Amendment SSA1-AB68

AB68-SSA1,1270,11 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, to the driver licensing agency of another jurisdiction, or 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). The department of transportation 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.

AB68-SSA1,2829 Section 2829 . 343.14 (2p) of the statutes is created to read:

AB68-SSA1,1270,17 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

AB68-SSA1,1270,23 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

AB68-SSA1,2830 Section 2830. 343.14 (3) of the statutes is amended to read:

AB68-SSA1,1271,8 343.14 (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 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).

AB68-SSA1,2831 Section 2831. 343.16 (1) (a) of the statutes is amended to read:

AB68-SSA1,1272,21 343.16 (1) (a) General. Except as provided in par. (cm) and when examination by a 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in par. (cm) and sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of “Class A", “Class B", “Class C", “ Class D" or “Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate “Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person who is applying for authorization to operate “Class M" vehicles and who has successfully completed a rider course approved by the Wisconsin department of transportation motorcycle safety program to hold an instruction permit under s. 343.07 (4) prior to the department's issuance of a license authorizing the operation of “Class M" vehicles. The department may not require a person applying for authorization to operate “Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (bm), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an “H" or “S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB68-SSA1,2832 Section 2832. 343.16 (1) (cm) of the statutes is created to read:

AB68-SSA1,1272,25 343.16 (1) (cm) Driving skills test waiver. The department may waive the driving skills test of an individual applying for an operator's license if all of the following apply:

AB68-SSA1,1273,1 1. The applicant is under 18 years of age.

AB68-SSA1,1273,2 2. The application is for authorization to operate only “Class D" vehicles.

AB68-SSA1,1273,11 3. 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.

AB68-SSA1,1273,13 4. The applicant has held an instruction permit issued under s. 343.07 for not less than 6 months.

AB68-SSA1,1273,16 5. The applicant has not committed a moving violation, specified by the department by rule, resulting in a conviction during the 6-month period immediately preceding application.

AB68-SSA1,1273,18 6. An adult sponsor who has signed for the applicant under s. 343.15 (1) consents to a waiver of the driving skills test.

AB68-SSA1,2833 Section 2833. 343.16 (3) (a) of the statutes is amended to read:

AB68-SSA1,1274,10 343.16 (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.

AB68-SSA1,2834 Section 2834. 343.16 (3) (c) of the statutes is created to read:

AB68-SSA1,1274,15 343.16 (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:

AB68-SSA1,1274,17 a. The applicant's license is not subject to restrictions based on medical conditions, other than a requirement that the applicant use corrective lenses.

AB68-SSA1,1274,18 b. The applicant is not more than 65 years of age.

AB68-SSA1,1274,21 c. The applicant verifies that he or she is aware that the license will contain the marking specified in s. 343.03 (3r) and is not intended to be accepted by any federal agency for federal identification or any other official purpose.

AB68-SSA1,1274,23 d. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

AB68-SSA1,1274,25 e. The applicant satisfies any eligibility criteria established by the department under subd. 2.

AB68-SSA1,1275,2 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

AB68-SSA1,1275,4 3. a. The department may renew a license under this paragraph without a test of eyesight.

AB68-SSA1,1275,7 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.

AB68-SSA1,1275,9 4. The department may not make consecutive renewals of an operator's license by electronic means.

AB68-SSA1,2835 Section 2835 . 343.165 (1) (c) of the statutes is amended to read:

AB68-SSA1,1275,13 343.165 (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.

AB68-SSA1,2836 Section 2836 . 343.165 (1) (e) of the statutes is amended to read:

AB68-SSA1,1275,17 343.165 (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.

AB68-SSA1,2837 Section 2837 . 343.165 (3) (b) of the statutes is amended to read:

AB68-SSA1,1275,21 343.165 (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).

AB68-SSA1,2838 Section 2838 . 343.165 (3) (c) of the statutes is amended to read:

AB68-SSA1,1276,4 343.165 (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).

AB68-SSA1,2839 Section 2839 . 343.165 (4) (b) of the statutes is amended to read:

AB68-SSA1,1276,10 343.165 (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.

AB68-SSA1,2840 Section 2840 . 343.165 (4) (d) of the statutes is amended to read:

AB68-SSA1,1276,20 343.165 (4) (d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1) (a) or (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.

AB68-SSA1,2841 Section 2841 . 343.165 (7) (a) (intro.) of the statutes is amended to read:

AB68-SSA1,1276,24 343.165 (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:

AB68-SSA1,2842 Section 2842 . 343.165 (7) (c) of the statutes is created to read:

AB68-SSA1,1277,6 343.165 (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.

AB68-SSA1,1277,10 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.

AB68-SSA1,1277,14 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).

AB68-SSA1,1277,17 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).

AB68-SSA1,2843 Section 2843 . 343.17 (3) (a) 16. of the statutes is created to read:

AB68-SSA1,1277,22 343.17 (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."

AB68-SSA1,2844 Section 2844 . 343.20 (1) (a) of the statutes is amended to read:

AB68-SSA1,1278,12 343.20 (1) (a) Except as otherwise expressly provided in this chapter, probationary licenses issued under s. 343.085 shall expire 2 years from the date of the applicant's next birthday. Licenses issued after cancellation shall expire on the expiration date for the prior license at the time of cancellation. Subject to s. 343.125 (3), all other licenses and license endorsements shall expire 8 years after the date of issuance or, if the license application was processed under s. 343.165 (7) (c) and the applicant did not provide a verified social security number, 4 years after the date of issuance. The department may institute any system of initial license issuance which it deems advisable for the purpose of gaining a uniform rate of renewals. In order to put such a system into operation, the department may issue licenses which are valid for any period less than the ordinary effective period of such license. If the department issues a license that is valid for less than the ordinary effective period as authorized by this paragraph, the fees due under s. 343.21 (1) (b) and (d) shall be prorated accordingly.

AB68-SSA1,2845 Section 2845 . 343.20 (1) (f) of the statutes is amended to read:

AB68-SSA1,1278,19 343.20 (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).

AB68-SSA1,2846 Section 2846 . 343.20 (1m) of the statutes is amended to read:

AB68-SSA1,1279,8 343.20 (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).

AB68-SSA1,2847 Section 2847 . 343.20 (2) (a) of the statutes is amended to read:

AB68-SSA1,1279,16 343.20 (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).

AB68-SSA1,2848 Section 2848. 343.50 (1) (c) 1. of the statutes is amended to read:

AB68-SSA1,1279,24 343.50 (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).

AB68-SSA1,2849 Section 2849 . 343.50 (3) (a) and (b) of the statutes are amended to read:

AB68-SSA1,1280,12 343.50 (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.

AB68-SSA1,1280,17 (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.

AB68-SSA1,2850 Section 2850 . 343.50 (5) (b) of the statutes is amended to read:

AB68-SSA1,1280,22 343.50 (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.

AB68-SSA1,2851 Section 2851 . 343.50 (5) (bm) of the statutes is created to read:

AB68-SSA1,1281,4 343.50 (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.

AB68-SSA1,2852 Section 2852 . 343.50 (5) (c) of the statutes is amended to read:

AB68-SSA1,1281,18 343.50 (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).

AB68-SSA1,2853 Section 2853 . 343.50 (6) of the statutes is amended to read:

AB68-SSA1,1282,7 343.50 (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.

AB68-SSA1,2854 Section 2854. 343.50 (8) (b) of the statutes is repealed.

AB68-SSA1,2855 Section 2855. 343.50 (8) (c) 1. of the statutes is amended to read:

AB68-SSA1,1282,14 343.50 (8) (c) 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.

AB68-SSA1,2856 Section 2856. 343.50 (8) (c) 2. of the statutes is amended to read:

AB68-SSA1,1282,21 343.50 (8) (c) 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.

AB68-SSA1,2857 Section 2857. 343.50 (8) (c) 3. of the statutes is amended to read:

AB68-SSA1,1283,2 343.50 (8) (c) 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).

AB68-SSA1,2858 Section 2858. 343.50 (8) (c) 4. of the statutes is amended to read:

AB68-SSA1,1283,9 343.50 (8) (c) 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.

AB68-SSA1,2859 Section 2859. 343.50 (8) (c) 5. of the statutes is repealed.

AB68-SSA1,2860 Section 2860 . 343.50 (8) (c) 6. of the statutes is created to read:

AB68-SSA1,1283,16 343.50 (8) (c) 6. Notwithstanding any other provision of 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.

AB68-SSA1,2861 Section 2861 . 343.50 (10) (c) of the statutes is amended to read:

AB68-SSA1,1283,23 343.50 (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).

AB68-SSA1,2862 Section 2862. 345.26 (1) (a) of the statutes is amended to read:

AB68-SSA1,1284,8 345.26 (1) (a) A person arrested under s. 345.22 or 345.28 (5) for the violation of a traffic regulation who is allowed to make a deposit under s. 345.23 (2) (a) or 345.28 (5) shall deposit the money as the arresting officer directs by either mailing the deposit at a nearby mailbox to the office of the sheriff, headquarters of the county traffic patrol, district headquarters or station of the state traffic patrol, city, village or town police headquarters or a precinct station, the office of the municipal judge, the office of the clerk of court, or by going, in the custody of the arresting officer, to any of those places to make the deposit.

AB68-SSA1,2863 Section 2863. 345.28 (3) (a) of the statutes is amended to read:

AB68-SSA1,1284,18 345.28 (3) (a) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority that issued the citation may issue a summons under s. 968.04 (3) (b) to the person and, in lieu of or in addition to issuing the summons, may proceed under sub. (4) or (5) but, except as provided in this section, no warrant may be issued for the person. If the person does not pay towing and storage charges associated with a citation for a nonmoving traffic violation, the authority that issued the citation may proceed under sub. (4).