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).
Effective date note
NOTE: Par. (b) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(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.
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 indexes containing:
Effective date note
NOTE: Sub. (1 ) (intro.) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(1) The department shall maintain a record of every application for license, permit, or endorsement received by it and of every suspension, revocation, cancellation, and disqualification by the department and shall maintain suitable indexes containing:
343.23(1)(a)
(a) All applications denied and on each thereof note the reason for such denial;
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.
Effective date note
NOTE: Par. (c) is amended eff. 9-30-05 by
2003 Wis. Act 33 to read:
Effective date text
(c) The name of every person whose license or operating privilege has been suspended, revoked, or canceled, or who is disqualified, by the department and note thereon the reason for such action.
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, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in
s. 343.17 (3) (d) 1m., 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), a record of the date on which any background investigation specified in
s. 343.12 (6) (a) or
(d) was completed, 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:
Effective date note
NOTE: Par. (a)(intro.) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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, any notice received from the federal transportation security administration concerning the person's eligibility for an "H" endorsement specified in s. 343.17 (3) (d) 1m., 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)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)(am)1.a.
a. For a person holding a commercial driver license issued by the department, a record of any disqualification by another jurisdiction of the person from operating a commercial motor vehicle for at least 60 days or of the revocation, suspension, or cancellation by another jurisdiction of the person's commercial driver license for at least 60 days, and the violation that resulted in the disqualification, revocation, suspension, or cancellation, as specified in any notice received from the other jurisdiction.
343.23(2)(am)1.b.
b. For a person holding a commercial driver license issued by the department, a record of any violation in another jurisdiction of any law of that jurisdiction, including any local law of that jurisdiction, or of any law of a federally recognized American Indian tribe or band in that jurisdiction, in conformity with any law of this state relating to motor vehicle traffic control, other than a parking violation, as specified in any notice received from that jurisdiction. The department shall record this information within 10 days after receipt of the notice.
343.23(2)(am)1.c.
c. For a person holding a commercial driver license issued by this state or another jurisdiction, a record of each violation, while operating any motor vehicle, of any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any law of this state relating to motor vehicle traffic control, other than a parking violation. The department shall record the information under this subdivision within 10 days after the date of conviction.
343.23(2)(am)2.
2. In maintaining the department's file specified in
subd. 1. and
par. (a), the department may not conceal, withhold, or mask from the department's file, or otherwise allow in any way a person to avoid the department's recording in the department's file of, any information required to be recorded in the department's file under
49 CFR 384.225 and
384.226, regardless of whether the person has obtained deferral of imposition of judgment, been allowed to enter a diversion program, or otherwise obtained delayed or suspended judgment or alternative sentencing from a court.
Effective date note
NOTE: Par. (am) is created eff. 9-30-05 by
2003 Wis. Act 33.
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, except that the department shall purge the record of a first violation of
s. 23.33 (4c) (a) 2.,
30.681 (1) (b) 1.,
346.63 (1) (b), or
350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under
s. 343.307 during that 10-year period. 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) and
(j) 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 Cross-reference
Cross Reference: See also ch.
Trans 100, Wis. adm. code.
Effective date text
(b) The information specified in pars. (a) and (am) 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, or the person disqualified, 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, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. 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) and (j), and all records specified in par. (am), 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)(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.
343.23 History
History: 1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 273;
1979 c. 331;
1981 c. 178;
1983 a. 74;
1987 a. 3;
1989 a. 31,
105,
133,
359;
1991 a. 277;
1993 a. 65;
1995 a. 113,
184,
338;
1997 a. 35,
84,
237;
1999 a. 32,
109;
2001 a. 38,
109;
2003 a. 30,
33,
280,
320.
343.234
343.234
Department to furnish information to the selective service system. Notwithstanding any other provision in this chapter, the department shall forward to the selective service system, in electronic format, any information on an application for a driver's license, permit, or identification card submitted under this chapter by a male who is at least 18 years of age but less than 26 years of age that is requested by the selective service system for the purpose of registering the applicant with the selective service system. This section does not apply if the selective service system does not register applicants with the selective service system on the basis of information forwarded under this section.
343.234 History
History: 2001 a. 93.
343.235
343.235
Access to license and identification card records. 343.235(1)(a)
(a) "Agent" means an authorized person who acts on behalf of or at the direction of another person.
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)(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 History
History: 1991 a. 269;
1999 a. 88.
343.237
343.237
Access to license and identification card photographs and fingerprints. Effective date note
NOTE: Section 343.237 (title) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
343.237 Access to license and identification card photographs.
343.237(1)(ag)
(ag) "Federal law enforcement agency" means a governmental unit of one or more persons employed by the federal government for the purpose of preventing and detecting crime and enforcing federal laws, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
343.237(1)(ar)
(ar) "Law enforcement agency of another state" means a governmental unit of one or more persons employed by a state other than this state or by a political subdivision of a state other than this state for the purpose of preventing and detecting crime and enforcing laws or ordinances of that state or a political subdivision of that state, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
343.237(2)
(2) Any photograph taken of an applicant under
s. 343.14 (3) or
343.50 (4), 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, shall be kept confidential. Except as provided in this section, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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 or a federal 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), 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:
Effective date note
NOTE: Sub. (3) (intro.) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(3) The department shall provide a Wisconsin law enforcement agency or a federal 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 law enforcement agency's letterhead that contains all of the following:
343.237(3)(a)
(a) The name of the person whose photograph or fingerprint is requested.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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 law enforcement agency that employs the requester.
343.237(3)(c)
(c) A statement signed by a division commander or higher authority within the law enforcement agency that the photograph or fingerprint is requested for any of the following purposes:
Effective date note
NOTE: Par. (c) (intro.) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(c) A statement signed by a division commander or higher authority within the law enforcement agency that the photograph is requested for any of the following purposes:
343.237(3)(d)
(d) For requests for photographs only, a statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.
Effective date note
NOTE: Par. (d) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
