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a. That the person is unable to provide proof of name and date of birth or proof
17of citizenship, legal permanent resident status, conditional resident status, or legal
18presence.
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b. That the documents are unavailable to the person.
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c. His or her name, date of birth, place of birth, and such other birth record
21information requested by the department, or the person's alien or U.S. citizenship
22and immigration service number or U.S. citizenship certificate number.
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2. Upon receiving a petition that meets the requirements under subd. 1., the
24department of transportation shall forward the petition to the central office of its
25division of motor vehicles for processing. The department of transportation shall
1provide the person's birth record information to the department of health services,
2for the sole purpose of verification by the department of health services of the
3person's birth certificate information or the equivalent document from another
4jurisdiction, other than a province of the Dominion of Canada, or to a federal agency
5for the sole purpose of verifying the person's certificate of birth abroad issued by the
6federal department of state, or of verifying the person's alien or U.S. citizenship and
7immigration service number or U.S. citizenship certificate number. The department
8of transportation shall open a file containing the petition and shall create therein a
9report with a dated record of events, including all communication to or with the
10applicant. The department of transportation may not complete processing of the
11application prior to receiving verification under this subdivision, except as provided
12in subd. 3.
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3. If the department does not receive verification under subd. 2. within 30 days
14or receives notice under subd. 2. that the birth information provided in the
15application does not match that of the birth record custodian, the department shall
16promptly notify the person in writing of that failure to verify and request the person
17contact the department within 10 days. If the person does not respond within 10
18days, the department shall send the person a 2nd letter with substantially similar
19contents. If the person does not respond to the 2nd letter within 10 days and the
20department knows the person's telephone number, the department shall call the
21person on the telephone and notify the person that the birth information was not
22verified and request the person provide additional information within 10 days. If 30
23days have elapsed since the date of the first letter sent under this subdivision without
24contact from the person, the department shall suspend the investigation and send
25written notice that the person has not responded, that the department has no further
1leads for it to locate or obtain secondary documentation or verification of birth
2information, that the department has suspended its investigation or research until
3such time as the person contacts the department, and that if within 180 days after
4the date of the written notice the person fails to contact the department the petition
5will be denied and no further identification card receipts will be issued under s.
6343.50 (1) (c) 2. If the person fails to contact the department within 180 days after
7the department suspends the investigation, the department shall deny the petition
8in writing and shall inform the person that the department will resume the
9investigation if the person contacts the department to discuss the petition.
10Whenever the applicant contacts the department to discuss the petition, the
11investigation under this subdivision shall begin anew, notwithstanding any prior
12denial due to the person's failure to timely respond. The applicant shall act in good
13faith and use reasonable efforts to provide additional information that could
14reasonably lead the department to discover correct birth information or secondary
15documentation as described in subd. 3g., to assist the department in processing the
16application. The department shall investigate the petition and any additional
17information provided under this subdivision with prompt and due diligence and shall
18use reasonable efforts to locate and obtain the secondary documentation by pursuing
19leads provided by the person. Investigations may only be completed within the
20division of motor vehicles' central office by employees whose regular job duties
21include investigation and fraud detection and prevention. If the investigation
22discovers new or corrected birth information, the department of transportation shall
23resubmit the new or corrected birth information to the department of health services
24for verification under subd. 2. The department of transportation shall pay any
1actual, necessary fees required by the record custodian to obtain the secondary
2documentation.
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3g. If the department of health services does not verify the birth record
4information within 30 days, the department of transportation may issue an
5identification card to the person only if the department of transportation receives
6verification under subd. 2., if the person provides proof of name and date of birth or
7proof of citizenship, legal permanent resident status, conditional resident status or
8legal presence, or if the department of transportation receives other secondary
9documentation acceptable to the department of transportation and deemed
10sufficient under subd. 3., which may include the following:
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a. Baptismal certificate.
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b. Hospital birth certificate.
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c. Delayed birth certificate.
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d. Census record.
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e. Early school record.
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f. Family Bible record.
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g. Doctor's record of post-natal care.
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h. Other documentation deemed acceptable to the department of
19transportation, within the department's reasonable discretion.
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4. In this paragraph, “proof of citizenship, legal permanent resident status,
21conditional resident status or legal presence” means any of the following:
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a. A U.S. state or local government issued certificate of birth.
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b. Valid U.S. passport.
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c. Valid foreign passport with appropriate immigration documents, which shall
25include or be accompanied by federal form I-94, arrival and departure record.
SB887,123,1
1d. Certificate of U.S. citizenship.
SB887,123,22
e. A U.S. Certificate of naturalization.
SB887,123,53
f. Valid department of homeland security/U.S. citizenship and immigration
4services federal form I-551, resident alien registration receipt card, issued since
51997.
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g. Valid department of homeland security/U.S. citizenship and immigration
7services federal form I-688, temporary resident identification card.
SB887,123,98
h. Valid department of homeland security/U.S. citizenship and immigration
9services federal form I-688B or I-766, employment authorization document.
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i. Valid department of homeland security/U.S. citizenship and immigration
11services federal form I-571, refugee travel document.
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j. Department of homeland security/U.S. citizenship and immigration services
13federal form I-797, notice of action.
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k. Department of homeland security/transportation security administration
15transportation worker identification credential.
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L. A U.S. department of state reception and placement program assurance
17form (refugee version), which shall include or be accompanied by federal form I-94,
18arrival and departure record.
SB887,123,2019
m. Documentary proof specified in s. 343.14 (2) (es), that is approved by the
20appropriate federal authority.
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5. In this paragraph, “proof of identity” means a supporting document
22identifying the person by name and bearing the person's signature, a reproduction
23of the person's signature, or a photograph of the person. Acceptable supporting
24documents include:
SB887,124,2
1a. A valid operator's license, including a license from another jurisdiction,
2except a province of the Dominion of Canada, bearing a photograph of the person.
SB887,124,33
b. Military discharge papers.
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c. A U.S. government and military dependent identification card.
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d. A valid photo identification card issued by Wisconsin or another jurisdiction,
6except a province of the Dominion of Canada, bearing a photograph of the person.
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e. A marriage certificate or certified copy of judgment of divorce.
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f. A social security card issued by the social security administration.
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g. Any document described under subd. 6., if it bears a photograph of the person
10and was not used as proof of name and date of birth.
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h. Department of homeland security/transportation security administration
12transportation worker identification credential.
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6. In this paragraph, “proof of name and date of birth” means any of the
14following:
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a. For a person born in Wisconsin, a copy of the person's Wisconsin birth
16certificate issued and certified in accordance with s. 69.21.
SB887,124,2017
b. For a person born in another jurisdiction, other than a province of the
18Dominion of Canada, a certified copy of his or her birth certificate or the equivalent
19document from that other jurisdiction or a certificate of birth abroad issued by the
20federal department of state.
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c. A U.S. passport.
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d. A valid, unexpired passport issued by a foreign country with federal I-551
23resident alien registration receipt card or federal I-94 arrival and departure record
24that bears a photograph of the person and identifies the person's first and last names,
25and the person's day, month, and year of birth.
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1e. A Wisconsin operator's license bearing a photograph of the person.
SB887,125,32
f. A Wisconsin identification card issued under s. 343.50, bearing a photograph
3of the person, other than an identification card issued under s. 343.50 (1) (c) 2.
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g. A federal I-551 “permanent resident alien registration receipt card."
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h. A federal I-94 “parole edition" or “refugees version" arrival-departure
6record, together with a certification, on the department's form, by the person, of the
7person's name and date of birth, a copy of a federal department of state refugee data
8center reception and placement program assurance form and a letter from the
9person's sponsoring agency on its letterhead, supporting the person's application for
10a Wisconsin identification card or operator's license and confirming the person's
11identification. Applicants who are unable to provide a reception and placement
12program assurance form may be issued a Wisconsin identification card or operator's
13license, but only after their identification has been confirmed by the U.S. citizenship
14and immigration services.
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i. A U.S. certificate of naturalization.
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j. A certificate of U.S. citizenship.
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k. A federal temporary resident card or employment authorization card, I-688,
18I-688A, I-688B, and I-766.
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L. A Native American identification card that is issued by a federally
20recognized tribe or a band of a federally recognized tribe, is issued in Wisconsin,
21includes a photograph and signature or reproduction of a signature of the person, and
22has been approved by the secretary for use as identification.
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m. A court order under seal related to the adoption or divorce of the individual
24or to a name or gender change that includes the person's current full legal name, date
25of birth, and, in the case of a name change or divorce order, the person's prior name.
SB887,126,2
1n. An armed forces of the U.S. common access card or DD Form 2 identification
2card issued to military personnel.
SB887,126,43
o. Department of homeland security/transportation security administration
4transportation worker identification credential.
SB887,126,65
7. In this paragraph, “unavailable" means that the applicant does not have the
6document and would be required to pay a government agency to obtain it.
SB887,126,117
(c) The administrator may delegate to the deputy administrator or to a bureau
8director, as described in s. 15.02 (3) (c) 2., whose regular responsibilities include
9driver licensing and identification card issuance, the authority to accept or reject
10such extraordinary proof of name, date of birth, or U.S. citizenship under this
11subsection.
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(e) The denial of a petition under par. (b) is subject to judicial review in the
13manner provided in ch. 227 for the review of administrative decisions.
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(f) If the administrator, or delegate described in par. (c), determines that an
15applicant has knowingly made a false statement or knowingly concealed a material
16fact or otherwise committed a fraud in an application, petition, or additional
17information, the department shall immediately suspend the investigation, shall
18notify the person in writing of the suspension and the reason for the suspension, and
19refer any suspected fraud to law enforcement.
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(g) A person whose petition is suspended or denied due to a failure to respond
21timely may revive the petition at any time by contacting the department to discuss
22the petition application. If a person revives a petition, the department shall
23immediately issue, and shall continue to reissue, an identification card receipt to the
24person as provided in s. 343.50 (1) (c) 2., except that the department shall first
25require the person to take a photograph if required under s. 343.50 (1) (c) 2.
SB887,127,4
1(h) The department shall grant a petition if the department concludes, on the
2basis of secondary documentation or other corroborating information, that it is more
3likely than not that the name, date of birth, and U.S. citizenship provided in the
4application is correct.
SB887,183
5Section 183
. 343.50 (1) (c) of the statutes is renumbered 343.50 (1) (c) 1. and
6amended to read:
SB887,127,137
343.50
(1) (c) 1. The department may issue a receipt to any applicant for an
8identification card,
and shall issue a receipt to an applicant requesting an
9identification card under sub. (5) (a) 3., which receipt shall constitute a temporary
10identification card while the application is being processed and shall be valid for a
11period not to exceed 60 days. If the application for an identification card is processed
12under the exception specified in s. 343.165 (7)
or (8), the receipt shall include the
13marking specified in sub. (3) (b).
SB887,184
14Section 184
. 343.50 (1) (c) 2. of the statutes is created to read:
SB887,127,1615
343.50
(1) (c) 2. If the department issues a receipt to an applicant petitioning
16the department under s. 343.165 (8), all of the following apply:
SB887,128,1117
a. The department shall issue the receipt not later than the 6th working day
18after the person made the petition and shall deliver the receipt by 1st class mail,
19except that if a petition is filed or revived within 7 days before or 2 days after a
20statewide election the department shall issue a receipt not later than 24 hours after
21the petition is filed or revived and shall deliver the receipt by overnight or next-day
22mail. The department shall issue a new receipt to the person not later than 10 days
23before the expiration date of the prior receipt, and having a date of issuance that is
24the same as the expiration date of the prior receipt. The department shall issue no
25receipt to a person after the denial of a petition under s. 343.165 (8), unless the person
1revives an investigation. The department shall continue to reissue identification
2card receipts to a person unless the department cancels the identification card
3receipt upon the circumstances specified in sub. (10), upon the issuance of an
4operator's license or identification card to the person, upon the person's request,
5upon the denial of the application, upon return to the department of a receipt as
6nondeliverable, upon the person's failure to contact the department to discuss the
7petition for a period of 180 days or more, or whenever the department receives
8information that prohibits issuance of an identification card under sub. (1) (c). The
9department shall require the person to take a photograph prior to reissuing an
10identification card receipt if the photograph of the person on file with the department
11is 8 or more years old.
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b. An identification card receipt issued under this subdivision shall constitute
13a temporary identification card while the application is being processed under s.
14343.165 (8) and shall be valid for a period not to exceed the period specified in sub.
15(1) (c). The department shall clearly mark the receipt “FOR VOTING PURPOSES
16ONLY" as validated for use for voting as provided in ss. 5.02 (6m) (d) and 6.79 (2) (a).
17A receipt issued under this subsection shall contain the information specified under
18s. 343.17 (3), including the date of issuance, the expiration date, the name and
19signature of the person to whom it was issued, and, except as authorized in sub. (4g),
20a photograph of the individual to whom it was issued, and may contain such further
21information as the department deems necessary.
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c. The department shall issue a replacement identification card receipt under
23subd 1. a. upon request of the person to whom it is issued if the receipt is lost or
24destroyed.
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1d. Notwithstanding subd. 2. a., the department shall cancel or refuse to issue
2an identification card receipt under this subsection upon the circumstances specified
3in sub. (10), upon the issuance of an operator's license or identification card to the
4person, upon the person's request, upon the denial of the application, upon return to
5the department of a receipt as nondeliverable, or whenever the department receives
6information that prohibits issuance of an identification card under subd. 1.
SB887,129,137
e. Whenever any person, after receiving an identification card receipt under
8this subdivision, moves from the address named in the application or in the receipt
9issued to him or her or is notified by the local authorities or by the postal authorities
10that the address so named has been changed, the person shall, within 30 days, notify
11the department of his or her change of address. Upon receiving a notice of change of
12address, the department shall promptly issue a new receipt under subd. 2. a. showing
13the correct address and having the expiration date of the prior receipt.
SB887,185
14Section 185
. 343.50 (3) (b) of the statutes is amended to read:
SB887,129,1815
343.50
(3) (b) If an identification card is issued based upon the exception
16specified in s. 343.165 (7)
or (8), the card shall, in addition to any other required
17legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a
18marking similar or identical to the marking described in s. 343.03 (3r).
SB887,186
19Section 186
. 343.50 (3) (c) of the statutes is created to read:
SB887,130,520
343.50
(3) (c) 1. Notwithstanding par. (a), the department may issue an
21identification card bearing a name other than the name that appears on a supporting
22document if the person provides evidence acceptable to the department that the
23person has used the name in a manner that qualifies the name as being legally
24changed under the common law of Wisconsin, including evidence of the person's prior
25name, changed name, the length of time the person has consistently and
1continuously used the changed name, an affirmation that the person no longer uses
2the prior name, and an affirmation that the person did not change his or her name
3for a dishonest or fraudulent purpose or to the injury of any other person. The
4department shall mark an identification card issued under this subdivision in the
5manner described in s. 343.03 (3r).
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2. Notwithstanding par. (a), the department shall approve a name change
7requested by a person who cannot provide supporting documentation of a lawful
8change of name but who does one of the following:
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a. Provides proof of identity in the new name, and the department receives from
10the federal social security administration evidence or confirmation of the name
11change.
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b. Applies for an identification card and provides an affidavit declaring all facts
13required under subd. 1. to prove a name change under the common law of Wisconsin.
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601.83
(1) (a)
Subject to par. (b), the The commissioner shall administer a
17state-based reinsurance program known as the healthcare stability plan
in
18accordance with the specific terms and conditions approved by the federal
19department of health and human services dated July 29, 2018. Before December 31,
202023, the commissioner may not request from the federal department of health and
21human services a modification, suspension, withdrawal, or termination of the waiver
22under 42 USC 18052 under which the healthcare stability plan under this
23subchapter operates unless legislation has been enacted specifically directing the
24modification, suspension, withdrawal, or termination. Before December 31, 2023,
25the commissioner may request renewal, without substantive change, of the waiver
1under 42 USC 18052 under which the health care stability plan operates in
2accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to
3such a renewal request. The commissioner shall comply with applicable timing in
4and requirements of s. 20.940.
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601.83
(1) (g) The commissioner may promulgate any rules necessary to
10implement the healthcare stability plan under this section, except that any rules
11promulgated under this paragraph shall seek to maximize federal funding for the
12healthcare stability plan
and shall comply with this section and with the approval
13by the federal department of health and human services dated July 29, 2018. The
14commissioner may promulgate rules necessary to implement this section as
15emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the
16commissioner is not required to provide evidence that promulgating a rule under this
17paragraph as an emergency rule is necessary for the preservation of the public peace,
18health, safety, or welfare and is not required to provide a finding of emergency for a
19rule promulgated under this paragraph.
An emergency rule promulgated by the
20commissioner under this paragraph before January 1, 2019, remains in effect until
21it is superseded by a subsequent permanent rule.
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601.83
(1) (h) In 2019 and in each subsequent year, the commissioner may
25expend no more than $200,000,000 from all revenue sources for the healthcare
1stability plan under this section, unless the joint committee on finance under s. 13.10
2has increased this amount upon request by the commissioner.
The commissioner
3shall ensure that sufficient funds are available for the healthcare stability plan
4under this section to operate as described in the approval of the federal department
5of health and human services dated July 29, 2018.
SB887,191
6Section 191
. 601.83 (1) (i) of the statutes is created to read:
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601.83
(1) (i) The commissioner shall complete and submit any reports, provide
8any information, and participate in any oversight activities required by the federal
9department of health and human services to implement and maintain the healthcare
10stability plan under this subchapter.
SB887,193
13Section 193
. 801.50 (3) (b) of the statutes is amended to read:
SB887,132,1514
801.50
(3) (b) All actions relating to the validity or invalidly of a rule
or
15guidance document shall be venued as provided in s. 227.40 (1).
SB887,194
16Section
194. 803.09 (2m) of the statutes is created to read:
SB887,132,2217
803.09
(2m) When a party to an action challenges in state or federal court the
18constitutionality of a statute, facially or as applied, or challenges a statute as
19violating or preempted by federal law, as part of a claim or affirmative defense, the
20assembly, the senate, and the state legislature may intervene at any time in the
21action as a matter of right by serving a motion upon the parties as provided in s.
22801.14.