AB7: Bill Text

AB7, s. 97 Section 97. 165.8287 (3) (d) of the statutes, as created by 2009 Wisconsin Act 167, is amended to read:

AB7,58,16 165.8287 (3) (d) The department of justice shall maintain a record, which may be electronic, of each request by a law enforcement agency for a photograph under this subsection and of the response to the request. Except as provided in s. 343.237 (9), the department of justice may not disclose any record or other information concerning or relating to the request to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, the applicant under s. 343.14 (3) or, 343.50 (4), or 343.505 (2) (b), or, if the applicant is under 18 years of age, his or her parent or guardian. Records maintained under this paragraph shall be maintained for at least 12 months.

AB7, s. 98 Section 98. 343.19 (title) of the statutes is amended to read:

AB7,58,18 343.19 (title) Duplicate licenses or identification cards or certificates.

AB7, s. 99 Section 99. 343.19 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is repealed and recreated to read:

AB7,59,11 343.19 (1) If a license issued under this chapter, an identification card issued under s. 343.50, or an identification certificate issued under s. 343.505 is lost or destroyed or the name or address named in the license, identification card, or identification certificate is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. or s. 343.505 (3) (b) 9. no longer applies, the person to whom the license, identification card, or identification certificate was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license, identification card, or identification certificate has been lost or destroyed or that application for a duplicate license, identification card, or identification certificate is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. or s. 343.505 (3) (b) 9. no longer applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age and is applying for a duplicate license or identification card, the application shall include the information required under s. 343.14 (2) (em). If the original license, identification card, or identification certificate is found it shall immediately be transmitted to the department.

AB7, s. 100 Section 100. 343.19 (2) (intro.) of the statutes is amended to read:

AB7,59,16 343.19 (2) (intro.) No person may knowingly make a false statement or fail to return the original license or, identification card, or identification certificate to the department upon finding it or fail to comply with any other requirement of this section relating to an application for any of the following:

AB7, s. 101 Section 101. 343.19 (2) (c) of the statutes is created to read:

AB7,59,18 343.19 (2) (c) A duplicate identification certificate.

AB7, s. 102 Section 102. 343.22 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is repealed and recreated to read:

AB7,60,2 343.22 (2) Whenever any person, after applying for or receiving a license under this chapter, an identification card under s. 343.50, or an identification certificate under s. 343.505, moves from the address named in the application or in the license, identification card, or identification certificate issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 30 days thereafter, do one of the following:

AB7,60,7 (a) Apply for a duplicate license, identification card, or identification certificate showing on the application the correct full legal name and address. The licensee, identification card holder, or identification certificate holder shall return the current license, identification card, or identification certificate to the department along with the application for duplicate.

AB7,60,11 (b) In lieu of applying for a duplicate license, identification card, or identification certificate, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license.

AB7, s. 103 Section 103. 343.22 (2m) of the statutes, as affected by 2007 Wisconsin Act 20, section 3274, is repealed and recreated to read:

AB7,60,22 343.22 (2m) Whenever any person, after applying for or receiving a license under this chapter, an identification card under s. 343.50, or an identification certificate under s. 343.505, is notified by the local authorities or by the postal authorities that the address named in the application or in the license, identification card, or identification certificate issued to him or her has been changed and the person applies for a duplicate license, identification card. or identification certificate under sub. (2), no fees shall be charged under s. 343.21 (1) (L) and (n), 343.50 (5m) and (7), or s. 343.505 (4) (a) 2. for the duplicate license, identification card, or identification certificate.

AB7, s. 104 Section 104. 343.22 (3) of the statutes, as affected by 2007 Wisconsin Act 20, section 3276, is repealed and recreated to read:

AB7,61,10 343.22 (3) When the name of a licensee, identification card holder, or identification certificate holder is changed, such person shall, within 30 days thereafter, apply for a duplicate license, identification card, or identification certificate showing the correct full legal name and address. The licensee, identification card holder, or identification certificate holder shall return the current license, identification card, or identification certificate to the department along with the application for a duplicate. If the licensee holds more than one type of license under this chapter, the licensee shall return all such licenses to the department along with one application and fees for a duplicate license for which the licensee may be issued a duplicate of each such license.

AB7, s. 105 Section 105. 343.235 (title) of the statutes is amended to read:

AB7,61,13 343.235 (title) Access to license and identification card and certificate records.

AB7, s. 106 Section 106. 343.237 (title) of the statutes is amended to read:

AB7,61,16 343.237 (title) Access to license and identification card and certificate photographs and fingerprints.

AB7, s. 107 Section 107. 343.237 (2) of the statutes, as affected by 2009 Wisconsin Act 167, section 3, is repealed and recreated to read:

AB7,61,25 343.237 (2) Any photograph taken of an applicant under s. 343.14 (3), 343.50 (4), or 343.505 (2) (b), and any fingerprint taken of an applicant under s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section and s. 165.8287, shall be kept confidential. Except as provided in this section and s. 165.8287, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.

AB7, s. 108 Section 108. 343.237 (3) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20, is repealed and recreated to read:

AB7,62,8 343.237 (3) (intro.) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3), 343.50 (4), or 343.505 (2) (b), or a printed or electronic copy of a fingerprint taken of an applicant under s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:

AB7, s. 109 Section 109. 343.237 (6) of the statutes is amended to read:

AB7,62,17 343.237 (6) For each copy of a photograph or fingerprint provided under sub. (3) or (4), the department shall record and maintain the written request for the copy of the photograph or fingerprint and may not disclose any record or other information concerning or relating to the written request to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, the applicant, licensee, or identification card or identification certificate holder or, if the applicant, licensee, or identification card holder is under 18 years of age, his or her parent or guardian.

AB7, s. 110 Section 110. 343.43 (2) of the statutes is amended to read:

AB7,62,24 343.43 (2) Whenever a license or, identification card which, or identification certificate that appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or, identification card, or identification certificate and return it to the department for cancellation. A notation of change of address properly endorsed on the license under s. 343.22 shall not of itself be reason to consider the license altered.

AB7, s. 111 Section 111. Subchapter V (title) of chapter 343 [precedes 343.50] of the statutes is amended to read:

AB7,63,3 CHAPTER 343

AB7,63,4 SUBCHAPTER V

AB7,63,6 IDENTIFICATION CARDS and certificates

AB7, s. 112 Section 112. 343.50 (3) of the statutes is amended to read:

AB7,63,16 343.50 (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.

AB7, s. 113 Section 113. 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:

AB7,64,6 343.50 (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 or identification certificate 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). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB7, s. 114 Section 114. 343.50 (4) of the statutes is amended to read:

AB7,64,16 343.50 (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).

AB7, s. 115 Section 115. 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:

AB7,65,3 343.50 (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), 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). Except with respect to renewals described in s. 343.165 (4) (d), 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).

AB7, s. 116 Section 116. 343.50 (4g) of the statutes is created to read:

AB7,65,13 343.50 (4g) Photograph requirement; exception. An application may be processed and an original or renewal identification card issued under this section without a photograph being taken to comply with subs. (3) and (4) to an applicant who requests the identification card without charge under sub. (5) or (6) and who 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; stating that the tenets of the religion prohibit him or her from being photographed; and stating that he or she requests the identification card for the purpose of voting.

AB7, s. 117 Section 117. 343.50 (4g) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.

AB7, s. 118 Section 118. 343.50 (5) (a) 1. of the statutes is amended to read:

AB7,65,19 343.50 (5) (a) 1. Except as provided in subd. 2., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18 or, upon request of the applicant, without charge.

AB7, s. 119 Section 119 . 343.50 (5) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 28, section 2958, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB7,65,25 343.50 (5) (a) 1. Except as provided in subd. 2., 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.

AB7, s. 120 Section 120. 343.50 (6) of the statutes is amended to read:

AB7,66,15 343.50 (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 or, upon request of the identification card holder, without charge. 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.

AB7, s. 121 Section 121. 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:

AB7,67,2 343.50 (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.

AB7, s. 122 Section 122. 343.505 of the statutes is created to read:

AB7,67,6 343.505 Identification certificates. (1) Issuance. (a) The department shall issue, as provided in this section, identification certificates to eligible applicants upon proper application and payment of all required fees.

AB7,67,9 (b) A person is eligible for an identification certificate under this section if the person provides the information that is required to be provided by an elector under s. 6.33 (1) and signs a statement affirming that the information is correct.

AB7,67,14 (2) Application. (a) Every application to the department for an identification certificate or for renewal of an identification certificate shall be made upon the appropriate form furnished by the department and shall be accompanied by all required fees. The application for an identification certificate shall include all of the following:

AB7,67,16 1. The information required to be provided under sub. (1) (b), with a signed statement affirming that the information is correct.

AB7,67,17 2. The applicant's color of eyes, color of hair, sex, height, weight, and race.

AB7,67,18 3. a. Except as provided in subd. 3. b., the applicant's social security number.

AB7,67,23 b. If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation, on a form prescribed by the department, that the applicant does not have a social security number. An identification certificate issued or renewed in reliance on a statement submitted under this subd. 3. b. is invalid if the statement is false.

AB7,67,25 4. A statement as to whether the applicant holds any valid operator's license or identification card issued by this state or any other jurisdiction.

AB7,68,2 5. A designation or reversal of a designation under s. 85.103 (2), if the applicant chooses to make such designation or reversal.

AB7,68,3 6. Satisfactory proof of the applicant's name and date of birth.

AB7,68,4 7. Documentary proof that the applicant is a citizen of the United States.

AB7,68,7 8. Such further information as the department may reasonably require to enable it to identify the applicant and to determine whether the applicant is entitled by law to an identification certificate.

AB7,68,11 (b) 1. Except as provided in subd 2., the department shall, as part of the application process, take a photograph of the applicant, which shall appear on the identification certificate as provided in sub. (3). Except as provided in subd. 2., no application may be processed without the photograph being taken.

AB7,68,19 2. An application for an identification certificate may be processed and an original or renewal identification certificate issued under this section without a photograph being taken if the applicant requests an identification certificate without charge and 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; stating that the tenets of the religion prohibit him or her from being photographed; and stating that he or she requests the identification certificate for the purpose of voting.

AB7,68,22 (c) Names, addresses, 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.

AB7,69,6 (3) Design and contents of identification certificates. (a) Identification certificates shall be the same size as an operator's license but shall be of a design that is readily distinguishable from the design of operator's licenses and identification cards. Each identification certificate shall bear upon it the words "IDENTIFICATION CERTIFICATE." Identification certificates shall clearly state on their face that they may not be accepted by any federal agency for federal identification or any other official purpose and shall use a unique design or color indicator to alert federal agency and other law enforcement personnel that they may not be accepted for any such purpose.

AB7,69,8 (b) The front side of the identification certificate shall include all of the following:

AB7,69,9 1. The name, date of birth, and residence address of the person.

AB7,69,10 2. Except as provided in sub. (2) (b) 2., a color photograph of the person.

AB7,69,12 3. A physical description of the person, including sex, height, weight, and hair and eye color, but excluding any mention of race.

AB7,69,13 4. The person's signature.

AB7,69,14 5. The name of this state.

AB7,69,16 6. A unique identifying identification certificate number assigned by the department.

AB7,69,17 7. The date of issuance of the identification certificate.

AB7,69,18 8. The date of expiration of the identification certificate.

AB7,69,23 9. If the person has not attained the legal drinking age, as defined in s. 125.02 (8m), at the time of issuance of the identification certificate, a distinctive appearance specified by the department that clearly identifies to the public that the person had not attained the legal drinking age at the time of issuance of the identification certificate.

AB7,70,3 (4) Valid period; fees. (a) 1. Except as provided in subd. 3., the fee for an original identification certificate, for renewal of an identification certificate, and for reinstatement of an identification certificate after cancellation is $18.

AB7,70,5 2. Except as provided in subd. 3., the fee for a duplicate identification certificate is $6.

AB7,70,8 3. If the applicant requests that the identification certificate be issued, renewed, or reinstated, or a duplicate identification certificate be issued, without charge, the department may not charge any fee for the identification certificate.

AB7,70,12 (b) An original or reinstated identification certificate shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed identification certificate shall be valid for the succeeding period of 8 years from the certificate's last expiration date.

AB7,70,15 (c) At least 30 days prior to the expiration of an identification certificate, the department shall mail a renewal application to the last-known address of the certificate holder.

AB7,70,18 (5) Records and other information. (a) The department shall maintain records of all identification certificate holders under this section in a manner prescribed by the department by rule.

AB7,71,5 (b) The department may not disclose any record or other information concerning or relating to an applicant or identification certificate holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the applicant or identification certificate holder. Except for photographs for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer, or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

AB7,71,7 (6) Cancellation. (a) The department shall cancel an identification certificate under any of the following circumstances:

AB7,71,9 1. Whenever the department determines that the identification certificate was issued upon an application that contains a false statement as to any material matter.