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:
Effective date text
(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(3)(e)
(e) If the requester is a federal law enforcement agency, a statement that the agency agrees to comply with all of the requirements under this section.
343.237(4)
(4) If a law enforcement agency of another state makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency or a federal 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 other state agrees to comply with all of the requirements under this section.
343.237(4)(b)
(b) The other state allows Wisconsin law enforcement agencies similar or greater access to similar information from that state.
343.237(4m)
(4m) The department shall attach to each copy of a photograph or fingerprint provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes." or "This fingerprint is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."
Effective date note
NOTE: Sub. (4m) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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 or fingerprint provided to it under
sub. (3) or
(4) shall destroy any copies of the photograph or fingerprint in its possession when the photograph or fingerprint is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph or fingerprint.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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 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, 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.
Effective date note
NOTE: Sub. (6) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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 or fingerprint to a Wisconsin law enforcement agency under this section.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(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)(a)(a) Any law enforcement agency that receives a photograph or fingerprint provided to a law enforcement agency under this section shall keep the copy of the photograph or fingerprint 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 or fingerprint is disclosed agrees to comply with
par. (c).
343.237(8)(b)
(b) If a law enforcement agency discloses a copy of a photograph or fingerprint to another person under
par. (a), the copy of the photograph or fingerprint 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 or fingerprint from a law enforcement agency under
par. (a) shall destroy any copies of the photograph or fingerprint in his or her possession when the photograph or fingerprint is no longer necessary to perform the law enforcement function for which the photograph or fingerprint was disclosed.
Effective date note
NOTE: Sub. (8) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(8) (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).
Effective date text
(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)
Effective date text
(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, 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 willfully discloses a copy of a photograph or fingerprint in violation of this section may be required to forfeit not more than $500 for each violation. Each copy disclosed constitutes a separate offense.
Effective date note
NOTE: Sub. (10) is shown as amended eff. 2-1-05 by
2003 Wis. Act 280. Prior to 2-1-05 it reads:
Effective date text
(10) Any person who willfully 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.
343.24
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.
