The department is electing not to require verification of all documents provided by the person as permitted by s. 343.165 (5), Stats. Nothing shall prevent the department from verifying information or documents.
Section 32. Creates requirements for persons moving from out of state to Wisconsin who should obtain a Wisconsin driver license. Consistent with 49 CFR 383.71 (c) and 384.212 (b), persons from other states or Washington D.C. who hold CDL licenses have only 30 days to obtain a Wisconsin CDL after moving to this state. CDL holders moving from Mexico, Canada, or U.S. territories to Wisconsin and all “Class D” and “M” drivers are allowed 60 days to obtain a Wisconsin license. See s. 343.01 (2) (g), Stats., regarding establishing residency for driver licensing purposes. This chapter constitutes the department’s administrative interpretation of ss. 343.01 (2) (g) and 343.05, Stats., and is intended to be interpreted consistently with those sections of state law and relevant portions of 49 CFR parts 383 and 384. Section 33. Interprets state statutes that require the department to identify a product applicant prior to product issuance. The amount of proof required depends on the type of product being issued. Proof of identity establishes the person’s full legal name in accordance with s. 343.14 (2) (a), Stats. Applicants for driver licenses or ID cards meeting federal REAL ID requirements must provide proof consistent with the requirements of federal and state law for issuance of REAL ID compliant products. 6 CFR 37.3 and 37.11 (c) (1) (ii) allow Wisconsin to accept birth certificates from select territories, states, and places specified. Persons born in other U.S. territories need to obtain proof of identity other than a birth certificate. Neither a hospital birth certificate, a notification of birth registration, nor baptismal certificate satisfies this requirement. Effective November 1, 1986, s. 69.24 (1) (a), Stats., prohibits Wisconsin hospitals from issuing a document which appears to be a birth certificate. Persons who seek REAL ID non-compliant only need to provide proofs of identity required under state law. Under this proposed rulemaking, DMV will permit an applicant to obtain a REAL ID non-compliant product if the person requests DMV not to issue them a REAL ID, even if the person submitted all proof required for a REAL ID compliant product. Generally, documents must be valid and unexpired to be accepted by the department. For the limited purpose of proving identity for a REAL ID non-compliant product that does not meet federal REAL ID standards, the department will accept a U.S. passport that is expired 5 years or less. This is the same length of time the U.S. federal government will generally allow an expired passport to be renewed. The department will only accept the documents set out in the rule. However, this rule allows the department to incorporate changes made by DHS pursuant to 6 CFR 37.11 (c) (1) (x). An applicant must provide proof of SSN. However, Congress, as part of the Consolidated Appropriations Act of 2021, P.L. 116-260, sec. 1001(4), eliminated the need to present an original social security card to obtain a REAL ID. Accordingly, this rulemaking only requires that a person provide an SSN as a condition for issuance. Under s. 343.14 (2) (br), Stats., a person who does not hold and is ineligible for an SSN may provide a statement explaining why and provide evidence, such as proof of legal presence, to substantiate their statement. This typically applies to persons who are residing temporarily in the United States, do not have authorization to work in the United States, and do not have an SSN. 6 CFR 37.11 (e) (2) requires the department to verify SSNs with the U.S. Social Security Administration (SSA). Consistent with s. 343.165 (1) (c), Stats., this rule requires SSNs be provided and verified as a condition to issuance of any REAL ID compliant or non-compliant product. DMV may verify or attempt to verify any information or documentation provided in support of an application for any type of product and may decline to issue a product until the information or documentation can be verified or until alternative verifiable documentation is provided.
The following American Indian ID cards may be accepted as proof of identity to support issuance of a REAL ID non-compliant product: Red Cliff Band of Lake Superior Chippewa whose identification card was issued on or after October 1, 2003; Saint Croix Chippewa Indians of Wisconsin; Menominee Indian Tribe of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa; Bad River Band of Lake Superior Chippewa; Ho-Chunk Nation; Forest County Potawatomi; Sokaogon Chippewa Community; Mole Lake Band of Superior Chippewa whose identification card was issued on or after October 1, 2003; and Lac Courte Oreilles Band of Lake Superior Chippewa whose identification card was issued on or after October 18, 2004.
Section 343.165, Stats., prohibits use of a foreign document, other than a passport, as proof of ID. Therefore, Canadian driver licenses may not be used to establish identity in Wisconsin. For proof of identity for a non-compliant product, the department may accept a product issued by any U.S. territory. Name change documentation, such as original or certified copies of documents issued by a court, governmental body, or other entity; or evidence that the person has used the name in a manner that qualifies the name as being legally changed under common law of Wisconsin may qualify a person for a REAL ID compliant product. See 6 CFR 37.11 (c) (2). Section 343.06 (1) (k), Stats., prohibits the department from issuing a driver license to any person who is not a resident. Section 343.14 (2) (a), Stats., requires the residence address be provided by any driver license applicant. Sections 343.165 and 343.50 (1), Stats., require DMV to obtain documentation showing the applicant's name and address of principal residence when processing license and ID card applications, 6 CFR 37.11. The appropriate immigration documents determine legal presence, not the passport itself. The documents establishing evidence of legal presence in the United States shall be considered valid documentary proof that the individual is a U.S. citizen or national or an alien lawfully admitted for permanent or temporary residence. This rulemaking conforms with the requirements of 6 CFR 37.11 (g) (1) and include documents described in 6 CFR 37.11 (c). The department may not accept certificates of naturalization or certificates of citizenship issued by the Immigration and Naturalization Service. Only DHS-issued documents meet this requirement. REAL ID driver license or ID cards are not acceptable proof of legal presence. The Social Security Administration’s Social Security Online Verification (SSOLV) program is currently used to verify SSNs. CDL applicants must provide an SSN and are ineligible for licensure without it under 49 CFR 383.73 (g). The department interprets s. 343.165 (7) (a), Stats., as permitting issuance of non-CDL and REAL-ID noncompliant ID cards and driver license documents without scanning documentary proofs otherwise required under s. 343.165 (2) (a), Stats. The department interprets s. 343.165 (7) (b), Stats., as permitting issuance of non-compliant products to persons who were issued products prior to 2013 if the department has records of the person in its computer database. Prior to 2013, the department required the person to provide all required proofs of identity set forth in the statutes but did not require the department to retain a copy of those documents. Under 6 CFR 37.31 (a), the department now must retain images of documentary proofs for CDL and REAL ID compliant products. In addition to DHS’ Systematic Alien Verification for Entitlements system, DHS has authorized use of the American Association of Motor Vehicle Administrators’ verification of legal status system, and the U.S. Passport Verification Service as alternate acceptable mechanisms for verifying the legal presence of a person in the United States. The department uses any or all of these systems to verify legal presence.
49 CFR 383.71 (b) (8) requires permanent residents who apply for an H endorsement to provide the alien number issued to the applicant by USCIS. Federal law prohibits the department from accepting an alien registration receipt card in lieu of a permanent resident card. Alien registration receipt cards were issued prior to 1977. Persons possessing those cards are required to obtain a resident alien card, federal Form 551. Maildrop facilities at non-postal service locations, such as Mailboxes Etc., may not be used as an address under this rule and products may not be mailed to maildrop addresses
This rulemaking also repeals duplicative provisions relating to persons who seek identification solely for purposes of voting. Documentation requirements for voting are set forth in s. 343.165 (8), Stats. Section 34. Recreates provisions relating to product validity after issuance. To reduce administrative costs, the department has historically issued products that expire 8 years from an applicant’s next birthday and has allowed drivers to renew products within the one year period preceding expiration of their present ID or license. Section 343.20 (1) (a), Stats., permits the department to institute a system of issuance to provide for a uniform rate of product renewal. The department uses product holder’s birthdays to distribute issuance throughout the calendar year. Under 6 CFR 37.5 (a) and 49 CFR 383.73 (a) (9), states are prohibited from having licenses that extend more than 8 years from the date of issuance. Strict application of this federal requirement would prevent Wisconsin from following its longstanding practice of issuing renewal products to drivers in the months before expiration and having the license extend 8 years from the expiration date of the driver’s current product. Notwithstanding the language of the federal regulation, FMCSA has advised states that it will not object to states following practices like Wisconsin’s, which allows for license expiration on birthdays and renewal of licenses during the period before the expiration date. Accordingly, the department does not propose to change its current 8-year licensing cycle system. DHS has found Wisconsin’s current 8-year renewal cycle to comply with their requirements. Noncitizen products terminate on the date the product holder’s legal status ends according to the proofs of legal status they provide to the department when applying for the product. Two and 3-year licenses expire 2 and 3 years, respectively, after an applicant’s next birthday.
H endorsement holders are subject to background checks at least once every 5 years.
2015 Wis. Act 55 created s. 343.50 (5) (d), Stats., which allows persons 65-years or older to obtain ID cards that do not expire. ID cards that do not expire will not be REAL ID compliant. Section 35. Repeals s. Trans 102.17 because recreated s. Trans 102.16 covers temporary operator’s licenses. Current s. Trans 102.17 (2) (c) is repealed because the department allows motorcycle operators to take exams on an expired permit. Section 37. Repeals and recreates s. Trans 102.19 to mirror statutory requirements. Section 343.07 (1g), Stats., requires persons be at least 15-years-old to obtain an instruction permit, pass the knowledge test, and be otherwise qualified to obtain a license in this state. Males ages 18 to 25 are also notified that, upon submission of their application, their data will be shared with, and they will be registered with, the selective service. Section 343.07 (2), Stats., ties eligibility for an instruction permit to driving skills training. Section 343.06 (1) (c), Stats., prohibits issuance of a license to any person under 16-years-old except for “Class D” instruction permits issued under s. 343.07 (1g), Stats. Section 343.07 (1g), Stats., states that instruction permits do not authorize operation of mopeds or motor bicycles. Therefore, no instruction permit may be issued for a moped or motor bicycle to a person who is less than 16-years-old. Section 38. Repeals the definition, “livestock feeder” to mirror the Wisconsin Department of Trade and Consumer Protection. See Section 43.
Section 39. Mirrors statutory definition found in s. 95.715 (1) (b), Stats. Section 40. Repeals an obsolete note.
Section 41. Changes Division of Motor Vehicle Services Center to DMV customer service center and updates a cross reference to prorated fees.
Section 42. Creates a definition for domestic partner and allows for domestic partners of the minor’s parent to sponsor the minor’s application for a driver license. The rule also allows a minor’s domestic partner to sponsor the minor’s application for a driver license. Corrects a cross reference.
Section 43. Allows the department to investigate any information, affirmation, or document provided as part of an application to determine its authenticity.
Section 44. Amends provisions in ch. Trans 104, which deals with knowledge and skills testing for drivers. Provisions related to motorcycle license testing are more properly dealt with in that chapter, so the substantive policy allowing motorcyclists to take exams on an expired instruction permit is maintained in the law by amendment of s. Trans 104.06. Drivers who fail tests given under an expired instruction permit are required to obtain an instruction permit or other authorization to operate the class of vehicle prior to their next examination. Instruction permit holders generally need additional practice and experience to be able to pass the examination after the required retesting waiting period prescribed by s. Trans 104.09. By obtaining the instruction permit at the time of failing a skills test, the person will have authority to practice driving on highways between the time of issuance and the time of the person’s next examination. Only department employees are authorized to conduct tests of drivers with expired licenses. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Comparison with Rules in Adjacent States:
Federal Statutes and Regulations. Congress passed the REAL ID Act of 2005 (Pub. L. 109-13, 119 Stat. 231) in an effort to strengthen the security, authentication, and issuance standards for state driver licenses and ID cards. On or after May 2025, it is expected that federal agencies will only accept REAL driver licenses or IDs for official federal purposes, which includes boarding federally regulated commercial aircraft, accessing federal facilities that require identification to enter, and entering nuclear power plants.
Notably, the REAL ID Act:
Prohibits federal agencies from accepting state-issued driver licenses and ID cards unless those products meet the minimum security requirements
Sets forth minimum issuance standards for products that require:o
Verification of presented informationo
Evidence the applicant is lawfully present in the United Stateso
Temporary driver licenses and ID cards not exceed a person’s temporarily presence in the United States period of authorized stay, or for one year when the period of stay is indefinite
Requires states, as a condition of receiving grant funds or financial assistance under this Act, to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).
Prohibits false authentication features for use in false identification documents, document-making implements, or means of identification.6 CFR part 37 regulates the requirements for REAL ID driver license and ID card issuance. 6 CFR 37.11 outlines the minimum documentation, verification, and card issuance requirements states must follow. To establish identity, a REAL ID product applicant must establish proof of all of the following:
Lawful status in the U.S.6 CFR 37.15 requires states meet the standards outlined in 6 CFR part 37 or have a U.S. Department of Homeland Security-approved comparable REAL ID program to be fully compliant with the REAL ID Act. Illinois.
The Illinois Secretary of State issues licenses and identification cards under 92 IL Adc ch. II, Pt. 1030. The following is a summary of Illinois driver license and ID application requirements and eligibility criteria prepared by the Illinois Secretary of State:
The Acceptable Identification Document chart lists documents that may be used as forms of identification to provide proof of legal name, date of birth, Lawful Status, Social Security number and residency when applying for a driver’s license/ID card. After review of all identification presented, the Secretary of State management has the right to accept or refuse any document
Please note the following:
Signature comparison is required in the verification process.
The number of documents required depends on whether an applicant is applying for a driver’s license/ID card for the first time, or requesting a duplicate or corrected driver’s license/ID card.
One document may satisfy more than one group.
New residents must surrender all out-of-state licenses/ID cards prior to issuance of an Illinois driver’s license/ID card.
An applicant applying for a Temporary Visitor Driver’s License is not required to present documents from Group C. Instead, the applicant must sign a declaration on the TVDL application that the applicant is, at the time of application, ineligible to obtain a Social Security number.First-time Illinois Driver’s License/ID Card Applicant or First-time REAL ID Applicant (even if applicant holds or has held a standard Illinois DL/ID). An applicant applying for a driver’s license or ID card for the first time in Illinois must present:
