LRB-2401/1
ZDW:skw&emw
2021 - 2022 LEGISLATURE
June 25, 2021 - Introduced by Representatives Billings, Mursau,
Anderson,
Cabral-Guevara, Cabrera, Considine, Conley, Edming, Milroy, Moses, Pope,
Shelton, Shankland, Spiros, Spreitzer, Stubbs and Subeck, cosponsored by
Senators Jagler, Pfaff, Cowles, Larson, Marklein, Ringhand, Smith and
Wirch. Referred to Committee on Sporting Heritage.
AB421,1,3
1An Act to amend 29.001 (69); and
to create 343.50 (8) (c) 4m. of the statutes;
2relating to: access to Department of Transportation records to establish
3residency for approvals issued by the Department of Natural Resources.
Analysis by the Legislative Reference Bureau
This bill provides that a person may use an identification card issued by the
Department of Transportation to establish residency for approvals issued by the
Department of Natural Resources and requires DOT to provide DNR with access to
DOT records for this purpose.
Under current law, DNR issues approvals that authorize the holder of the
approval to engage in certain activities, such as hunting wild animals. In general,
residents of the state are issued a different approval, for a lower fee, than
nonresidents of the state. Current law provides that a resident is anyone who has
maintained a permanent abode in the state for at least 30 days prior to applying for
an approval, which must be established by demonstrating domiciliary intent. Under
current law, evidence of domiciliary intent includes voting, paying personal income
taxes, or obtaining a driver's license at a location in the state.
The bill provides that domiciliary intent may also be satisfied by obtaining an
identification card issued by DOT. Under current law, an identification card issued
by DOT is required to contain the same information that is required for an operator's
license, including the license holder's name, address, and photograph, but must be
clearly labeled as providing only identification of the card's holder.
Current law requires DOT to maintain current records of all identification card
holders and generally prohibits DOT from disclosing the records to any person.
There are numerous exceptions to this prohibition, including disclosing information
to the driver licensing agencies of other jurisdictions and to other state agencies for
specified purposes. The bill requires DOT to provide DNR electronic access to
identification card records for the purpose of verifying the residency of applicants for
DNR approvals.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB421,1
1Section
1. 29.001 (69) of the statutes is amended to read:
AB421,2,92
29.001
(69) “Resident" means a person who has maintained his or her place of
3permanent abode in this state for a period of 30 days immediately preceding his or
4her application for an approval. Domiciliary intent is required to establish that a
5person is maintaining his or her place of permanent abode in this state. Mere
6ownership of property is not sufficient to establish domiciliary intent. Evidence of
7domiciliary intent includes, without limitation, the location where the person votes,
8pays personal income taxes
, or obtains a driver's license
or an identification card
9issued under s. 343.50.
AB421,2
10Section
2. 343.50 (8) (c) 4m. of the statutes is created to read:
AB421,2,1711
343.50
(8) (c) 4m. Notwithstanding par. (b) and s. 343.14 (2j), the department
12shall, upon request, provide to the department of natural resources any applicant
13information maintained by the department of transportation and identified in s.
14343.14 (2), including providing electronic access to the information, for the sole
15purpose of verification by the department of natural resources that the applicant is
16a resident of this state for the purpose of qualifying for approvals, as defined in s.
1729.001 (12), issued by the department of natural resources.
AB421,3
18Section
3.
Effective date.
AB421,3,2
1(1)
This act takes effect on the first day of the 6th month beginning after
2publication.
