343.50(3)(b)
(b) If an identification card is issued based upon the exception specified in s.
343.165 (7) or
(8), the card shall, in addition to any other required legend or design, be of the design specified under s.
343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s.
343.03 (3r).
343.50(3)(c)1.1. Notwithstanding par.
(a), the department may issue an identification card bearing a name other than the name that appears on a supporting document if the person provides evidence acceptable to the department that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person's prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s.
343.03 (3r).
343.50(3)(c)2.
2. Notwithstanding par.
(a), the department shall approve a name change requested by a person who cannot provide supporting documentation of a lawful change of name but who does one of the following:
343.50(3)(c)2.a.
a. Provides proof of identity in the new name, and the department receives from the federal social security administration evidence or confirmation of the name change.
343.50(3)(c)2.b.
b. Applies for an identification card and provides an affidavit declaring all facts required under subd.
1. to prove a name change under the common law of Wisconsin.
343.50(4)
(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),
(es),
(gh),
(j), and
(k), 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) or renewals by mail or electronic means as authorized under sub.
(6), and except as provided in sub.
(4g), the department shall, as part of the application process for original issuance or renewal of an identification card, take a digital photograph including facial image capture of the applicant to comply with sub.
(3). Misrepresentations in violation of s.
343.14 (5) are punishable as provided in s.
343.14 (9).
343.50(4g)
(4g) Photograph requirement; exception. If the application for an identification card is processed under the exception specified in s.
343.165 (7), the application may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant 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; and stating that the tenets of the religion prohibit him or her from being photographed.
343.50(4m)(a)
(a) As part of every application for an identification card, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in s.
157.06 (2) (p), reasonably identifies a person and requests the information recorded in the person's file under this paragraph, the department shall promptly provide this information to the procurement organization.
343.50(4m)(b)
(b) In addition to the inquiry under par.
(a), if the applicant is at least 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under par.
(a), the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under par.
(a), the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under s.
157.06 (5) and affix a sticker thereto as provided in s.
343.175 (3).
343.50(5)(a)1.1. Except as provided in subds.
2. and
3., 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.
343.50(5)(a)2.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
343.50(5)(a)2.a.
a. The department has canceled the applicant's valid operator's license after a special examination under s.
343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
343.50(5)(a)2.b.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s.
343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
343.50(5)(a)3.
3. The department may not charge a fee to an applicant for the initial issuance, renewal, or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
343.50(5)(b)
(b) Except as provided in pars.
(c) and
(d) and s.
343.165 (4) (c), an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
343.50(5)(c)
(c) Except as provided in s.
343.165 (4) (c) and as otherwise provided in this paragraph, an identification 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) (es) shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par.
(b), whichever date is earlier. If the documentary proof as provided under s.
343.14 (2) (es) 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 the period specified in par.
(b) except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s.
343.14 (2) (es) 4. to
7., the card shall, subject to s.
343.165 (4) (c), expire one year after the date of issuance or renewal.
343.50(5)(d)
(d) Except as provided in par.
(c), an identification card that is issued to a person who is 65 years of age or older at the time of issuance may be non-expiring. A non-expiring card under this paragraph shall, in addition to any other required legend or design, be of the design specified under s.
343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s.
343.03 (3r).
343.50(5m)
(5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub.
(10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub.
(5) (a) 2. or
3. or
(7).
343.50(6)
(6) Renewal notice. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. 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 notice 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 department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.
343.50(7)
(7) Duplicate. The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in sub.
(5) (a) 3., there is no fee for a duplicate card.
343.50(8)(a)(a) The department shall maintain current records of all identification card holders under this section in the same manner as required under s.
343.23 for operator's licenses. For each identification card applicant, the record shall include any application for an identification card received by the department, any reinstatement or cancellation of an identification card by the department, the information in all data fields printed on any identification card issued to the applicant, a record of the date on which any verification specified in s.
343.165 (1) and
(3) was completed, and all documents required to be maintained under s.
343.165 (2) (a). The department shall maintain the digital images of documents specified in s.
343.165 (2) (a) for at least 10 years. Records under this paragraph shall be maintained in an electronic and transferable format accessible for the purpose specified in par.
(c) 1. 343.50(8)(b)
(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card 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, a procurement organization as provided in sub.
(4m) (a), 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. 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).
343.50(8)(c)1.1. Notwithstanding par.
(b) and ss.
343.027,
343.14 (2j), and
343.237 (2), the department shall, upon request, provide to the driver licensing agencies of other jurisdictions any record maintained by the department of transportation under this subsection, including providing electronic access to any such record.
343.50(8)(c)2.
2. Notwithstanding par.
(b) and s.
343.14 (2j), the department may, upon request, provide to the department of health services any applicant information maintained by the department of transportation and identified in s.
343.14 (2), including providing electronic access to the information, for the sole purpose of verification by the department of health services of birth record information.
343.50(8)(c)3.
3. Notwithstanding par.
(b) and s.
343.14 (2j), the department may, upon request, provide to the elections commission for the sole purpose of allowing the chief election officer to comply with the terms of the agreement under s.
6.36 (1) (ae) any applicant information or identification card holder information maintained by the department of transportation and identified in s.
343.14 (2).
343.50(8)(c)4.
4. Notwithstanding par.
(b) and s.
343.14 (2j), the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in s.
343.14 (2), including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of s.
71.78.
343.50(10)
(10) Cancellation. The department shall cancel an identification card under any of the following circumstances:
343.50(10)(a)
(a) Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter.
343.50(10)(b)
(b) Whenever the department determines that an identification card has been altered and returned for cancellation under s.
343.43 (2).
343.50(10)(c)
(c) Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under ss.
343.14 (2) (es) and
343.165 (1) (e). A card cancelled under this paragraph may not be reinstated under sub.
(5) until these requirements are again satisfied.
343.50(11)
(11) Surrender of card upon cancellation. The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.50(12)(a)
(a) Represent as valid any canceled, fictitious or fraudulently altered identification card;
343.50(12)(b)
(b) Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
343.50(12)(c)
(c) Represent as one's own, any identification card not issued to him or her;
343.50(12)(d)
(d) Permit any unlawful use of an identification card issued to him or her;
343.50(12)(e)
(e) Reproduce by any means whatever an identification card; or
343.50(13)
(13) Penalty. Any person who fails to comply with an order under sub.
(11) or who violates sub.
(12) may be required to forfeit not more than $1,000.
343.50 History
History: 1977 c. 360,
447;
1979 c. 226,
306;
1981 c. 20 s.
1848r;
1985 a. 29,
98;
1987 a. 27,
304;
1989 a. 105,
294,
298;
1991 a. 86,
269;
1995 a. 446;
1997 a. 27,
119,
191;
1999 a. 9,
32,
80,
85,
88,
186;
2001 a. 93;
2003 a. 33;
2005 a. 126;
2007 a. 20 ss.
3374 to
3390,
9121 (6) (a);
2007 a. 106;
2009 a. 28,
180;
2011 a. 23,
32,
75;
2013 a. 17,
20,
173;
2015 a. 55;
2017 a. 59,
244,
334,
369; s. 35.17 correction in (1) (c) 2. c.
343.50 Annotation
To require payments to government agencies for documents necessary to obtain Department of Transportation (DOT) photo identification cards for voting would severely burden the right to vote because it would condition that right on payment to a government agency. The exercise of discretion by DOT requires the issuance of photo identification cards for voting without requiring documents for which a fee continues to be charged by a government agency. Milwaukee Branch of the NAACP v. Walker,
2014 WI 98,
357 Wis. 2d 469,
851 N.W.2d 337,
12-1652.
343.51
343.51
Special identification cards for physically disabled. 343.51(1)(1)
Any person who qualifies for registration plates of a special design under s.
341.14 (1),
(1a),
(1m), or
(1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle parked by, or under the direction of, the person, or a motor vehicle operated by or on behalf of the organization when used to transport such a person, to parking privileges under s.
346.50 (2),
(2a), and
(3). The department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a public health nurse certified or licensed to practice in any state, from a physician assistant licensed or certified to practice in any state, from a podiatrist licensed to practice in any state, from a chiropractor licensed to practice chiropractic in any state, or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, public health nurse, physician assistant, podiatrist, chiropractor, or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.
343.51(1m)(a)(a) The form for application for a special identification card under sub.
(1) shall include the information required under s.
85.103 (2) and shall advise the applicant of the requirement under par.
(b).
343.51(1m)(b)
(b) If the department issues to a person a special identification card under sub.
(1), the person shall retain, for the period during which the special identification card is valid, any statement specified in sub.
(1) submitted by the person to the department in support of the application. Any time that a special identification card issued under sub.
(1) is displayed on a vehicle, the person issued the special identification card shall carry on the person or in the vehicle a copy of this statement and shall, upon request by any traffic officer, produce the statement for inspection.
343.51(2)(a)(a) Subject to sub.
(2m), the department shall prescribe the form and size of identification cards issued under this section and shall promulgate rules regarding the issuance and use of the cards. The identification cards shall be designed and displayed so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under s.
346.50 (2),
(2a) and
(3), but shall not be unnecessarily conspicuous when the vehicle is operated. Except as provided in par.
(b), special identification cards shall be valid for 4 years.
343.51(2)(b)
(b) The department shall issue special identification cards which are valid for limited periods of time if the statement required by sub.
(1) indicates that the applicant's disability is temporary.
343.51(2)(c)
(c) 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 application shall include all of the information required for issuance of a special identification card under sub.
(1). The fee for a renewal identification card shall be the fee established by the department under sub.
(1). Except as provided in par.
(b), each card shall be valid for 4 years.
343.51(2m)(a)(a) The department may issue only one special identification card under this section to an applicant unless the applicant requests in the application, or subsequently in writing, a 2nd card.
343.51(2m)(b)
(b) The department shall provide by rule for the issuance of special identification cards to replace special identification cards that have been lost or destroyed.
343.51(3)
(3) The department shall disseminate information to all applicants for a special identification card under sub.
(1) relating to the parking privileges granted under s.
346.50 (2),
(2a) or
(3) and their right to request enforcement of s.
346.505.
343.51 Cross-reference
Cross-reference: See also ch.
Trans 130, Wis. adm. code.
343.52
343.52
Unlawful use of special identification cards. 343.52(1)(1)
Any person or organization who does any of the following may be required to forfeit not less than $50 nor more than $300:
343.52(1)(a)
(a) Lends to another a special identification card issued under s.
343.51, knowing that the person borrowing the card is not authorized by law to use it.
343.52(1)(b)
(b) Displays a special identification card issued under s.
343.51 upon a vehicle that is not authorized by law to have the card displayed thereon or otherwise fraudulently uses a special identification card issued under s.
343.51 to the person or organization.
343.52(1)(c)
(c) Knowingly provides information that is false or misleading in any material respect on an application for a special identification card under s.
343.51.
343.52(1)(d)
(d) Knowingly provides information that is false or misleading in any material respect in a statement specified in s.
343.51 (1) submitted in support of an application for a special identification card under s.
343.51.
343.52(1m)
(1m) Any person or organization that does any of the following shall forfeit not less than $200 nor more than $500:
343.52(1m)(a)
(a) Fraudulently procures, makes, alters, reproduces, or duplicates a special identification card issued under s.
343.51, except as authorized by the department.
343.52(1m)(b)
(b) Fraudulently uses a special identification card issued under s.
343.51 that was not issued to the person or organization by the department.
343.52(1r)
(1r) Any person who violates s.
343.51 (1m) (b) may be required to forfeit not more than $10, except that a person charged with violating s.
343.51 (1m) (b) may not be convicted if he or she produces the statement in court or in the office of the officer issuing the citation, within 10 days after the date on which the citation is issued.
343.52(2)
(2) The department shall cancel the special identification card of any person or organization who violates sub.
(1) or
(1m). The department may order a person or organization whose identification card has expired or has been canceled to surrender the card to the department. The department may take possession of any expired identification card or any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
343.52(3)(b)(b) A member of a disabled parking enforcement assistance council under s.
349.145 who observes a violation of this section may prepare a written report indicating that a violation has occurred. The report shall contain, if applicable, the time and location at which the violation occurred, and any other relevant information relating to the violation.
343.52(3)(c)
(c) Within 24 hours after observing the violation, the member may deliver the report to a traffic officer of the political subdivision in which the violation occurred. A report which does not contain all of the information in par.
(b) shall nevertheless be delivered and shall be maintained by the political subdivision for statistical purposes.
343.52(3)(d)1.1. Within 48 hours after receiving a report containing all of the information in par.
(b) and after conducting an investigation, the traffic officer may prepare a uniform traffic citation under s.
345.11 for the violation and may personally serve it upon the person or organization.
343.52(3)(d)2.
2. If with reasonable diligence the person or organization cannot be served under subd.
1. or if the person or organization lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the person's or organization's last-known address.
LICENSING OF DRIVER SCHOOLS AND INSTRUCTORS
Subch. VI of ch. 343 Cross-reference
Cross-reference: See also ch.
Trans 105, Wis. adm. code.
343.60(1)
(1) “Driver school" means a business that gives instruction, for compensation, in the operation of motor vehicles, except that it does not include any of the following:
343.60(1)(a)
(a) A high school or technical college that teaches driver training as part of its regular school program and whose course of study in driver training meets the criteria for a driver education course under this chapter has been approved by the department of public instruction or technical college system board.
343.60(1)(b)
(b) An institution of higher learning that teaches driver training as part of its teacher training program.
