AB1070,57,1010
e. A Wisconsin operator's license bearing a photograph of the person.
AB1070,57,1211
f. A Wisconsin identification card issued under s. 343.50, bearing a photograph
12of the person, other than an identification card issued under s. 343.50 (1) (c) 2.
AB1070,57,1313
g. A federal I-551 “permanent resident alien registration receipt card."
AB1070,57,2314
h. A federal I-94 “parole edition" or “refugees version" arrival-departure
15record, together with a certification, on the department's form, by the person, of the
16person's name and date of birth, a copy of a federal department of state refugee data
17center reception and placement program assurance form and a letter from the
18person's sponsoring agency on its letterhead, supporting the person's application for
19a Wisconsin identification card or operator's license and confirming the person's
20identification. Applicants who are unable to provide a reception and placement
21program assurance form may be issued a Wisconsin identification card or operator's
22license, but only after their identification has been confirmed by the U.S. citizenship
23and immigration services.
AB1070,57,2424
i. A U.S. certificate of naturalization.
AB1070,57,2525
j. A certificate of U.S. citizenship.
AB1070,58,2
1k. A federal temporary resident card or employment authorization card, I-688,
2I-688A, I-688B, and I-766.
AB1070,58,63
L. A Native American identification card that is issued by a federally
4recognized tribe or a band of a federally recognized tribe, is issued in Wisconsin,
5includes a photograph and signature or reproduction of a signature of the person, and
6has been approved by the secretary for use as identification.
AB1070,58,97
m. A court order under seal related to the adoption or divorce of the individual
8or to a name or gender change that includes the person's current full legal name, date
9of birth, and, in the case of a name change or divorce order, the person's prior name.
AB1070,58,1110
n. An armed forces of the U.S. common access card or DD Form 2 identification
11card issued to military personnel.
AB1070,58,1312
o. Department of homeland security/transportation security administration
13transportation worker identification credential.
AB1070,58,1514
7. In this paragraph, “unavailable" means that the applicant does not have the
15document and would be required to pay a government agency to obtain it.
AB1070,58,2016
(c) The administrator may delegate to the deputy administrator or to a bureau
17director, as described in s. 15.02 (3) (c) 2., whose regular responsibilities include
18driver licensing and identification card issuance, the authority to accept or reject
19such extraordinary proof of name, date of birth, or U.S. citizenship under this
20subsection.
AB1070,58,2221
(e) The denial of a petition under par. (b) is subject to judicial review in the
22manner provided in ch. 227 for the review of administrative decisions.
AB1070,59,323
(f) If the administrator, or delegate described in par. (c), determines that an
24applicant has knowingly made a false statement or knowingly concealed a material
25fact or otherwise committed a fraud in an application, petition, or additional
1information, the department shall immediately suspend the investigation, shall
2notify the person in writing of the suspension and the reason for the suspension, and
3refer any suspected fraud to law enforcement.
AB1070,59,94
(g) A person whose petition is suspended or denied due to a failure to respond
5timely may revive the petition at any time by contacting the department to discuss
6the petition application. If a person revives a petition, the department shall
7immediately issue, and shall continue to reissue, an identification card receipt to the
8person as provided in s. 343.50 (1) (c) 2., except that the department shall first
9require the person to take a photograph if required under s. 343.50 (1) (c) 2.
AB1070,59,1310
(h) The department shall grant a petition if the department concludes, on the
11basis of secondary documentation or other corroborating information, that it is more
12likely than not that the name, date of birth, and U.S. citizenship provided in the
13application is correct.
AB1070,92
14Section 92
. 343.50 (1) (c) of the statutes is renumbered 343.50 (1) (c) 1. and
15amended to read:
AB1070,59,2216
343.50
(1) (c) 1. The department may issue a receipt to any applicant for an
17identification card,
and shall issue a receipt to an applicant requesting an
18identification card under sub. (5) (a) 3., which receipt shall constitute a temporary
19identification card while the application is being processed and shall be valid for a
20period not to exceed 60 days. If the application for an identification card is processed
21under the exception specified in s. 343.165 (7)
or (8), the receipt shall include the
22marking specified in sub. (3) (b).
AB1070,93
23Section 93
. 343.50 (1) (c) 2. of the statutes is created to read:
AB1070,59,2524
343.50
(1) (c) 2. If the department issues a receipt to an applicant petitioning
25the department under s. 343.165 (8), all of the following apply:
AB1070,60,20
1a. The department shall issue the receipt not later than the 6th working day
2after the person made the petition and shall deliver the receipt by 1st class mail,
3except that if a petition is filed or revived within 7 days before or 2 days after a
4statewide election the department shall issue a receipt not later than 24 hours after
5the petition is filed or revived and shall deliver the receipt by overnight or next-day
6mail. The department shall issue a new receipt to the person not later than 10 days
7before the expiration date of the prior receipt, and having a date of issuance that is
8the same as the expiration date of the prior receipt. The department shall issue no
9receipt to a person after the denial of a petition under s. 343.165 (8), unless the person
10revives an investigation. The department shall continue to reissue identification
11card receipts to a person unless the department cancels the identification card
12receipt upon the circumstances specified in sub. (10), upon the issuance of an
13operator's license or identification card to the person, upon the person's request,
14upon the denial of the application, upon return to the department of a receipt as
15nondeliverable, upon the person's failure to contact the department to discuss the
16petition for a period of 180 days or more, or whenever the department receives
17information that prohibits issuance of an identification card under sub. (1) (c). The
18department shall require the person to take a photograph prior to reissuing an
19identification card receipt if the photograph of the person on file with the department
20is 8 or more years old.
AB1070,61,521
b. An identification card receipt issued under this subdivision shall constitute
22a temporary identification card while the application is being processed under s.
23343.165 (8) and shall be valid for a period not to exceed the period specified in sub.
24(1) (c). The department shall clearly mark the receipt “FOR VOTING PURPOSES
25ONLY" as validated for use for voting as provided in ss. 5.02 (6m) (d) and 6.79 (2) (a).
1A receipt issued under this subsection shall contain the information specified under
2s. 343.17 (3), including the date of issuance, the expiration date, the name and
3signature of the person to whom it was issued, and, except as authorized in sub. (4g),
4a photograph of the individual to whom it was issued, and may contain such further
5information as the department deems necessary.
AB1070,61,86
c. The department shall issue a replacement identification card receipt under
7subd 1. a. upon request of the person to whom it is issued if the receipt is lost or
8destroyed.
AB1070,61,149
d. Notwithstanding subd. 2. a., the department shall cancel or refuse to issue
10an identification card receipt under this subsection upon the circumstances specified
11in sub. (10), upon the issuance of an operator's license or identification card to the
12person, upon the person's request, upon the denial of the application, upon return to
13the department of a receipt as nondeliverable, or whenever the department receives
14information that prohibits issuance of an identification card under subd. 1.
AB1070,61,2115
e. Whenever any person, after receiving an identification card receipt under
16this subdivision, moves from the address named in the application or in the receipt
17issued to him or her or is notified by the local authorities or by the postal authorities
18that the address so named has been changed, the person shall, within 30 days, notify
19the department of his or her change of address. Upon receiving a notice of change of
20address, the department shall promptly issue a new receipt under subd. 2. a. showing
21the correct address and having the expiration date of the prior receipt.
AB1070,94
22Section 94
. 343.50 (3) (b) of the statutes is amended to read:
AB1070,62,223
343.50
(3) (b) If an identification card is issued based upon the exception
24specified in s. 343.165 (7)
or (8), the card shall, in addition to any other required
1legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a
2marking similar or identical to the marking described in s. 343.03 (3r).
AB1070,95
3Section 95
. 343.50 (3) (c) of the statutes is created to read:
AB1070,62,144
343.50
(3) (c) 1. Notwithstanding par. (a), the department may issue an
5identification card bearing a name other than the name that appears on a supporting
6document if the person provides evidence acceptable to the department that the
7person has used the name in a manner that qualifies the name as being legally
8changed under the common law of Wisconsin, including evidence of the person's prior
9name, changed name, the length of time the person has consistently and
10continuously used the changed name, an affirmation that the person no longer uses
11the prior name, and an affirmation that the person did not change his or her name
12for a dishonest or fraudulent purpose or to the injury of any other person. The
13department shall mark an identification card issued under this subdivision in the
14manner described in s. 343.03 (3r).
AB1070,62,1715
2. Notwithstanding par. (a), the department shall approve a name change
16requested by a person who cannot provide supporting documentation of a lawful
17change of name but who does one of the following:
AB1070,62,2018
a. Provides proof of identity in the new name, and the department receives from
19the federal social security administration evidence or confirmation of the name
20change.
AB1070,62,2221
b. Applies for an identification card and provides an affidavit declaring all facts
22required under subd. 1. to prove a name change under the common law of Wisconsin.
AB1070,96
23Section 96
. 801.50 (3) (b) of the statutes is amended to read:
AB1070,62,2524
801.50
(3) (b) All actions relating to the validity or invalidly of a rule
or
25guidance document shall be venued as provided in s. 227.40 (1).
AB1070,97
1Section
97. 803.09 (2m) of the statutes is created to read:
AB1070,63,72
803.09
(2m) When a party to an action challenges in state or federal court the
3constitutionality of a statute, facially or as applied, or challenges a statute as
4violating or preempted by federal law, as part of a claim or affirmative defense, the
5assembly, the senate, and the state legislature may intervene at any time in the
6action as a matter of right by serving a motion upon the parties as provided in s.
7801.14.
AB1070,98
8Section
98. 806.04 (11) of the statutes is amended to read:
AB1070,64,219
806.04
(11) Parties. When declaratory relief is sought, all persons shall be
10made parties who have or claim any interest which would be affected by the
11declaration, and no declaration may prejudice the right of persons not parties to the
12proceeding. In any proceeding which involves the validity of a municipal ordinance
13or franchise, the municipality shall be made a party, and shall be entitled to be heard.
14If a statute, ordinance or franchise is alleged to be unconstitutional,
or to be in
15violation of or preempted by federal law, the attorney general shall also be served
16with a copy of the proceeding and
, except as provided under this subsection, be
17entitled to be heard.
If a statute is alleged to be unconstitutional, or to be in violation
18of or preempted by federal law, the speaker of the assembly, the president of the
19senate, and the senate majority leader shall also be served with a copy of the
20proceeding, and the assembly, the senate, and the state legislature are entitled to be
21heard. If the assembly, the senate, or the joint committee on legislative organization
22intervenes as provided under s. 803.09 (2m), the assembly shall represent the
23assembly, the senate shall represent the senate, and the joint committee on
24legislative organization shall represent the state. In an action involving the
25constitutionality of a statute, or challenging a statute as violating or preempted by
1federal law, if the joint committee on legislative organization determines at any time
2that the interests of the state will be best represented by special counsel appointed
3by the legislature, it shall appoint special counsel to represent state defendants and
4act instead of the attorney general and the attorney general may not participate in
5the action. Special counsel appointed under this subsection shall have the powers
6of the attorney general with respect to the litigation to which special counsel has been
7appointed. In any proceeding under this section in which the constitutionality,
8construction or application of any provision of ch. 227, or of any statute allowing a
9legislative committee to suspend, or to delay or prevent the adoption of, a rule as
10defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for
11review of administrative rules shall be served with a copy of the petition and, with
12the approval of the joint committee on legislative organization, shall be made a party
13and be entitled to be heard.
In any proceeding under this section in which the
14constitutionality, construction or application of any provision of ch. 13, 20, 111, 227
15or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a
16legislative committee to suspend, or to delay or prevent the adoption of, a rule as
17defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on
18legislative organization shall be served with a copy of the petition and the joint
19committee on legislative organization, the senate committee on organization or the
20assembly committee on organization may intervene as a party to the proceedings and
21be heard.
AB1070,99
22Section
99. 809.13 of the statutes is amended to read:
AB1070,65,2
23809.13 Rule (Intervention). A person who is not a party to an appeal may
24file in the court of appeals a petition to intervene in the appeal. A party may file a
25response to the petition within 11 days after service of the petition. The court may
1grant the petition upon a showing that the petitioner's interest meets the
2requirements of s. 803.09 (1)
or, (2)
, or (2m).
AB1070,100
3Section 100
. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the
4statutes is amended to read:
AB1070,65,116
SUBCHAPTER VIII
7
CLAIMS AGAINST GOVERNMENTAL
8
BODIES, OFFICERS AND EMPLOYEES
;
9
ACTIONS ALLEGING A STATUTE IS
10
UNCONSTITUTIONAL OR
11
OTHERWISE INVALID
AB1070,101
12Section
101. 893.825 of the statutes is created to read:
AB1070,65,17
13893.825 Actions alleging a statute is unconstitutional or in violation of
14or preempted by federal law. (1) In an action in which a statute is alleged to be
15unconstitutional, or to be in violation of or preempted by federal law, the attorney
16general shall be served with a copy of the proceeding and, except as provided in sub.
17(2), is entitled to represent the state and be heard.
AB1070,65,22
18(2) In an action in which a statute is alleged to be unconstitutional, or to be in
19violation of or preempted by federal law, the speaker of the assembly, the president
20of the senate, and the senate majority leader shall also be served with a copy of the
21proceeding and the assembly, the senate, and the joint committee on legislative
22organization are entitled to be heard.
AB1070,102
23Section
102.
Nonstatutory provisions.
AB1070,66,724
(1)
Intervention by assembly, senate, and joint committee on legislative
25organization. The assembly, senate, and joint committee on legislative organization
1may intervene as permitted under s. 803.09 (2m) in any litigation pending in state
2or federal court on the effective date of this subsection. If the joint committee on
3legislative organization intervenes and appoints special counsel to represent state
4defendants as set forth under s. 806.04 (11) or 893.825, the attorney general shall
5notify the court of the substitution of counsel by special counsel appointed by the joint
6committee on legislative organization to represent the state defendants and may not
7participate in the action.
AB1070,66,138
(2) WEDC
; Staggering of initial terms. Notwithstanding the length of terms
9specified for the members of the board of directors of the Wisconsin Economic
10Development Corporation under s. 238.02 (1), the initial members appointed by the
11speaker and minority leader of the assembly and the majority leader and minority
12leader of the senate beginning on the effective date of this subsection shall be
13appointed for terms expiring as follows:
AB1070,66,1714
(a) The terms of 2 members appointed by the speaker of the assembly, the
15member appointed by the assembly minority leader, 2 members appointed by the
16senate majority leader, and the member appointed by the senate minority leader,
17shall expire on October 1, 2022.
AB1070,66,1918
(b) The terms of one member appointed by the speaker of the assembly and one
19member appointed by the senate majority leader shall expire on October 1, 2024.
AB1070,66,2520
(3)
WEDC; current board members. The members of the board of directors of
21the Wisconsin Economic Development Corporation serving at the pleasure of the
22speaker of the assembly and senate majority leader on the day before the effective
23date of this subsection shall continue to serve at pleasure pending the appointment
24of members under sub. (2), but may not serve after January 6, 2019, unless appointed
25under sub. (2).
AB1070,67,52
(1)
Settlement funds. Notwithstanding s. 20.001 (3) (c), from the
3appropriation account under s. 20.455 (3) (g), on the effective date of this subsection,
4there is lapsed to the general fund the unencumbered balance of any settlement
5funds in that appropriation account, as determined by the attorney general.
AB1070,67,106
(2)
Office of solicitor general positions. In the schedule under s. 20.005 (3)
7for the appropriation to the department of justice under s. 20.455 (1) (gh), the dollar
8amount for fiscal year 2018-19 is decreased by $320,000 to decrease the authorized
9FTE positions for the department by 1.0 PR solicitor general position and 3.0 PR
10deputy solicitor general positions on January 1, 2019.
AB1070,67,1411
(3)
Department of justice gifts and grants. Notwithstanding s. 20.001 (2) (b),
12any moneys encumbered under the appropriation accounts under s. 20.455 (2) (gb)
13and (3) (g) before the effective date of this subsection may be expended pursuant to
14the terms of the encumbrance.
AB1070,67,1916
(1)
Agency publications. The treatment of s. 227.05 with respect to printed
17publications first applies to guidance documents, forms, pamphlets, or other
18informational materials that are printed 60 days after the effective date of this
19subsection.
AB1070,67,2220
(2)
Group insurance board. The treatment of s. 15.07 (1) (b) 24. first applies
21to a member of the group insurance board who is appointed by the governor on the
22effective date of this subsection.
AB1070,68,223
(3)
Gubernatorial approvals of proposed rules. The treatment of ss. 227.135
24(3), 227.185, and 227.24 (1) (e) 1d. and 1g., the renumbering and amendment of s.
25227.135 (2), and the creation of s. 227.135 (2) (a) 2. first apply to a proposed rule or
1emergency rule whose statement of scope is submitted to the legislative reference
2bureau for publication under s. 227.135 (3) on the effective date of this subsection.
AB1070,68,53
(4)
Final decision of an agency. The treatment of ss. 227.46 (1) (h), (2), (2m),
4(3) (a) and (8) and 227.47 (1) and (3) first applies to requests for hearings made on
5the effective date of this subsection.
AB1070,68,87
(1)
Final decisions in contested cases. The treatment of s. 227.05 takes effect
8on the first day of the 7th month beginning after publication.