Wisconsin Legislature: Trans 102.15(3)(a)8.

(6) A license shall be reissued without fee if it is defective or inaccurate because of a department error.

History: Emerg. cr. eff. 3-14-83; cr. Register, January, 1984, No. 337, eff. 2-1-84; renum. (intro.) to (4) to be (1) (intro.) to (d) and am. (1) (intro.) and (a), cr. (2) to (5), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (4), Register, September, 1991, No. 429; cr. (1) (e), Register, January, 1997, No. 493, eff. 2-1-97; r. (1) (a), am. (1) (b) and (c), cr. (6), Register, December, 1999, No. 528, eff. 1-1-00; CR 04-099: am. (1), cr. (1m) Register March 2005 No. 591, eff. 4-1-05; CR 05-109: am. (4) Register April 2006 No. 604, eff. 5-1-06; CR 06-128: renum. (3) to be (3) (a), cr. (3) (b) Register April 2007 No. 616, eff. 5-1-07; CR 14-061: cr. (1g) Register May 2015 No. 713, eff. 6-1-15.

Trans 102.15 Proof of identification.

(1) “Unavailable” defined. In this section, “unavailable” does not include documents which persons have forgotten to bring with them when applying for a license or identification card, or a lost or destroyed document if a replacement original or a certified copy of the document is available to those persons upon proper request.

(2) Requirements.

(a) Satisfactory proof of date of birth, as specified under sub. (3) and satisfactory proof of identity as specified under sub. (4) shall be submitted by a person applying for an original Wisconsin operator’s license or identification card.

(b) Satisfactory proof of identity as specified under sub. (4) shall be submitted by a person applying for a renewal, reissue, reinstatement or duplicate of a Wisconsin operator’s license or identification card.

(bm)

1. Any person applying for an original Wisconsin operator’s license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub. (3m).

2. The department may require any person applying for a reissue, reinstatement, renewal or duplicate operator’s license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States as specified under sub. (3m) to determine the person’s eligibility for the operator’s license or identification card.

(c) 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:

1. Any action which results in the department creating an AKA record in the person’s driver file;

2. Cancellation of the person’s license or identification card for altering a license or identification card, or cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s. 343.25 (1), (4), (5) or (6), Stats.;

3. Suspension of the person’s license under s. 343.34 (2), Stats.;

4. Revocation or suspension of the person’s operating privilege under s. 343.31 (2r), Stats.;

5. Revocation of the person’s operating privilege under s. 343.32 (1s), Stats.;

6. Revocation or suspension of an instructor’s license pursuant to s. 343.67 (4), Stats.; or

Note: Section 343.67 (4), Stats., was repealed by 2005 Wis. Act 397.

7. Conviction for violation of ss. 343.14 (5), 343.16 (7) (a) or (b), 343.19 (2), 343.43 (1), 343.50 (4) or (12) or 345.17, Stats.

8. The department has confiscated a document from the person for any of the reasons set forth in s. Trans 102.025.

(3) Proof of name and date of birth.

(a) One of the following is satisfactory proof of a person’s name and date of birth:

1. For a person born in Wisconsin, a copy of the person’s Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.;

2. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of the person’s birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the U.S. department of state (federal form FS-545 or DS-1350);

3. A US passport;

4. A valid, unexpired passport issued by a foreign country with federal I-551 resident alien registration receipt card or federal I-94 arrival and departure record that bears a photograph of the person and identifies the person’s first and last names, and the person’s day, month and year of birth;

5. A Wisconsin operator’s license bearing a photograph of the person;

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);

7. A federal I-551 “permanent resident alien registration receipt card”;

8. A federal I-94 “parole edition” or “refugees version” arrival-departure record, together with a certification, on the department’s form, by the person, of the person’s name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person’s sponsoring agency on its letterhead, supporting the person’s application for a Wisconsin ID card or driver license and confirming the person’s identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin ID card or driver license, but only after their identification has been confirmed by the U.S. citizenship and immigration services;

9. A U.S. certificate of naturalization;

10. A certificate of U.S. citizenship;

11. A federal temporary resident card or employment authorization card, I-688, I-688A, I-688B, and I-766;

15. An American Indian identification card meeting all of the following requirements:

a. Issued by a federally recognized tribe or a band of a federally recognized tribe.

b. Issued in Wisconsin.

c. Includes a photograph and signature or reproduction of a signature of the person.

d. Has been approved by the secretary for use as identification.

Note: The following have been approved as of November 1, 2004: Red Cliff Band of Lake Superior Chippewas issued on or after October 1, 2003; St. Croix Band of Lake Superior Chippewa Indians; the Menominee Indian Tribe of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians; Bad River Band of Lake Superior Chippewa Indians; Ho-Chunk Nation; Forest County Potawatomi; Sokaogan Chippewa Community Mole Lake Band issued on or after October 1, 2003; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin issued on or after October 18, 2004.

17. A court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person’s current full legal name, date of birth and in the case of a name change or divorce order, the person’s prior name;

Note: Examples include, but are not limited to, adoption document, name change document, or gender document. This does not include abstract of criminal or civil conviction.

18. An armed forces of the United States common access card or DD Form 2 identification card issued to military personnel;

21. Department of homeland security/transportation security administration transportation worker identification credential.

(am) Except as provided in s. Trans 102.15 (5m) (b) 3., neither a hospital birth certificate, a notification of birth registration nor baptismal certificate is satisfactory proof of a person’s name and date of birth.

(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.

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.

(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:

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.

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.

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

(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:

1. U.S. state or local government issued certificate of birth.

2. Valid U.S. passport.

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

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

4. Certificate of U.S. citizenship (federal form N-560).

5. U.S. Certificate of naturalization (federal form N-550).

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

7. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.

8. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.

9. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.

10. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.

11. Department of homeland security/transportation security administration transportation worker identification credential.

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.

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

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

(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:

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;

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

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

4. A U.S. government and military dependent identification card;

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;

11. A marriage certificate or certified copy of judgment of divorce;

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

13. A social security card issued by the social security administration;

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

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.

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

24. Department of homeland security/transportation security administration transportation worker identification credential.

(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:

1. The department is able to produce an acceptable photograph and facsimile signature for the individual from its digital image computer records.

2. The person’s name as shown on the license is unchanged.

3. The person is a Wisconsin resident.

(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:

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

(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.

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

(f) Mortgage documents for a residential real property located in Wisconsin.

(5) Proof of social security number.