AB50: Bill Text

AB50,2634 Section 2634. 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., and 343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read:

AB50,1306,23 343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and (b), and except as provided in subd. 2m., valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States or has any of the following:

AB50,2635 Section 2635. 343.14 (2) (es) 2m. of the statutes is created to read:

AB50,1307,5 343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if the application is for 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).

AB50,2636 Section 2636. 343.14 (2j) of the statutes is amended to read:

AB50,1307,19 343.14 (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.

AB50,2637 Section 2637. 343.14 (2p) of the statutes is created to read:

AB50,1308,2 343.14 (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.

AB50,1308,8 (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).

AB50,2638 Section 2638. 343.16 (5) (a) of the statutes is amended to read:

AB50,1309,10 343.16 (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).

AB50,2639 Section 2639. 343.165 (1) (c) of the statutes is amended to read:

AB50,1309,14 343.165 (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.

AB50,2640 Section 2640. 343.165 (1) (e) of the statutes is amended to read:

AB50,1309,18 343.165 (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.

AB50,2641 Section 2641. 343.165 (3) (b) of the statutes is amended to read:

AB50,1309,22 343.165 (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).

AB50,2642 Section 2642. 343.165 (3) (c) of the statutes is amended to read:

AB50,1310,8 343.165 (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).

AB50,2643 Section 2643. 343.165 (4) (b) of the statutes is amended to read:

AB50,1310,14 343.165 (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.

AB50,2644 Section 2644. 343.165 (4) (d) of the statutes is amended to read:

AB50,1311,2 343.165 (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.

AB50,2645 Section 2645. 343.165 (7) (a) (intro.) of the statutes is amended to read:

AB50,1311,7 343.165 (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:

AB50,2646 Section 2646. 343.165 (7) (c) of the statutes is created to read:

AB50,1311,14 343.165 (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.

AB50,1311,18 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.

AB50,1311,22 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).

AB50,1312,2 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).

AB50,2647 Section 2647. 343.17 (3) (a) 16. of the statutes is created to read:

AB50,1312,7 343.17 (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.”

AB50,2648 Section 2648. 343.20 (1) (f) of the statutes is amended to read:

AB50,1312,14 343.20 (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) 1m. 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).

AB50,2649 Section 2649. 343.20 (1m) of the statutes is amended to read:

AB50,1313,6 343.20 (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).

AB50,2650 Section 2650. 343.20 (2) (a) of the statutes is amended to read:

AB50,1313,14 343.20 (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).

AB50,2651 Section 2651. 343.21 (1) (a) of the statutes is amended to read:

AB50,1313,18 343.21 (1) (a) For the initial issuance or renewal of a license authorizing only the operation of “Class D” motor vehicles, other than a probationary license under s. 343.085, $24 $32.50.

AB50,2652 Section 2652. 343.301 (1g) (a) 2. a. of the statutes is amended to read:

AB50,1313,21 343.301 (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.

AB50,2653 Section 2653. 343.50 (1) (c) 1. of the statutes is amended to read:

AB50,1314,6 343.50 (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).

AB50,2654 Section 2654. 343.50 (3) (a) and (b) of the statutes are amended to read:

AB50,1314,20 343.50 (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.

AB50,1315,2 (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.

AB50,2655 Section 2655. 343.50 (5) (b) of the statutes is amended to read:

AB50,1315,8 343.50 (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.

AB50,2656 Section 2656. 343.50 (5) (bm) of the statutes is created to read:

AB50,1315,15 343.50 (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.

AB50,2657 Section 2657. 343.50 (5) (c) of the statutes is amended to read:

AB50,1316,6 343.50 (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).

AB50,2658 Section 2658. 343.50 (6) of the statutes is amended to read:

AB50,1316,20 343.50 (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.

AB50,2659 Section 2659. 343.50 (8) (c) 6. of the statutes is created to read:

AB50,1317,3 343.50 (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.

AB50,2660 Section 2660. 343.50 (10) (c) of the statutes is amended to read:

AB50,1317,10 343.50 (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) 1m. 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).

AB50,2661 Section 2661. 343.51 (1) of the statutes is amended to read:

AB50,1318,10 343.51 (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, from a physical therapist licensed to practice 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, physical therapist, 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.

AB50,2662 Section 2662. 343.62 (4) (a) 4. of the statutes is amended to read:

AB50,1318,21 343.62 (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, from a physical therapist licensed to practice 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.

AB50,2663 Section 2663. 345.05 (1) (ag) of the statutes is created to read:

AB50,1318,24 345.05 (1) (ag) “Authority” means a transit authority created under s. 66.1039.

AB50,2664 Section 2664. 345.05 (2) of the statutes is amended to read:

AB50,1319,10 345.05 (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.

AB50,2665 Section 2665. 349.02 (2) (b) 4. of the statutes is amended to read:

AB50,1319,13 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

AB50,2666 Section 2666. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB50,1319,17 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (ak) and (aq), (5) (es) and (9) (mu) and (mw) may be used for the following:

AB50,2667 Section 2667. 350.12 (4) (a) 3m. of the statutes is amended to read:

AB50,1319,20 350.12 (4) (a) 3m. The cost of state law enforcement efforts as appropriated under s. 20.370 (3) (ak) and (aq); and

AB50,2668 Section 2668. 350.12 (4) (am) of the statutes is amended to read:

AB50,1320,2 350.12 (4) (am) Enforcement aids to department. Of the amounts appropriated under s. 20.370 (3) (ak) and (aq), the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.

AB50,2669 Section 2669. 440.01 (1) (dL) of the statutes is created to read:

AB50,1320,5 440.01 (1) (dL) “Renewal cycle” means the period of time between 2 successive renewal dates.

AB50,2670 Section 2670. 440.01 (1) (dm) of the statutes is amended to read:

AB50,1320,11 440.01 (1) (dm) “Renewal date” means the date, specified in determined by the department under s. 440.08 (2), on which a credential expires and before which the credential holder must submit a complete renewal application under s. 440.08 (2m) (a) in order to maintain without interruption the rights, privileges and authority conferred by the credential.

AB50,2671 Section 2671. 440.03 (13) (b) 3. of the statutes is repealed.

AB50,2672 Section 2672. 440.03 (13) (b) 39m. of the statutes is created to read:

AB50,1320,14 440.03 (13) (b) 39m. Nurse, advanced practice registered.

AB50,2673 Section 2673. 440.03 (13) (b) 42. of the statutes is repealed.

AB50,2674 Section 2674. 440.03 (13) (br) of the statutes is created to read:

AB50,1320,22 440.03 (13) (br) When conducting an investigation of an arrest or conviction record under par. (a) or (bm), the department shall obtain and review information to determine the circumstances of each case or offense, except that the department may, in its discretion, complete its investigation of an arrest or conviction record without obtaining and reviewing the circumstances of any of the following types of violations:

AB50,1321,7 1. If the violation occurred more than 5 years before the application date, a first violation of s. 346.63 (1) (a), (am), or (b) or a local ordinance in conformity therewith, a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) (a), (am), or (b), or the law of another jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog, or a combination thereof or under the influence of any drug that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction’s laws.

AB50,1321,10 2. A violation of s. 125.07 (4) (a) or (b) or a local ordinance that strictly conforms to s. 125.07 (4) (a) or (b) or of a substantially similar law of another jurisdiction.

AB50,1321,11 3. A minor, nonviolent ordinance violation, as determined by the department.

AB50,2675 Section 2675. 440.03 (14) (c) of the statutes is amended to read: