STATE OF WIS
CONSIN
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PROPOSED ORDER AMENDING EMERGENCY RULE
EmR
161
8
The Wisconsin Department of Transportation proposes an Order to amend Trans 102.15 (3) (d), (5) (a), and (5m (b) 1., 2. and
3.,
and (c); and to create Trans 102.15 (3) (c), (d) 2., (5) (d) and (6m) of the Wisconsin Administrative Code
ch.
Trans 102
relating to operator’s licenses and identification cards.
The
Statement of Scope
for this rule, SS
026-16
, wa
s approved by the Governor on
April 18, 2016
, and published in Wiscon
sin Administrative
Register No. 724B
, on A
pril 25
, 2016
, and approved by the Secretary of the State of Wisconsin Department of Transportation
(“Department”) Mark Gottlieb, P.E., on May 6, 2016.
The Department
proposes an O
rder to amend
Trans 102.15
(3)
(d), (5)
(a), and (5m)
(b) 1., 2.
and
3.
,
and (c); and to create Trans 102.15
(3)
(c), (d)
2., (5)
(d) and (6m)
of the Wisconsin Ad
ministrative Code
,
relating to o
perator’s licenses and i
dentification cards
.
ANALYSIS
Explanation of Statutory Authority
:
Sections
343.14
and
343.50
(4)
, Wis. Stats.,
specify
the
contents
of applications for identification
cards and authorize
the Department to require such information as the Department considers
appropriate
to identify the
applicant.
Section
343.50
, Wis. Stats.,
requires the Department to issue identification cards.
Section
343.50
(5)
(a)
3
.
,
Wis. Stats.,
prohibits the Department from charging a fee for an identification card requested by a qualified applicant who requests it for purposes of voting
.
Section
343.50
(1)
(c)
, Wis. Stats.,
authorizes the Department to issue an identification card receipt as a temporary identification card while the Department processes the application.
Section
343.02
(1)
, Wis. Stats.,
authorizes the Department to promulgate such rules concerning
identification c
ards that the Secretary
of the Department
considers necessary.
Section
85.16
(1)
,
Wis. Stats.,
authorizes the Secretary of
the Department
to make rules deemed necessary to the discharge of the powers, duti
es and functions vested in the D
epartment.
Related Statutes and Rules
:
Section
343.50
, Wis. Stats.,
requires the Department to issue identification cards.
Trans 102.15, Wis. Adm. Code
(“Trans 102.15”)
, requires proof of identification for issuance,
duplicate issuance,
renewal,
re
issuance,
or
reinstatement
of a
driver license or identification card, and specifies the acceptable documentary proof.
Trans
102.15
also establishes a petition process under which an applicant may request an exception to the documentary proof requirements for name and date of birth.
Plain Language Analysis
Background:
In 2011, Wisconsin enacted a statute requiring voters to present photographic identification
when voting
, and listed identification cards issued by the Department’s Division of Motor Vehicles (“DMV”) among the types of acceptable photographic identification. The statute also prohibited DMV from charging a fee to an
individual applying
for the initial issuance, renewal,
duplicate issuance,
or reinstatement of an identification card if the
individual
is a U.S. citizen who will be at least 18 years of age on the date of the next election and
he or she
requests that the identification card be provided without charge for purposes of voting.
DMV amended its administrative rules in 2014 to
establish a petition process by which
an
applicant could present extraordinary proof to document
his or her
name, date of birth and U.S. citizenship, which DMV verifies through the Wisconsin Department of Health Services or other states or units of government as needed, thereby eliminating the applicant’s responsibility to pay government fees for supporting documents.
Specifically, T
rans
102
.15
(5
m) permits an individual
who applies for an identification card without charge for purposes of voting
to make a written petition to the DMV administrator for an exception to the requirements s
et forth in Trans
102.15
(3)
(a) if the individual is unable to provide the required documents and the documents are unavailable to the individual. If the initial petition process
set forth in Trans
102.15
(5m)
(b)
is unsuccessful in
verifying
an applicant’s name, date of birth and U.S. citizenship
, the Department may issue an identification card if it
receives
other secondary documentation that is deemed acceptable to the DMV administrator to prove name, date of birth and U.S.
citizenship
.
S
ince the implementation of the extraordinary proof petition process, DMV has developed best practices
,
identified
appropriate timelines
and standards
for action,
and identified common
-
sense
steps
that must be followed in the application
and petition
process
to ensure consistency in the processing of applications
.
This rule
sets forth these best practices
, timelines
, standards
and common-sense
steps
.
In addition, this rule includes provisions that result in a more specific process
and deadlines
to verify an applicant’s name, date of birth and U.S. citizenship, thereby limiting the
DMV administrator’s discretion
by establishing and requiring
a consistent application of standards and criteria throughout the petition process.
Rule Content:
This rule
adopts Wisconsin common law and
requires the DMV administrator to approve a name change
for an identification card
if the common law requirements are met
and the applicant submits an affidavit to that effect
.
This rule change
also
clarifies the steps taken
by the D
epartment
during the petition process for a no-fee identification card for voting purposes, including issuing receipt documentation
for use as a temporary identification card usable for voting purposes by
an applicant during the petition process described
in Trans
102. This rule change also adds specific
criteria, standards and
procedures
for the extraordinary proof petition process, thus
setting forth mandatory duties of
DMV’s
administrator and limiting
the DMV administrator’s
discretion during the petition process.
The statement
of scope
published for this rule included notice of the Department’s intent to promulgate a permanent rule on this
subject. The Department intends the permanent
rule to be substantially
similar to this emergency rule.
Section 1
authorizes the DMV administrator to recognize name changes accomplished under Wisconsin common law if the applicant provides evidence of that change.
Section 2
reorganizes existing name change provisions to make room for a mandatory common law name change approval described in Section 3 below.
Section 3
requires the DMV administrator to approve a name change if the
applicant
for an identification card
provides an affidavit declaring all evidence required to prove a name change under
Wisconsin’s common law
.
Section 4
exempts a qualified applicant for an identification card requested without charge for voting purposes
from the requirement
to provide a social security number, by allowing the
use of a number issued by the D
epartment in lieu of a social security number.
Section 5
requires any person issued an identification card without charge for voting purposes without providing a social security number to provide a social security number on any subsequent application for an instruction permit or operator’s license.
Section 6
requires the D
epartment to provide a translator to applicants who cannot read or understand notices relating to the petition process,
sub
stitutes
“
applicant
”
for
“person”
to achieve consistency in terms, and corrects capitalization errors.
Section 7
requires petitions to be processed at DMV’s central office in Madison, and the creation of a written file documenting all activity and communications concerning the application processing. The section also corrects capitalization errors.
Section 8
details the petition process and does all of the following:
•
Requires
two
successive written requests to the applicant to provide additional information that is reasonably
likely to lead the D
epartment to the discovery of correct birth information or secondary documentation required to verify the applicant
’
s name, date of birth or U.S. citizenship.
•
Requires
a telephone call to the applicant to request the applicant provide additional information, if
the telephone number is known and
the applicant failed to respond to the
two
prior letters.
•
Requires
the
Department to suspend its
investigation into
a
petition if the applicant fails to provide additional information
in a
timely
manner
,
after
two
successive letters and telephone call.
The rule requires the Department to send detailed written notice of the suspension to the applicant, requesting additional information, and notifying the applicant that no identification card receipts will be issued
to him or her
after 180 days
if no additional information is provided within
that time
.
•
Requires
the written denial of an application if it remains suspended for 180 days without the applicant providing any additional information.
•
Requires
suspension of an investigation if the administrator or specified DMV managers determine the application is fraudulent, requires written notice to the applicant of the suspension and the reasons for the suspension
, and requires the D
epartment to refer the suspected fraud to law enforcement
.
•
Requires
the resumption
of an investigation, regardless
of
any prior suspensions or denial,
and the immediate issuance
of an identification card
receipt
if the applicant provides additional information that is
reasonably likely to lead the D
epartment to the discovery of correct birth information or secondary documentation.
•
Requires
the applicant to act in good faith
and use reasonable efforts
to provide information
to assist the D
epartment in locating and obtaining correct birth information
o
r secondary documentation.
•
Requires
DMV
to
use
reasonable efforts, promptly and with due diligence,
to locate and
obtain
additional
documentation by following leads provided by the applicant.
•
Establishes
the qualifications of those who research leads provided by the applicant.
•
Requires
DMV to pay fees required by the record custodian for secondary documentation.
•
Requires
the administrator to approve a petition whenever he or she is satisfied that the applicant’s name, date of birth and U.S. citizenship is, more likely than not, correct based on secondary documents and other corroborating evidence.
Section 9
specifies those subordinates to whom the DMV administrator may delegate authority to accept or reject secondary proof of the applicant’s name, date of birth or U.S. citizenship.
Section 10
creates a temporary identification card receipt usable for voting purposes while the identification card application is being processed, and
does all of the following:
•
Requires the issuance of
a
n identification card
receipt pursuant to s.
343.50
(1)
(c)
, Stats.
,
to any qualified applicant
for an identification card free of charge for voting purposes
who
makes
a
petition
under Trans
102.15
(5m)
that cannot be resolved within 5 working days
.
The
Department must mail the
receipt to the applicant no later than the sixth business day after
he or she submitted the petition
, which delay will permit
DMV
time
to
complete processing
the majority of petitions in the existing process set forth in
Trans 102.15
(5m) without having to issue
a receipt pursuant to this rule.
•
E
stablishes
the
required contents of the receipt, which shall include a clear mark stating “FOR VOTING PURPOSES ONLY”
.
The receipt shall also include other information required
on driver licenses and identification cards
by s
s
.
343.17
(3)
and
343.50
(4g)
, Stats.
•
E
stablishes
pr
ovisions for cancell
ation or refusal to issue a receipt
and for the issuance of a replacement
.
•
Prohibits
issuance of a receipt after an application is denied, unless the applicant provides additional information. The Department must issue a receipt to any applic
ant whose application is denied
whenever the applicant provides additional information sufficient to revive the Department’s investigation.
•
Requires
the applicant to notify the Department of a change in address
within 30 days,
so that any receipts
and correspondence
may be delivered
to
the correct address.
•
Applies
this emergency rule to petitions currently under consideration
or already denied due to missing information by issuing receipts to any of the following:
•
Applicants
whose petitions were
filed 6 or more working days previously and were not denied.
•
Applicants whose petitions were previously denied, together with a request for additional information, and a notice that the Department will cease issuing receipts if the applicant provides no additional information within 180 days. The Department will deem these applications to have been suspended, with no active investigation until the applicant provides additional information.
Section 11
states the effective date and duration of this emergency rule.
Summary of and Comparison with Existing or Proposed Federal Statutes and Regulations
:
Federal law generally does not regulate the issuance of identification cards
by states;
however federal law
,
the “REAL-ID law”, P.L.
109-13
, section 202 (d) (11)
,
prohibits the use of state-issued identification cards for purposes of federal identification or any other official federal purpose, such as entering federal buildings or airports, unless the identification card application included federally required documents and the state stored and retained those documents. Federal law requires that identification cards that do not meet those requirements be distinct in appearance from those that do.
Comparison with
Rules in A
djacent
S
tates:
Illinois
: Illinois requires applicants for an original identification card or driver’s license to provide documentary proof of signature, date of birth, social security number and residency. Documents acceptable to prove date of birth are original:
Adoption Records; Birth Certificate; Court Order -- Change of Birth Date; Certified Grade/High School/College/University Transcript; U.S. Citizenship and Immigration Services (USCIS) forms; U.S. Visa Military Driver's License -- U.S.; Military Identification Card -- U.S.; Military Service Record -- DD214; Naturalization Certificate; Passport -- Valid with Complete Date of Birth; U.S. Passport Card - Valid with Complete Date of Birth; or Social Security Award Letter (Primary Beneficiary Only).
92 Ill. Adm. Code 1030 App. B.
Illinois issues identification cards for the homeless at no cost. Applicants for a no-fee homeless identification card must provide proof of name, date of birth and social security number, but in lieu of proof of address may submit a ‘homeless status certification
’
signed by the homeless applicant before
:
a notary public and attested to by a representative of a homeless service agency that receives public funding; an attorney; a
public school homeless liaison or school social worker; a human services provider funded by the State of Illinois; or a representative of a religious organization that offers services to the homeless. 92 Ill. Adm. Code 1030.12;
92 Ill. Adm. Code 1030 App. B.
Iowa
:
An applicant for an original driver’s license or identification card must provide proof of
identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States.
IA ADC 761-601.5(321).
To establish identity and date of birth, an applicant must submit at least one of the following documents: a valid, unexpired U.S. passport or U.S. passport card; a certified copy of a birth certificate and, if applicable, a certified amended birth certificate showing a change in name, date of birth, or sex, filed with a state office of vital statistics or equivalent agency in the applicant's state of birth. The birth certificate must be a certified copy and have the stamp or raised seal of the issuing authority. A hospital-issued
certificate is not acceptable.
The following are acceptable: Consular Report of Birth Abroad issued by the U.S. Department of State; a valid, unexpired Permanent Resident Card issued by the U.S. Department of Homeland Security or U.S. Immigration and Naturalization Service; an unexpired employment authorization document issued by the U.S. Department of Homeland Security; an unexpired foreign passport with a U.S. visa affixed, accompanied by the approved 1-94 form documenting the applicant's most recent admittance into the United States; certificate of Naturalization issued by the U.S. Department of Homeland Security; a Certificate of Citizenship issued by the U.S. Department of Homeland Security; a REAL ID driver's license or identification card issued in compliance with the standards established by
6 CFR Part 37
; such other documents as the U.S. Department of Homeland Security may designate as acceptable proof of identity and
date of birth for REAL ID purposes by notice published in the Federal Register; an Inmate Descriptor Inquiry, Client Information Inquiry or Offender Snapshot document is
sued by the Iowa Department of C
orrections or the United States District Court, Northern and Southern Districts of Iowa. The document must contain the applicant's full legal name and date of birth
,
and
must
be notarized.
IA ADC 761-601.5(321).
Michigan
:
Michigan requirements for state identification cards are set forth in statute and do not appear to be addressed in administrative code. In general, r
esidents applying for a state identification card must present documentation of a valid
social s
ecurity number
,
U.S. citizenship or legal presence, identification and Michigan residency
. Mich. Comp. Laws
Annot
.
28.304. Application requirements for a
“Standard official state personal identification card” are set forth at Mich. Comp. Laws
Annot
.
28.291
to
28.300
.
The following documents are acceptable proof of identity: Out-of-state, U.S. territories, or Canadian driver’s license or
identification
card, expired for less than one year; marriage license issued in the U.S.; divorce decree issued in the U.S.;
U.S. court order for a name change;
photo
identification
card issued by a federal or Michigan government agency;
U.S. Customs and Border Protection Trusted Traveler Car
d
;
U.S. military
identification
card with photo;
U.S. military discharge or separation documents;
Tribal photo
identification
card from a federally recognized Native American tribe;
Michigan Department of Corrections prisoner
identification
card (requires verification);
Michigan driver education certificate (applicants age 18 and younger); Michigan adoption record;
or
U.S. school records (school ID cards with name and photo, diplomas, transcripts or yearbooks)
.
If the applicant is below age 18 and does not have one of the above, a parent or guardian must present
his or her
driver’s license or identification card and sign for the
child
.
Minnesota
: Minnesota requires applicants for original driver’s license or identification card to provide documentary proof of date of birth, full legal name, social security number, photographic identity, and U.S. citizenship.
The applicant must present one legible, unaltered, primary document that contains the applicant's full name and date of birth as proof of name, date of birth, and identity, which are described as follows: a copy of the applicant's record of birth certified by the issuing government jurisdiction of the United States or U.S. territory; a certified copy of an adoption certificate with the applicant's full name and date of birth from a United States court of competent jurisdiction; an unexpired identification card issued to the applicant by the United States Department of Defense for active duty, reserve, or retired personnel; a valid unexpired passport issued to the applicant by the United States Department of State; an applicant or owner may present a valid, unexpired passport issued to the applicant from a jurisdiction other than the United States Department of State with either a United States Department of Justice or United States Department of Homeland Security Arrival and Departure Form I-94 attached or an unexpired I-551 stamp; a Canadian birth certificate or Canadian naturalization certificate with a United States Department of Justice or a United States Department of Homeland Security Arrival and Departure Form I-94 attached, bearing the same name as that on the Canadian birth certificate or Canadian naturalization certificate and containing an unexpired endorsement of the alien's nonimmigrant status or authorized presence; or one of the listed documents issued by the United States Department of Justice or the United States Department of Homeland Security including Certificate of Naturalization, Certificate of Citizenship, United States Citizen Identification card, Permanent Resident or Resident Alien card, Northern Mariana card, American Indian card,
employment authorization document with a photograph, or unexpired Re-entry Permit/Refugee Travel Document.
MN Adm. Code 7410.0400.
Minnesota does grant variances to applicants whose required documentation is not available.
MN ADC 7410.0600.
If a person is unable to comply with the proof requirements of part 7410.0400, the person may make written application to the commissioner of public safety or a designee for a variance. The applicant must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity. In making a decision to grant or deny the variance, the commissioner or a designee shall consider the following: the availability of the required documents; the degree of hardship placed on the applicant; the effect of granting the variance on the public; the effect of granting the variance on the integrity of the record system; and the trustworthiness of the information supplied by the applicant regarding the applicant's name and identity. The commissioner shall grant the variance if all of the following conditions are present: the documents required by
part 7410.0400
are either not reasonably available or do not exist; compliance with part 7410.0400 would cause an undue hardship for the applicant; granting the variance will have no adverse effect on the public; granting the variance will not jeopardize the integrity of the record system; and the applicant has established the applicant's name and identity by trustworthy evidence and documentation. MN
Adm. Code 7410.0600.
Minnesota does issue
a state identification card at a reduced fee to a qualified applicant with a condition of developmental disability, mental illness, or a physical disability.
MN Adm. Code 7410.0700.
Summary of Factual Data and Analytical Methodologies
:
To develop this rule, the Department reviewed state laws related to issuance of an identification card
and steps taken to provide verification during a petition process
. The Department also analyzed its
policies and
practice
s
under the existing petition process
to obtain the information and documentation necessary to complete application processing
, the number of applications made to the petition process since the
implementation of the
new petition process set forth in Trans 102.15(5m), the number of applications resolved within a specific number of days
, and other data collected within the existing process
. The Department also
analyzed the
time in which secondary proof was obtained and verified
.
Ana
lysis and Supporting Documents U
sed to Determine Effect on Small Business
:
Identification cards are issued only to natural persons. The Department identified no effect on small businesses related to this rule.
Effect on Small Business
:
The Department anticipates no effect on
small
businesses
as
a
result of this rule. T
h
e Department is unaware of any business
that provides assistance in obtaining government documents required to support an application for an identification
card
.
The agency contact person listed below is also the small business regulatory coor
dinator for this proposed rule.
This proposed rule, fiscal estimate, and other related documents may be viewed at
https://health.wisconsin.gov/admrules/public/Home
.
Agency Contact Person:
Kristina Boardman, Administrator
Division of Motor Vehicles
4802 Sheboygan Ave
nue,
R
oom
225
Madison, WI 53707
Phone:
(608) 261-8605
Finding of Emergency
:
Th
is
emergency rulemaking is necessary to preserve the public welfare by ensuring that
qualified applicants who may not be able to
obtain acceptable photographic identification for voting purposes with reasonable effort
before the next scheduled statewide elections in August 2016 and the statewide and national elections in November 2016
will be able to obtain photographic identification
for use in those elections
. It is possible that the full rulemaking process would not be completed in time to enable an individual to obtain the identification required to vote in those elections.
This
emergency rulemaking is also necessary to preserve the integrity of the verification process utilized by the Department in issuing an identification card while still preserving the public welfare by ensuring that
qualified applicants who may not be able to
obtain acceptable photographic identification
for voting purposes
with reasonable effort will be able to obtain photographic identification before the next scheduled elections. The
rule provisions r
egarding the issuance, contents, cancel
l
ation, refusal to issue, and
term
of a receipt
establish parameters to ensure the
continued
integrity of the identification process while still addressing the underlying needs of
qualified
individuals who may not otherwise be able to obtain the identification required in upcoming elections.
The rule also codifies common
law provisions, required timelines
, standards
and common-sense best practices identified by DMV that ensure consistency and limit the DMV administrator’s discretion in processing petition applications.
TEXT OF EMERGENCY RULE
SECTION
1. Trans 102.15(3
)(
c) is created to read:
Trans 102.15(3)(c) For an identification card, to establish a name other than the name that appears on a
supporting
document, the person may provide evidence acceptable to the
administrator that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person’s prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s.
343.03(3r)
, Stats.
SECTION
2. Trans 102.15(3
)(
d) is amended to read:
Trans 102.15(3
)(
d) The administrator shall approve a name change requested by a person who cannot provide documentation under par. (a) 17.
of
a lawful change of name
if the person provides
but who does one of the following:
1. Provides
proof of identity specified in sub. (4)
in
the new name, and the administrator receives from the federal social security administration evidence or confirmation of the name change.
SECTION
3. Trans 102.15(3
)(
d)2.
is
created to read:
Trans 102.15(3
)(
d)2. Applies for an identification card and provides an affidavit declaring all
facts
required under par. (c)
t
o
prove a name change under the common law of Wisconsin.
SECTION
4. Trans 102.15(5
)(
a) is amended to read:
Trans 102.15(5
)(
a) Each person who applies for an operator's license or
ID
identification
card is required to provide his or her social security number, except that Class D and M license applicants may be issued licenses without social security numbers as provided in pars. (b) and (c)
and that an applicant requesting an identification card without charge for purposes of voting may be issued an identification card
receipt
under s.
343.50(1)(c)
, Stats.,
without a social security number as provided in pars. (b), (
bm
) and (c)
. The department may verify the number with the federal social security administration prior to acceptance for issuance of an operator's license or identification card, may delay issuance of a license if verification cannot be completed at the time of application, or may cancel a license if verification is requested after license issuance and the person does not provide verification. The original social security card or other documentation satisfactory to the department to prove the person's social security number shall be presented to the examiner for verification of the number, when any of the following apply:
SECTION
5
.
Trans 102.15(5
)(
d) is created to read:
Trans 102.15(5
)(
d)
Any person issued an identification card without charge for
purposes
of
voting without a social security number as provided in par. (a)
is
required to provide his or her social security number on any subsequent application for an instruction permit or operator’s license
, unless another exception applies to that application
.
SECTION
6
.
Trans 102.15(5m
)(
b)1.
is
amended to read:
Trans 102.15(5m
)(
b)1. If a person
applies for and
requests an identification card without charge for the purposes of voting and the person's proof of name and date of birth under sub. (3)
or
of proof of
U.S.
citizenship under sub. (3m) is unavailable, the
person
applicant
may make a written petition to the administrator for an exception to the requirement
for which proof is unavailable.
The department shall provide appropriate translation for any applicant who is unable to read or understand the
petition process instructions and related communications
under this subsection or sub. (6m).
The
petition shall include the
person's
applicant’s
statement under oath or affirmation
of all of the following
: that the person is unable to provide documentation under sub. (3)
or
proof of citizenship under sub. (3m); that the documents are unavailable to the person; and of his or her name, date of birth, place of birth, and such other birth record information requested by the
Department
department
, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
SECTION
7
. Trans 102.15(5m
)(
b)2.
i
s
amended to read:
Trans 102.15(5m
)(
b)2. Upon receiving a petition that meets the requirements under
subd
. 1
.
, the
department
of transportation
shall forward the petition to the central office of
its
division of motor vehicles for processing. The
administrator shall provide the person's birth record information to the
Department
department
of health services, for the sole purpose of verification by the
Department
department
of health services of the person's birth certificate information or the equivalent document from another jurisdiction, other than a province of the Dominion of Canada, or to a federal agency for the sole purpose of verifying the person's certificate of birth abroad issued by the U.S.
Department
department
of state, or of verifying the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
The administrator shall open a file containing the petition and shall create therein a report with a dated record of events, including all communication to or with the applicant.
The
Department
department
of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in
subd
. 3.
SECTION
8
. Trans 102.15(5m
)(
b)3.
is
amended to read:
Trans 102.15(5m
)(
b)3. If the
Department
department
of transportation
does not receive verification under
subd
. 2.
within
3
0 days
or receives notice under
subd
. 2., that the birth information provided by the applicant does not match that of the birth record custodian
, the
Department
department
of transportation
shall
promptly
notify the
person
applicant in writing
of that failure to verify
.
The
and
request the applicant to provide
additional information within 1
0 days.
If the app
licant does not respond within 1
0 days, the department
of transportation
shall send the applicant a second letter with substantially similar contents. If the applicant does not respond to the
second letter within 1
0
days
and the department
of transportation
knows the applicant’s telephone number
, the department
of transportation
shall call
the applicant on the telephone and request the applicant to provide additional information within 10 days.
If 30 days have elapsed since the date of the first letter sent under this subdivision without contact from the applicant,
the department
of transportation
shall
suspend the investigation
and send written notice that the applicant has not responded, that the department
of transportation
has no further leads
for it
to locate or obtain secondary documentation or verification of birth information, that the department
of transportation
has suspended its investigation or research until such time as the applicant provides additional
information
, and that if the applicant provides no additional information within the next 180 days the petition will be denied and no further
identification card
receipts will be
issued under sub. (6m)
. If the administrator
, or delegate described in par. (c),
determine
s
that an applicant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application, petition or additional information
,
the department
of transportation
shall immedi
ately suspend the investigation,
shall notify the applicant in writing of the suspension and the reason for the suspension
, and refer the suspected fraud to law enforcement
. If the applicant fails to contact the department
of transportation
within 180 days after the department
of transportation
suspends the investigation, the administrator shall deny the petition in writing and shall inform the applicant that the department
of transportation
will resume the investigation if the applicant provides additional information. Whenever an applicant provides additional information, the investigation under this subdivision shall begin anew
, notwithstanding any prior denial
. An applicant whose petition is suspended or denied may revive the petition at any time by providing additional information to the administrator. The applicant shall act in good faith and use reasonable efforts to provide additional information to assist the department
of transportation
in processing the application. The administrator shall investigate the petition and all additional information provided by the applicant under this subdivision with prompt and due diligence and shall use reasonable efforts to locate and obtain the secondary documentation by pursuing leads provided by the applicant. Investigations may only be completed within the division of motor vehicles’ central office by employees whose regular job duties include investigation and fraud detection and prevention. If the investigation discovers new or corrected birth information, the department
of transportation
shall resubmit the new or corrected birth information to the department of health services for verification under
subd
. 2. The department
of transportation
shall pay any actual, necessary fees required by the record custodian to obtain the secondary documentation.
The administrator shall grant a petition when he or she concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth or U.S. citizenship provided by the applicant is correct.
In this subdivision, “additional information” means information not previously provided to the department
of transportation
that could reasonably lead the department
of transportation
to discover correct birth information or secondary docum
entation as described in
subd
. 3g
.
3g.
If
the department of health services does not verify the birth record information
within 30 days
, the
Department
department
of transportation
may
thereafter
issue an identification card to the
person
applicant
only if the
Department
department
of transportation
receives verification under
subd
. 2., if the
person
applicant
provides proof required under sub. (3) or (3m), or if the
Department
department
of transportation
receives other secondary documentation
that is extraordinary proof and deemed
acceptable to the administrator
to prove name, date of birth or U.S. citizenship
and deemed sufficient under
subd
. 3.
, which may include the following:
SECTION
9
. Trans 102.15(5m
)(
c) is amended to read:
Trans 102.15(5m)(c) The administrator may delegate to the
administrator's subordinates
deputy administrator
or to a bureau director
,
as described in s.
15.02(3)(c)2.
, Stats., whose regular responsibilities include driver licensing
and identification card issuance
,
the authority to accept or reject such extraordinary proof of name, date of birth, or
U.S.
citizenship under this subsection.
SECTION
10
. Trans 102.15(6m) is created to read:
Trans 102.15(6m)
Temporary identification card receipt
. (a)
Issuance process
. The department shall issue a
n identification card
receipt under s.
343.50(1)(c)
, Stats., to any individual
who has applied for an identification card without charge for the purposes of voting and who makes a written petition under Trans 102.15(5m). The department shall issue the receipt not later than the sixth working day after the applicant
made
the petition. The department shall issue a receipt under this subsection only by first-class mail. The department shall issue a new receipt to the applicant not later than 10 days before the expiration date of the prior receipt, and having a date of issuance that is the same as the expiration date of the prior receipt. The department shall issue no
receipt to an applicant after the denial of a petition under sub.
(5m)(b)3.
, except that if the applicant provides additional information that revives an investigation under sub. (5m)(b)3., the department shall immediately issue, and continue to reissue, a receipt
to the applicant
as provided in that subdivision.
(b)
Contents.
A
n identification card
receipt issued under this subsection shall constitute a temporary identification card while the application is being processed under Trans 102.15(5m) and shall be valid for a period not to exceed the period specified in s.
343.50(1)(c)
, Stats. The department shall clearly mark the receipt “FOR VOTING PURPOSES ONLY” as validated for use for
voting as provided in ss.
5.02(6m)(d)
and
6.79(2)(a)
, Stats
. A receipt issued under this subsection shall contain the information specified under s.
343.17 (3)
, Stats., including the date of issuance, the expiration date, the name and signature of the applicant to whom it was issued and, except as authorized in s.
343.50(4g)
, Stats., a photograph of the individual to whom it was issued, and may contain such further information as the department deems necessary.
(c)
Replacement.
The department shall issue a replacement
identification card
receipt under par. (a)
upon
request of the applicant to whom it is issued if the receipt is lost or destroyed.
(d)
Cancellation or refusal
. Notwithstanding par. (a), the department shall cancel or refuse to issue a
n identification card
receipt under this subsection upon the circumstances specified in s.
343.50(10)
, Stats., upon the issuance of an operator’s license or identification card to the applicant, upon the applicant’s request, upon the denial of the application,
upon
return
to the department
of a receipt as non-deliverable, or whenever the department receives information from a local, state, or federal government agency that the applicant is not a U.S. citizen.
(e)
Address changes
. Whenever any applicant, after receiving a
n identification card
receipt under this subsection, moves from the address named in the application or in the receipt issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the applicant shall, within 30 days, notify the department in writing of his or her change of address. Upon receiving a notice of change of address, the department shall
promptly
issue a new receipt under par. (a)
showing
the correct address and having the expiration date of the prior receipt.
(f)
Emergency rule implementation.
On the effective date of this emergency rule, the department shall do all of the following:
1.
I
ssue a receipt under par. (a)
to
any applicant who
made
a petition more than
5
working days before the effective date of this paragraph whose petition has not been denied or is not subject to cancellation or refusal under par. (d).
2.
Issue an identification card receipt to any
applicant
whose petition was denied prior to the effective date of this paragraph, shall deem the
applicant’s
petition to have been suspended
under sub. (5m)(b)3.
on that date
, and shall send the
applicant written
notice of the action under this subdivision together with the information required in a notice of suspended investi
gation.
SECTION
1
1
. E
ffective date:
This emergency rule takes effect upon publication, and remains in effect for 150
days.
The d
epartment may seek to extend this emergency rule as provided in s.
227.24
, Stats.
(END OF RULE TEXT)
Signed this
10
th
day of May 2016.
