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.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
DMV statutory authority to administer and modify ch. Trans 102 is established in ch. 343 of the Wisconsin State Statutes. Further authority is found in Wis. Stat. s. 85.16(1). More specific authority is found in the following statutes: Wis. Stat. s. 343.02 defines the department’s authority to administer and enforce the issuance of operator licenses and state identification cards. It also specifies that the department has the authority to promulgate rules as the secretary considers necessary. 343.02 Administration of driver license law.
343.02(1) (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act. (2) The state of Wisconsin assents to the provisions of the federal law and regulations specified in sub. (1). The state of Wisconsin declares its purpose and intent to make provisions to implement and enforce that law and those regulations so as to ensure receipt by this state of any federal highway aids that have been or may be allotted to the state under 23 USC 104 (b) (1), (2), (5) and (6), including all increased and advanced appropriations. 343.02 History
Wis. Stat. s. 343.03(1) establishes the department’s requirement to institute a classified driver license system that meets all federal standards. 343.03 Classified driver license system.
343.03(1)(1) Compliance with federal standards. 343.03(1)(a)(a) The department shall institute a classified driver license system meeting all 343.03(1)(b)(b) The department shall issue operator's licenses in conformity with the Classified driver license system to each licensee upon renewal, initial application, or cancellation under s. 343.26 (1). Wis. Stat. s. 343.165(5) defines the department’s authority to promulgate rules to require applications for the particular licenses identified in statute to meet the requirements established by statute for initial issuance or renewal of operator’s licenses and identification cards. 343.165 Processing license and identification card applications.
(5) The department may, by rule, require that applications for reinstatement of operator’s licenses or identification cards, issuance of occupational licenses, reissuance of operator’s licenses, or issuance of duplicate operator’s licenses or identification cards be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator’s licenses and identification cards.
Wis. Stat. ss. 343.50(1)(a) and (c) defines the department’s authority to issue identification cards to every qualified applicant. 343.50 Identification cards.
(1) Issuance.
(a) The department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
