343.165 Processing license and identification card applications.
(1) Subject to ss. 343.14 (3m) and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:
(a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.
(b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a).
(c) Proof of the applicant's social security number or, except as provided in s. 343.14 (2g) (a) 4., verification that the applicant is not eligible for a social security number.
(d) Documentation showing the applicant's name and address of principal residence.
(e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., the documentary proof described in s. 343.14 (2) (es).
(2)
(a) Subject to sub. (7), the department shall, in processing any application for an operator's license or identification card under sub. (1), capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50 (8) (a).
(b) Subject to sub. (7), the department shall record in the applicant's file under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3) is completed.
(3)
(a) Except as provided in pars. (b) and (c) and subject to sub. (7), the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under sub. (1).
(b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1).
(c) For purposes of par. (a) and sub. (1) (c), if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.
(4)
(a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card if in connection with a prior application the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).
(b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in par. (a). The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.
(c) Notwithstanding pars. (a) and (b), no operator's license displaying the legend required under s. 343.03 (3m) or identification card displaying the legend required under s. 343.50 (3) (a) may be renewed unless the applicant presents or provides valid documentary proof under sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.
(d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (c) at other than an 8-year interval, the department may determine whether the applicant's photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant's photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant's license or identification card at all times includes a photograph unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.
(5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.
(6) During the period in which the department processes an application under this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c).
(7)
(a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:
1. The operator's license contains the marking specified in s. 343.03 (3r) or the identification card contains the marking specified in s. 343.50 (3) (b).
2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect on December 31, 2012.
(b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after January 1, 2013, of operator's licenses or identification cards originally issued prior to January 1, 2013.
(8) Notwithstanding subs. (1) to (4), for an applicant requesting that an identification card be provided without charge for purposes of voting, all of the following apply:
(a) Except as provided in par. (b), if a person is unable to provide proof of name and date of birth, and the documents are unavailable to the person, the person may make a written petition to the department for an exception to the requirements of sub. (1) (a) or (b). The application shall include proof of identity and all of the following:
1. A certification of the person's name, date of birth, and current residence street address on the department's form.
2. An explanation of the circumstances by which the person is unable to provide proof of name and date of birth.
3. Whatever documentation is available that states the person's name and date of birth.
(b)
1. If a person applies for and requests an identification card without charge for the purposes of voting and the person's proof of name and date of birth or of proof of citizenship, legal permanent resident status, conditional resident status, or legal presence is unavailable, the person may make a written petition to the department for an exception to the requirement for which proof is unavailable. The department shall provide appropriate translation for any person who is unable to read or understand the petition process instructions and related communications under this subsection or s. 343.50 (1) (c) 2. The petition shall include the person's statement under oath or affirmation of all of the following:
a. That the person is unable to provide proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status, or legal presence.
b. That the documents are unavailable to the person.
c. His or her name, date of birth, place of birth, and such other birth record information requested by the department, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
2. Upon receiving a petition that meets the requirements under subd. 1., the department of transportation shall forward the petition to the central office of its division of motor vehicles for processing. The department of transportation shall provide the person's birth record information to the department of health services, for the sole purpose of verification by the department of health services of the person's birth certificate information or the equivalent document from another jurisdiction, other than a province of the Dominion of Canada, or to a federal agency for the sole purpose of verifying the person's certificate of birth abroad issued by the federal department of state, or of verifying the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number. The department of transportation shall open a file containing the petition and shall create therein a report with a dated record of events, including all communication to or with the applicant. The department of transportation may not complete processing of the application prior to receiving verification under this subdivision, except as provided in subd. 3.
3. If the department does not receive verification under subd. 2. within 30 days or receives notice under subd. 2. that the birth information provided in the application does not match that of the birth record custodian, the department shall promptly notify the person in writing of that failure to verify and request the person contact the department within 10 days. If the person does not respond within 10 days, the department shall send the person a 2nd letter with substantially similar contents. If the person does not respond to the 2nd letter within 10 days and the department knows the person's telephone number, the department shall call the person on the telephone and notify the person that the birth information was not verified and request the person provide additional information within 10 days. If 30 days have elapsed since the date of the first letter sent under this subdivision without contact from the person, the department shall suspend the investigation and send written notice that the person has not responded, that the department has no further leads for it to locate or obtain secondary documentation or verification of birth information, that the department has suspended its investigation or research until such time as the person contacts the department, and that if within 180 days after the date of the written notice the person fails to contact the department the petition will be denied and no further identification card receipts will be issued under s. 343.50 (1) (c) 2. If the person fails to contact the department within 180 days after the department suspends the investigation, the department shall deny the petition in writing and shall inform the person that the department will resume the investigation if the person contacts the department to discuss the petition. Whenever the applicant contacts the department to discuss the petition, the investigation under this subdivision shall begin anew, notwithstanding any prior denial due to the person's failure to timely respond. The applicant shall act in good faith and use reasonable efforts to provide additional information that could reasonably lead the department to discover correct birth information or secondary documentation as described in subd. 3g., to assist the department in processing the application. The department shall investigate the petition and any additional information provided under this subdivision with prompt and due diligence and shall use reasonable efforts to locate and obtain the secondary documentation by pursuing leads provided by the person. Investigations may only be completed within the division of motor vehicles' central office by employees whose regular job duties include investigation and fraud detection and prevention. If the investigation discovers new or corrected birth information, the department of transportation shall resubmit the new or corrected birth information to the department of health services for verification under subd. 2. The department of transportation shall pay any actual, necessary fees required by the record custodian to obtain the secondary documentation.
3g. If the department of health services does not verify the birth record information within 30 days, the department of transportation may issue an identification card to the person only if the department of transportation receives verification under subd. 2., if the person provides proof of name and date of birth or proof of citizenship, legal permanent resident status, conditional resident status or legal presence, or if the department of transportation receives other secondary documentation acceptable to the department of transportation and deemed sufficient under subd. 3., which may include the following:
a. Baptismal certificate.
b. Hospital birth certificate.
c. Delayed birth certificate.
d. Census record.
e. Early school record.
f. Family Bible record.
g. Doctor's record of post-natal care.
h. Other documentation deemed acceptable to the department of transportation, within the department's reasonable discretion.
4. In this paragraph, “ proof of citizenship, legal permanent resident status, conditional resident status or legal presence” means any of the following:
a. A U.S. state or local government issued certificate of birth.
b. Valid U.S. passport.
c. Valid foreign passport with appropriate immigration documents, which shall include or be accompanied by federal form I-94, arrival and departure record.
d. Certificate of U.S. citizenship.
e. A U.S. Certificate of naturalization.
f. Valid department of homeland security/U.S. citizenship and immigration services federal form I-551, resident alien registration receipt card, issued since 1997.
g. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688, temporary resident identification card.
h. Valid department of homeland security/U.S. citizenship and immigration services federal form I-688B or I-766, employment authorization document.
i. Valid department of homeland security/U.S. citizenship and immigration services federal form I-571, refugee travel document.
j. Department of homeland security/U.S. citizenship and immigration services federal form I-797, notice of action.
k. Department of homeland security/transportation security administration transportation worker identification credential.
L. A U.S. department of state reception and placement program assurance form (refugee version), which shall include or be accompanied by federal form I-94, arrival and departure record.
m. Documentary proof specified in s. 343.14 (2) (es), that is approved by the appropriate federal authority.
5. In this paragraph, “ proof of identity” means a supporting document identifying the person by name and bearing the person's signature, a reproduction of the person's signature, or a photograph of the person. Acceptable supporting documents include:
a. A valid operator's license, including a license from another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person.
b. Military discharge papers.
c. A U.S. government and military dependent identification card.
d. A valid photo identification card issued by Wisconsin or another jurisdiction, except a province of the Dominion of Canada, bearing a photograph of the person.
e. A marriage certificate or certified copy of judgment of divorce.
f. A social security card issued by the social security administration.
g. Any document described under subd. 6., if it bears a photograph of the person and was not used as proof of name and date of birth.
h. Department of homeland security/transportation security administration transportation worker identification credential.
6. In this paragraph, “proof of name and date of birth” means any of the following:
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.
b. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of his or her birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the federal department of state.
c. A U.S. passport.
d. A valid, unexpired passport issued by a foreign country with federal I-551 resident alien registration receipt card or federal I-94 arrival and departure record that bears a photograph of the person and identifies the person's first and last names, and the person's day, month, and year of birth.
e. A Wisconsin operator's license bearing a photograph of the person.
f. A Wisconsin identification card issued under s. 343.50, bearing a photograph of the person, other than an identification card issued under s. 343.50 (1) (c) 2.
g. A federal I-551 “permanent resident alien registration receipt card."
h. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, by the person, of the person's name and date of birth, a copy of a federal department of state refugee data center reception and placement program assurance form and a letter from the person's sponsoring agency on its letterhead, supporting the person's application for a Wisconsin identification card or operator's 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 operator's license, but only after their identification has been confirmed by the U.S. citizenship and immigration services.
i. A U.S. certificate of naturalization.
j. A certificate of U.S. citizenship.
k. A federal temporary resident card or employment authorization card, I-688, I-688A, I-688B, and I-766.
L. A Native American identification card that is issued by a federally recognized tribe or a band of a federally recognized tribe, is issued in Wisconsin, includes a photograph and signature or reproduction of a signature of the person, and has been approved by the secretary for use as identification.
m. A court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person's current full legal name, date of birth, and, in the case of a name change or divorce order, the person's prior name.
n. An armed forces of the U.S. common access card or DD Form 2 identification card issued to military personnel.
o. Department of homeland security/transportation security administration transportation worker identification credential.
7. In this paragraph, “ unavailable" means that the applicant does not have the document and would be required to pay a government agency to obtain it.
(c) The administrator may delegate to the deputy administrator or to a bureau director, as described in s. 15.02 (3) (c) 2., whose regular responsibilities include driver licensing and identification card issuance, the authority to accept or reject such extraordinary proof of name, date of birth, or U.S. citizenship under this subsection.
(e) The denial of a petition under par. (b) is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.
(f) If the administrator, or delegate described in par. (c), determines that an applicant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application, petition, or additional information, the department shall immediately suspend the investigation, shall notify the person in writing of the suspension and the reason for the suspension, and refer any suspected fraud to law enforcement.
(g) A person whose petition is suspended or denied due to a failure to respond timely may revive the petition at any time by contacting the department to discuss the petition application. If a person revives a petition, the department shall immediately issue, and shall continue to reissue, an identification card receipt to the person as provided in s. 343.50 (1) (c) 2., except that the department shall first require the person to take a photograph if required under s. 343.50 (1) (c) 2.
(h) The department shall grant a petition if the department concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth, and U.S. citizenship provided in the application is correct.
History: 2007 a. 20; 2011 a. 23, 32; 2015 a. 193, 197; 2017 a. 365, 369.
Who are you? Prove it! The Federal REAL ID Act and Its Fate in Wisconsin. Gary. Wis. Law. Aug. 2008.