343.22(1)(1) Whenever any person, after applying for or receiving a license not containing a photograph under this chapter, moves from the address named in the application or in the license 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 10 days thereafter notify the department in writing of his or her old and new address and of the number of any license then held by the person. The holder of the license shall endorse the new address on his or her present license and need not apply for a duplicate.
343.22(2) (2) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, moves from the address named in the application or in the license or identification card 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 10 days thereafter, do one of the following:
343.22(2)(a) (a) Apply for a duplicate license or identification card showing on the application the correct name and address. The licensee or identification card holder shall return the current license or identification card to the department along with the application for duplicate.
343.22(2)(b) (b) In lieu of applying for a duplicate license or identification card, notify the department in writing of his or her change of address. This paragraph does not apply to persons issued a commercial driver license or a license labeled "CDL-Occupational" as described in s. 343.03 (3) (b) and (e).
343.22(2m) (2m) Whenever any person, after applying for or receiving a license containing a photograph under this chapter, or an identification card under s. 343.50, is notified by the local authorities or by the postal authorities that the address named in the application or in the license or identification card issued to him or her has been changed and the person applies for a duplicate license or identification card under sub. (2), no fee shall be charged under s. 343.21 (1) (L) or 343.50 (7) for the duplicate license or identification card.
343.22(3) (3) When the name of a licensee or identification card holder is changed, such person shall, within 10 days thereafter, apply for a duplicate license or identification card showing the correct name and address. The licensee or identification card holder shall return the current license or identification card 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 fee for a duplicate license for which the licensee may be issued a duplicate of each such license.
343.22(4) (4) Any person who fails to comply with any of the requirements of this section may be required to forfeit not more than $50.
343.23 343.23 Records to be kept by the department.
343.23(1) (1) The department shall maintain a record of every application for license, permit or endorsement received by it and of every suspension, revocation and cancellation by the department and shall maintain suitable indices containing:
343.23(1)(a) (a) All applications denied and on each thereof note the reason for such denial;
343.23(1)(b) (b) All applications granted; and
343.23(1)(c) (c) The name of every person whose license or operating privilege has been suspended, revoked or canceled by the department and note thereon the reason for such action.
343.23(2) (2)
343.23(2)(a)(a) The department shall maintain a file for each licensee or other person containing the application for license, permit or endorsement, a record of reports or abstract of convictions, the status of the person's authorization to operate different vehicle groups, a record of any out-of-service orders issued under s. 343.305 (7) (b) or (9) (am) and a record of any reportable accident in which the person has been involved, including specification of any type of license and endorsements issued under this chapter under which the person was operating at the time of the accident and an indication whether or not the accident occurred in the course of any of the following:
343.23(2)(a)1. 1. The person's employment as a law enforcement officer as defined in s. 165.85 (2) (c), fire fighter as defined in s. 102.475 (8) (b), or emergency medical technician as defined in s. 146.50 (1) (e).
343.23(2)(a)2. 2. The licensee's employment as a person engaged, by an authority in charge of the maintenance of the highway, in highway winter maintenance snow and ice removal during either a storm or cleanup following a storm. For purposes of this subdivision, "highway winter maintenance snow and ice removal" includes plowing, sanding, salting and the operation of vehicles in the delivery of those services.
343.23(2)(a)3. 3. The licensee's performance of duties as a first responder, as defined in s. 146.53 (1) (d).
343.23(2)(b) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.
Effective date note NOTE: Par. (b) is shown below as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c), eff. 5-1-01 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier:
Effective date text (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.
343.23(3) (3)
343.23(3)(a)(a) The department shall maintain a file, for each person convicted of a violation as defined by s. 343.30 (6) (a), containing a record of reports of convictions of violations as defined by s. 343.30 (6) (a) and suspensions and revocations under s. 343.30 (6). The department may purge the record of any such conviction 24 months after it is reported.
343.23(3)(b) (b) The department record of a person's conviction for exceeding a posted speed limit shall include the number of miles per hour in excess of the posted speed limit, as reported to the department.
343.23(4) (4) The department shall purge all of the following from the file of a person:
343.23(4)(a) (a) Any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge arising out of that incident or occurrence.
343.23(4)(b) (b) Any record of issuance of an out-of-service order under s. 343.305 (7) (b) or (9) (am) upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge of violating s. 346.63 (7) arising out of that incident or occurrence. In the case of a nonresident, the department shall also inform the state of licensure of the dismissal or finding of innocence.
343.23(5) (5) The department shall maintain the files specified in this section in a form that is appropriate to the form of the records constituting those files.
343.235 343.235 Access to license and identification card records.
343.235(1)(1) In this section:
343.235(1)(a) (a) "Agent" means an authorized person who acts on behalf of or at the direction of another person.
343.235(1)(b) (b) "Insurer" has the meaning given in s. 600.03 (27).
343.235(1)(c) (c) "Personal identifier" has the meaning given in s. 85.103 (1).
343.235(1)(d) (d) "State authority" has the meaning given in s. 19.62 (8).
343.235(2) (2) In providing copies under s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under s. 85.103 (2) or (3).
343.235(3) (3)Subsection (2) does not apply to any of the following:
343.235(3)(a) (a) A law enforcement agency, a state authority or a federal governmental agency to perform a legally authorized function.
343.235(3)(b) (b) An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim. Notwithstanding sub. (5), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this paragraph.
343.235(5) (5) Any person who has received under sub. (3) a personal identifier of any person who has made a designation under s. 85.103 (2) or (3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under sub. (3).
343.235(6) (6)
343.235(6)(a)(a) Any person who discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.
343.235(6)(b) (b) Any person who requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.
343.235(6)(c) (c) Paragraphs (a) and (b) do not apply to a legal custodian under s. 19.33 of the department.
343.235 History History: 1991 a. 269; 1999 a. 88.
343.237 343.237 Access to license and identification card photographs.
343.237(1)(1) In this section:
343.237(1)(a) (a) "Law enforcement agency of a physically adjacent state" has the meaning given in s. 175.46 (1) (b).
343.237(1)(b) (b) "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).
343.237(2) (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4) may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph only to the person whose photograph was taken.
343.237(3) (3) The department shall provide a Wisconsin law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4) if the department receives a written request on the Wisconsin law enforcement agency's letterhead that contains all of the following:
343.237(3)(a) (a) The name of the person whose photograph is requested.
343.237(3)(b) (b) The name of the person making the request and the Wisconsin law enforcement agency that employs the requester.
343.237(3)(c) (c) A statement signed by a division commander or higher authority within the Wisconsin law enforcement agency that the photograph is requested for any of the following purposes:
343.237(3)(c)1. 1. An investigation of unlawful activity.
343.237(3)(c)2. 2. A missing person investigation.
343.237(3)(c)3. 3. The identification of an accident victim.
343.237(3)(c)4. 4. The identification of a deceased person.
343.237(3)(d) (d) A statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.
343.237(4) (4) If a law enforcement agency of a physically adjacent state makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency under sub. (3), the department shall comply with the request if all of the following apply:
343.237(4)(a) (a) The law enforcement agency of the physically adjacent state agrees to comply with all the requirements under this section.
343.237(4)(b) (b) The physically adjacent state allows Wisconsin law enforcement agencies similar or greater access to similar information from that physically adjacent state.
343.237(4m) (4m) The department shall attach to each copy of a photograph provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."
343.237(5) (5) Any law enforcement agency that has in its possession a copy of a photograph provided to it under sub. (3) or (4) shall destroy any copies of the photograph in its possession when the photograph is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph.
343.237(6) (6) For each copy of a photograph provided under sub. (3) or (4), the department shall record and maintain the written request for the copy of the photograph 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, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian.
343.237(7) (7) The department may not charge a fee for providing a copy of any photograph to a Wisconsin law enforcement agency under this section.
343.237(8) (8)
343.237(8)(a)(a) Any law enforcement agency that receives a photograph provided to a law enforcement agency under this section shall keep the copy of the photograph confidential and may disclose it only if disclosure is necessary to perform a law enforcement function and the person to whom the copy of the photograph is disclosed agrees to comply with par. (c).
343.237(8)(b) (b) If a law enforcement agency discloses a copy of a photograph to another person under par. (a), the copy of the photograph shall have attached to it the notation specified in sub. (4m)
343.237(8)(c) (c) Any person who receives a copy of a photograph from a law enforcement agency under par. (a) shall destroy any copies of the photograph in his or her possession when the photograph is no longer necessary to perform the law enforcement function for which the photograph was disclosed.
343.237(9) (9) Not later than August 1, 1998, and annually thereafter until August 1, 2003, the department of transportation and the department of justice jointly shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) concerning the copies of photographs provided under this section, including the agencies to whom and the purposes for which the copies of the photographs were provided. The department of transportation and the department of justice shall consult with other interested persons when preparing a report under this subsection.
343.237(10) (10) Any person who wilfully discloses a copy of a photograph in violation of this section may be required to forfeit not more than $500 for each violation. Each copy disclosed constitutes a separate offense.
343.237(11) (11) The department may not release a copy of a photograph under this section after December 31, 2002.
343.237 History History: 1997 a. 119, 237.
343.24 343.24 Department to furnish operating record.
343.24(1)(1) The department shall upon request furnish any person an abstract of the operating record of any person. The abstract shall be certified if certification is requested. Such abstract is not admissible in evidence in any action for damages arising out of a motor vehicle accident.
343.24(2) (2) The department shall charge the following fees for conducting searches of vehicle operators' records:
343.24(2)(a) (a) For each file search, $3.
343.24(2)(b) (b) For each computerized search, $3.
343.24(2)(c) (c) For each search requested by telephone, $4, or an established monthly service rate determined by the department.
343.24(2m) (2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file database, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and that were produced for or developed by the department for purposes related to maintenance of the operating record file database. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.
343.24(3) (3) The department shall not disclose information concerning or related to a violation as defined by s. 343.30 (6) to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the minor who committed the violation or his or her parent or guardian.
343.24(4) (4)
343.24(4)(a)(a) In this subsection:
343.24(4)(a)1. 1. "Agent" means an authorized person who acts on behalf of or at the direction of another person.
343.24(4)(a)2. 2. "Insurer" has the meaning given in s. 600.03 (27).
343.24(4)(a)3. 3. "Personal identifier" has the meaning given in s. 85.103 (1).
343.24(4)(a)4. 4. "State authority" has the meaning given in s. 19.62 (8).
343.24(4)(b) (b) In furnishing 10 or more operating records to a person under sub. (1) or (2m), the department may not disclose a personal identifier of any person who has made a designation under s. 85.103 (2) or (3).
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?