Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
Chapter
Trans 102,
Operator's Licenses and Identification Cards, is an existing rule that provides administrative interpretation of Wisconsin State Statute 343 relative to the issuance of operator's licenses, identification cards and vehicle titles & registration.
Chapter
Trans 102 was last amended in 2007. Since that time, changes have occurred in federal and state laws affecting the issuance of driver's licenses (DL's), identification cards (ID's), and titles and registration documents. In addition, the Wisconsin Department of Transportation's Division of Motor Vehicles (DMV) modified internal policies regarding documentation requirements and transaction methods to reflect current technologies used to further improve the customer's experience. As a result, modifications to the rule are necessary. The anticipated modifications will not change the objective of the rule.
Changes to federal laws over the past several years have tightened security and identification standards for DL's and ID's. Modifications to the Chapter
Trans 102 language to reflect these changes will ensure that the DMV is in compliance with the federal requirements related to “REAL ID" (
Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (
6 CFR Part 37)).
Modifications to the rule are necessary to ensure that the DMV is fully compliant with all statutory changes that have occurred since the last Administrative Code rule update, and reflect administrative changes that have occurred since 2007.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Existing state statutes and department policies that need to be updated in the Rule:
State statute changes regarding state identification cards
Wis. Stat. s.
343.50 (5) 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. Stats. ss.
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.
State statute changes regarding religious belief exemption for Real ID non-compliant credentials
Wis. Stat. s.
343.50 (4g) creates a religious belief photograph exemption for Real ID non-compliant credentials.
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 proposes to modify its 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 homeless persons to prove residency for the purpose of obtaining identification.
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 Chapter
Trans 102 include:
•
Designation of both compliant and non-compliant credentials
•
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).
Designation of both compliant and non-compliant credentials
Wis. Stats. ss.
343.03 (3r),
343.165 (7) (a) and
343.165 (7) (b) 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.
Recognition of central issuance processes
DMV is in the process of transitioning to full central issuance of its driver's license and identification products beginning in mid-May, 2012. This means all drivers licenses and identification products will be 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.
Policy alternatives
The proposed modifications to existing Ch.
Trans 102 must be made to ensure that DMV's regulation governing driver licensing 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.
•
REAL ID compliance
The state of 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 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 January 15, 2013, the federal deadline.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
DMV statutory authority to administer and modify Chapter
Trans 102 is established in Chapter
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.
(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.
Cross-reference: See also chs.
Trans 102 and
115, Wis. adm. code.
Wis. Stat. ss.
343.03 (1) (a) and
(b) establishes the department's requirement to institute a classified driver license system that meets all federal standards.
343.03 Classified driver license system.
(1) Compliance with federal standards.
(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.
343.50 (1) (a) 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.
(c) The department may issue a receipt to any applicant for an identification card, 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.
Wis. Stat. s.
343.50 (4g) details the legal standing for a person to request a photograph exemption for the identification cards; applicants must provide an affidavit stating they have a sincerely held religious against being photographed.
343.50 (4g) Photograph requirement; exception. An application for an identification card may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.
Wis. Stat. s.
343.50 (5) defines the fee structure the department must use when issuing identification cards to qualified applicants. Wis. Stat. s.
343.50 (5) (a) 3. prohibits the department from charging an applicant the initial issuance or reinstatement fee for an 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.
343.50 (5) Valid period; fees.
(a) 1. Except as provided in subds. 2. and 3., the fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
a. The department has canceled the applicant's valid operator's license after a special examination under s.
343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s.
343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
3. The department may not charge a fee to an applicant for the initial issuance or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
Wis. Stat. s.
343.50 (5m) defines the fees associated with issuing state identification cards. The card issuance fee does not apply if the applicant meets the requirements defined under Wis. Stat. s.
343.50 (5) (a) 3.
343.50 (5m) Card issuance fee. In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2. or 3. or (7).
Wis. Stat. s.
343.50 (6) defines the renewal fees associated with the issuance of state identification cards. The renewal fee does not apply if the applicant meets the requirements defined under Wis. Stat. s.
343.50 (5) (a) 3.
343.50 (6) Renewal. At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s.
343.175. The fee for a renewal identification card shall be $18 except that, if the identification card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there shall be no fee for renewal of the identification card. The renewal identification card shall be valid for 8 years, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s.
343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s.
343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 8 years. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.
Wis. Stat. s.
343.50 (7) defines the fee structure for duplicate identification cards. The fees do not apply if an applicant meets the requirements defined under 343.50 (5) (a) (3).
343.50 (7) Duplicate. The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there is no fee for a duplicate card.
Wis. Stat. s.
85.16 (1) defines the department secretary's authority to make “reasonable and uniform orders and rules deemed necessary."
85.16 Department rules and forms. (1) The secretary may make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department. The secretary may also prescribe forms for applications, notices and reports required by law to be made to the department or which are deemed necessary to the efficient discharge of all powers, duties and functions and prescribe the form and manner in which those applications, notices and reports may be filed or submitted.
REAL ID provisions are scattered throughout Ch.
343, Stats. Most of the provisions were adopted as part of the 2007-2009 State Budget,
2009 Wis. Act 20. A concise explanation of the provisions was produced by the Legislative Fiscal Bureau as 2007 Budget Paper #795, dated May 17, 2009, and is available online at:
2011 Wis. Act 23, the “Voter ID" legislation, modified the changes to state law made by
2007 Wis. Act 20 to allow the issuance of ID's and driver licenses that are not REAL ID compliant. All such licenses must clearly show that they do not comply with REAL ID requirements in accordance with federal law.
The requirements for REAL ID compliant cards (driver license and identification) are defined under
6 CFR Part 37, Minimum Standards for Driver's Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (also known as REAL ID). The law details the requirements for states to be found fully compliant. Efforts are underway to document DMV's REAL ID compliance and assemble a compliance package for Department of Homeland Security review by the fall of 2012. In short, federal regulations require states to:
•
To collect and keep fully approved identity documentation in a prescribed manner.
6 CFR s. 37.11
•
Verify documents such as Social Security Numbers, to birth certificates, and out-of-state driver licenses and determine whether the person has false identities.
6 CFR s. 37.13
•
Include required security features to deter forgery and counterfeiting and detection of fraudulent cards in any compliant driver license or ID.
6 CFR ss. 37.15-
37.19
•
Issue only temporary or limited-term cards to immigrants who lack permanent status in the U.S.
6 CFR s. 37.21
•
Establish procedures that verify an applicant's identity each time a driver license or ID is issued or renewed.
6 CFR ss. 37.22-
37.25
•
Ensure that an individual is not issued more than one REAL ID compliant card. This requires close communication with all other states to determine if the applicant currently holds a driver's license or REAL ID identification card from another state.
6 CFR s. 37.29
•
Retain documents for future use or reference in the manner required by federal law.
6 CFR s. 37.31
•
Maintain its computer database of driver records in a manner that complies with federal requirements.
6 CFR s. 37.33
•
Develop a Security Plan that addresses the physical security of the facilities that produce the cards, and the safeguards required to protect the security and confidentiality of the information collected, stored, and maintained in DMV records.
6 CFR ss. 37.41-
37.43
•
Conduct a background check of each person who is involved in the manufacture or production of READ ID driver's licenses and identification cards, or who has the ability to affect the identity information that appears on the driver's license or identification card.
6 CFR s. 37.45
•
Insure that non-real ID licenses and ID's issued by the state be clearly different from REAL ID compliant licenses and ID's.
6 CFR s. 37.71
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Current estimates indicate that modifications to the rule will require about 1040 hours of department staff time. Other resources necessary to develop the rule include: the general public, other impacted state agencies, impacted federal agencies, the Wisconsin Legislature, and the Governor's Office.
List with Description of all Entities that may be Affected by the Proposed Rule
