Rule-Making Notices (Hearing Notices)

Trans 102.15 (5m) (a) (intro.) If Except as provided in par. (b), if a person is unable to provide documentation under par. sub. (3) (a) and (3m), 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. sub. (3) (a) and (3m). The application shall include supporting documentation required by sub. (4) 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 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 birth certificate is unavailable, the person may make a written petition to the administrator for an exception to the requirements of proof of name and date of birth under sub. (3) or of proof of citizenship under sub. (3m). 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 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. Upon receiving a petition, the department 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 may not complete application processing prior to receiving verification under this subdivision, unless the petition is approved under subd. 2.

2. If the department does not receive verification under subd. 1, 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. 1, the person provides proof required under sub. (3) or (3m), or 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.

Note: Whoever under oath or affirmation makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, is guilty of a Class H felony, per s. 946.32, Stats.

Section 12. Trans 102.15 (3) (d) is created to read:

Trans 102.15 (3) (d) The administrator may approve a name change requested by a person who cannot provide documentation of the name change if the administrator receives proof of the name change from the federal social security administration and proof of identity in the new name.

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 13th day of November 2014.

  WISCONSIN DEPARTMENT OF
  TRANSPORTATION

  By:
  ____________________________

  Mark Gottlieb, P.E., Secretary

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter Trans 102, Operator's Licenses and Identification Cards
3. Subject
This rule change expands the definition of documents that are `unavailable', during an application for a no-fee identification card for voting purposes to include documents that the applicant does not possess and would be required to pay a fee to a government agency in order to acquire.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
This rule change is needed to ensure the Department's Division of Motor Vehicles (DMV) has a documented means to provide free identification (ID) cards for the purposes of voting, without requiring documentation that costs a governmental fee to obtain.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The Department of Transportation did not contact any of these non-individual entities for comments, as the rule affects only individuals. This rule change will allow DMV to serve individuals that request an ID card for the purposes of voting, but who do not possess the documentation ordinarily required for proof of name, date of birth or U.S. citizenship (e.g. a birth certificate) and cannot obtain those documents without payment of a fee to a government agency, to obtain an ID card using alternative documentary proof. DMV will facilitate no-fee source documentation verification to replace the need for those individuals to present proof of name, date of birth, or U.S. Citizenship when obtaining the ID card for voting purposes.
11. Identify the local governmental units that participated in the development of this EIA.
N/A
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
DMV has completed training for all field personnel (approximately 385 individuals) in DMV service centers, instructing them how to process ID card requests made without the documentary proof ordinarily required, in conformity with Emergency Rule EmR1421. EmR1421 took effect on September 17, 2014. DMV will continue to incur costs assessing and verifying any documentation submitted by an individual as part of the petition process. From September 15, 2014 through October 28, 2014, DMV has issued 6,476 ID cards through the normal application process and has received 387 applications for ID cards through the petition process. DMV's costs incurred in these processes have been absorbed by existing staff.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule change will allow DMV to provide ID cards without charge for the purposes of voting, without requiring documentation that costs a governmental fee to obtain, while ensuring that the ID card positively identifies the bearer.
14. Long Range Implications of Implementing the Rule
This change would adjust the process of ID card issuance that will continue indefinitely.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: Applicants for an original identification card or driver license are required to provide documentary proof of signature, date of birth, social security number and residency. Illinois issues identification cards for the homeless at no cost. Applicants for a no-fee homeless identification card must provide proof of name, date of birth and social security number ordinarily required, but in lieu of proof of address may submit a `homeless status certification' signed by the homeless applicant before a notary public. This certification must be attested to by a representative of a homeless service agency that receives public funding; an attorney; a public school homeless liaison or school social worker; a human services provider funded by the State of Illinois; a representative of a religious organization that offers services to the homeless. Iowa: An applicant for an original driver license or identification card must provide proof of identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States. Michigan: Residents applying for a state identification card must present documentation of a valid social security number, U.S. citizenship or legal presence, identification, and Michigan residency. If the applicant is below the age of 18 and does not have one of the acceptable forms of proof of identity, a parent or guardian must present their driver's license or identification card and sign for the applicant who is a minor. Minnesota: Applicants for an original driver license or identification card are required to provide documentary proof of date of birth, full legal name, social security number, photographic identity, and U.S. citizenship. Minnesota does grant variances to applicants whose required documentation is not available. If a person is unable to comply with the proof requirements, the person may make written application to the commissioner of public safety or a designee for a variance. The applicant must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity. Minnesota does issue a state identification card at a reduced fee to a qualified applicant with a condition of developmental disability, mental illness, or a physical disability.
17. Contact Name				18. Contact Phone Number
Robert Combs, DMV, Wisconsin Dept. of Transportation				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

N/A

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Small businesses are not involved in the issuance of these identification cards and are not eligible to receive them.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements ⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

5. Describe the Rule's Enforcement Provisions

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes ⍽ No