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
General public – all individuals in the State of Wisconsin, their employers, and other groups with which those individuals interact
Airlines – required to confirm identity with a real ID as a condition of travel
Driving public – members of Wisconsin's general public who operate a motorized vehicle
Persons who need ID Cards – Any person who obtains a Wisconsin ID
Voters – all persons who vote
Other state agencies – Any state agency that requires a driver's license or state identification card from an individual, or a state agency that provides the documentation necessary for an individual to meet the requirements to be issued a compliant REAL ID product.
Department of Homeland Security – to the extent that it is the federal agency authorized to review and make a determination regarding DMV's compliance with REAL ID.
Other federal agencies – adhere to and enforce federal laws, who may require a REAL ID compliant card in order for an individual to conduct official federal business.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
6 CFR Part 37 to establishes minimum standards for state-issued driver's licenses and identification cards in accordance with the federal REAL ID Act of 2005. These regulations are described in detail in Section 6 above. Pursuant to the Department of Homeland Security's REAL ID regulation, states must be in full compliance with the REAL ID Act of 2005 by January 15, 2013 (A final rule issued March 7, 2011 extended the date).
Chapter
Trans 102 was last amended in 2007. Since that time, changes have been made to federal and state laws affecting the issuance of driver's licenses, identification cards, titles and registration documents. In addition, the DMV believes internal policies regarding acceptable documentation need updating to reflect current technologies. As a result, modifications to the rule are necessary. The anticipated modifications will not change the objective of the rule.
The following is a brief comparison of Chapter
Trans 102 to the federal REAL ID Act. For the purpose of simplicity, the section headers of Chapter
Trans 102 are used as an organizational tool for review and comparison.
Document condition and authenticity
Similar to REAL ID, Chapter
Trans 102 describes the review and verification of documentation required by this state when issuing a driver's license or identification card. The details of the verification process, definition of any relevant exceptions (allowed under federal law) and the storage of relevant documents required by REAL ID need to be reviewed and the language updated as necessary for compliance with federal standards.
Photographs (exemptions, specifications, and special photo requirements)
Both REAL ID and Chapter
Trans 102 include provisions related to the inclusion of photographs on driver's licenses and identification cards. REAL ID includes specific requirements regarding allowable head coverage, and the wearing of eyewear. Chapter
Trans 102 includes text regarding retaking of photos, the allowance for head coverings due to religious belief, and the allowance of eye glasses (excluding sunglasses), depending on the individual's preference. The language needs to be compared to ensure appropriate consistency, or the documentation of possible differences between a compliant and non-compliant product.
Design of operator's license and identification card
The REAL ID law includes descriptions of the required security features for state issued cards to be compliant. The federal law also includes a description of what is required for non-compliant products. Chapter
Trans 102 includes a section related to the design of the operator's license and identification card; however, it does not include any specific reference to compliant or non-compliant cards. The administrative code text does not include any references to the federally required integrated security features described in the REAL ID law. This rulemaking proposes to amend the rule to allow for compliant and non-compliant driver's licenses and ID's.
National driver registry and commercial driver license registration system
Chapter
Trans 102 includes text regarding the National Driver Registry and commercial driver license registration system which requires the DMV to conduct inquiries into the commercial driver license information systems and the National Driver Registry to determine licensing eligibility. It does not, however, reference the REAL ID Act requirement that states must check with all other states to determine if an applicant currently holds a driver's license or REAL ID identification card in another state. These provisions may need to be amended to comply with REAL ID.
Prorated fees
REAL ID includes no references to fees; Chapter
Trans 102 references fees authorized by statute.
Issuance
Both REAL ID and Chapter
Trans 102 include a defined issuance period for driver's licenses and identification cards. The language in Chapter
Trans 102 must be updated to maintain consistency with state statutes and REAL ID.
The REAL ID Law includes requirements for regarding the physical security expectations of the facilities involved in the production and manufacturing of driver licenses and identification cards. Chapter
Trans 102 includes an outdated reference to central issuance that must be reviewed and updated if necessary.
Proof of identification
Both REAL ID and Chapter
Trans 102 include specific provisions regarding acceptable documentation for proof of identity. The rule and federal laws must be reconciled.
Operator's license, license endorsement and ID issuance periods
REAL ID prescribes the validity periods and deadlines for REAL ID driver's licenses and identification cards. Chapter
Trans 102 includes more detail related to the issuance of all driver license products. These laws must be reconciled if inconsistent.
Temporary operator's license or driver receipt
REAL ID specifies when a state may issue a temporary or limited-term REAL ID card. Chapter
Trans 102 describes when DMV may issue a driver license or identification card and when a driver receipt should be issued. These laws must be reconciled if inconsistent.
Instruction permits
REAL ID specifies when a state may issue a temporary or limited-term REAL ID card. Chapter
Trans 102 provides more detail regarding the issuance, duration and use of the instruction permit. Chapter
Trans 102 also includes detail regarding other types of instruction permits issued, including moped or motorcycle permits. These laws must be reconciled if inconsistent.
Farm service CDLs
Chapter
Trans 102 includes the discussion and administration of farm service CDLs; the REAL ID law does not.
Copying of driver licenses
Chapter
Trans 102 specifies who may make a copy of a driver license to use for the identification of the person to whom the license has been issued, and the person does not sell or transfer the copies to any third person. REAL ID makes no reference to copying for this purpose.
Current state statutes prohibit copying of ID's for legitimate business purposes. Wis. Stat. s.
343.50 (12) (e).
Sponsorship of persons under 18 years of age
Chapter
Trans 102 defines who can be a sponsor of a minor who is licensed to drive in this state. REAL ID does not regulate license sponsors.
Military, firefighting, farmer and emergency government CDL exemptions
Chapter
Trans 102 federal military, firefighting, farmer and emergency government CDL exemptions into state law. These provisions are not affected by REAL ID, but are affected by
49 CFR Parts 383 and
384.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
At this time, it is anticipated that updates to the existing Chapter
Trans 102, which are expected to include modifications that reflect existing state and federal law, will have an indeterminate economic impact. Until the rule is actually drafted, determining the economic impact of the rule is difficult.
Contact Person
WisDMV Bureau of Field Services Deputy Director Aileen Switzer, (608) 266-2743.
Transportation
This statement of scope was approved by the governor on May 25, 2012.
Rule No.
Relating to
The erection of signs on public highways.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule making is to amend section
Trans 200.06 (7), relating to the number of business logo panels allowed on specific information signs, and to the number of specific information signs allowed for each type of motorist service at an interchange where greater or fewer than 6 qualified facilities are available in one or more of the categories of gas, food, lodging, camping, and attractions.
