SB40-CSA1,1309,125
343.22
(3) When the name of a licensee or identification card holder is changed,
6such person shall, within
10 30 days thereafter, apply for a duplicate license or
7identification card showing the correct
full legal name and address. The licensee or
8identification card holder shall return the current license or identification card to the
9department along with the application for a duplicate. If the licensee holds more
10than one type of license under this chapter, the licensee shall return all such licenses
11to the department along with one application and fees for a duplicate license for
12which the licensee may be issued a duplicate of each such license.
SB40-CSA1, s. 3277
13Section
3277. 343.23 (2) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,1310,414
343.23
(2) (a) (intro.) The department shall maintain a file for each licensee or
15other person containing the application for license, permit or endorsement, a record
16of reports or abstract of convictions,
any demerit points assessed under authority of
17s. 343.32 (2), the information in all data fields printed on any license issued to the
18person, any notice received from the federal transportation security administration
19concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3)
20(d) 1m., the status of the person's authorization to operate different vehicle groups,
21a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am), a
22record of the date on which any background investigation specified in s. 343.12 (6)
23(a) or (d) was completed,
a record of the date on which any verification specified in
24s. 343.165 (1) and (3) was completed, all documents required to be maintained under
25s. 343.165 (2) (a), and a record of any reportable accident in which the person has
1been involved, including specification of any type of license and endorsements issued
2under this chapter under which the person was operating at the time of the accident
3and an indication whether or not the accident occurred in the course of any of the
4following:
SB40-CSA1,1311,66
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
7the department so that the complete operator's record is available for the use of the
8secretary in determining whether operating privileges of such person shall be
9suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
10of public safety. The record of suspensions, revocations, and convictions that would
11be counted under s. 343.307 (2) shall be maintained permanently, except that the
12department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
13(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
14violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
15time of the violation, if the person does not have a commercial driver license, if the
16violation was not committed by a person operating a commercial motor vehicle, and
17if the person has no other suspension, revocation, or conviction that would be counted
18under s. 343.307 during that 10-year period. The record of convictions for
19disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
20years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
21(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
22record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
23maintained permanently, except that 5 years after a licensee transfers residency to
24another state such record may be transferred to another state of licensure of the
25licensee if that state accepts responsibility for maintaining a permanent record of
1convictions for disqualifying offenses. Such reports and records may be cumulative
2beyond the period for which a license is granted, but the secretary, in exercising the
3power of suspension granted under s. 343.32 (2) may consider only those reports and
4records entered during the 4-year period immediately preceding the exercise of such
5power of suspension.
The department shall maintain the digital images of
6documents specified in s. 343.165 (2) (a) for at least 10 years.
SB40-CSA1,1311,118
343.23
(5) The department shall maintain the files specified in this section in
9a form that is appropriate to the form of the records constituting those files.
Records
10under sub. (1) and files under sub. (2) shall be maintained in an electronic and
11transferable format accessible for the purpose specified in s. 343.03 (6) (a).
SB40-CSA1,1311,1513
343.235
(3) (a) A law enforcement agency, a state authority
, a district attorney,
14a driver licensing agency of another jurisdiction, or a federal governmental agency
, 15to perform a legally authorized function.
SB40-CSA1,1311,2217
343.237
(2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50
18(4), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be
19maintained by the department and, except as provided in this section, shall be kept
20confidential. Except as provided in this section, the department may release a
21photograph or fingerprint only to the person whose photograph or fingerprint was
22taken
or to the driver licensing agency of another jurisdiction.
SB40-CSA1, s. 3287
23Section
3287. 343.237 (3) (intro.) of the statutes is amended to read:
SB40-CSA1,1312,424
343.237
(3) (intro.) The department shall provide a Wisconsin law enforcement
25agency or a federal law enforcement agency with a
print or electronic copy of a
1photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3)
2or 343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant
3under s. 343.12 (6) (b), if the department receives a written request on the law
4enforcement agency's letterhead that contains all of the following:
SB40-CSA1,1312,106
343.24
(3) The department shall not disclose information concerning or related
7to a violation as defined by s. 343.30 (6) to any person other than a court, district
8attorney, county corporation counsel, city, village
, or town attorney, law enforcement
9agency
, driver licensing agency of another jurisdiction, or the minor who committed
10the violation or his or her parent or guardian.
SB40-CSA1,1312,1412
343.24
(4) (c) 1. A law enforcement agency, a state authority
, a district attorney,
13a driver licensing agency of another jurisdiction, or a federal governmental agency
, 14to perform a legally authorized function.
SB40-CSA1,1312,21
16343.26 License after cancellation. Any person whose license has been
17canceled, whether the license has been canceled by the secretary or stands canceled
18as a matter of law, may apply for a new license at any time. Upon receipt of the
19application and
the all required
fee fees, the department shall issue or refuse
20issuance of the license as upon an original application. The department may, but
21need not, require the applicant to submit to an examination as provided in s. 343.16.
SB40-CSA1, s. 3291
22Section
3291
. 343.26 of the statutes, as affected by 2007 Wisconsin Act .... (this
23act), is amended to read:
SB40-CSA1,1313,5
24343.26 License after cancellation. Any person whose license has been
25canceled, whether the license has been canceled by the secretary or stands canceled
1as a matter of law, may apply for a new license at any time. Upon receipt of the
2application and all required fees,
and after processing the application as provided in
3s. 343.165, the department shall issue or refuse issuance of the license as upon an
4original application. The department may, but need not, require the applicant to
5submit to an examination as provided in s. 343.16.
SB40-CSA1,1313,137
343.265
(2) A person whose voluntary surrender of license under sub. (1) or
8(1m) has been accepted by the department may apply for a duplicate license under
9s. 343.19, or, if the person's license has expired during the period of surrender, a
10renewal license, at any time. Upon receipt of the person's application and the
11applicable
fee fees under s. 343.21, the department shall issue or deny the license as
12provided in this subchapter. The department may require the person to submit to
13an examination under s. 343.16 (5).
SB40-CSA1,1313,2415
343.30
(5) No court may suspend or revoke an operating privilege except as
16authorized by this chapter or ch. 345, 351
, or 938 or s. 767.73, 800.09 (1) (c), 800.095
17(4) (b) 4., 943.21 (3m), or 961.50. When a court revokes, suspends
, or restricts a
18juvenile's operating privilege under ch. 938, the department of transportation shall
19not disclose information concerning or relating to the revocation, suspension
, or
20restriction to any person other than a court, district attorney, county corporation
21counsel, city, village
, or town attorney, law enforcement agency,
driver licensing
22agency of another jurisdiction, or the minor whose operating privilege is revoked,
23suspended
, or restricted, or his or her parent or guardian. Persons entitled to receive
24this information shall not disclose the information to other persons or agencies.
SB40-CSA1, s. 3303
25Section
3303. 343.305 (6) (e) 2. am. of the statutes is amended to read:
SB40-CSA1,1314,6
1343.305
(6) (e) 2. am. In the case of an individual who does not have a social
2security number, a statement made or subscribed under oath or affirmation that the
3applicant does not have a social security number. The form of the statement shall
4be prescribed by the department of
workforce development children and families. A
5permit or approval that is issued or renewed under this section in reliance on a
6statement submitted under this subd. 2. am. is invalid if the statement is false.
SB40-CSA1, s. 3304
7Section
3304. 343.305 (6) (e) 3. b. of the statutes is amended to read:
SB40-CSA1,1314,118
343.305
(6) (e) 3. b. The licensor may not disclose any information received
9under subd. 2. a. or b. except to the department of
workforce development children
10and families for purposes of administering s. 49.22 or the department of revenue for
11the sole purpose of requesting certifications under s. 73.0301.
SB40-CSA1, s. 3307
12Section
3307. 343.305 (8) (b) 5. (intro.) of the statutes is amended to read:
SB40-CSA1,1314,1613
343.305
(8) (b) 5. (intro.) If the hearing examiner finds that any of the following
14applies, the examiner shall order that the administrative suspension of the person's
15operating privilege be rescinded without payment of
the any fee under s. 343.21 (1)
16(j)
or (n):
SB40-CSA1,1314,2018
343.305
(8) (c) 5. If any court orders under this subsection that the
19administrative suspension of the person's operating privilege be rescinded, the
20person need not pay
the any fee under s. 343.21 (1) (j)
or (n).
SB40-CSA1,1315,322
343.305
(11) Rules. The department shall promulgate rules under ch. 227
23necessary to administer this section. The rules shall include provisions relating to
24the expeditious exchange of information under this section between the department
25and law enforcement agencies, circuit courts, municipal courts, attorneys who
1represent municipalities,
and district attorneys
, and driver licensing agencies of
2other jurisdictions. The rules may not affect any provisions relating to court
3procedure.
SB40-CSA1,1315,75
343.307
(1) (intro.) The court shall count the following to determine the length
6of a revocation under s. 343.30 (1q) (b) and to determine the penalty under s.
114.09
7(2) and 346.65 (2):
SB40-CSA1,1315,99
343.307
(1) (g) Convictions for violations under s. 114.09 (1) (b) 1. or 1m.
SB40-CSA1,1315,2011
343.315
(3) (b) If a person's license or operating privilege is not otherwise
12revoked or suspended as the result of an offense committed after March 31,
1992,
13which results in disqualification under sub. (2) (a) to (f), (h), (i), or (j), the department
14shall immediately disqualify the person from operating a commercial motor vehicle
15for the period required under sub. (2) (a) to (f), (h), (i), or (j). Upon proper application
16by the person and payment of
a duplicate license fee
the fees specified in s. 343.21
17(1) (L) and (n), the department may issue a separate license authorizing only the
18operation of vehicles other than commercial motor vehicles. Upon expiration of the
19period of disqualification, the person may apply for authorization to operate
20commercial motor vehicles under s. 343.26.
SB40-CSA1,1316,5
22343.345 Restriction, limitation or suspension of operating privilege. 23The department shall restrict, limit or suspend a person's operating privilege if the
24person is delinquent in making court-ordered payments of child or family support,
25maintenance, birth expenses, medical expenses or other expenses related to the
1support of a child or former spouse, or who fails to comply, after appropriate notice,
2with a subpoena or warrant issued by the department of
workforce development 3children and families or a county child support agency under s. 59.53 (5) and related
4to paternity or child support proceedings, as provided in a memorandum of
5understanding entered into under s. 49.857.
SB40-CSA1, s. 3352r
6Section 3352r. 343.35 (1) of the statutes is renumbered 343.35 (1) (a) and
7amended to read:
SB40-CSA1,1316,128
343.35
(1) (a)
The Except as provided in par. (b), the department may order any
9person whose operating privilege has been canceled, revoked or suspended to
10surrender his or her license or licenses to the department. The department may
11order any person who is in possession of a canceled, revoked or suspended license of
12another to surrender the license to the department.
SB40-CSA1,1316,1914
343.35
(1) (b) 1. Subject to subd. 2., if the department cancels an operator's
15license prior to the license expiration date because the department has determined
16that the license holder does not meet the department's standard required for
17eyesight, the license holder may, without paying any additional fee, retain the
18operator's license and continue to use the license, until the license expiration date,
19for the same purpose as an identification card issued under s. 343.50.
SB40-CSA1,1317,220
2. Before a cancelled operator's license may be used for the same purpose as an
21identification card under subd. 1., the license holder shall temporarily surrender the
22license to the department. Upon surrender, the department shall make a distinctive
23mark on the license, and update the license holder's record under s. 343.23 (1), to
24indicate that the license is not valid as an operator's license but is valid for purposes
1of identification. After making the distinctive mark, the department shall
2immediately return the license to the license holder.
SB40-CSA1,1317,54
343.38
(1) (a) Files with the department an application for license together
5with
the all required
fee fees; and
SB40-CSA1,1317,127
343.38
(2) Reinstatement of nonresident's operating privilege after
8revocation by Wisconsin. A nonresident's operating privilege revoked under the
9laws of this state is reinstated as a matter of law when the period of revocation has
10expired and such nonresident obtains a valid operator's license issued by the
11jurisdiction of the nonresident's residence and pays the
fee fees specified in s. 343.21
12(1) (j)
and (n).
SB40-CSA1,1317,1914
343.39
(1) (a) When, in the case of a suspended operating privilege, the period
15of suspension has terminated, the
reinstatement fee
fees specified in s. 343.21 (1) (j)
16has and (n) have been paid to the department and, for reinstatement of an operating
17privilege suspended under ch. 344, the person files with the department proof of
18financial responsibility, if required, in the amount, form and manner specified under
19ch. 344.
SB40-CSA1,1317,2221
343.43
(1) (a)
Represent Except as provided in s. 343.35 (1) (b), represent as
22valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
SB40-CSA1,1317,2524
343.43
(1) (g) Deface or alter a license except to endorse a change of address
25authorized by s. 343.22
(1) or (2).
SB40-CSA1,1318,42
343.50
(1) Issuance. The department shall issue to every qualified applicant,
3who has paid
the all required
fee fees, an identification card as provided in this
4section.
SB40-CSA1, s. 3375
5Section
3375
. 343.50 (1) of the statutes, as affected by 2007 Wisconsin Act ....
6(this act), is renumbered 343.50 (1) (a) and amended to read:
SB40-CSA1,1318,97
343.50
(1) (a)
The Subject to par. (b) and s. 343.165, the department shall issue
8to every qualified applicant, who has paid all required fees, an identification card as
9provided in this section.
SB40-CSA1, s. 3376
10Section
3376. 343.50 (1) (b) and (c) of the statutes are created to read:
SB40-CSA1,1318,2011
343.50
(1) (b) The department may not issue an identification card to a person
12previously issued an operator's license in another jurisdiction unless the person
13surrenders to the department any valid operator's license possessed by the person
14issued by another jurisdiction, which surrender operates as a cancellation of the
15license insofar as the person's privilege to operate a motor vehicle in this state is
16concerned. Within 30 days following issuance of the identification card under this
17section, the department shall destroy any operator's license surrendered under this
18paragraph and report to the jurisdiction that issued the surrendered operator's
19license that the license has been destroyed and the person has been issued an
20identification card in this state.
SB40-CSA1,1318,2321
(c) The department may issue a receipt to any applicant for an identification
22card, which receipt shall constitute a temporary identification card while the
23application is being processed and shall be valid for a period not to exceed 30 days.
SB40-CSA1,1319,5
1343.50
(2) Who may apply. Any resident of this state who does not possess a
2valid operator's license
which contains the resident's photograph issued under this
3chapter may apply to the department for an identification card pursuant to this
4section. The card is not a license for purposes of this chapter and is to be used for
5identification purposes only.
SB40-CSA1,1319,197
343.50
(3) Design and contents of card. The card shall be the same size as
8an operator's license but shall be of a design which is readily distinguishable from
9the design of an operator's license and bear upon it the words "IDENTIFICATION
10CARD ONLY
".." The information on the card shall be the same as specified under
11s. 343.17 (3).
If the issuance of the card requires the applicant to present any
12documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the
13front side of the card, a legend identifying the card as temporary. The card shall
14contain physical security features consistent with any requirement under federal
15law. The card may serve as a document of gift under s. 157.06 (2) (b) and (c) and the
16holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also
17serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i). The
18card shall contain the holder's photograph and, if applicable, shall be of the design
19specified under s. 343.17 (3) (a) 12.
SB40-CSA1,1320,622
343.50
(4) Application. The application for an identification card shall include
23any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em),
24and
(er) (es), and such further information as the department may reasonably
25require to enable it to determine whether the applicant is entitled by law to an
1identification card.
The Except with respect to renewals described in s. 343.165 (4)
2(d), the department shall, as part of the application process, take a
digital 3photograph
including facial image capture of the applicant to comply with sub. (3).
4No Except with respect to renewals described in s. 343.165 (4) (d), no application may
5be processed without the photograph being taken. Misrepresentations in violation
6of s. 343.14 (5) are punishable as provided in s. 343.14 (9).
SB40-CSA1,1320,199
343.50
(5) Valid period; fees. The fee for an original card and for the
10reinstatement of an identification card after cancellation under sub. (10) shall be
$9 11$18. The card shall be valid for the succeeding period of
4 8 years from the
12applicant's next birthday after the date of issuance, except that a card that is issued
13to a person who is not a United States citizen and who provides documentary proof
14of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the
15person's legal presence in the United States is no longer authorized. If the
16documentary proof as provided under s. 343.14 (2) (er) does not state the date that
17the person's legal presence in the United States is no longer authorized, then the card
18shall be valid for the succeeding period of
4 8 years from the applicant's next
19birthday after the date of issuance.
SB40-CSA1,1320,2523
343.50
(5) (a) The fee for an original card
, for renewal of a card, and for the
24reinstatement of an identification card after cancellation under sub. (10) shall be
25$18.
The
SB40-CSA1,1321,4
1(b) Except as provided in par. (c) and s. 343.165 (4) (c), an original or reinstated 2card shall be valid for the succeeding period of 8 years from the applicant's next
3birthday after the date of issuance
, except that a, and a renewed card shall be valid
4for the succeeding period of 8 years from the card's last expiration date.
SB40-CSA1,1321,17
5(c) Except as provided in s. 343.165 (4) (c) and as otherwise provided in this
6paragraph, an identification card that is issued to a person who is not a United States
7citizen and who provides documentary proof of legal status as provided under s.
8343.14 (2)
(er) (es) shall expire on the date that the person's legal presence in the
9United States is no longer authorized
or on the expiration date determined under
10par. (b), whichever date is earlier. If the documentary proof as provided under s.
11343.14 (2)
(er) (es) does not state the date that the person's legal presence in the
12United States is no longer authorized, then the card shall be valid for the
succeeding 13period
of 8 years from the applicant's next birthday after the date of issuance 14specified in par. (b) except that, if the card was issued or renewed based upon the
15person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7.,
16the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance
17or renewal.
SB40-CSA1,1321,2319
343.50
(5m) Federal security verification mandate fee. In addition to any
20other fee under this section, for the issuance of an original identification card or
21duplicate identification card or for the renewal or reinstatement of an identification
22card after cancellation under sub. (10), a federal security verification mandate fee of
23$10 shall be paid to the department.
SB40-CSA1, s. 3383
24Section
3383
. 343.50 (6) of the statutes, as affected by 2007 Wisconsin Act ....
25(this act), is amended to read:
SB40-CSA1,1322,16
1343.50
(6) Renewal notice. At least 30 days prior to the expiration of
the an
2identification card, the department shall mail a renewal application to the
3last-known address of
each identification the card holder.
If the card was issued or
4last renewed based upon the person's presenting of any documentary proof specified
5in s. 343.14 (2) (es) 4. to 7., the notice shall inform the card holder of the requirement
6under s. 343.165 (4) (c). The department shall include with the application
7information, as developed by all organ procurement organizations in cooperation
8with the department, that promotes anatomical donations and which relates to the
9anatomical donation opportunity available under s. 343.175.
The fee for a renewal
10identification card shall be $18, which card shall be valid for 8 years, except that a
11card that is issued to a person who is not a United States citizen and who provides
12documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on
13the date that the person's legal presence in the United States is no longer authorized.
14If the documentary proof as provided under s. 343.14 (2) (er) does not state the date
15that the person's legal presence in the United States is no longer authorized, then
16the card shall be valid for 8 years.
SB40-CSA1,1323,619
343.50
(6) Renewal. At least 30 days prior to the expiration of the card, the
20department shall mail a renewal application to the last-known address of each
21identification card holder. The department shall include with the application
22information, as developed by all organ procurement organizations in cooperation
23with the department, that promotes anatomical donations and which relates to the
24anatomical donation opportunity available under s. 343.175. The fee for a renewal
25identification card shall be
$9 $18, which card shall be valid for
4 8 years, except
1that a card that is issued to a person who is not a United States citizen and who
2provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall
3expire on the date that the person's legal presence in the United States is no longer
4authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not
5state the date that the person's legal presence in the United States is no longer
6authorized, then the card shall be valid for
4
8 years.
SB40-CSA1,1323,198
343.50
(8) (a) The department shall maintain current records of all
9identification card holders under this section in the same manner as required under
10s. 343.23 for operator's licenses.
For each identification card applicant, the record
11shall include any application for an identification card received by the department,
12any reinstatement or cancellation of an identification card by the department, the
13information in all data fields printed on any identification card issued to the
14applicant, a record of the date on which any verification specified in s. 343.165 (1) and
15(3) was completed, and all documents required to be maintained under s. 343.165 (2)
16(a). The department shall maintain the digital images of documents specified in s.
17343.165 (2) (a) for at least 10 years. Records under this paragraph shall be
18maintained in an electronic and transferable format accessible for the purpose
19specified in par. (c) 1.
SB40-CSA1,1324,921
343.50
(8) (b) The department may not disclose any record or other information
22concerning or relating to an applicant or identification card holder to any person
23other than a court, district attorney, county corporation counsel, city, village
, or town
24attorney, law enforcement agency,
driver licensing agency of another jurisdiction, the
25applicant or identification card holder or, if the applicant or identification card holder
1is under 18 years of age, his or her parent or guardian. Except for photographs
2disclosed to a law enforcement agency for which disclosure is authorized under s.
3343.237, persons entitled to receive any record or other information under this
4paragraph shall not disclose the record or other information to other persons or
5agencies. This paragraph does not prohibit the disclosure of a person's name or
6address, of the name or address of a person's employer or of financial information
7that relates to a person when requested under s. 49.22 (2m) by the department of
8workforce development children and families or a county child support agency under
9s. 59.53 (5).
SB40-CSA1,1324,1511
343.50
(8) (c) 1. Notwithstanding par. (b) and ss. 343.027, 343.14 (2j), and
12343.237 (2), the department shall, upon request, provide to the driver licensing
13agencies of other jurisdictions any record maintained by the department of
14transportation under this subsection, including providing electronic access to any
15such record.