Effective date note
NOTE: Par. (a) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(a) Apply for a duplicate license or identification card showing on the application the correct full legal 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.
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 fees shall be charged under
s. 343.21 (1) (L) and
(n) or
343.50 (5m) and
(7) for the duplicate license or identification card.
Effective date note
NOTE: Sub. (2m) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20, s.
3274 to read:
Effective date text
(2m) Whenever any person, after applying for or receiving a license 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 fees shall be charged under s. 343.21 (1) (L) and (n) or 343.50 (5m) and (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 fees for a duplicate license for which the licensee may be issued a duplicate of each such license.
Effective date note
NOTE: Sub. (3) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20, s.
3276 to read:
Effective date text
(3) When the name of a licensee or identification card holder is changed, such person shall, within 30 days thereafter, apply for a duplicate license or identification card showing the correct full legal 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 fees 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, 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, 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 amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
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 demerit points assessed under authority of s. 343.32 (2), the information in all data fields printed on any license issued to the person, 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, a record of the date on which any verification specified in s. 343.165 (1) and (3) was completed, all documents required to be maintained under s. 343.165 (2) (a), 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.
343.23(2)(b)
(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.
Effective date note
NOTE: Par. (b) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
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. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.
343.23 Cross-reference
Cross Reference: See also ch.
Trans 100, Wis. adm. code.
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.
Effective date note
NOTE: Sub. (5) is amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(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. Records under sub. (1) and files under sub. (2) shall be maintained in an electronic and transferable format accessible for the purpose specified in s. 343.03 (6) (a).
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;
2007 a. 20,
130.
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, a federal governmental agency, or the commission to perform a legally authorized function.
Effective date note
NOTE: Par. (a) is affected eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 and is merged with the treatment by
2007 Wis. Act 27 by the legislative reference bureau under s. 13.92 (2) (i) to read:
Effective date text
(a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission 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;
2007 a. 20,
27; s. 13.92 (2) (i).
343.237
343.237
Access to license and identification card photographs and fingerprints. 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 amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(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 or to the driver licensing agency of another jurisdiction.
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 amended eff. the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under section 85.515 (2) (b) of the statutes by
2007 Wis. Act 20 to read:
Effective date text
(3) 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) 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:
343.237(3)(a)
(a) The name of the person whose photograph or fingerprint 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:
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.
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 or the commission 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 or the commission agrees to comply with all of the requirements under this section.
343.237(4)(b)
(b) The other state or the commission allows Wisconsin law enforcement agencies similar or greater access to similar information from that state or the commission.
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."
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.
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.
