AB616: Bill Text

2021 Assembly BILL 616

October 14, 2021 - Introduced by Representatives Shelton, Anderson, Bowen, Considine, Drake, Emerson, Hebl, Neubauer, Pope, Sinicki, Spreitzer, Subeck, Vruwink and Cabrera, cosponsored by Senator Larson. Referred to Committee on Transportation.

AB616,1,3 An Act to amend 343.14 (3) and 343.16 (3) (a); and to create 343.16 (3) (c) of the statutes; relating to: application for and issuance of operator's license renewals by electronic means.

Analysis by the Legislative Reference Bureau

Under current law, most operator's licenses issued by the Department of Transportation must be renewed every eight years. In general, an applicant for renewal of an operator's license must pass an eyesight test and have his or her photograph taken.

Under this bill, if an applicant for renewal of an operator's license, other than a commercial driver license, meets certain requirements, the applicant may apply for renewal, and DOT may renew the license, by electronic means. The renewal may occur without an eyesight test and without a photograph. Among the eligibility requirements for use of the electronic procedure are 1) that the applicant's most recent previous license transaction was not made by electronic means; 2) that the applicant's license is not subject to restrictions based on medical conditions, other than a requirement that the applicant use corrective lenses; 3) that the applicant is not more than 65 years of age; and 4) that the applicant meets any additional criteria for eligibility established by DOT. An applicant must also verify that he or she is aware that the license issued under this procedure may be a REAL ID noncompliant license that is not intended to be accepted by federal agencies for federal identification or other official purposes.

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:

AB616,1 Section 1. 343.14 (3) of the statutes is amended to read:

AB616,2,9 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (c), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except as provided in sub. (3m) and s. 343.16 (3) (c), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (c) and 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).

AB616,2 Section 2. 343.16 (3) (a) of the statutes is amended to read:

AB616,3,5 343.16 (3) (a) Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. Subject to par. pars. (am) and (c), the examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

AB616,3 Section 3. 343.16 (3) (c) of the statutes is created to read:

AB616,3,10 343.16 (3) (c) 1. An applicant for the renewal of an operator's license other than a commercial driver license may apply for the license, and the department may issue the license, by any electronic means offered by the department if all of the following apply:

AB616,3,12 a. The applicant's license is not subject to restrictions based on medical conditions, other than a requirement that the applicant use corrective lenses.

AB616,3,13 b. The applicant is not more than 65 years of age.

AB616,3,15 c. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

AB616,3,18 d. The applicant verifies that he or she is aware that the license may contain the marking specified in s. 343.03 (3r) and may not be eligible for acceptance by a federal agency for federal identification or other official purposes.

AB616,3,20 e. The applicant satisfies any eligibility criteria established by the department under subd. 2.

AB616,3,22 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

AB616,3,24 3. a. The department may renew a license under this paragraph without a test of eyesight.

AB616,4,3 b. Subject to s. 343.165 (7), the department may renew a license under this paragraph without a photograph being taken if the department is able to produce a photograph of the applicant from its records.

AB616,4,5 4. The department may not make consecutive renewals of an operator's license by electronic means.

AB616,4,6 (End)