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2 | 2 | | ZDW:skw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 306 |
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5 | 5 | | June 9, 2023 - Introduced by Representatives BILLINGS, MURSAU, C. ANDERSON, |
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6 | 6 | | ANDRACA, BARE, BEHNKE, CABRERA, CONLEY, CONSIDINE, DITTRICH, GUSTAFSON, |
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7 | 7 | | JACOBSON, JOERS, MOSES, OHNSTAD, ORTIZ-VELEZ, PALMERI, RATCLIFF, |
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8 | 8 | | SHANKLAND, SHELTON, SINICKI, SUBECK and TITTL, cosponsored by Senators |
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9 | 9 | | JAGLER, SPREITZER, BALLWEG, CABRAL-GUEVARA, HESSELBEIN, PFAFF and ROYS. |
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10 | 10 | | Referred to Committee on Transportation. |
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11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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12 | 12 | | AN ACT to amend 29.001 (69); and to create 343.50 (8) (c) 4m. of the statutes; |
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13 | 13 | | relating to: access to Department of Transportation records to establish |
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14 | 14 | | residency for approvals issued by the Department of Natural Resources. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | This bill provides that a person may use an identification card issued by the |
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17 | 17 | | Department of Transportation to establish residency for approvals issued by the |
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18 | 18 | | Department of Natural Resources and requires DOT to provide DNR with access to |
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19 | 19 | | DOT records for this purpose. |
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20 | 20 | | Under current law, DNR issues approvals that authorize the holder of the |
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21 | 21 | | approval to engage in certain activities, such as hunting wild animals. In general, |
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22 | 22 | | residents of the state are issued a different approval, for a lower fee, than |
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23 | 23 | | nonresidents of the state. Current law provides that a resident is anyone who has |
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24 | 24 | | maintained a permanent abode in the state for at least 30 days prior to applying for |
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25 | 25 | | an approval, which must be established by demonstrating domiciliary intent. Under |
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26 | 26 | | current law, evidence of domiciliary intent includes voting, paying personal income |
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27 | 27 | | taxes, or obtaining a driver's license at a location in the state. |
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28 | 28 | | The bill provides that domiciliary intent may also be satisfied by obtaining an |
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29 | 29 | | identification card issued by DOT. Under current law, an identification card issued |
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30 | 30 | | by DOT is required to contain the same information that is required for an operator's |
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31 | 31 | | license, including the license holder's name, address, and photograph, but must be |
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32 | 32 | | clearly labeled as providing only identification of the card's holder. |
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33 | 33 | | Current law requires DOT to maintain current records of all identification card |
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34 | 34 | | holders and generally prohibits DOT from disclosing the records to any person. |
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37 | 37 | | 3 - 2 -2023 - 2024 Legislature LRB-0257/1 |
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38 | 38 | | ZDW:skw |
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39 | 39 | | ASSEMBLY BILL 306 |
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40 | 40 | | There are numerous exceptions to this prohibition, including disclosing information |
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41 | 41 | | to the driver licensing agencies of other jurisdictions and to other state agencies for |
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42 | 42 | | specified purposes. The bill requires DOT to provide DNR electronic access to |
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43 | 43 | | identification card records for the purpose of verifying the residency of applicants for |
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44 | 44 | | DNR approvals. |
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45 | 45 | | For further information see the state fiscal estimate, which will be printed as |
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46 | 46 | | an appendix to this bill. |
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47 | 47 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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48 | 48 | | enact as follows: |
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49 | 49 | | SECTION 1. 29.001 (69) of the statutes is amended to read: |
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50 | 50 | | 29.001 (69) “Resident" means a person who has maintained his or her place of |
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51 | 51 | | permanent abode in this state for a period of 30 days immediately preceding his or |
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52 | 52 | | her application for an approval. Domiciliary intent is required to establish that a |
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53 | 53 | | person is maintaining his or her place of permanent abode in this state. Mere |
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54 | 54 | | ownership of property is not sufficient to establish domiciliary intent. Evidence of |
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55 | 55 | | domiciliary intent includes, without limitation, the location where the person votes, |
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56 | 56 | | pays personal income taxes, or obtains a driver's license or an identification card |
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57 | 57 | | issued under s. 343.50. |
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58 | 58 | | SECTION 2. 343.50 (8) (c) 4m. of the statutes is created to read: |
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59 | 59 | | 343.50 (8) (c) 4m. Notwithstanding par. (b) and s. 343.14 (2j), the department |
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60 | 60 | | shall, upon request, provide to the department of natural resources any applicant |
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61 | 61 | | information maintained by the department of transportation and identified in s. |
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62 | 62 | | 343.14 (2), including providing electronic access to the information, for the sole |
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63 | 63 | | purpose of verification by the department of natural resources that the applicant is |
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64 | 64 | | a resident of this state for the purpose of qualifying for approvals, as defined in s. |
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65 | 65 | | 29.001 (12), issued by the department of natural resources. |
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66 | 66 | | SECTION 3.0Effective date. |
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84 | 84 | | 18 - 3 -2023 - 2024 Legislature |
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85 | 85 | | LRB-0257/1 |
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86 | 86 | | ZDW:skw |
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87 | 87 | | SECTION 3 |
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88 | 88 | | ASSEMBLY BILL 306 |
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89 | 89 | | (1) This act takes effect on the first day of the 6th month beginning after |
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90 | 90 | | publication. |
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91 | 91 | | (END) |
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