CR 16-040, EmR1618 Hearing Information

STATE OF WISCONSIN

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

NOTICE OF PUBLIC HEARING

The Wisconsin Department of Transportation proposes an Order to amend Trans 102.15 (3) (d), (5) (a), and (5m) (b) 1., 2. and 3., and (c); and to create Trans 102.15 (3) (c), (d) 2., (5) (d) and (6m) of the Wisconsin Administrative Code ch. Trans 102 relating to operator’s licenses and identification cards.

NOTICE IS HEREBY GIVEN that, pursuant to ss. 227.17 and 227.24(4), Stats., the State of Wisconsin Department of Transportation (“WisDOT”) will hold a public hearing on emergency rule, EmR 1618, and permanent rule, ch. Trans 102 relating to operator’s licenses and identification cards.

Hearing Information

Date:     August 4, 2016

Time:     10:00 a.m.

Location:   Wisconsin Department of Transportation

    4802 Sheboygan Avenue, Room 144B

    Madison, WI 53707  

Appearances at the Hearing and Submittal of Written Comments: Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their written comments. WisDOT will accept written comments until Friday, August 5, 2016. Written comments may be sent to Kristina Boardman, Administrator, WisDOT, 4802 Sheboygan Avenue, Room 225, Madison, Wisconsin, 53707, [e-mail].

Accessibility: If you have special needs or circumstances regarding communication or accessibility at a hearing, please call Jennifer Peters, Administrative Rulemaking Coordinator, at [phone] no later than Monday, August 1, 2016. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Initial Regulatory Flexibility Analysis: The Department anticipates no effect on small businesses as a result of this rule as defined under s. 227.114 (1). The Department is unaware of any business that provides assistance in obtaining government documents required to support an application for an identification card.

The agency contact person listed below is also the small business regulatory coordinator for emergency rule, EmR 1618, and proposed permanent rule.

Agency Contact Person:

Kristina Boardman, Administrator

Division of Motor Vehicles

4802 Sheboygan Avenue, Room 225

Madison, WI 53707

Phone: [phone]

Email: [e-mail]

Pursuant to s. 227.17(3), Wis. Stats., a copy of the proposed permanent rule and fiscal estimate were hand-delivered to the legislative council staff, under s. 227.15(1), Wis. Stats., on June 27, 2016.

Statutory Authority: WisDOT proposes to promulgate the proposed rules under sections 85.16(1), 343.02(1), 343.14 and 343.50, Wis. Stats.

Sections 343.14 and 343.50(4), Wis. Stats., specify the contents of applications for identification cards and authorize the Department to require such information as the Department considers appropriate to identify the applicant.

Section 343.50, Wis. Stats., requires the Department to issue identification cards.

Section 343.50 (5) (a) 3., Wis. Stats., prohibits the Department from charging a fee for an identification card requested by a qualified applicant who requests it for purposes of voting.

Section 343.50 (1) (c), Wis. Stats., authorizes the Department to issue an identification card receipt as a temporary identification card while the Department processes the application.

Section 343.02 (1), Wis. Stats., authorizes the Department to promulgate such rules concerning identification cards that the Secretary of the Department considers necessary.

Section 85.16 (1), Wis. Stats., authorizes the Secretary of the Department to make rules deemed necessary to the discharge of the powers, duties and functions vested in the Department.

Plain Language Analysis: In 2011, Wisconsin enacted a statute requiring voters to present photographic identification when voting, and listed identification cards issued by the Department’s Division of Motor Vehicles (“DMV”) among the types of acceptable photographic identification. The statute also prohibited DMV from charging a fee to an individual applying for the initial issuance, renewal, duplicate issuance, or reinstatement of an identification card if the individual is a U.S. citizen who will be at least 18 years of age on the date of the next election and he or she requests that the identification card be provided without charge for purposes of voting.