SB40: Bill Text

SB40, s. 3227 Section 3227. 343.05 (1) (a) of the statutes is amended to read:

SB40,1450,19 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province, or subdivision that is a party to an agreement under s. 343.16 (1) (d).

SB40, s. 3228 Section 3228. 343.05 (5) (b) 1. of the statutes is amended to read:

SB40,1451,5 343.05 (5) (b) 1. Except as provided in subd. 2. and sub. (6), any person who violates sub. (3) (a) may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section or a violation of, a law of a federally recognized American Indian tribe or band in this state in conformity with this section, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation under this section, shall count as a previous offense.

SB40, s. 3229 Section 3229. 343.06 (1) (bm) of the statutes is created to read:

SB40,1451,13 343.06 (1) (bm) To any person whose operating privilege is currently suspended, revoked, or canceled by another jurisdiction for an offense or combination of offenses identified in the rules under s. 343.02 (3) (b), except if the operating privilege was suspended, revoked, or canceled by another jurisdiction for failure to comply with a judgment in that other jurisdiction and at least 5 years have elapsed since the operating privilege was suspended, revoked, or canceled for failure to comply.

SB40, s. 3230 Section 3230. 343.06 (1) (j) of the statutes is repealed.

SB40, s. 3231 Section 3231. 343.06 (1) (L) of the statutes, as created by 2005 Wisconsin Act 126, is amended to read:

SB40,1451,18 343.06 (1) (L) To any person who does not provide the documentary proof described in s. 343.14 (2) (er) satisfy the requirements under s. 343.165.

SB40, s. 3232 Section 3232. 343.06 (2) of the statutes is amended to read:

SB40,1452,3 343.06 (2) The department shall not issue a commercial driver license, including a renewal or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987, or to any person whose operating privilege is revoked, suspended, or canceled. Any With respect to any person who is known to the department to be subject to disqualification as described in s. 343.44 (1) (d), the department shall be disqualified by the department as provided order the person disqualified or provide notice as specified in s. 343.315.

SB40, s. 3233 Section 3233. 343.085 (4) of the statutes is amended to read:

SB40,1452,12 343.085 (4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws or any law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of this state's traffic laws. A person may not be continued on probationary status due to a suspension under s. 343.30 (6).

SB40, s. 3234 Section 3234. 343.10 (2) (a) (intro.) of the statutes is amended to read:

SB40,1452,16 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

SB40, s. 3235 Section 3235. 343.10 (2) (a) 3. of the statutes is repealed.

SB40, s. 3236 Section 3236. 343.10 (6) of the statutes is amended to read:

SB40,1452,21 343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department the fees specified in s. 343.21 (1) (k) and (n).

SB40, s. 3237 Section 3237. 343.10 (7) (b) of the statutes is amended to read:

SB40,1453,2 343.10 (7) (b) The Subject to s. 343.165 (5), the department shall issue an occupational license as soon as practicable upon receipt of an application to the department under sub. (1) or an order from a court under sub. (4) or s. 351.07 for such a license, if the department determines that the applicant is eligible under sub. (2).

SB40, s. 3238 Section 3238. 343.10 (7) (d) of the statutes is amended to read:

SB40,1453,8 343.10 (7) (d) An occupational license issued by the department under this subsection shall be in the form of a photo license that includes a photograph described in s. 343.14 (3) 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.

SB40, s. 3239 Section 3239. 343.10 (7) (f) of the statutes is amended to read:

SB40,1453,19 343.10 (7) (f) The expiration date of the occupational license is the 2nd working day after the date of termination of the period of revocation or suspension as provided by law, or the expiration date determined under s. 343.20 (1m), whichever is earlier. The occupational license may be revoked, suspended or canceled before termination of that period. An occupational license is not renewable when it expires. If an occupational license expires and is not revoked, suspended or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension or cancellation of an occupational license has the same effect as revocation, suspension or cancellation of any other license.

SB40, s. 3240 Section 3240. 343.135 (1) (a) 3. of the statutes is amended to read:

SB40,1453,21 343.135 (1) (a) 3. Pays the all required fee fees.

SB40, s. 3241 Section 3241. 343.135 (7) of the statutes is amended to read:

SB40,1454,2 343.135 (7) Expiration; renewal. A special restricted operator's license issued under this section shall expire 2 years after the date of issuance. Within 90 days prior to the expiration of a license, the holder of the restricted license may renew the license by paying the all required fee fees and passing the examination under sub. (1) (a) 4.

SB40, s. 3242 Section 3242. 343.14 (1) of the statutes, as affected by 2005 Wisconsin Acts 25 and 59, is repealed and recreated to read:

SB40,1454,10 343.14 (1) Every application to the department for a license or identification card or for renewal thereof shall be made upon the appropriate form furnished by the department and shall be accompanied by all required fees. Names, addresses, license numbers, and social security numbers obtained by the department under this subsection shall be provided to the department of revenue for the purpose of administering ss. 71.93 and 71.935 and state taxes.

SB40, s. 3243 Section 3243. 343.14 (2) (a) and (br) of the statutes are amended to read:

SB40,1454,13 343.14 (2) (a) The full legal name and principal residence address of the applicant;

SB40,1454,23 (br) If the applicant 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 and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of workforce development. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3244 Section 3244 . 343.14 (2) (br) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1455,10 343.14 (2) (br) If the applicant 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 and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of workforce development children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

SB40, s. 3245 Section 3245. 343.14 (2) (er) 1. and 2. of the statutes, as created by 2005 Wisconsin Act 126, are consolidated, renumbered 343.14 (2) (es) (intro.) and amended to read:

SB40,1455,20 343.14 (2) (es) (intro.) Documentary Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), valid documentary proof that the individual is a citizen or national of the United States or documentary proof that the individual is legally present an alien lawfully admitted for permanent or temporary residence in the United States. 2. If the individual is not a citizen of the United States, he or she shall provide documentary proof of his or her status as a legal permanent resident or conditional resident, a or has any of the following:

SB40,1455,22 2. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, a pending or.

SB40,1455,24 3. An approved application for asylum in the United States, valid entry or has entered into the United States in refugee status, a .

SB40,1456,2 5. A pending or approved application for temporary protected status in the United States, approved.

SB40,1456,3 6. Approved deferred action status, or a .

SB40,1456,6 7. A pending application for adjustment of status to legal that of an alien lawfully admitted for permanent resident status residence in the United States or conditional permanent resident status in the United States.

SB40, s. 3246 Section 3246. 343.14 (2) (es) 1. and 4. of the statutes are created to read:

SB40,1456,8 343.14 (2) (es) 1. Conditional permanent resident status in the United States.

SB40,1456,9 4. A pending application for asylum in the United States.

SB40, s. 3247 Section 3247. 343.14 (2) (f) of the statutes is amended to read:

SB40,1456,14 343.14 (2) (f) Such Subject to s. 343.165 (1), such further information as the department considers appropriate to identify the applicant, including biometric data, and such information as the department may reasonably require to enable it to determine whether the applicant is by law entitled to the license applied for;

SB40, s. 3248 Section 3248 . 343.14 (2j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 3249, is amended to read:

SB40,1456,23 343.14 (2j) Except as provided in sub. (2g) (b) and as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22 or, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction.

SB40, s. 3249 Section 3249 . 343.14 (2j) of the statutes, as affected by 2005 Wisconsin Acts 25 and 59 and 2007 Wisconsin Act .... (this act), section 3251, is repealed and recreated to read:

SB40,1457,9 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22 or to the department of revenue for the purposes of administering state taxes and collecting debt.

SB40, s. 3250 Section 3250 . 343.14 (2j) (a) of the statutes is repealed.

SB40, s. 3251 Section 3251 . 343.14 (2j) (b) of the statutes is renumbered 343.14 (2j).

SB40, s. 3252 Section 3252. 343.14 (2r) of the statutes is created to read:

SB40,1457,17 343.14 (2r) Notwithstanding sub. (2j), the department may, upon request, provide to the department of health and family services any applicant information maintained by the department of transportation and identified in sub. (2), including providing electronic access to the information, for the sole purpose of verification by the department of health and family services of birth certificate information.

SB40, s. 3253 Section 3253. 343.14 (3) of the statutes is amended to read:

SB40,1458,3 343.14 (3) 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. Except where specifically exempted by statute or by rule of the department, no No application may be processed without the photograph being taken. In Except as provided in 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). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

SB40, s. 3254 Section 3254. 343.14 (4m) of the statutes is amended to read:

SB40,1458,9 343.14 (4m) The Subject to s. 343.17 (2), the department shall develop designs for licenses and identification cards which are resistant to tampering and forgery no later than January 1, 1989. Licenses and licenses and identification cards issued on or after January 1, 1989, shall incorporate the designs required under this subsection.

SB40, s. 3255 Section 3255. 343.16 (3) (a) of the statutes is amended to read:

SB40,1459,2 343.16 (3) (a) The Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

SB40, s. 3256 Section 3256. 343.16 (5) (a) of the statutes is amended to read:

SB40,1460,2 343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, advanced practice nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or the law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of any of these provisions, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).

SB40, s. 3257 Section 3257. 343.165 of the statutes is created to read:

SB40,1460,9 343.165 Processing license and identification card applications. (1) 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, and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and the department verifies under sub. (3), all of the following information:

SB40,1460,11 (a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

SB40,1460,13 (b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a).

SB40,1460,16 (c) Proof of the applicant's social security number or, except as provided in s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.

SB40,1460,18 (d) Documentation showing the applicant's name and address of principal residence.

SB40,1460,20 (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., the documentary proof described in s. 343.14 (2) (es).

SB40,1461,2 (2) (a) 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).

SB40,1461,5 (b) 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.

SB40,1461,9 (3) (a) Except as provided in pars. (b) and (c), 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).

SB40,1461,11 (b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1).

SB40,1461,17 (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.

SB40,1461,23 (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, if in connection with a prior application after May 10, 2008, the applicant previously presented or provided, and the department verified, the information specified in sub. (1) and the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

SB40,1462,2 (b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in par. (a). The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.

SB40,1462,8 (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) 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.

SB40,1462,16 (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.

SB40,1462,22 (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 licenses, received by the department after May 10, 2008, 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.

SB40,1462,24 (6) During the period in which the department processes an application under this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c).

SB40, s. 3258 Section 3258. 343.17 (1) of the statutes is amended to read:

SB40,1463,3 343.17 (1) License issuance. The Subject to s. 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.

SB40, s. 3259 Section 3259. 343.17 (2) of the statutes is amended to read:

SB40,1463,9 343.17 (2) License document. The license shall be a single document, in one-part one part, consisting of 2 sides, except as otherwise provided in sub. (4) and s. 343.10 (7) (d). The document shall be, to the maximum extent practicable, tamper proof and shall contain physical security features consistent with any requirement under federal law.