Department of Transportation
Relating to: | Operator’s Licenses and Identification Cards |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
Chapter Trans 102, Wis. Admin. Code, relating to operator’s licenses and identification cards, is an existing rule that provides administrative interpretation of Wis. Stat. ch. 343 relating to the issuance of operator’s licenses, identification cards, and vehicle titles and registration. Chapter Trans 102 was initially written in 1982 and significantly revised in 1990, with subsequent incremental changes. Changes made to federal and state laws affecting the issuance of driver’s licenses, identification cards, and titles and registration documents in the following years make updating ch. Trans 102 important in order to correlate and track the requirements of state statutory and federal statutory and regulatory requirements. Additionally, the Wisconsin Department of Transportation’s Division of Motor Vehicles (DMV) has modified internal policies regarding documentation requirements and transaction methods to reflect current technologies used to further improve the customer’s experience. As a result, modifications to the rule are necessary. The anticipated modifications to the existing rule will not change the objective of the rule. Changes to state and federal laws have tightened security and identification standards for driver licenses and identification cards. Modifications to the language in ch. Trans 102 to reflect these changes will ensure that the DMV is compliant with federal requirements related to “REAL ID” (Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (6 CFR Part 37)). Modifications to the rule are necessary to ensure that the DMV is fully compliant with all statutory changes that have occurred since the last Wisconsin Administrative Code rule update and reflect administrative changes that have occurred since 2007.
This rulemaking is intended to rewrite much of the regulation related to driver license issuance in Wisconsin to improve department procedures and processes and to be consistent with state laws and federal laws and regulations.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Driver licensing and identification card application, creation, and issuance processes will all be evaluated and reflected in a revised ch. Trans 102. Many state and federal regulations and statutes must be reconciled as part of this effort. Many of the provisions of the existing regulation in ch. Trans 102 are out of date. Leaving the existing rule in place without amendment is not a viable policy alternative. Existing state statutes and department policies that need to be updated in the rule:
A. State statute changes regarding acceptable documentation requirements
Wis. Stat. s. 343.165 defines the required documents for initial issuance or renewal of driver’s licenses or identification cards that the applicant must present or provide, and that the department must inspect before processing such application subject to exceptions under Wis. Stat. s. 343.14(3m) or 343.50(4g). B. State statute changes regarding state identification cards
Wis. Stat. s. 343.50(5)(a) defines the valid period and fees associated with issuing state identification cards. Wis. Stat. s. 343.50(5)(a)3. requires the department to issue an applicant a free identification card if the applicant is a U.S. citizen, is at least 18 years of age on the date of the next election, and requests the card be provided without charge for the purpose of voting. Wis. Stat. s. 343.50(5m) defines the card issuance fee structure the department must use when issuing identification cards to eligible applicants. Under this statute, the department may not charge a fee for the issuance of an original, duplicate or reissued identification card, if Wis. Stat. s. 343.50(5) (a) 2. or 3. or (7) apply. Wis. Stat. s. 343.50(5)(b) requires an identification card to be valid for the succeeding period of 8 years from the applicant’s next birthday after the date of issuance. Wis. Stat. s. 343.165(8) governs applications for identification cards without charge for the purposes of voting and the department’s obligations in processing petitions made to the department for exception to Wis. Stat. s. 343.165(1)(a) or (b) requirements. C. State statute changes regarding religious belief exemption for REAL ID non-compliant credentials
Wis. Stat. ss. 343.14(3m) and 343.50(4g) create a religious belief photograph exemption for REAL ID non-compliant credentials. D. DMV policy changes regarding acceptable documentation requirements.
Current s. Trans 102.15(4m) allows DMV to require proof that a person is a Wisconsin resident. The Wisconsin Department of Transportation (WisDOT) currently accepts utility bills, pay stubs, bank account statements, and mortgage documents as evidence of residency. The general public’s increased use and reliance on computer technology to manage finances and pay personal bills often makes these documents unavailable on official letterhead. The most many persons can provide is a printout from an online system. DMV will accept print outs from online bill pay systems in lieu of documents produced by a utility or bank, and the department may to modify the rule to make this clear. Changes are expected to include additions to the current acceptable documentation for residency list.
This rulemaking also proposes to update requirements related to electronic documentation, provide standards for acceptance of Wisconsin college/university identification products, and will establish a standard process for persons experiencing homelessness to prove residency for the purpose of obtaining identification.
E. New Federal Policies.
The federal REAL ID Act, Pub. L. 109-13, Section 202, establishes minimum standards for driver’s licenses and state issued identification documents used for “official purposes.” Two key components of the REAL ID law that are expected to be integrated into ch. Trans 102 include: o
Designation of both compliant and non-compliant credentialso
Recognition of central issuance processes Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (6 CFR Part 37). 1. Designation of both compliant and non-compliant credentials
Wis. Stat. ss. 343.03(3r) and 343.165(7) allow DMV, upon the state’s implementation of the federal REAL ID Act on January 15, 2013, to process applications for operator’s licenses and identification cards that are not compliant with the federal REAL ID Act if the licenses and cards are marked accordingly.
2. Recognition of central issuance processes
Consistent with federal REAL ID requirements, DMV now issues driver’s license and identification products centrally rather than printing them in field stations. All driver licenses and identification products are now issued from a secure site through a contracted vendor to ensure Wisconsin’s drivers licenses meet the federal REAL ID security standards and secured facility requirements required under the federal law and Wis. Stat. s. 343.17(2). Regulatory provisions inconsistent with central issuance of licenses need to be amended to reflect central issuance. Policy alternatives
The proposed modifications to existing ch. Trans 102 must be made to ensure that DMV’s regulation governing driver licensing and identification cards is consistent with current state and federal laws. Given that the anticipated rule changes will be done to reflect existing state and federal laws, policy alternatives are limited. The following policy alternatives might be considered (please note, published statutory requirements were not considered in this analysis of policy alternatives):
Acceptable documentation As described above, DMV proposes to clarify that proof of residency could be accomplished with a printed online bill as well as with a bill delivered by U.S. Postal authorities to reflect current technologies and improve the DMV’s customer’s experience. DMV could refuse online documents and accept only documents delivered to the driver license applicant via U.S. mail as proof of residency. Permitting only use of delivered mail as proof of residency would not account for the individual’s reliance on technology to conduct business and would be inconsistent with DMV’s customer service improvement efforts.
Wis. Stat. s. 343.17(2) requires the department to incorporate federal physical security requirements into its driver license issuance process. Wis. Stat. ss. 343.165(2), (3), and (7) task the department with implementing federal laws related to driver license and identification card issuance. Wisconsin could decide not to pursue being designated as a REAL ID compliant state relative to the issuance of driver’s licenses and identification cards. This means Wisconsin residents would not be issued a REAL ID compliant product, thereby limiting their ability to conduct federal official business, such as boarding a commercial aircraft. A decision not to pursue designation as a REAL ID compliant state would be significant and would require changes to state statutes that currently require DMV to comply with REAL ID. Wisconsin has already invested resources into REAL ID compliance and is working to become fully compliant by May 3, 2023, the federal deadline.
