 (1) (a) and amended to read:

SB40-ASA1,1433,14 343.50 (1) (a) The 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.

SB40-ASA1, s. 2669 Section 2669. 343.50 (1) (b) and (c) of the statutes are created to read:

SB40-ASA1,1433,25 343.50 (1) (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.

SB40-ASA1,1434,3 (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 30 days.

SB40-ASA1, s. 2670 Section 2670. 343.50 (2) of the statutes is amended to read:

SB40-ASA1,1434,9 343.50 (2) Who may apply. Any resident of this state who does not possess a valid operator's license which contains the resident's photograph issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.

SB40-ASA1, s. 2671 Section 2671. 343.50 (3) of the statutes is amended to read:

SB40-ASA1,1434,23 343.50 (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). 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 document of gift under s. 157.06 (2) (b) and (c) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

SB40-ASA1, s. 2672 Section 2672. 343.50 (4) of the statutes, as affected by 2005 Wisconsin Act 126, is amended to read:

SB40-ASA1,1435,10 343.50 (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) (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. The Except with respect to renewals described in s. 343.165 (4) (d), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with sub. (3). No Except with respect to renewals described in s. 343.165 (4) (d), 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).

SB40-ASA1, s. 2673 Section 2673. 343.50 (5) of the statutes, as affected by 2005 Wisconsin Act 126, is amended to read:

SB40-ASA1,1435,23 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $9 $18. The card shall be valid for the succeeding period of 4 8 years from the applicant's next birthday after the date of issuance, 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 the succeeding period of 4 8 years from the applicant's next birthday after the date of issuance.

SB40-ASA1, s. 2674 Section 2674 . 343.50 (5) of the statutes, as affected by 2005 Wisconsin Act 126 and 2007 Wisconsin Act .... (this act), is renumbered 343.50 (5) (a) and amended to read: