| 1 | | - | Date of enactment: March 14, 2024 |
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| 2 | | - | 2023 Senate Bill 310 Date of publication*: March 15, 2024 |
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| 3 | | - | 2023 WISCONSIN ACT 114 |
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| 4 | | - | AN ACT to amend 29.001 (69); and to create 343.50 (8) (c) 4m. of the statutes; relating to: access to Department |
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| 5 | | - | of Transportation records to establish residency for approvals issued by the Department of Natural Resources. |
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| 6 | | - | The people of the state of Wisconsin, represented in |
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| 7 | | - | senate and assembly, do enact as follows: |
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| 8 | | - | SECTION 1. 29.001 (69) of the statutes is amended to |
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| 9 | | - | read: |
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| 10 | | - | 29.001 (69) “Resident” means a person who has |
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| 11 | | - | maintained his or her place of permanent abode in this |
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| 12 | | - | state for a period of 30 days immediately preceding his |
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| 13 | | - | or her application for an approval. Domiciliary intent is |
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| 14 | | - | required to establish that a person is maintaining his or |
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| 15 | | - | her place of permanent abode in this state. Mere owner- |
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| 16 | | - | ship of property is not sufficient to establish domiciliary |
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| 17 | | - | intent. Evidence of domiciliary intent includes, without |
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| 18 | | - | limitation, the location where the person votes, pays per- |
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| 19 | | - | sonal income taxes, or obtains a driver’s license or an |
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| 20 | | - | identification card issued under s. 343.50. |
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| 21 | | - | SECTION 2. 343.50 (8) (c) 4m. of the statutes is cre- |
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| 22 | | - | ated to read: |
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| 23 | | - | 343.50 (8) (c) 4m. Notwithstanding par. (b) and s. |
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| 24 | | - | 343.14 (2j), the department shall, upon request, provide |
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| 25 | | - | to the department of natural resources any applicant |
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| 26 | | - | information maintained by the department of transporta- |
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| 27 | | - | tion and identified in s. 343.14 (2), including providing |
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| 28 | | - | electronic access to the information, for the sole purpose |
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| 29 | | - | of verification by the department of natural resources that |
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| 30 | | - | the applicant is a resident of this state for the purpose of |
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| 31 | | - | qualifying for approvals, as defined in s. 29.001 (12), |
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| 32 | | - | issued by the department of natural resources. |
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| 1 | + | LRB-3007/1 |
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| 2 | + | ZDW:skw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 SENATE BILL 310 |
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| 5 | + | May 24, 2023 - Introduced by Senators J AGLER, SPREITZER, BALLWEG, |
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| 6 | + | CABRAL-GUEVARA, HESSELBEIN, PFAFF and R OYS, cosponsored by |
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| 7 | + | Representatives BILLINGS, MURSAU, C. ANDERSON, ANDRACA, BARE, BEHNKE, |
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| 8 | + | CABRERA, CONLEY, CONSIDINE, DITTRICH, GUSTAFSON, JACOBSON, JOERS, MOSES, |
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| 9 | + | OHNSTAD, ORTIZ-VELEZ, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI, |
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| 10 | + | SUBECK and TITTL. Referred to Committee on Financial Institutions and |
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| 11 | + | Sporting Heritage. |
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| 12 | + | AN ACT to amend 29.001 (69); and to create 343.50 (8) (c) 4m. of the statutes; |
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| 13 | + | relating to: access to Department of Transportation records to establish |
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| 14 | + | residency for approvals issued by the Department of Natural Resources. |
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| 15 | + | Analysis by the Legislative Reference Bureau |
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| 16 | + | This bill provides that a person may use an identification card issued by the |
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| 17 | + | Department of Transportation to establish residency for approvals issued by the |
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| 18 | + | Department of Natural Resources and requires DOT to provide DNR with access to |
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| 19 | + | DOT records for this purpose. |
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| 20 | + | Under current law, DNR issues approvals that authorize the holder of the |
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| 21 | + | approval to engage in certain activities, such as hunting wild animals. In general, |
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| 22 | + | residents of the state are issued a different approval, for a lower fee, than |
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| 23 | + | nonresidents of the state. Current law provides that a resident is anyone who has |
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| 24 | + | maintained a permanent abode in the state for at least 30 days prior to applying for |
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| 25 | + | an approval, which must be established by demonstrating domiciliary intent. Under |
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| 26 | + | current law, evidence of domiciliary intent includes voting, paying personal income |
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| 27 | + | taxes, or obtaining a driver's license at a location in the state. |
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| 28 | + | The bill provides that domiciliary intent may also be satisfied by obtaining an |
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| 29 | + | identification card issued by DOT. Under current law, an identification card issued |
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| 30 | + | by DOT is required to contain the same information that is required for an operator's |
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| 31 | + | license, including the license holder's name, address, and photograph, but must be |
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| 32 | + | clearly labeled as providing only identification of the card's holder. |
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| 33 | + | Current law requires DOT to maintain current records of all identification card |
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| 34 | + | holders and generally prohibits DOT from disclosing the records to any person. |
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| 35 | + | 1 |
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| 36 | + | 2 |
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| 37 | + | 3 - 2 -2023 - 2024 Legislature LRB-3007/1 |
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| 38 | + | ZDW:skw |
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| 39 | + | SENATE BILL 310 |
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| 40 | + | There are numerous exceptions to this prohibition, including disclosing information |
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| 41 | + | to the driver licensing agencies of other jurisdictions and to other state agencies for |
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| 42 | + | specified purposes. The bill requires DOT to provide DNR electronic access to |
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| 43 | + | identification card records for the purpose of verifying the residency of applicants for |
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| 44 | + | DNR approvals. |
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| 45 | + | For further information see the state fiscal estimate, which will be printed as |
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| 46 | + | an appendix to this bill. |
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| 47 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 48 | + | enact as follows: |
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| 49 | + | SECTION 1. 29.001 (69) of the statutes is amended to read: |
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| 50 | + | 29.001 (69) “Resident" means a person who has maintained his or her place of |
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| 51 | + | permanent abode in this state for a period of 30 days immediately preceding his or |
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| 52 | + | her application for an approval. Domiciliary intent is required to establish that a |
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| 53 | + | person is maintaining his or her place of permanent abode in this state. Mere |
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| 54 | + | ownership of property is not sufficient to establish domiciliary intent. Evidence of |
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| 55 | + | domiciliary intent includes, without limitation, the location where the person votes, |
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| 56 | + | pays personal income taxes, or obtains a driver's license or an identification card |
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| 57 | + | issued under s. 343.50. |
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| 58 | + | SECTION 2. 343.50 (8) (c) 4m. of the statutes is created to read: |
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| 59 | + | 343.50 (8) (c) 4m. Notwithstanding par. (b) and s. 343.14 (2j), the department |
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| 60 | + | shall, upon request, provide to the department of natural resources any applicant |
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| 61 | + | information maintained by the department of transportation and identified in s. |
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| 62 | + | 343.14 (2), including providing electronic access to the information, for the sole |
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| 63 | + | purpose of verification by the department of natural resources that the applicant is |
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| 64 | + | a resident of this state for the purpose of qualifying for approvals, as defined in s. |
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| 65 | + | 29.001 (12), issued by the department of natural resources. |
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