Amendment SSA1-SB6

SB6-SSA1,54,5 12.03 (2) (b) 3. No person may engage in electioneering within 100 feet of an entrance to or within a nursing home or, qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home while special voting deputies are present at the home or facility.

SB6-SSA1, s. 83 Section 83. 12.13 (2) (b) 6m. of the statutes is amended to read:

SB6-SSA1,54,10 12.13 (2) (b) 6m. Obtain an absentee ballot for voting in a nursing home or qualified retirement home or, qualified community-based residential facility, qualified residential care apartment complex, or qualified adult family home under s. 6.875 (6) and fail to return the ballot to the issuing officer.

SB6-SSA1, s. 84 Section 84. 12.13 (3) (v) of the statutes is repealed.

SB6-SSA1, s. 85 Section 85. 343.03 (3r) of the statutes is created to read:

SB6-SSA1,54,19 343.03 (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.

SB6-SSA1, s. 86 Section 86. 343.06 (1) (L) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,54,23 343.06 (1) (L) To any person who does not satisfy the requirements under s. 343.165 (1).

SB6-SSA1, s. 87 Section 87. 343.10 (7) (d) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,55,6 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a license that includes a photograph described in s. 343.14 (3), unless the exception under s. 343.14 (3m) applies, and any special restrictions cards under s. 343.17 (4). The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person's license.

SB6-SSA1, s. 88 Section 88. 343.11 (1) of the statutes is amended to read:

SB6-SSA1,55,22 343.11 (1) The department shall not issue a license to a person previously licensed in another jurisdiction unless such person surrenders to the department all valid operator's licenses possessed by the person issued by any other jurisdiction, which surrender operates as a cancellation of the surrendered licenses insofar as the person's privilege to operate a motor vehicle in this state is concerned. When such applicant surrenders the license to the department, the department shall issue a receipt therefor, which receipt shall constitute a temporary license to operate a motor vehicle for a period not to exceed 60 days if the applicant meets the standard required for eyesight and, in the opinion of the examiner, is not a dangerous hazard to the applicant and other users of the highways. Except as provided in s. 343.055, the temporary license shall not be valid authorization for the operation of commercial motor vehicles. The temporary license shall be surrendered to the examiner for cancellation by the department if the 3rd attempt at the driving test is failed and the applicant shall be required to secure a temporary instruction permit for further practice driving.

SB6-SSA1, s. 89 Section 89. 343.11 (3) of the statutes is amended to read:

SB6-SSA1,56,2 343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 30 60 days.

SB6-SSA1, s. 90 Section 90 . 343.11 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB6-SSA1,56,10 343.11 (3) Except as provided in sub. (1), the department may issue a receipt to any applicant for a license, which receipt shall constitute a temporary license to operate a motor vehicle while the application for license is being processed. Such temporary license shall be valid for a period not to exceed 60 days. If the application for a license is processed under the exception specified in s. 343.165 (7), the receipt shall include the marking specified in s. 343.03 (3r).

SB6-SSA1, s. 91 Section 91. 343.14 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,56,19 343.14 (3) The Except as provided in sub. (3m), 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. No Except as provided in sub. (3m), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. 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).

SB6-SSA1, s. 92 Section 92. 343.14 (3m) of the statutes is created to read:

SB6-SSA1,57,2 343.14 (3m) If the application for a license is processed under the exception specified in s. 343.165 (7), the application may be processed and the license 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.

SB6-SSA1, s. 93 Section 93. 343.165 (1) (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,57,11 343.165 (1) (intro.) The Subject to ss. 343.14 (3m) and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card received by the department after May 10, 2008 the effective date of this subsection .... [LRB inserts date], and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

SB6-SSA1, s. 94 Section 94. 343.165 (2) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,57,19 343.165 (2) (a) The Subject to sub. (7), the department shall, in processing any application for an operator's license or identification card under sub. (1), capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50 (8) (a).

SB6-SSA1,57,22 (b) The Subject to sub. (7), the department shall record in the applicant's file under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3) is completed.

SB6-SSA1, s. 95 Section 95. 343.165 (3) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,58,4 343.165 (3) (a) Except as provided in pars. (b) and (c) and subject to sub. (7), the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under sub. (1).

SB6-SSA1, s. 96 Section 96. 343.165 (4) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,58,14 343.165 (4) (a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card received by the department after May 10, 2008 the effective date of this paragraph .... [LRB inserts date], if in connection with a prior application after May 10, 2008 the effective date of this paragraph .... [LRB inserts date], the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

SB6-SSA1, s. 97 Section 97. 343.165 (4) (c) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,58,22 343.165 (4) (c) Notwithstanding pars. (a) and (b), no operator's license displaying the legend required under s. 343.03 (3m) or identification card displaying the legend required under s. 343.50 (3) (a) may be renewed unless the applicant presents or provides valid documentary proof under sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.

SB6-SSA1, s. 98 Section 98. 343.165 (4) (d) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,59,9 343.165 (4) (d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (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.

SB6-SSA1, s. 99 Section 99. 343.165 (5) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB6-SSA1,59,18 343.165 (5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards, received by the department after May 10, 2008 the effective date of this subsection .... [LRB inserts date], be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.

SB6-SSA1, s. 100 Section 100. 343.165 (7) of the statutes is created to read:

SB6-SSA1,59,22 343.165 (7) (a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:

SB6-SSA1,59,24 1. The operator's license contains the marking specified in s. 343.03 (3r) or the identification card contains the marking specified in s. 343.50 (3) (b).

SB6-SSA1,60,4 2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect immediately prior to the effective date of this subdivision .... [LRB inserts date].

SB6-SSA1,60,8 (b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after the effective date of this paragraph .... [LRB inserts date], of operator's licenses or identification cards originally issued prior to the effective date of this paragraph .... [LRB inserts date].

SB6-SSA1, s. 101 Section 101. 343.17 (3) (a) 2. of the statutes is amended to read:

SB6-SSA1,60,11 343.17 (3) (a) 2. A color photograph of the person , unless the exception under s. 343.14 (3m) applies.

SB6-SSA1, s. 102 Section 102. 343.17 (3) (a) 14. of the statutes is created to read:

SB6-SSA1,60,18 343.17 (3) (a) 14. If the license contains the marking specified in s. 343.03 (3r), a distinctive appearance specified by the department that clearly distinguishes the license from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that the license may not be accepted for federal identification or any other official purpose.

SB6-SSA1, s. 103 Section 103. 343.17 (5) of the statutes is amended to read:

SB6-SSA1,60,24 343.17 (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) are not required to include a photograph of the licensee.

SB6-SSA1, s. 104 Section 104. 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:

SB6-SSA1,61,8 343.17 (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).

SB6-SSA1, s. 105 Section 105. 343.50 (1) of the statutes is renumbered 343.50 (1) (a).

SB6-SSA1, s. 106 Section 106. 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:

SB6-SSA1,61,14 343.50 (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.

SB6-SSA1,61,24 (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.

SB6-SSA1,62,5 (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).

SB6-SSA1, s. 107 Section 107. 343.50 (1) (c) of the statutes is created to read:

SB6-SSA1,62,10 343.50 (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.

SB6-SSA1, s. 108 Section 108. 343.50 (3) of the statutes is amended to read:

SB6-SSA1,62,20 343.50 (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.

SB6-SSA1, s. 109 Section 109. 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:

SB6-SSA1,63,10 343.50 (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.

SB6-SSA1,63,14 (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).

SB6-SSA1, s. 110 Section 110. 343.50 (4) of the statutes is amended to read:

SB6-SSA1,63,24 343.50 (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 as provided in sub. (4g), the department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No Except as provided in sub. (4g), 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).

SB6-SSA1, s. 111 Section 111. 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:

SB6-SSA1,64,13 343.50 (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) and except as provided in sub. (4g), 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) (a). Except with respect to renewals described in s. 343.165 (4) (d) and except as provided in sub. (4g), 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).

SB6-SSA1, s. 112 Section 112. 343.50 (4g) of the statutes is created to read:

SB6-SSA1,64,21 343.50 (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.

SB6-SSA1, s. 113 Section 113. 343.50 (4g) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB6-SSA1,65,6 343.50 (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.

SB6-SSA1, s. 114 Section 114. 343.50 (5) (a) of the statutes, as affected by 2009 Wisconsin Act 28, sections 2958 and 2959, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

SB6-SSA1,65,12 343.50 (5) (a) 1. Except as provided in subds. 2. and 3., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

SB6-SSA1,65,14 2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:

SB6-SSA1,65,18 a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.

SB6-SSA1,65,22 b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.

SB6-SSA1,66,2 3. The department may not charge a fee to an applicant for the initial issuance, renewal, or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.

SB6-SSA1, s. 115 Section 115. 343.50 (5) (a) 1. of the statutes is amended to read:

SB6-SSA1,66,6 343.50 (5) (a) 1. Except as provided in subd. subds. 2. and 3., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.

SB6-SSA1, s. 116 Section 116. 343.50 (5) (a) 3. of the statutes is created to read:

SB6-SSA1,66,12 343.50 (5) (a) 3. The department may not charge a fee to an applicant for the initial issuance or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.

SB6-SSA1, s. 117 Section 117. 343.50 (5m) of the statutes is amended to read:

SB6-SSA1,66,19 343.50 (5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2. or 3.

SB6-SSA1, s. 118 Section 118. 343.50 (6) of the statutes is amended to read:

SB6-SSA1,67,10 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application 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 except that, if the identification card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there shall be no fee for renewal of the identification card. The renewal identification 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.

SB6-SSA1, s. 119 Section 119. 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:

SB6-SSA1,67,21 343.50 (6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall mail a renewal application to the last-known address of the card holder. 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 application 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.

SB6-SSA1, s. 120 Section 120 . Nonstatutory provisions.

SB6-SSA1,68,2 (1) Public informational campaign. In conjunction with the first regularly scheduled primary and election at which the voter identification requirements of this act initially apply, the government accountability board shall conduct a public informational campaign for the purpose of informing prospective voters of the voter identification requirements of this act.

SB6-SSA1,68,21 (2) Special procedure at elections held prior to 2012 spring primary. Notwithstanding sections 6.15 (3), 6.18, 6.55 (2) (b) and (c) 1., 6.79 (2) (a), 6.82 (1) (a), 6.86 (1) (ar) and (3) (a) 1., and 6.87 (4) (b) 1. of the statutes, as affected by this act, and section 6.15 (2) (bm) of the statutes, as created by this act, no elector who votes by absentee ballot at an election held prior to the 2012 spring primary is required to provide proof of identification, and an elector who votes at a polling place at an election held prior to the date of the 2012 spring primary shall be requested by the election officials to present proof of identification, but if the elector does not present proof of identification, and the elector is otherwise qualified, the elector's ballot shall be counted without the necessity of presenting proof of identification and without the necessity of casting a provisional ballot. If any elector who votes at a polling place at such an election does not provide proof of identification and would be required to provide proof of identification but for the exemption under this subsection, the election official who provides that elector with a ballot shall also provide to the elector written information prescribed by the government accountability board briefly describing the voter identification requirement created by this act and informing the elector that he or she will be required to comply with that requirement when voting at future elections beginning with the 2012 spring primary unless an exemption applies.

SB6-SSA1, s. 121 Section 121. Effective dates. This act takes effect on the day after publication, except as follows:

SB6-SSA1,69,3 (1) The treatment of section 7.08 (12) of the statutes and Section 120 (1 ) of this act take effect on the day after publication or the day after publication of the 2011-2013 biennial budget act, whichever is later.