LRB-2542/1
ARG&DAK:jld:rs
2005 - 2006 LEGISLATURE
April 22, 2005 - Introduced by Representatives Vruwink, Shilling, Ainsworth,
Molepske, Kreibich, Sheridan, Pridemore, Sinicki, Berceau, Pocan, Boyle,
Pope-Roberts, Travis, Hebl
and Seidel, cosponsored by Senators Hansen,
Darling, Risser
and Carpenter. Referred to Committee on Health.
AB356,1,7 1An Act to amend 154.03 (2) (intro.), 155.30 (3) (intro.), 343.135 (3), 343.17 (3)
2(b), 343.20 (2m), 343.50 (3), 343.50 (4) and 343.50 (6); and to create 343.14 (2)
3(gm), 343.14 (7m), 343.17 (3) (a) 14., 343.177 and 343.50 (4r) of the statutes;
4relating to: requiring the Department of Transportation to inquire about and
5offer living will and health care power of attorney forms to applicants for
6driver's licenses and identification cards, and including living will and health
7care power of attorney information on driver's licenses and identification cards.
Analysis by the Legislative Reference Bureau
Under current law, any person aged at least 18 and of sound mind may
voluntarily execute a declaration to physicians (commonly known as a "living will")
authorizing the withholding or withdrawal of life-sustaining procedures or of
feeding tubes when the person is in a terminal condition or is in a persistent
vegetative state. Also under current law, any person aged at least 18 and of sound
mind may voluntarily execute a power of attorney for health care, under which, if the
person is found to be incapacitated, the person's designated agent may make health
care decisions on behalf of the person. The Department of Health and Family
Services (DHFS) is required to prepare and provide copies of living will and health
care power of attorney forms, in quantities, to health care professionals, hospitals,
nursing homes, county clerks, and local bar associations, and individually to private
persons.

This bill requires that the forms for application for an operator's license or
identification card or for a renewal of such a license or card include a question, for
an applicant who is aged at least 18, as to whether the applicant has executed a living
will or health care power of attorney. The application form must indicate the purpose
of asking the question and that the applicant is not required to respond to the
question. If an applicant indicates that he or she has executed a living will or health
care power of attorney and wants the information to appear on the driver's license
document or identification card, the Department of Transportation (DOT) must
request that the applicant write on the driver's license or identification card the
identity of any individual designated as the applicant's agent under a health care
power of attorney and affix a sticker, developed by DOT, to the license document or
identification card. DOT must maintain a record of applicants who have identified
themselves as having executed a living will or health care power of attorney and
make that record available to law enforcement or appropriate persons under
specified circumstances. Whenever an applicant indicates that he or she has not
executed a living will or health care power of attorney, and whenever DOT mails a
notice of license renewal to a licensee who, by DOT's records, has not previously
executed a living will or health care power of attorney, DOT must offer the applicant,
or mail to the licensee, the living will and health care power of attorney forms. The
bill requires DHFS to provide copies of living will and health care power of attorney
forms to DOT.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB356, s. 1 1Section 1. 154.03 (2) (intro.) of the statutes is amended to read:
AB356,3,82 154.03 (2) (intro.) The department shall prepare and provide copies of the
3declaration and accompanying information for distribution in quantities to health
4care professionals, hospitals, nursing homes, county clerks and, local bar
5associations, and the department of transportation and individually to private
6persons. The department shall include, in information accompanying the
7declaration, at least the statutory definitions of terms used in the declaration,
8statutory restrictions on who may be witnesses to a valid declaration, a statement
9explaining that valid witnesses acting in good faith are statutorily immune from civil
10or criminal liability, an instruction to potential declarants to read and understand

1the information before completing the declaration and a statement explaining that
2an instrument may, but need not be, filed with the register in probate of the
3declarant's county of residence. The department may charge a reasonable fee for the
4cost of preparation and distribution. The declaration distributed by the department
5of health and family services shall be easy to read, the type size may be no smaller
6than 10 point, and the declaration shall be in the following form, setting forth on the
7first page the wording before the ATTENTION statement and setting forth on the
82nd page the ATTENTION statement and remaining wording:
AB356, s. 2 9Section 2. 155.30 (3) (intro.) of the statutes is amended to read:
AB356,3,2310 155.30 (3) (intro.) The department shall prepare and provide copies of a power
11of attorney for health care instrument and accompanying information for
12distribution in quantities to health care professionals, hospitals, nursing homes,
13multipurpose senior centers, county clerks and, local bar associations, and the
14department of transportation
and individually to private persons. The department
15shall include, in information accompanying the copy of the instrument, at least the
16statutory definitions of terms used in the instrument, statutory restrictions on who
17may be witnesses to a valid instrument, a statement explaining that valid witnesses
18acting in good faith are statutorily immune from civil or criminal liability and a
19statement explaining that an instrument may, but need not, be filed with the register
20in probate of the principal's county of residence. The department may charge a
21reasonable fee for the cost of preparation and distribution. The power of attorney for
22health care instrument distributed by the department shall include the notice
23specified in sub. (1) and shall be in the following form:
AB356, s. 3 24Section 3. 343.135 (3) of the statutes is amended to read:
AB356,4,7
1343.135 (3) Design of license. The special restricted license shall be of the
2same size and general design of the operator's license, except that it shall bear the
3words "SPECIAL RESTRICTED LICENSE". The information on the license shall
4be the same as specified under s. 343.17 (3) and the holder may affix a decal thereto
5as provided in s. 343.175 (3) or a sticker thereto as provided in s. 343.177 (2). All
6restrictions imposed under sub. (6) shall be listed on the license or on an attachment
7thereto.
AB356, s. 4 8Section 4. 343.14 (2) (gm) of the statutes is created to read:
AB356,4,119 343.14 (2) (gm) If the applicant is aged at least 18, a question as to whether the
10applicant has executed a declaration to physicians under ch. 154 or a power of
11attorney for health care under ch. 155. The form shall indicate the following:
AB356,4,1312 1. That the applicant is not required to respond to the question under this
13paragraph in order to obtain a license.
AB356,4,1814 2. That the purpose of asking the question is to encourage the use of a
15declaration to physicians in the event that the applicant has a terminal condition or
16is in a persistent vegetative state and to encourage the designation of an individual
17to serve as the applicant's agent under a power of attorney for health care in the event
18that the applicant has incapacity to make health care decisions.
AB356, s. 5 19Section 5. 343.14 (7m) of the statutes is created to read:
AB356,4,2320 343.14 (7m) (a) If an applicant, in response to a question under sub. (2) (gm),
21indicates that he or she has not executed a declaration to physicians or a power of
22attorney for health care, the department shall offer the applicant the forms provided
23under ss. 154.03 (2) (intro.) and 155.30 (3) (intro.).
AB356,5,1324 (b) The department shall maintain a record of applicants who respond in the
25affirmative to the question under sub. (2) (gm) and who desire this information to be

1recorded with the department. In the event that an applicant has a terminal
2condition or is in a persistent vegetative state or has incapacity to make health care
3decisions, at the request of a law enforcement officer or other appropriate person, as
4determined by the department, the department shall examine its records and shall
5advise the law enforcement officer or other person as to whether the applicant is
6recorded as having executed a declaration to physicians under ch. 154 or a power of
7attorney for health care under ch. 155. An applicant may notify the department in
8writing at any time if he or she wishes to include his or her name in the record
9maintained by the department under this paragraph. An applicant who revokes his
10or her declaration to physicians under ch. 154 or power of attorney for health care
11under ch. 155 and who has requested that his or her name be included in the record
12under this paragraph shall request the department in writing to remove his or her
13name from the record under this paragraph.
AB356, s. 6 14Section 6. 343.17 (3) (a) 14. of the statutes is created to read:
AB356,5,1515 343.17 (3) (a) 14. A space for the sticker under s. 343.177 (2).
AB356, s. 7 16Section 7. 343.17 (3) (b) of the statutes is amended to read:
AB356,6,217 343.17 (3) (b) The reverse side of the license shall contain an explanation of any
18restriction codes or endorsement abbreviations used on the front of the license, in
19sufficient detail to identify the nature of the restrictions or endorsements to a law
20enforcement officer of this state or another jurisdiction. Except for a commercial
21driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3)
22(b) and (e), a part of the reverse side of each license shall be printed to serve as a
23document of gift under s. 157.06 (2) (b) and (c) or a document of refusal to make an
24anatomical gift under s. 157.06 (2) (i). A part of the reverse side of each license shall

1be printed to allow an applicant to identify an individual designated as the
2applicant's agent under a power of attorney for health care
.
AB356, s. 8 3Section 8. 343.177 of the statutes is created to read:
AB356,6,13 4343.177 Living will and health care power of attorney information. (1)
5If an applicant makes an affirmative response to the inquiry under s. 343.14 (2) (gm)
6or s. 343.50 (4) that the applicant has executed a declaration to physicians under ch.
7154 or a power of attorney for health care under ch. 155 and desires this information
8to be recorded with the department and the applicant also desires that the
9information appear on the license document or identification card, the department
10shall request, at the time of application, that the applicant write on the license or
11identification card the identity of any individual designated as the applicant's agent
12under a power of attorney for health care and affix a sticker, as described in sub. (2),
13to the front side of the license document or identification card.
AB356,6,17 14(2) (a) The department shall designate a space on the front side of each license
15document and identification card where the licensee or card holder may affix a
16sticker indicating that the licensee or card holder has executed a declaration to
17physicians under ch. 154 or a power of attorney for health care under ch. 155 or both.
AB356,6,2118 (b) The department shall develop and make available to each applicant a
19sticker for use under par. (a). The sticker shall be of a distinctive design and shall
20not conceal any of the contents required by s. 343.17 (3) or 343.50 (3) when properly
21placed.
AB356,7,2 22(3) If the applicant revokes a declaration to physicians under ch. 154 or a power
23of attorney for health care under ch. 155, or changes the individual designated as the
24applicant's agent under a power of attorney for health care, the applicant shall cross
25out or amend the applicable portion of the license document or identification card,

1if possible, and provide notice to the department as required under s. 343.14 (7m) (b)
2or 343.50 (4r) (c).
AB356, s. 9 3Section 9. 343.20 (2m) of the statutes is amended to read:
AB356,7,104 343.20 (2m) The department shall include with the notice that it mails under
5sub. (2) information regarding the requirements of s. 347.48 (4) and, information, as
6developed by all organ procurement organizations in cooperation with the
7department, that promotes anatomical donations and which relates to the
8anatomical donation opportunity available under s. 343.175, and, if the licensee has
9not previously made an affirmative response to the inquiry under s. 343.14 (2) (gm),
10the forms specified in s. 343.14 (7m) (a)
.
AB356, s. 10 11Section 10. 343.50 (3) of the statutes is amended to read:
AB356,7,2212 343.50 (3) Design and contents of card. The card shall be the same size as
13an operator's license but shall be of a design which is readily distinguishable from
14the design of an operator's license and bear upon it the words "IDENTIFICATION
15CARD ONLY". The information on the card shall be the same as specified under s.
16343.17 (3). The card may serve as a document of gift under s. 157.06 (2) (b) and (c)
17and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may
18also serve as a document of refusal to make an anatomical gift under s. 157.06 (2) (i).
19The card may contain the information specified under s. 343.177 and the holder may
20affix a sticker thereto as provided in s. 343.177 (2).
The card shall contain the
21holder's photograph and, if applicable, shall be of the design specified under s. 343.17
22(3) (a) 12.
AB356, s. 11 23Section 11. 343.50 (4) of the statutes is amended to read:
AB356,8,624 343.50 (4) Application. The application for an identification card shall include
25any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and

1(em), and (gm), and such further information as the department may reasonably
2require to enable it to determine whether the applicant is entitled by law to an
3identification card. The department shall, as part of the application process, take a
4photograph of the applicant to comply with sub. (3). No application may be processed
5without the photograph being taken. Misrepresentations in violation of s. 343.14 (5)
6are punishable as provided in s. 343.14 (9).
AB356, s. 12 7Section 12. 343.50 (4r) of the statutes is created to read:
AB356,8,168 343.50 (4r) Living will and health care power of attorney information. (a)
9If the applicant makes an affirmative response to the question under sub. (4) that he
10or she has executed a declaration to physicians under ch. 154 or a power of attorney
11for health care under ch. 155 and desires this information to be recorded with the
12department and the applicant also desires that the information appear on the
13identification card, the department shall request, at the time of application, that the
14applicant write on the identification card the identity of any individual designated
15as the applicant's agent under a power of attorney for health care and affix a sticker
16to the front side of the identification card as provided in s. 343.177 (2).
AB356,8,2017 (b) If an applicant in response to a question under sub. (4) indicates that he or
18she has not executed a declaration to physicians under ch. 154 or a power of attorney
19for health care under ch. 155, the department shall offer the applicant the forms
20provided under ss. 154.03 (2) (intro.) and 155.30 (3) (intro.).
AB356,9,721 (c) The department shall maintain a record of applicants who make an
22affirmative response to the question under sub. (4) that they have executed a
23declaration to physicians under ch. 154 or a power of attorney for health care under
24ch. 155 and desire this information to be recorded with the department. The record
25may be used in the manner and for the purposes specified in s. 343.14 (7m) (b). An

1applicant may notify the department in writing at any time if he or she wishes to
2include his or her name in the record maintained by the department under this
3paragraph. An applicant who revokes his or her declaration to physicians under ch.
4154 or power of attorney for health care under ch. 155 and who has requested that
5his or her name be included in the record under this paragraph shall request the
6department in writing to remove his or her name from the record under this
7paragraph.
AB356, s. 13 8Section 13. 343.50 (6) of the statutes is amended to read:
AB356,9,199 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the
10department shall mail a renewal application to the last-known address of each
11identification card holder. The department shall include with the application
12information, as developed by all organ procurement organizations in cooperation
13with the department, that promotes anatomical donations and which relates to the
14anatomical donation opportunity available under s. 343.175 and, if the identification
15card holder has not previously made an affirmative response to the question under
16sub. (4) that he or she has executed a declaration to physicians under ch. 154 or a
17power of attorney for health care under ch. 155, the forms specified in sub. (4r) (b)
.
18The fee for a renewal identification card shall be $9, which card shall be valid for 4
19years.
AB356, s. 14 20Section 14. Initial applicability.
AB356,9,2421 (1) This act first applies to applications for an operator's license or
22identification card, or renewal of an operator's license or identification card,
23submitted to the department of transportation on the effective date of this
24subsection.
AB356, s. 15 25Section 15. Effective date.
AB356,10,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
AB356,10,33 (End)
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