TEXT OF RULE
SECTION 1. Trans 102.15(3)(c) and (Note) are 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. 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 his or her legally correct name.
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) to 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 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: 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 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 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. is 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 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 department of transportation shall promptly notify the person in writing of that failure to verify. The 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. .
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 only if the Department department of transportation receives verification under subd. 2., if the person 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(5m)(f),(g) and (h) are created to read:
Trans 102.15(5m)(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.
(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).
(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.
SECTION 11. Trans 102.15(6m) is created to read:
Trans 102.15(6m) Temporary identification card receipt. (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 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. NOTE: Because the Department must issue an identification card receipt for voting purposes to any person who makes a qualified application under 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.
(b) Contents. An 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 person 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 person 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 an 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 person, upon the person’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 that prohibits issuance of an identification card under s. 343.50(1)(c), Stats. (e) Address changes. Whenever any person, after receiving an 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 person shall, within 30 days, notify the department 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.
SECTION 12. Effective date: This rule takes effect upon the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
