Section 5. Trans 102.15 (2) (c) is amended to read:
Trans 102.15 (2) (c) A Except as provided in sub. (5m), a person shall provide proof of the person's name and date of birth under sub. (3), of the person's identity under sub. (4), and of the person's residency under sub. (4m), upon the first application for an original, renewal, reinstatement or duplicate operator's license or identification card following:
Section 6. Trans 102.15 (3) (a) 2. (Note) is renumbered Trans 102.15 (3) (am). and amended to read:
Trans 102.15 (3) (am) Note: Neither Except as provided in Trans 102.15 (5m) (b) 3., neither a hospital birth certificate, a notification of birth registration nor baptismal certificate satisfies this requirement. Effective November 1, 1986 s. 69.24 (1) (a), Stats., prohibits Wisconsin hospitals from issuing a document which appears to be a birth certificate is satisfactory proof of a person’s name and date of birth. Section 7. Trans 102.15 (3) (a) 6. is amended to read:
Trans 102.15 (3) (a) 6. A Wisconsin identification card issued under s. 343.50, Stats., bearing a photograph of the person, other than an identification card issued under sub. (5m) (b); Section 8. Trans 102.15 (3) (b) is renumbered Trans 102.15 (5m) (a) and Trans 102.15 (5m) (a) (intro.) and 2., as renumbered, are amended to read:
Trans 102.15 (5m) (a) (intro.) If Except as provided in par. (b), if a person is unable to provide documentation under par.(a) sub. (3) (a), and the documents are unavailable to the person, the person may make a written petition to the administrator of the division of motor vehicles for an exception to the requirements of par.(a) sub. (3) (a). The application shall include supporting documentation proof of identity required by sub. (4) and:
Trans 102.15 (5m) (a) 2. An explanation of the circumstances by which the person is unable to provide any of the documents described in par. sub (3) (a); and
Section 9. Trans 102.15 (3) (c) is renumbered Trans 102.15 (5m) (c) and amended to read:
Trans 102.15 (5m) (c) The administrator may delegate to the administrator's subordinates the authority to accept or reject such extraordinary proof of name and, date of birth, or citizenship under this subsection.
Section 9m. Trans 102.15 (3) (d) is created 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 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 10. Trans 102.15 (5m) (title) is created to read:
Trans 102.15 (5m) (title) Extraordinary proof of name, date of birth, or U.S. citizenship.
Section 11. Trans 102.15 (5m) (b) is created to read:
Trans 102.15 (5m) (b) 1. If a person 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 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 petition shall include the person’s statement under oath or affirmation: 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, or the person’s alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
2. Upon receiving a petition that meets the requirements under subd. 1, 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 Department of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.
3. If the Department does not receive verification under subd. 2., the Department shall notify the person of that failure to verify. The Department may thereafter issue an identification card to the person only if the Department receives verification under subd. 2., if the person provides proof required under sub. (3) or (3m), or if the Department receives other secondary documentation that is extraordinary proof and deemed acceptable to the administrator to prove name, date of birth or U.S. citizenship, which may include the following:
a. Baptismal certificate.
b. Hospital birth certificate.
c. Delayed birth certificate.
d. Census record.
e. Early school record.
f. Family Bible record.
g. Doctor’s record of post-natal care.
h. Other documentation deemed acceptable to the administrator, within his or her reasonable discretion.
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.
Section 13. Trans 102.15 (5m) (e) is created to read:
Trans 102.15 (5m) (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. Section 14. Trans 102.15 (6) (intro.) is amended to read:
Trans 102.15 (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. (3) (b) (5m)(a). This subsection applies only to persons who meet all of the following:
Section 15. Effective date: This rule shall take effect on the first day of the month following the Register, as provided in s. 227.22 (2) (intro.), Stats. Dated this 27th day of May 2015.
WISCONSIN DEPARTMENT OF TRANSPORTATION
By: ____________________________
Mark Gottlieb, P.E., Secretary
