CR 23-042 Rule Text

_Hlk176335730 3. Proof of date of birth document from the list in sub. (4) (a).

4 4. Proof of social security number meeting the requirements of sub. (6) (a) or alternative proof for temporary

U.S. residents meeting the requirements of sub. (5) (b).

5 5. Proof of residence and domicile meeting the requirements of sub. (5) (a).

6 6. Proof of legal name change meeting the requirements of subd. (3) (c) 1., if the person’s name differs from the name established under subd. 2.

7 7. Evidence of legal presence in the United States meeting the requirements of sub. (4) (a) or (b).

b (b) 1. An application for an H endorsement shall include all of the information required under par. (a), statements required under 49 CFR 1572.9, and all of the following:

a a. If the applicant is a lawful permanent resident, the applicant's alien registration number and alien registration card or other acceptable proof issued by the U.S. government.

b b. The applicant's social security number.

2 2. Upon receiving a completed application for an "H" endorsement, the department shall immediately forward the application to the U.S. transportation security administration. The department shall also inform the applicant that the applicant has a right to obtain a copy of the applicant's criminal history record by submitting a written request for that record to the U.S. transportation security administration.

3 3. The department may not issue or renew a product containing an “H” endorsement for a person unless it has received notice from the U.S transportation security administration that the applicant does not pose a security threat warranting denial of an "H" endorsement or that the applicant has received a waiver under 49 CFR1572.5 (d) and 1515.7.

4 4. If the U.S. transportation security administration notifies the department that a person poses a security threat according to the standards for a security threat assessment under 49 CFR 1572.5, and the U.S. transportation security administration issues an initial determination and threat assessment and immediate revocation, the department shall cancel the person’s license and remove the H endorsement from any subsequent license issued to the person. An H endorsement may be granted after removal upon reversal of the U.S. transportat ion security administration’s determination and verification of eligibility for the endorsement.

(Note) See s. 343.125 (4) (d), Stats., 49 CFR 1572.13.

c (c) A REAL ID non-compliant product may not be marked with the star or other symbol recognized by the

U.S. department of homeland security as indicating a REAL ID compliant product and shall include a legend indicating that the product is not valid for federal REAL ID purposes. A REAL ID non-compliant product shall be issued to an applicant who does not provide all documentation necessary for issuance of a REAL ID compliant product under sub. (2) (a), but who provides each of the following proofs to establish the person’s identity as a Wisconsin resident:

1 1. One or more facial images meeting the specifications of s. Trans 102.03 (2).

2 2. Proof of identity meeting the requirements of sub. (3) (a), (b), or (7).

3 3. Proof of date of birth document from the list in subs. (4) (a) or (b).

4 4. Proof of social security number meeting the requirements of sub. (6) (a), (b), or (c) or alternative proof for temporary U.S. residents meeting the requirements of sub. (6) (b) or (c).

5 5. Proof of residence and domicile meeting the requirements of sub. (5) (a) or (b).

6 6. Proof of legal name change meeting the requirements of subd. (3) (c) 1. or 2., if the person’s name differs from the name established under subd. 2. when establishing proof of identity.

7 7. Evidence of lawful legal presence in the United States meeting the requirements of sub. (4) (a), (b), or (d).

d (d) A REAL ID compliant product or a REAL ID non-compliant product may be issued as a receipt, temporary product, or probationary product if temporary or probationary issuance is required by law.

(Note): See s. 343.03 (3) (f) and (3m), Stats.

e (e) A person applying for a renewal, reissuance, reinstatement, or duplicate of a REAL ID non-compliant product shall submit satisfactory proof of identity as specified under sub. (3) (b).

f (f) 1. Any person applying for an original Wisconsin operator's license or identification card shall submit satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States, as specified under sub. (4).

2. The department may require a person applying for a reissuance, reinstatement, renewal, or duplicate operator's license or identification card to provide satisfactory proof of citizenship, legal permanent resident or conditional resident status of the United States, or legal presence in the United States to determine the person's eligibility for the operator's license or identification card.

g (g) A person shall provide proof of identity under sub. (3), legal presence under sub. (4), and residency under sub. (5), upon the first application for an original, renewal, reinstatement, or duplicate operator's license or identification card after any of the following have occurred:

8 8. An action which results in the department creating an AKA record in the person's driver file.

9 9. Cancellation of the person's license or identification card for altering a license or identification card, or cancellation for making a fraudulent or falsified application for a license or identification card, or cancellation for violation of s. 343.25 (1), (4), (5), or (6), Stats.

10 10. Suspension of the person's operator’s license under s. 343.34 (2), Stats.

11 11. Revocation or suspension of the person's operating privilege under s. 343.31 (2r), Stats.

12 12. Revocation of the person's operating privilege under s. 343.32 (1s), Stats.

13 13. Conviction for a violation of ss. 343.14 (5), 343.16 (7) (a) or (b), 343.19 (2), 343.43 (1), 343.50

(4) or (12), or 345.17, Stats.

14 14. The department has confiscated a document from the person for any of the reasons set forth in s. Trans 102.025.

h (h) A person shall not be required to provide the proof described in par. (a) 1. to 6. or (c) 1. to 6. if the person is applying without a personal appearance to reinstate a suspended license, revoked license, or identification card; renew a license subject to s. Trans 102.03 (2) and (5); or obtain a duplicate license or identification card, and all of the following are true:

1 1. The department possesses records of an acceptable photograph and facsimile signature for the person.

2 2. The person's name as shown on the license is unchanged.

3 3. The person is a Wisconsin resident.

3 (3) (a) The department may accept any of the following as proof of identity to support issuance of a REAL ID compliant product:

8 8. A U.S. passport.

9 9. Any of the following certified proofs of birth:

a a. For a person born in Wisconsin, a copy of the person's Wisconsin birth certificate issued and certified in accordance with s. 69.21, Stats.

b b. For a person born in another state or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, a certified copy of the person’s birth certificate or the equivalent document from the office or agency of the respective jurisdiction that is charged with issuance of official certificates of birth.

c c. A consular report of birth abroad issued by the U.S. department of state, Form FS–240, DS–1350 or FS– 545.

10 10. A permanent resident card (Form I–551) issued by the U.S. department of homeland security or the U.S. immigration and naturalization service.

11 11. An employment authorization document issued by the U.S. department of homeland security, Form I– 766 or I–688B.

12 12. A foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I–94 form documenting the applicant’s most recent admittance into the United States.

13 13. A certificate of naturalization issued by the U.S. department of homeland security, Form N–550 or Form N–570.

14 14. A certificate of citizenship, Form N–560 or Form N–561, issued by the U.S. department of homeland security.