CR 23-042 Rule Text

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.

15 15. A REAL ID driver license or identification card issued in compliance with 6 CFR 37.

16 16. Such other documents as the U.S. department of homeland security may designate by notice published in the federal register pursuant to 6 CFR 37.11 (c) (1) (x).

(Note) 6 C.F.R. 37.11 (c)

b (b) Any one of the following may be accepted as proof of identity to support issuance of a REAL ID non- compliant product:

1 1. Any document that is acceptable as proof of identity under par. (a).

2 2. Unless a passport is required under this chapter, the department shall accept a U.S. passport that is expired for no more than 5 years for purposes of meeting this requirement.

3 3. A Wisconsin REAL ID non-compliant operator's license bearing a photograph of the person.

4 4. A Wisconsin REAL ID non-compliant identification card issued under s. 343.50, Stats., bearing a photograph of the person, other than an identification card issued under s. 343.165 (8), Stats.

5 5. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, of the person's name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form, and a letter from the person's sponsoring agency on the agency’s letterhead, supporting the person's application for a Wisconsin identification card or driver license and confirming the person's identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a Wisconsin identification card or driver license after the person’s identification has been confirmed by the U.S. citizenship and immigration services.

6 6. A federal temporary resident card or employment authorization card, Form I-688, I-688A, I-688B, or I- 766.

7 7. An American Indian identification card meeting all of the following requirements:

a a. Issued by a federally recognized tribe or a band of a federally recognized tribe.

b b. Issued in Wisconsin.

c c. Includes a photograph and signature or reproduction of a signature of the person.

d d. Has been approved by the secretary for use as identification.