2. An explanation of the circumstances by which the person is unable to provide proof of name and date of birth.
3. Whatever documentation is available that states the person's name and date of birth.
(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 or of proof of citizenship, legal permanent resident status, conditional resident status, or legal presence is unavailable, the person may make a written petition to the department 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 s. 343.50 (1) (c) 2. The petition shall include the person's statement under oath or affirmation of all of the following:
a. That the person is unable to provide proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status, or legal presence.
b. That the documents are unavailable to the person.
c. 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.
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 department of transportation 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 federal 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 of transportation 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 of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.
3. If the department 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 shall promptly notify the person in writing of that failure to verify and request the person contact the department within 10 days. If the person does not respond within 10 days, the department shall send the person a 2nd letter with substantially similar contents. If the person does not respond to the 2nd letter within 10 days and the department knows the person's telephone number, the department 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 shall suspend the investigation and send written notice that the person has not responded, that the department has no further leads for it to locate or obtain secondary documentation or verification of birth information, that the department has suspended its investigation or research until such time as the person contacts the department, and that if within 180 days after the date of the written notice the person fails to contact the department the petition will be denied and no further identification card receipts will be issued under s. 343.50 (1) (c) 2. If the person fails to contact the department within 180 days after the department suspends the investigation, the department shall deny the petition in writing and shall inform the person that the department will resume the investigation if the person contacts the department to discuss the petition. Whenever the applicant contacts the department 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 to discover correct birth information or secondary documentation as described in subd. 3g., to assist the department in processing the application. The department 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 of transportation may issue an identification card to the person only if the department of transportation receives verification under subd. 2., if the person provides proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status or legal presence, or if the department of transportation receives other secondary documentation acceptable to the department of transportation and deemed sufficient under subd. 3., 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 department of transportation, within the department's reasonable discretion.
4. In this paragraph, “proof of citizenship, legal permanent resident status, conditional resident status or legal presence” means any of the following:
a. A U.S. state or local government issued certificate of birth.
b. Valid U.S. passport.
c. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.
d. Certificate of U.S. citizenship.
e. A U.S. Certificate of naturalization.
f. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.
g. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.
h. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.
i. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.
j. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.
k. Department of homeland security/transportation security administration transportation worker identification credential.
L. A 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.
m. Documentary proof specified in s. 343.14 (2) (es), that is approved by the appropriate federal authority.
5. In this paragraph, “proof of identity” means 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:
a. 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.
b. Military discharge papers.
c. A U.S. government and military dependent identification card.
d. 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.
e. A marriage certificate or certified copy of judgment of divorce.
f. A social security card issued by the social security administration.
g. Any document described under subd. 6., if it bears a photograph of the person and was not used as proof of name and date of birth.
h. Department of homeland security/transportation security administration transportation worker identification credential.
6. In this paragraph, “proof of name and date of birth” means any of the following:
a. For a person born in Wisconsin, a copy of the person's Wisconsin birth certificate issued and certified in accordance with s. 69.21.
b. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of his or her birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the federal department of state.
c. A U.S. passport.
d. 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.
e. A Wisconsin operator's license bearing a photograph of the person.
f. A Wisconsin identification card issued under s. 343.50, bearing a photograph of the person, other than an identification card issued under s. 343.50 (1) (c) 2.
g. A federal I-551 “permanent resident alien registration receipt card."
h. 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 federal 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 identification card or operator's 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 identification card or operator's license, but only after their identification has been confirmed by the U.S. citizenship and immigration services.
i. A U.S. certificate of naturalization.
j. A certificate of U.S. citizenship.
k. A federal temporary resident card or employment authorization card, I-688, I-688A, I-688B, and I-766.
L. A Native American identification card that is issued by a federally recognized tribe or a band of a federally recognized tribe, is issued in Wisconsin, includes a photograph and signature or reproduction of a signature of the person, and has been approved by the secretary for use as identification.
m. 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.
n. An armed forces of the U.S. common access card or DD Form 2 identification card issued to military personnel.
o. Department of homeland security/transportation security administration transportation worker identification credential.
7. In this paragraph, “unavailable" means that the applicant does not have the document and would be required to pay a government agency to obtain it.
(c) The administrator may delegate to the deputy administrator or to a bureau director, as described in s. 15.02 (3) (c) 2., 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.
(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.
(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 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 s. 343.50 (1) (c) 2., except that the department shall first require the person to take a photograph if required under s. 343.50 (1) (c) 2.
(h) The department shall grant a petition if the department 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.
369,92
Section 92
. 343.50 (1) (c) of the statutes is renumbered 343.50 (1) (c) 1. and amended to read:
343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).
369,93
Section 93
. 343.50 (1) (c) 2. of the statutes is created to read:
343.50 (1) (c) 2. If the department issues a receipt to an applicant petitioning the department under s. 343.165 (8), all of the following apply:
a. The department shall issue the receipt not later than the 6th working day after the person made the petition and shall deliver the receipt by 1st 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 s. 343.165 (8), unless the person revives an investigation. 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 sub. (10), 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 nondeliverable, 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 sub. (1) (c). 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.
b. An identification card receipt issued under this subdivision shall constitute a temporary identification card while the application is being processed under s. 343.165 (8) and shall be valid for a period not to exceed the period specified in sub. (1) (c). 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). A receipt issued under this subsection shall contain the information specified under s. 343.17 (3), 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 sub. (4g), a photograph of the individual to whom it was issued, and may contain such further information as the department deems necessary.
c. The department shall issue a replacement identification card receipt under subd 1. a. upon request of the person to whom it is issued if the receipt is lost or destroyed.
d. Notwithstanding subd. 2. a., the department shall cancel or refuse to issue an identification card receipt under this subsection upon the circumstances specified in sub. (10), 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 nondeliverable, or whenever the department receives information that prohibits issuance of an identification card under subd. 1.
e. Whenever any person, after receiving an identification card receipt under this subdivision, 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 subd. 2. a. showing the correct address and having the expiration date of the prior receipt.
369,94
Section 94
. 343.50 (3) (b) of the statutes is amended to read:
343.50 (3) (b) If an identification card is issued based upon the exception specified in s. 343.165 (7) or (8), the card shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s. 343.03 (3r).
369,95
Section 95
. 343.50 (3) (c) of the statutes is created to read:
343.50 (3) (c) 1. Notwithstanding par. (a), the department may issue an identification card bearing a name other than the name that appears on a supporting document if the person provides evidence acceptable to the department 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).
2. Notwithstanding par. (a), the department shall approve a name change requested by a person who cannot provide supporting documentation of a lawful change of name but who does one of the following:
a. Provides proof of identity in the new name, and the department receives from the federal social security administration evidence or confirmation of the name change.
b. Applies for an identification card and provides an affidavit declaring all facts required under subd. 1. to prove a name change under the common law of Wisconsin.
369,96
Section 96
. 801.50 (3) (b) of the statutes is amended to read:
801.50 (3) (b) All actions relating to the validity or invalidly of a rule or guidance document shall be venued as provided in s. 227.40 (1).
369,97
Section 97
. 803.09 (2m) of the statutes is created to read:
803.09 (2m) When a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense, the assembly, the senate, and the legislature may intervene as set forth under s. 13.365 at any time in the action as a matter of right by serving a motion upon the parties as provided in s. 801.14.
369,98
Section 98
. 806.04 (11) of the statutes is amended to read:
806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the legislature. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 13, 20, 111, 227 or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization or the assembly committee on organization may intervene as a party to the proceedings and be heard.
369,99
Section 99
. 809.13 of the statutes is amended to read:
809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1) or, (2), or (2m).
369,100
Section 100
. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:
CHAPTER 893
SUBCHAPTER VIII
CLAIMS AGAINST GOVERNMENTAL
BODIES, OFFICERS AND EMPLOYEES;
STATUTORY CHALLENGES
