AB40: Bill Text

AB40, s. 3134 Section 3134. 342.15 (1) (a) of the statutes is amended to read:

AB40,1141,11 342.15 (1) (a) If an owner transfers an interest in a vehicle, other than by the creation of a security interest, the owner shall comply with the requirements of s. 342.155 and, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee, except that if the vehicle being transferred is a junk vehicle or has been junked, the owner shall return the certificate to the department in accordance with s. 342.34.

AB40, s. 3135 Section 3135. 342.15 (1) (c) of the statutes is amended to read:

AB40,1141,17 342.15 (1) (c) If an owner transfers his or her interest in a salvage vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee.

AB40, s. 3136 Section 3136. 342.15 (5) of the statutes is amended to read:

AB40,1141,24 342.15 (5) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by sub. (1), or the owner or person in possession of such certificate of title, as shown by the records of the department, who fails to deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.

AB40, s. 3137 Section 3137. 342.20 (1) of the statutes is amended to read:

AB40,1142,7 342.20 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and the owner or person in possession of the owner's certificate, as shown by the records of the department, shall cause the certificate, application and the required fee to be delivered to the secured party.

AB40, s. 3138 Section 3138. 342.20 (3) of the statutes is amended to read:

AB40,1142,18 342.20 (3) Upon receipt of the certificate of title, application, and the required fee, or upon receipt of the security interest statement and required fee if the secured party has utilized the process specified in s. 342.245 (1), the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to such new secured party, unless the secured party utilized the process specified in s. 342.245 (1), and to the register of deeds of the county of the owner's residence, memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.

AB40, s. 3139 Section 3139. 342.22 (1) (intro.) of the statutes is amended to read:

AB40,1143,2 342.22 (1) (intro.) Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall mail or deliver the certificate of title for the vehicle to the department if the secured party is in possession of the certificate and shall also do one of the following:

AB40, s. 3140 Section 3140. 342.22 (2) of the statutes is amended to read:

AB40,1143,12 342.22 (2) An If an owner, other than a dealer holding the vehicle for resale, is in possession of the owner's certificate of title, the owner, upon receipt of the release and notice of obligation delivered under sub. (1) (a), shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate. Upon receipt of the notice under sub. (1) (b), the owner may, in the form and manner prescribed by the department and without additional fee, deliver an application and the certificate of title to the department and the department shall issue a new certificate of title free of the security interest notation.

AB40, s. 3141 Section 3141. 342.23 (2) (a) of the statutes is renumbered 342.23 (2) and amended to read:

AB40,1143,20 342.23 (2) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

AB40, s. 3142 Section 3142. 342.23 (2) (b) of the statutes is repealed.

AB40, s. 3143 Section 3143. 342.23 (4) of the statutes is amended to read:

AB40,1144,2 342.23 (4) Any owner or other person in possession of the owner's certificate of title who fails to deliver the certificate of title to a secured party requesting it pursuant to sub. (2) (a) shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.

AB40, s. 3144 Section 3144. 343.03 (3r) of the statutes is created to read:

AB40,1144,10 343.03 (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.

AB40, s. 3145 Section 3145. 343.06 (1) (L) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40,1144,14 343.06 (1) (L) To any person who does not satisfy the requirements under s. 343.165 (1).

AB40, s. 3146 Section 3146. 343.065 (3) of the statutes is created to read:

AB40,1144,21 343.065 (3) (a) If a person issued any commercial driver license under this chapter authorizing operation of commercial motor vehicles in interstate commerce does not have on file with the department a current certification specified in s. 343.14 (2) (i) 1. covering the person's physical qualifications, the department may downgrade the commercial driver license to a restricted commercial driver license under this section and impose a "K" restriction on the license.

AB40,1145,4 (b) The department shall promulgate rules to define "downgrade" in accordance with federal law and regulations or guidance from the applicable federal agency, to establish the process for downgrading a commercial driver license and whether or not a new commercial driver license document will be issued after a commercial driver license is downgraded, and to establish the process for reinstating a downgraded commercial driver license after the department receives from the licensee a valid medical certification or other appropriate certification of physical qualifications.

AB40, s. 3147 Section 3147. 343.10 (7) (d) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40,1145,12 343.10 (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.

AB40, s. 3148 Section 3148. 343.11 (1) of the statutes is amended to read:

AB40,1146,3 343.11 (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.

AB40, s. 3149 Section 3149. 343.11 (3) of the statutes is amended to read:

AB40,1146,8 343.11 (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.

AB40, s. 3150 Section 3150 . 343.11 (3) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,1146,16 343.11 (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).

AB40, s. 3151 Section 3151. 343.14 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB40,1146,25 343.14 (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).

AB40, s. 3152 Section 3152. 343.14 (3m) of the statutes is created to read:

AB40,1147,8 343.14 (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.

AB40, s. 3153 Section 3153. 343.165 (1) (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1147,17 343.165 (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:

AB40, s. 3154 Section 3154. 343.165 (2) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1147,25 343.165 (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).

AB40,1148,3 (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.

AB40, s. 3155 Section 3155. 343.165 (3) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1148,9 343.165 (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).

AB40, s. 3156 Section 3156. 343.165 (4) (a) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1148,19 343.165 (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).

AB40, s. 3157 Section 3157. 343.165 (4) (c) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1149,2 343.165 (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.

AB40, s. 3158 Section 3158. 343.165 (4) (d) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1149,13 343.165 (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.

AB40, s. 3159 Section 3159. 343.165 (5) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB40,1149,22 343.165 (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.

AB40, s. 3160 Section 3160. 343.165 (7) of the statutes is created to read:

AB40,1150,3 343.165 (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:

AB40,1150,5 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).

AB40,1150,9 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].

AB40,1150,13 (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].

AB40, s. 3161 Section 3161. 343.17 (3) (a) 2. of the statutes is amended to read:

AB40,1150,16 343.17 (3) (a) 2. A color photograph of the person , unless the exception under s. 343.14 (3m) applies.

AB40, s. 3162 Section 3162. 343.17 (3) (a) 14. of the statutes is created to read:

AB40,1150,23 343.17 (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.

AB40, s. 3163 Section 3163. 343.17 (5) of the statutes is amended to read:

AB40,1151,5 343.17 (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.

AB40, s. 3164 Section 3164. 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:

AB40,1151,13 343.17 (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).

AB40, s. 3165 Section 3165. 343.20 (2) (a) of the statutes is amended to read:

AB40,1151,20 343.20 (2) (a) The At least 30 days prior to the expiration of an operator's license, the department shall mail to the provide to the licensee notice of renewal of the license either by mail at the licensee's last-known address of a licensee at least 30 days prior to the expiration of the license a notice of the date upon which the license must be renewed or, if desired by the licensee, by any electronic means offered by the department.

AB40, s. 3166 Section 3166. 343.20 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,1152,4 343.20 (2) (a) At least 30 days prior to the expiration of an operator's license, the department shall provide to the licensee notice of renewal of the license either by mail at the licensee's last-known address or, if desired by the licensee, by any electronic means offered by the department. If the license was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the notice shall inform the licensee of the requirement under s. 343.165 (4) (c).

AB40, s. 3167 Section 3167. 343.20 (2) (b) of the statutes is amended to read:

AB40,1152,16 343.20 (2) (b) Notwithstanding par. (a), at least 60 days prior to the expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of transportation shall mail provide a notice to the licensee either by mail at the licensee's last-known address of the licensee or, if desired by the licensee, by any electronic means offered by the department of transportation that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 30 days before expiration of the endorsement.

AB40, s. 3168 Section 3168. 343.21 (2) (a) of the statutes is renumbered 343.21 (2) (a) 1. and amended to read:

AB40,1153,2 343.21 (2) (a) 1. In addition to the fees set under sub. (1), any applicant whose application for a permit, license, upgrade or endorsement, taken together with the applicant's currently valid license, if any, requires the department to administer a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay to the department an examination fee of $20 for an examination in a commercial motor vehicle other than a school bus, $15 for an examination in a "Class D" vehicle, and $15 for an examination in any other vehicle. Payment

AB40,1153,8 2. Except as provided in subd. 3., payment of the applicable examination fee under subd. 1. entitles the applicant to not more than 3 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license, or endorsement in 3 such tests, then a 2nd examination fee in the same amount shall be paid, which payment entitles the applicant to not more than 3 additional tests.

AB40, s. 3169 Section 3169. 343.21 (2) (a) 3. of the statutes is created to read:

AB40,1153,15 343.21 (2) (a) 3. For an examination in a "Class D" vehicle, payment of the examination fee under subd. 1. entitles the applicant to not more than 2 tests of the applicant's ability to exercise reasonable control in the operation of a motor vehicle. If the applicant does not qualify for issuance of a license, upgraded license, or endorsement in these 2 tests, then the applicant shall pay an additional examination fee of $15 for each examination thereafter.

AB40, s. 3170 Section 3170. 343.315 (2) (h) of the statutes is amended to read:

AB40,1154,4 343.315 (2) (h) Except as provided in par. (i), a person shall be disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or 2 years if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under s. 343.44. In this paragraph, "out-of-service violation" means violating s. 343.44 (1) (c) or a law of another jurisdiction for an offense therein which, if committed in this state, would have been a violation of s. 343.44 (1) (c), by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law, if the operator holds a commercial driver license or is required to hold a commercial driver license to operate the commercial motor vehicle.

AB40, s. 3171 Section 3171. 343.44 (1) (c) of the statutes is amended to read:

AB40,1154,13 343.44 (1) (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law. No person may operate a commercial motor vehicle for which the motor carrier identified on the motor vehicle's registration application as the motor carrier responsible for safety of the vehicle has been issued a federal out-of-service order for unsatisfactory safety compliance, while this federal out-of-service order is in effect.

AB40, s. 3172 Section 3172. 343.50 (1) of the statutes is renumbered 343.50 (1) (a).

AB40, s. 3173 Section 3173. 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:

AB40,1154,19 343.50 (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.

AB40,1155,4 (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.

AB40,1155,9 (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).

AB40, s. 3174 Section 3174. 343.50 (1) (c) of the statutes is created to read:

AB40,1155,14 343.50 (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.

AB40, s. 3175 Section 3175. 343.50 (3) of the statutes is amended to read: