CR 23-042 Rule Text

(Note) See s. 343.165 (4) (a), Stats., 6 CFR 37.25 (a) (2).

g (g) The department may require any person who has previously provided satisfactory proof of U.S. citizenship to provide proof of citizenship or legal presence in the United States when renewing or reissuing a REAL ID non-compliant product issued before January 1, 2013. The department shall require any person who has not provided satisfactory proof of U.S. citizenship for a REAL ID non-compliant product issued before January 1, 2013, to provide proof of the person’s legal permanent resident or conditional resident status of the United States, or legal presence in the United States as specified in s. Trans 102.15 (4) when renewing or reissuing a REAL ID non-compliant product. The department shall require all applicants to provide a social security number or the proof specified in s. 343.14(2)(br), Stats., when renewing or reissuing a REAL ID non-compliant product issued before January 1, 2013.

9 (9) The department may issue a license online without requiring a person to appear at a DMV customer service center to a person who holds an instruction permit or a regular license, and who is exempt from any driving test requirement to obtain a regular license or class added to an existing license, except a commercial driver license. The license produced shall use the last photograph the department has on file for the person.

SECTION 33. Trans 102.145 is created to read:

Trans 102.145 Requirement to obtain driver license in Wisconsin.

Trans 102.145 (1) A person, unless exempt by s. 343.05 (4), Stats., establishing residency in this state and who holds an operator’s license issued in another jurisdiction must obtain a Wisconsin operator’s license within 60 days of establishing residency unless the person holds a commercial driver license in another

U.S. jurisdiction, in which case the person must obtain a commercial driver license issued by the department within 30 days of establishing Wisconsin residency.

(Note) Commercial drivers are required to transfer their CDL within 30 days of moving between states by federal law. 49 CFR 383.71 (c), 384.212 (b). Persons moving from Canada, Mexico, U.S. territories, or other countries are subject to the 60-day rule under sub. (1).

2 (2) No person is required to have resided in Wisconsin for a minimum amount of time to be eligible for a Wisconsin product.

SECTION 34. Trans 102.15 is repealed and recreated to read:

Trans 102.15 Identification requirements for products.

1 (1) (a) The department may not issue a product to a person who does not meet any of the conformance level requirements of this section, except as provided in s. 343.165 (8) (a), (b), or (h), Stats.

(b) In this section, “unavailable" does not include a document that an applicant has forgotten to bring with them when applying for a driver license or identification card, nor does it include a lost or destroyed document if a replacement original or a certified copy of the document is available to the person upon proper request.

2 (2) (a) REAL ID compliant products shall be marked with a star or other symbol recognized by the department of homeland security. A REAL ID compliant product may only be issued if all of the following documentation is submitted and verified in conformance with federal law:

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

2 2. Proof of identity meeting the requirements of sub. (3) (a).

_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.