AB43: Bill Text

AB43,2750 Section 2750. 343.16 (1) (a) 5. of the statutes is created to read:

AB43,,7597 343.16 (1) (a) 5. The department may waive the driving skills test of an individual applying for an operator’s license if all of the following apply:

AB43,,7598 a. The applicant is under 18 years of age.

AB43,,7599 b. The application is for authorization to operate only “Class D” vehicles.

AB43,,7600 c. The applicant has satisfactorily completed a course in driver education in a public school approved by the department of public instruction, or in a technical college approved by the technical college system board, or in a nonpublic and private school or tribal school, as defined in s. 115.001 (15m), that meets the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state.

AB43,,7601 d. An adult sponsor who has signed for the applicant under s. 343.15 (1) consents to a waiver of the driving skills test.

AB43,2751 Section 2751. 343.16 (3) (a) of the statutes is amended to read:

AB43,,7603 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.

AB43,2752 Section 2752. 343.16 (3) (c) of the statutes is created to read:

AB43,,7605 343.16 (3) (c) 1. An applicant for the renewal of an operator’s 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:

AB43,,7606 a. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

AB43,,7607 b. The applicant satisfies any eligibility criteria established by the department under subd. 2.

AB43,,7608 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

AB43,,7609 3. a. The department may renew a license under this paragraph without a test of eyesight.

AB43,,7610 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.

AB43,,7611 4. The department may not make consecutive renewals of an operator’s license by electronic means.

AB43,2753 Section 2753. 343.16 (5) (a) of the statutes is amended to read:

AB43,,7613 343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, physician assistant, advanced practice registered nurse prescriber certified under s. 441.16 (2) licensed under s. 441.09, or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person’s operating privilege in the manner specified in s. 343.30 (1q) (d).

AB43,2754 Section 2754. 343.165 (1) (c) of the statutes is amended to read:

AB43,,7615 343.165 (1) (c) Proof of the applicant’s social security number or, except as provided in sub. (7) (c) 2. and s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.

AB43,2755 Section 2755. 343.165 (1) (e) of the statutes is amended to read:

AB43,,7617 343.165 (1) (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., and except as provided in sub. (7) (c) 1. and s. 343.14 (2) (es) 2m., the documentary proof described in s. 343.14 (2) (es) 1m.

AB43,2756 Section 2756. 343.165 (3) (b) of the statutes is amended to read:

AB43,,7619 343.165 (3) (b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1). This paragraph does not apply to an application processed under sub. (7) (c).

AB43,2757 Section 2757. 343.165 (3) (c) of the statutes is amended to read:

AB43,,7621 343.165 (3) (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator’s license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number, except with respect to applications processed under sub. (7) (c).

AB43,2758 Section 2758. 343.165 (4) (b) of the statutes is amended to read:

AB43,,7623 343.165 (4) (b) The department shall establish an effective procedure to confirm or verify an applicant’s information for purposes of any application described in par. (a). The procedure shall include verification of the applicant’s social security number or, except with respect to applications processed under sub. (7) (c), ineligibility for a social security number.

AB43,2759 Section 2759. 343.165 (4) (d) of the statutes is amended to read:

AB43,,7625 343.165 (4) (d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (bm) or (c) at other than an 8-year interval, the department may determine whether the applicant’s photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant’s photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant’s license or identification card at all times includes a photograph unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.

AB43,2760 Section 2760. 343.165 (7) (a) (intro.) of the statutes is amended to read:

AB43,,7627 343.165 (7) (a) (intro.) The Subject to par. (c), the department may process an application for, and issue or renew, an operator’s license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:

AB43,2761 Section 2761. 343.165 (7) (c) of the statutes is created to read:

AB43,,7629 343.165 (7) (c) 1. Notwithstanding s. 343.14 (2) (f), in processing an application for, and issuing or renewing, an operator’s license that contains the marking specified in s. 343.03 (3r) or an identification card that contains the marking specified in s. 343.50 (3) (b), the department may not include any question or require any proof or documentation as to whether the applicant is a citizen or national of the United States or lawfully present in the United States.

AB43,,7630 2. For an application processed under this paragraph, if the applicant does not provide proof of the applicant’s social security number, the applicant shall provide verification, in the manner described in s. 343.14 (2) (br) 2., that the applicant does not have a social security number.

AB43,,7631 3. Notwithstanding sub. (1) (a), for an application processed under this paragraph, an applicant may provide an individual taxpayer identification number, a foreign passport, or any other documentation deemed acceptable to the department, in lieu of the documentation required under sub. (1) (a).

AB43,,7632 4. Notwithstanding sub. (1) (b) and (d), for an application processed under this paragraph, an applicant may provide any documentation deemed acceptable to the department, in lieu of the documentation required under sub. (1) (b) or (d).

AB43,2762 Section 2762. 343.17 (3) (a) 16. of the statutes is created to read:

AB43,,7634 343.17 (3) (a) 16. If the license is marked as provided in s. 343.03 (3r) and the license applicant did not provide a verified social security number with the license application, the words “Not valid for voting purposes. Not evidence of citizenship or immigration status.”

AB43,2763 Section 2763. 343.17 (3) (d) 1g. of the statutes is amended to read:

AB43,,7636 343.17 (3) (d) 1g. “F” endorsement, which authorizes a seasonal employee of a farm service industry employer who is eligible for a restricted commercial driver license under applicable federal law or regulation to operate “Class B” and “Class C” vehicles as described in s. 343.04 (1) (b) and (c) for a seasonal period not to exceed 180 210 days in any calendar year. This endorsement permits the transporting of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less, solid fertilizers that are not transported with any organic substance or 1,000 gallons or less of diesel fuel, but no combination of these materials. The endorsement does not permit operation of a commercial motor vehicle beyond 150 miles of the farm service industry employer’s place of business or, in the case of custom harvesters, the farm currently being served.

AB43,2764 Section 2764. 343.20 (1) (f) of the statutes is amended to read:

AB43,,7638 343.20 (1) (f) The department shall cancel an operator’s license, regardless of the license expiration date, if the department receives information from a local, state, or federal government agency that the licensee no longer satisfies the requirements for issuance of a license under ss. 343.14 (2) (es) and 343.165 (1) (e). This paragraph does not apply to an operator’s license if the license application was processed under s. 343.165 (7) (c).

AB43,2765 Section 2765. 343.20 (1m) of the statutes is amended to read:

AB43,,7640 343.20 (1m) Notwithstanding sub. (1) (a), and except as provided in s. 343.165 (4) (c) and as otherwise provided in this subsection, a license that is issued to a person who is not a United States citizen or permanent resident and who provides documentary proof of legal status as provided under s. 343.14 (2) (es) 2., 4., 5., 6., or 7. 1m. b., d., e., f., or g. 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 sub. (1), whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es) 1m. does not state the date that the person’s legal presence in the United States is no longer authorized, sub. (1) shall apply except that, if the license was issued or renewed based upon the person’s presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the license shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal. This subsection does not apply to a license that contains the marking specified in s. 343.03 (3r).

AB43,2766 Section 2766. 343.20 (2) (a) of the statutes is amended to read:

AB43,,7642 343.20 (2) (a) At least 30 days prior to the expiration of an operator’s license, the department shall provide to the licensee notice of renewal of the license either by mail at the licensee’s last-known address or, if desired by the licensee, by any electronic means offered by the department. If the license 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. 1m. d. to g., the notice shall inform the licensee of the requirement under s. 343.165 (4) (c).

AB43,2767 Section 2767. 343.301 (1g) (a) 2. a. of the statutes is amended to read:

AB43,,7644 343.301 (1g) (a) 2. a. The person had an offense involved the use of alcohol concentration of 0.15 or more at the time of the offense.

AB43,2768 Section 2768. 343.305 (8) (b) 7. of the statutes is amended to read:

AB43,,7646 343.305 (8) (b) 7. The hearing examiner shall notify the person in writing of the hearing decision, of the right to judicial review and of the court’s authority to issue a stay of the suspension under par. (c). If the person has requested electronic communication in the manner prescribed by the department, the hearing examiner may provide the notice under this subdivision by any electronic means offered by the department. The administrative suspension is vacated and the person’s operating privilege shall be automatically reinstated under s. 343.39 if the hearing examiner fails to mail or provide this notice in the manner specified under this subdivision to the person within 30 days after the date of the notification under par. (a).

AB43,2769 Section 2769. 343.315 (4) of the statutes is amended to read:

AB43,,7648 343.315 (4) Notification and commencement. The Except as provided in this section, the department shall send the a notice of disqualification under this section by 1st class mail to a person’s last-known residence address. If a person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of disqualification by any electronic means offered by the department. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under sub. (2) (g).

AB43,2770 Section 2770. 343.44 (3) of the statutes is amended to read:

AB43,,7650 343.44 (3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension, or disqualification mailed by 1st class mail to such person’s last-known address shall not be provided as authorized by the statutes is not a defense to the charge of driving after revocation, suspension, or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension, or disqualification shall not be mailed as authorized by the statutes is not a defense to the charge of driving after revocation, suspension or disqualification. If a person has requested electronic notification in the manner prescribed by the department and the person has changed the electronic contact information provided to the department without informing the department, failure to receive notice of revocation, suspension, or disqualification is not a defense to the charge of driving after revocation, suspension, or disqualification.

AB43,2771 Section 2771. 343.50 (1) (c) 1. of the statutes is amended to read:

AB43,,7652 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 180 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).

AB43,2772 Section 2772. 343.50 (3) (a) and (b) of the statutes are amended to read:

AB43,,7654 343.50 (3) (a) The card shall be the same size as an operator’s license but shall be of a design which is readily distinguishable from the design of an operator’s license and bear upon it the words “IDENTIFICATION CARD ONLY.” The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). Except as provided in sub. (4g), the card shall contain the holder’s photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB43,,7655 (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) and, if applicable, the words specified in s. 343.17 (3) (a) 16.

AB43,2773 Section 2773. 343.50 (5) (b) of the statutes is amended to read:

AB43,,7657 343.50 (5) (b) Except as provided in pars. (bm), (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.

AB43,2774 Section 2774. 343.50 (5) (bm) of the statutes is created to read:

AB43,,7659 343.50 (5) (bm) Notwithstanding par. (d), if the identification card application was processed under s. 343.165 (7) (c) and the applicant did not provide a verified social security number, an original or reinstated card shall be valid for the succeeding period of 2 years from the applicant’s next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 2 years from the card’s last expiration date.

AB43,2775 Section 2775. 343.50 (5) (c) of the statutes is amended to read:

AB43,,7661 343.50 (5) (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) 1m. 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) 1m. 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. 1m. d. to g., the card shall, subject to s. 343.165 (4) (c), expire one year after the date of issuance or renewal. This paragraph does not apply to an identification card that contains the marking specified in sub. (3) (b).

AB43,2776 Section 2776. 343.50 (6) of the statutes is amended to read:

AB43,,7663 343.50 (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. 1m. d. to g., 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.

AB43,2777 Section 2777. 343.50 (8) (c) 6. of the statutes is created to read:

AB43,,7665 343.50 (8) (c) 6. Notwithstanding any other provision of par. (b) and this paragraph, the department may not disclose to any person the fact that an applicant has provided verification under s. 343.165 (7) (c) 2. that the applicant does not have a social security number, except to the elections commission for purposes of administering the agreement described in s. 5.056.

AB43,2778 Section 2778. 343.50 (10) (c) of the statutes is amended to read:

AB43,,7667 343.50 (10) (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. This paragraph does not apply to a card if the card application was processed under s. 343.165 (7) (c).

AB43,2779 Section 2779. 343.51 (1) of the statutes is amended to read:

AB43,,7669 343.51 (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 registered 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 registered 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.

AB43,2780 Section 2780. 343.62 (4) (a) 4. of the statutes is amended to read:

AB43,,7671 343.62 (4) (a) 4. The applicant submits with the application a statement completed within the immediately preceding 24 months, except as provided by rule, by a physician licensed to practice medicine in any state, from an advanced practice registered nurse licensed to practice nursing 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 certifying that, in the medical care provider’s judgment, the applicant is physically fit to teach driving.

AB43,2781 Section 2781. 344.02 (1) of the statutes is amended to read:

AB43,,7673 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of suspension or impoundment will be made if such the security is not deposited, it the department shall afford the person so notified subject to the proposed action an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of suspension if postponement has been granted under s. 344.14 (1). Upon Except as provided under this section, upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof of the time and place of the hearing to such the person by regular mail. If the person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of the time and place of the hearing by any electronic means offered by the department. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

AB43,2782 Section 2782. 344.13 (2) of the statutes is amended to read:

AB43,,7675 344.13 (2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements, or other evidence relating to property damage, personal injury, or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person’s operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of providing the first request. The first request under this subsection shall be mailed to the person or, if the person has requested electronic communication in the manner prescribed by the department, may be provided by any electronic means offered by the department

AB43,2783 Section 2783. 345.05 (1) (ag) of the statutes is created to read:

AB43,,7677 345.05 (1) (ag) “Authority” means a transit authority created under s. 66.1039.

AB43,2784 Section 2784. 345.05 (2) of the statutes is amended to read:

AB43,,7679 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or authority, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or authority concerned and the governing body of the municipality or the board of directors of the authority may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or authority if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or authority will acquire title.

AB43,2785 Section 2785. 347.50 (2m) (a) of the statutes is amended to read:

AB43,,7681 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) shall be required to forfeit $10 $25.

AB43,2786 Section 2786. 349.02 (2) (b) 4. of the statutes is amended to read:

AB43,,7683 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

AB43,2787 Section 2787. 350.12 (4) (a) (intro.) of the statutes is amended to read: