Chapter Trans 102

Trans 102.15 Note Note: See, State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in the applicant’s legally correct name.

Trans 102.15(3)(d) (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 but who does one of the following:

Trans 102.15(3)(d)1. 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.

Trans 102.15(3)(d)2. 2. Applies for an identification card and provides an affidavit declaring all facts required under par. (c) to prove a name change under the common law of Wisconsin.

Trans 102.15(3m) (3m) Proof of citizenship, legal permanent resident status, conditional resident status or legal presence.

Trans 102.15(3m)(a) (a) One of the following is satisfactory proof of a person’s citizenship, legal permanent resident status, conditional resident status or legal presence in the United States:

Trans 102.15(3m)(a)1. 1. U.S. state or local government issued certificate of birth.

Trans 102.15(3m)(a)2. 2. Valid U.S. passport.

Trans 102.15(3m)(a)3. 3. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.

Trans 102.15 Note Note: The appropriate immigration documents determine legal presence, not the passport itself.

Trans 102.15(3m)(a)4. 4. Certificate of U.S. citizenship (federal form N-560).

Trans 102.15(3m)(a)5. 5. U.S. Certificate of naturalization (federal form N-550).

Trans 102.15(3m)(a)6. 6. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.

Trans 102.15(3m)(a)7. 7. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.

Trans 102.15(3m)(a)8. 8. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.

Trans 102.15(3m)(a)9. 9. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.

Trans 102.15(3m)(a)10. 10. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.

Trans 102.15(3m)(a)11. 11. Department of homeland security/transportation security administration transportation worker identification credential.

Trans 102.15(3m)(a)12. 12. U.S. department of state reception and placement program assurance form (refugee version), which shall include or be accompanied by federal form I-94, arrival and departure record.

Trans 102.15(3m)(a)13. 13. Documentary proof specified in s. 343.14 (2) (es), Stats., that is approved by the appropriate federal authority.

Trans 102.15(4) (4) Proof of identity. One of the following is satisfactory proof of identity:

Trans 102.15(4)(a) (a) A supporting document identifying the person by name and bearing the person’s signature, a reproduction of the person’s signature, or a photograph of the person. Acceptable supporting documents include:

Trans 102.15(4)(a)2. 2. A valid operator’s license, including a license from another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person;

Trans 102.15 Note Note: Temporary driving receipts from other jurisdictions are not acceptable. “Another jurisdiction” is defined at s. 340.01 (41m), Stats.

Trans 102.15(4)(a)3. 3. Military discharge papers (including certified copy of federal form DD-214);

Trans 102.15(4)(a)4. 4. A U.S. government and military dependent identification card;

Trans 102.15(4)(a)5. 5. A valid photo identification card issued by Wisconsin or another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person;

Trans 102.15(4)(a)11. 11. A marriage certificate or certified copy of judgment of divorce;

Trans 102.15 Note Note: A testament to the marriage document does not satisfy this requirement.

Trans 102.15(4)(a)13. 13. A social security card issued by the social security administration;

Trans 102.15 Note Note: Metal or other duplicate Social Security Cards are not acceptable.

Trans 102.15(4)(a)23. 23. Any document permitted under sub. (3) (a), if it bears a photograph of the person and was not used as proof of name and date of birth.

Trans 102.15 Note Note: This permits a person to use two separate documents under sub. (3) (a) to satisfy the requirements of subs. (3) and (4).

Trans 102.15(4)(a)24. 24. Department of homeland security/transportation security administration transportation worker identification credential.

Trans 102.15(4)(c) (c) A person applying without a personal appearance to reinstate a suspended or revoked license or identification card or to renew a license subject to s. Trans 102.03 (2) and (5) or obtain a duplicate license or identification card, if all of the following apply:

Trans 102.15(4)(c)1. 1. The department is able to produce an acceptable photograph and facsimile signature for the individual from its digital image computer records.

Trans 102.15(4)(c)2. 2. The person’s name as shown on the license is unchanged.

Trans 102.15(4)(c)3. 3. The person is a Wisconsin resident.

Trans 102.15(4m) (4m) Proof of residency. The department may request additional documents to establish proof of residency for persons 18 years of age or over if proofs of name and date of birth or identity are those described in sub. (3) (a) 5., 6. or (4) (c), or do not include a current acceptable Wisconsin residence street address. A document listing a post office box or commercial receiving agency as the mailing address is not acceptable proof of residency. Any of the following are satisfactory proof of residency:

Trans 102.15(4m)(b) (b) A utility bill for water, gas, electric or land line phone service at least 30 days old.

Trans 102.15(4m)(c) (c) A paycheck or stub with the customer’s name and address, and the employer’s name and address. The employer’s telephone number may be requested for verification.

Trans 102.15(4m)(d) (d) An account statement at least 30 days old from a Wisconsin financial institution.

Trans 102.15(4m)(f) (f) Mortgage documents for a residential real property located in Wisconsin.

Trans 102.15(5) (5) Proof of social security number.

Trans 102.15(5)(a) (a) Each person who applies for an operator’s license or 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 a person 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) or (bm). 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:

Trans 102.15(5)(a)1. 1. A duplicate social security number is found on the department’s driver files and assigned to another person;

Trans 102.15(5)(a)2. 2. The social security number provided on the person’s current application does not match the number provided by the person on a previous application that is recorded on the person’s driver file;

Trans 102.15(5)(a)3. 3. The social security number being submitted does not match the format of social security numbers issued by the federal social security administration.

Trans 102.15(5)(a)4. 4. The department is advised by the federal social security administration, internal revenue service, department of revenue, department of workforce development, or other state, federal or local government agency that the social security number provided by the person is suspected to not belong to the applicant, to have been used by multiple persons, or to have been assigned to a person other than the applicant.

Trans 102.15(5)(b) (b) The department may issue a special number, in lieu of the social security number, to identify an applicant if the person’s seriously held religious convictions do not allow them to provide a social security number to the department. A person who objects to providing a social security number due to a religious conviction, shall complete, sign, and date a statement detailing and explaining the religious objection on forms provided by the department. The department may conduct a review in Madison to determine whether the conviction detailed in the application is a seriously held religious belief of the applicant. The applicant may be required to appear at the review or to interview with a department investigator.

Trans 102.15 Note Note: See s. 343.14 (2) (b), (bm) and (br), Stats. Form MV3415 Religious conviction exemption request.

Trans 102.15(5)(bm) (bm) The department shall issue a special number, in lieu of the social security number, to identify the person if the applicant does not have a social security number and submits a statement made or subscribed under oath or affirmation that the applicant does not have a social security number in the form prescribed by the department of workforce development.

Trans 102.15 Note Note: See s. 343.14 (2) (br), Stats.

Trans 102.15(5)(c) (c) The department may issue a special number, in lieu of the social security number, to identify the person when the person has not been issued a social security number or the person’s social security number is not available, and the person is being issued an original instruction permit and does not have an existing driver file in Wisconsin. The person is required to provide his or her social security number on any subsequent application following the original issuance of the instruction permit.

Trans 102.15(5)(d) (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 the person’s social security number on any subsequent application for an instruction permit or operator’s license, unless another exception applies to that application.

Trans 102.15(5m) (5m) Extraordinary proof of name, date of birth, or U.S. citizenship.

Trans 102.15(5m)(a) (a) Except as provided in par. (b), if a person is unable to provide documentation under sub. (3) (a), and the documents are unavailable to the person, the person may make a written petition to the administrator for an exception to the requirements of sub. (3) (a). The application shall include proof of identity required by sub. (4) and:

Trans 102.15(5m)(a)1. 1. A certification of the person’s name, date of birth and current residence street address on the department’s form;

Trans 102.15(5m)(a)2. 2. An explanation of the circumstances by which the person is unable to provide any of the documents described in sub. (3) (a); and

Trans 102.15(5m)(a)3. 3. Whatever documentation is available which states the person’s name and date of birth.

Trans 102.15(5m)(b) (b)

Trans 102.15(5m)(b)1. 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 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 person 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 statement under oath or affirmation of all of the following: that the person is unable to provide documentation under sub. (3) or proof of U.S. citizenship under sub. (3m); that the documents are unavailable to the person; and of the person’s name, date of birth, place of birth, and such other birth record information requested by the department, or the person’s alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.

Trans 102.15(5m)(b)2. 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 of health services, for the sole purpose of verification by the 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 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 of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.

Trans 102.15(5m)(b)3. 3. If the department of transportation does not receive verification under subd. 2. within 30 days or receives notice under subd. 2., that the birth information provided in the application does not match that of the birth record custodian, the department of transportation shall promptly notify the person in writing of that failure to verify and request the person contact the department of transportation within 10 days. If the person does not respond within 10 days, the department of transportation shall send the person a second letter with substantially similar contents. If the person does not respond to the second letter within 10 days and the department of transportation knows the person’s telephone number, the department of transportation shall call the person on the telephone and notify the person that the birth information was not verified and request the person 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 person, the department of transportation shall suspend the investigation and send written notice that the person 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 person contacts the department of transportation, and that if within 180 days after the date of the written notice the person fails to contact the department of transportation the petition will be denied and no further identification card receipts will be issued under sub. (6m). If the person 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 person that the department of transportation will resume the investigation if the person contacts the department of transportation to discuss the petition. Whenever the applicant contacts the department of transportation to discuss the petition, the investigation under this subdivision shall begin anew, notwithstanding any prior denial due to the person’s failure to timely respond. The applicant shall act in good faith and use reasonable efforts to provide additional information that could reasonably lead the department of transportation to discover correct birth information or secondary documentation as described in subd. 3g., to assist the department of transportation in processing the application. The administrator shall investigate the petition and any additional information provided 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 person. 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.

Trans 102.15(5m)(b)3g. 3g. If the department of health services does not verify the birth record information within 30 days, the department of transportation may issue an identification card to the person only if the department of transportation receives verification under subd. 2., if the person provides proof required under sub. (3) or (3m), or if the department of transportation receives other secondary documentation acceptable to the administrator and deemed sufficient under subd. 3., which may include the following:

Trans 102.15(5m)(b)3g.a. a. Baptismal certificate.

Trans 102.15(5m)(b)3g.b. b. Hospital birth certificate.

Trans 102.15(5m)(b)3g.c. c. Delayed birth certificate.

Trans 102.15(5m)(b)3g.d. d. Census record.

Trans 102.15(5m)(b)3g.e. e. Early school record.

Trans 102.15(5m)(b)3g.f. f. Family Bible record.

Trans 102.15(5m)(b)3g.g. g. Doctor’s record of post-natal care.

Trans 102.15(5m)(b)3g.h. h. Other documentation deemed acceptable to the administrator, within the administrator’s reasonable discretion.

Trans 102.15(5m)(b)4. 4. Notwithstanding Trans 102.15 (1), in this paragraph “unavailable” means that the applicant does not have the document and would be required to pay a government agency to obtain it.

Trans 102.15(5m)(c) (c) The administrator may delegate to the 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.

Trans 102.15 Note Note: Form MV3002 certification of name and date of birth.

Trans 102.15(5m)(e) (e) The denial of a petition under par. (b) is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.

Trans 102.15(5m)(f) (f) If the administrator, or delegate described in par. (c), determines 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 immediately suspend the investigation, shall notify the person in writing of the suspension and the reason for the suspension, and refer any suspected fraud to law enforcement.

Trans 102.15(5m)(g) (g) A person whose petition is suspended or denied due to a failure to respond timely may revive the petition at any time by contacting the department to discuss the petition application. If a person revives a petition the department shall immediately issue, and shall continue to reissue, an identification card receipt to the person as provided in sub. (6m), except that the department shall first require the person to take a photograph if required under sub. (6m).

Trans 102.15(5m)(h) (h) The administrator shall grant a petition if 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 and U.S. citizenship provided in the application is correct.

Trans 102.15(6) (6) Temporary driver receipt. The Department may issue a temporary driver receipt for operation of class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked “NOT VALID FOR IDENTIFICATION,” and shall be validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete his or her license application within this period by presenting proof of the person’s name and date of birth in accordance with sub. (3) (a). For good cause shown, the Department may renew the driving receipt once for an additional period of no more than 60 days. This subsection does not prohibit a person from proceeding under sub. (5m) (a). This subsection applies only to persons who meet all of the following:

Trans 102.15(6)(a) (a) Were previously licensed in another jurisdiction who surrender to the department the driver’s license issued by the other jurisdiction.

Trans 102.15(6)(b) (b) Are unable to immediately provide proof of name and date of birth in accordance with sub. (3) (a), but state that they will be able to do so.

Trans 102.15(6)(c) (c) Submit an otherwise complete and acceptable application, including the proof of identity required by sub. (4) and social security number required by sub. (5).

Trans 102.15 Note Note: Form MV3432, Receipt.

Trans 102.15 Note Note: Section 343.11 (1), Stats., prohibits issuance of temporary driving receipts in situations where a CDL is required. A temporary driving receipt may be used by drivers who are exempt from CDL requirements under s. 343.055, Stats.

Trans 102.15(6m) (6m) Temporary identification card receipt.

Trans 102.15(6m)(a) (a) Issuance process. The department shall issue an identification card receipt under s. 343.50 (1) (c), Stats., to any person who has applied for an identification card without charge for the purposes of voting and who makes a written petition under s. Trans 102.15 (5m). The department shall issue the receipt not later than the sixth working day after the person made the petition and shall deliver the receipt by first-class mail, except that if a petition is filed or revived within 7 days before or 2 days after a statewide election the department shall issue a receipt not later than 24 hours after the petition is filed or revived and shall deliver the receipt by overnight or next-day mail. The department shall issue a new receipt to the person 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 a person after the denial of a petition under sub. (5m) (b) 3., unless the person revives an investigation under sub. (5m) (g). The department shall continue to reissue identification card receipts to a person unless the department cancels the identification card receipt upon the circumstances specified in s. 343.50 (10), Stats., upon the issuance of an operator’s license or identification card to the person, upon the person’s request, upon the denial of the application, upon return to the department of a receipt as non-deliverable, upon the person’s failure to contact the department to discuss the petition for a period of 180 days or more, or whenever the department receives information that prohibits issuance of an identification card under s. 343.50 (1) (c), Stats. The department shall require the person to take a photograph prior to reissuing an identification card receipt if the photograph of the person on file with the department is 8 or more years old.

Trans 102.15 Note Note: Because the Department must issue an identification card receipt for voting purposes to any person who makes a qualified application under s. Trans 102.15 (5m), the Department may not deny issuance of an identification card receipt due to a name or date of birth mismatch, spelling error or other typographical error on a supporting document, nor due to the inability to confirm or correct information with another federal, state or local governmental agency.