Section 19. Specifies the format requirements for Wisconsin REAL ID compliant and non-compliant products. DHS directs states to indicate compliance with federal REAL ID requirements by adding a star to the product. This repealed and recreated section compliments ss. 343.17 and 343.50, Stats., and describes security features now found on Wisconsin driver license and ID cards. Federal law prohibits the department from disclosing the exact nature of security features implemented for use on products. See 49 CFR 15 and 1520 and 6 CFR 37.15 (b). Section 343.03 (3), Stats., requires legends indicating whether a license is a regular, commercial driver, motorcycle only, special restricted, occupational, or probationary license. Sections 343.03 (3m) and 343.50 (3) (a), Stats., require legends apply to “Class D” or “M” licenses or IDs issued to a person who has temporary legal status in the United States indicating that the license is for a limited term. Section 343.03 (3m), Stats., requires commercial driver licenses (CDL) issued to such persons bear the legend “Nondomiciled.” This CDL requirement stems from federal requirements of 49 CFR 383.153 (c). This section allows federal judges and victims of domestic violence to use an address other than their home address on their driver license. Federal judges may use their courthouse address under Federal Court Security Improvement Act of 2007, P.L. 110-177; 121 Stat. 2543; 49 USC 30301, note. Victims of domestic violence may use the Wisconsin Department of Justice’s “Safe at Home” program established under s. 165.86, Stats., which forwards mail sent to a common program post office address, in lieu of a physical address, out to individuals who are enrolled in the program. The alternate addresses used by these persons are acceptable for federal REAL ID issuance purposes, 6 CFR 37.17 (f) (2). Such persons protected under either federal law may apply to the Wisconsin Department of Justice to participate in the Safe at Home program and to protect their physical address from disclosure. Section 20. Amends a title.
Section 21. Describes CDL issuance and driver record checks for CDL issuance. Under s. 343.06 (2), Stats., the department may not issue a CDL, including a renewal or reinstated license, or reinstate a person's authorization to operate a commercial motor vehicle in any of the following circumstances:
During any period of disqualification under s. 343.315, Stats., or 49 CFR 383.51, under the law of another jurisdiction, the person is disqualified from operating a commercial motor vehicle under circumstances similar to those specified in s. 343.315, Stats., or 49 CFR 383.51.
The Federal Motor Carrier Safety Administration (FMCSA) determines that the person is no longer qualified to operate a commercial motor vehicle under 49 CFR 391.
The person’s operating privilege is revoked, suspended, or canceled.The department currently uses the Problem Driver Pointer System (PDPS) or the State Pointer Exchange Service (SPES), or both, to access the National Driver Registry. If PDPS is inoperable, the National Driver Registry will be inaccessible to the department. Therefore, the department will not be able to issue any type of license when the PDPS system is inoperable. Similarly, if SPES is inoperable, the department will be unable to issue a product.
49 USC 31311 prohibits states from issuing a CDL to any person who is disqualified from operating a commercial motor vehicle or to any person whose driver license is revoked, suspended, or canceled. Section 343.06 (1) (b), Stats., prohibits the department from issuing any license, except an occupational license, to a person who is subject to suspension or revocation. Those requirements mandate that DMV check a person’s license status upon renewal or when the applicant moves from out of state to Wisconsin. The amendments to s. Trans 102.07 reflect current department practices used to comply with federal and state record-check mandates. Section 22. Renumbers subsections of current s. Trans 102.09 to s. Trans 102.03 for improved readability. This section allows the department to determine whether a product photo needs to be retaken if the photograph is indistinguishable, unclear, incomplete, shows a temporary disfigurement that no longer exists, or if the department’s copy of the photograph becomes lost or destroyed. A retake under these requirements will be taken free of charge. If the person requests a retake and the department determines the photo meets the standard for inclusion on a product, the person must apply for a duplicate product and pay the associated fee. Section 23. Repeals an obsolete provision.
Section 24. Requires persons who are notified by the department that their photo needs to be retaken to comply within 30 days of notification. If the person fails to comply, their driver license or ID card will be cancelled.
Section 25. Repeals a duplicative provision.
Section 26. Repeals and recreates the section title to reflect the amended section content. Section Trans 102.11 deals with DMV licensing fees and proration of fees. This rule repeals existing provisions allowing for manual calculation of fees if DMV computer systems are not functioning. Section 27. Clarifies a title and introduction.
Section 28. Repeals an obsolete provision. Section Trans 102.11 (2) allows DMV to manually calculate fees if DMV’s computer systems are not functioning. DMV is no longer capable of issuing a driver license or ID card if its computer systems are down. Fees for licenses are prorated if the department issues a license document; fees for ID cards are never prorated, ss. 343.50 (5) (a) 1., and 343.50 (5m), Stats. The recreated rule reflects the department’s current practice of not charging for ID cards issued for voting. Reviving an expired time-dependent restriction results in issuance of a duplicate license subject to the fees laid out in this section. Section 29. Repeals an obsolete note.
Section 30. Clarifies when the department will waive fees for reissuing a license. Existing s. Trans 102.14 (6) is renumbered s. Trans 102.11 (3) and continues to provide that DMV does not charge a fee to replace a defective product or to correct a department error. DMV will reissue a license to “Class D” and “M” without charge to add or remove a restriction, such as an eyeglass restriction. CDL holders, on the other hand, may be charged for changes affecting their commercial motor vehicle operating privilege. Section Trans 102.11 (4) reflects the statutory mandate that DMV charges a duplicate license issuance fee to a CDL holder whose commercial motor vehicle operating privilege is amended by the addition or removal of a “K” or “L” license restriction. For example, a CDL holder who does not have authorization to operate air brake equipped vehicles on a current license (“L” restriction), passes all examinations required for removal of that restriction, and seeks to have that air-brake restriction removed from their CDL will pay a reissuance fee when the new license is generated. Similarly, a driver whose license is restricted to intrastate operation only (“K” restriction) may qualify for interstate operation but will have to pay a fee when the driver license is reissued. See s. 343.21 (1) (g) and (h), Stats. This section supplements and interprets the fee provisions of s. 343.21, Stats., and does not repeat the substantive provisions of that section. See s. 343.20 (1) (a), Stats., regarding the department's authority to prorate license fees. See s. 343.21 (1) (e) and (L), Stats., for the fees associated with adding an endorsement to a license. Fees for ID cards of all types are set in s. 343.50 (5) (a), (5m), and (7), Stats. Section 31. Describes the issuance process for license and ID products and consolidates various provisions. This process is greatly changed from the past. In the 1920s, when DMV first began issuing driver licenses, license applications and documents were mailed from a central location to the licensed driver. Overtime, licensing procedures and testing requirements shifted to in-person issuance at DMV customer service centers. States are now discouraged from issuing products at myriad sites under federal REAL ID issuance regulations. Instead, a secure license issuance system is used to prevent card stock and identity theft, including mailing the product document to the applicant and marking these letters as non-forwardable. This helps ensure the applicant actually resides at the address reported to the department. If the person does not live at the reported address, the mailed license document may not be delivered and may not reach the person.
Proof of identity establishes the person’s full legal name in accordance with s. 343.14 (2) (a), Stats. This rule also states that if DMV computer systems or equipment are not functioning, DMV is unable to issue a license or ID to a person. The modern licensing systems requires computer coordination between DMV’s computer system and state and federal agency computer systems and various other systems such as PDPS, Commercial Driver License Information System, SPES, Social Security Online Verification system, and the Systematic Alien Verification for Entitlements system. Failures in any of the systems used to enter or verify data, or in communication links between systems, may result in the department being unable to take an application or issue a product to a customer while at a customer service center.
This rule also states DMV will not issue a license to an applicant if their driver information cannot be verified or is false. If DMV issues a temporary product, it will not issue a permanent product to that person until the issue that led to the temporary product issuance is resolved.
The revision repeals s. Trans 102.14 (1m) because DMV now mails all driver licenses and ID cards, excluding temporary products, to recipients. This provision allowed DMV to mail certain products in situations where over-the-counter delivery was not appropriate or impossible. With the elimination of on-site product delivery, the provision is unnecessary. This section codifies the current DMV practice of issuing a temporary product to a driver license or ID card applicant, including an applicant for a free ID card for purposes of voting. The product is valid between the date of application and the date the permanent mailed product is delivered to the person, or, if the person turns out to be ineligible for the product, the date that determination is made.
In general, products issued to persons with temporary legal presence in the United States expire no later than the date the person’s legal status expires. If a temporary resident’s legal presence is extended, a duplicate product may be issued for the extended period of legal presence. DHS has issued guidance to states to reconcile the provisions of the federal REAL ID Act of 2005 and that agency’s regulations with the compacts of free association between the United States and the Federated States of Micronesia, Palau, and the Marshall Islands. Most nationals of those countries can freely enter the United States as long as they have a valid passport without the need for a visa. They are permitted to stay and work in the United States indefinitely and are not required to hold a work authorization document. This provision recognizes the DHS guidance and the superiority of U.S. foreign treaties over statutory and regulatory laws, 8 CFR 274a.2 (b) (1) (v) (A) (6) and 274a.12 (a) (8). This section also describes special circumstances where the contents of a product may differ from the average product. For example, non-CDL drivers whose legal status in the United States is temporary, such as international students, will have “limited term” printed on their license or ID, see s. 343.03 (3m), Stats. CDL licenses will use a different term, “non-domiciled,” as required by federal law, see s. 343.03 (3m), Stats., 49 CFR 383.5, and 383.23 (b) (1) and (2). Diacritical marks such as umlauts, tildes, or acute accents are not part of a product name under this rule. Names such as “Klärr,” “Muñoz,” or “García” will be shown as “Klarr,” Munoz,” and “Garcia.” This translation system has been used by the department for decades and the rule simply codifies the practice. Names outside the Latin alphabet, such as Chinese, Korean, and Arabic names are commonly phoneticized.
The rule governs issuance of temporary extension cards for driver licenses being renewed. This rulemaking allows an extension of a license for a driver seeking to renew a license when additional processing time is needed. Temporary extension cards for purposes of a person passing an examination are specifically authorized by s. 343.16 (6) (b), Stats. The department issues temporary extension cards for the other purposes pursuant to its administrative authority set forth in s. 343.02 (1), Stats. A person who lacks required documentation or evidence for a REAL ID can receive a time extension to acquire the documentation. Similarly, a veteran may be given time to sort out veteran qualifications with the Department of Veteran Affairs or a county veteran association. Additional time may be granted when DMV requires an examination prior to licensing, for example, when a medical condition affects the driver or when computer systems or other problems present DMV from processing the person’s application promptly. A temporary extension allows the person to drive for 60 days.
This rulemaking allows DMV to renew or issue a product issued before 2013 without verifying the authenticity of documents supporting the application, provided the document issued does not include the star indicating that the product is a REAL ID, is not a CDL, and the applicant provides evidence of the person’s legal presence in the United States.
This section allows DMV to issue products without requiring customers appear in person at a DMV customer service center. In general, if the information on a product will not be changed, DMV may renew the product online. If the person’s name, date or place of birth, SSN, sex, hair or eye color, height, weight, driver license or ID card number, vehicle classes authorized, or license endorsement changes, the person must appear at a DMV customer service center. If that person’s name has changed since the department last issued a product to that person, the new name may be used on a renewal REAL ID non-compliant product, and the document issued may bear the signature and photograph used on the last product issued to that person by the department. The person may apply for issuance of a replacement product at any time to update the photograph and signature or to obtain a REAL ID compliant product. They also may be required to appear if other regulations, such as CDL requirements, require a photograph be taken.
This rulemaking provides opportunities for DMV to reduce in-person visits to DMV customer service centers in the future. For example, if motorcycle rider course waivers are eventually electronically reported to the department, DMV would be able to reissue an applicant’s license showing the “Class M” and “D” authorization.
The department is electing not to require verification of all documents provided by the person as permitted by s. 343.165 (5), Stats. Nothing shall prevent the department from verifying information or documents.
Section 32. Creates requirements for persons moving from out of state to Wisconsin who should obtain a Wisconsin driver license. Consistent with 49 CFR 383.71 (c) and 384.212 (b), persons from other states or Washington D.C. who hold CDL licenses have only 30 days to obtain a Wisconsin CDL after moving to this state. CDL holders moving from Mexico, Canada, or U.S. territories to Wisconsin and all “Class D” and “M” drivers are allowed 60 days to obtain a Wisconsin license. See s. 343.01 (2) (g), Stats., regarding establishing residency for driver licensing purposes. This chapter constitutes the department’s administrative interpretation of ss. 343.01 (2) (g) and 343.05, Stats., and is intended to be interpreted consistently with those sections of state law and relevant portions of 49 CFR parts 383 and 384. Section 33. Interprets state statutes that require the department to identify a product applicant prior to product issuance. The amount of proof required depends on the type of product being issued. Proof of identity establishes the person’s full legal name in accordance with s. 343.14 (2) (a), Stats. Applicants for driver licenses or ID cards meeting federal REAL ID requirements must provide proof consistent with the requirements of federal and state law for issuance of REAL ID compliant products. 6 CFR 37.3 and 37.11 (c) (1) (ii) allow Wisconsin to accept birth certificates from select territories, states, and places specified. Persons born in other U.S. territories need to obtain proof of identity other than a birth certificate. Neither a hospital birth certificate, a notification of birth registration, nor baptismal certificate satisfies this requirement. Effective November 1, 1986, s. 69.24 (1) (a), Stats., prohibits Wisconsin hospitals from issuing a document which appears to be a birth certificate. Persons who seek REAL ID non-compliant only need to provide proofs of identity required under state law. Under this proposed rulemaking, DMV will permit an applicant to obtain a REAL ID non-compliant product if the person requests DMV not to issue them a REAL ID, even if the person submitted all proof required for a REAL ID compliant product. Generally, documents must be valid and unexpired to be accepted by the department. For the limited purpose of proving identity for a REAL ID non-compliant product that does not meet federal REAL ID standards, the department will accept a U.S. passport that is expired 5 years or less. This is the same length of time the U.S. federal government will generally allow an expired passport to be renewed. The department will only accept the documents set out in the rule. However, this rule allows the department to incorporate changes made by DHS pursuant to 6 CFR 37.11 (c) (1) (x). An applicant must provide proof of SSN. However, Congress, as part of the Consolidated Appropriations Act of 2021, P.L. 116-260, sec. 1001(4), eliminated the need to present an original social security card to obtain a REAL ID. Accordingly, this rulemaking only requires that a person provide an SSN as a condition for issuance. Under s. 343.14 (2) (br), Stats., a person who does not hold and is ineligible for an SSN may provide a statement explaining why and provide evidence, such as proof of legal presence, to substantiate their statement. This typically applies to persons who are residing temporarily in the United States, do not have authorization to work in the United States, and do not have an SSN. 6 CFR 37.11 (e) (2) requires the department to verify SSNs with the U.S. Social Security Administration (SSA). Consistent with s. 343.165 (1) (c), Stats., this rule requires SSNs be provided and verified as a condition to issuance of any REAL ID compliant or non-compliant product. DMV may verify or attempt to verify any information or documentation provided in support of an application for any type of product and may decline to issue a product until the information or documentation can be verified or until alternative verifiable documentation is provided.
The following American Indian ID cards may be accepted as proof of identity to support issuance of a REAL ID non-compliant product: Red Cliff Band of Lake Superior Chippewa whose identification card was issued on or after October 1, 2003; Saint Croix Chippewa Indians of Wisconsin; Menominee Indian Tribe of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa; Bad River Band of Lake Superior Chippewa; Ho-Chunk Nation; Forest County Potawatomi; Sokaogon Chippewa Community; Mole Lake Band of Superior Chippewa whose identification card was issued on or after October 1, 2003; and Lac Courte Oreilles Band of Lake Superior Chippewa whose identification card was issued on or after October 18, 2004.
Section 343.165, Stats., prohibits use of a foreign document, other than a passport, as proof of ID. Therefore, Canadian driver licenses may not be used to establish identity in Wisconsin. For proof of identity for a non-compliant product, the department may accept a product issued by any U.S. territory. Name change documentation, such as original or certified copies of documents issued by a court, governmental body, or other entity; or evidence that the person has used the name in a manner that qualifies the name as being legally changed under common law of Wisconsin may qualify a person for a REAL ID compliant product. See 6 CFR 37.11 (c) (2). Section 343.06 (1) (k), Stats., prohibits the department from issuing a driver license to any person who is not a resident. Section 343.14 (2) (a), Stats., requires the residence address be provided by any driver license applicant. Sections 343.165 and 343.50 (1), Stats., require DMV to obtain documentation showing the applicant's name and address of principal residence when processing license and ID card applications, 6 CFR 37.11. The appropriate immigration documents determine legal presence, not the passport itself. The documents establishing evidence of legal presence in the United States shall be considered valid documentary proof that the individual is a U.S. citizen or national or an alien lawfully admitted for permanent or temporary residence. This rulemaking conforms with the requirements of 6 CFR 37.11 (g) (1) and include documents described in 6 CFR 37.11 (c). The department may not accept certificates of naturalization or certificates of citizenship issued by the Immigration and Naturalization Service. Only DHS-issued documents meet this requirement. REAL ID driver license or ID cards are not acceptable proof of legal presence. The Social Security Administration’s Social Security Online Verification (SSOLV) program is currently used to verify SSNs. CDL applicants must provide an SSN and are ineligible for licensure without it under 49 CFR 383.73 (g). The department interprets s. 343.165 (7) (a), Stats., as permitting issuance of non-CDL and REAL-ID noncompliant ID cards and driver license documents without scanning documentary proofs otherwise required under s. 343.165 (2) (a), Stats. The department interprets s. 343.165 (7) (b), Stats., as permitting issuance of non-compliant products to persons who were issued products prior to 2013 if the department has records of the person in its computer database. Prior to 2013, the department required the person to provide all required proofs of identity set forth in the statutes but did not require the department to retain a copy of those documents. Under 6 CFR 37.31 (a), the department now must retain images of documentary proofs for CDL and REAL ID compliant products. In addition to DHS’ Systematic Alien Verification for Entitlements system, DHS has authorized use of the American Association of Motor Vehicle Administrators’ verification of legal status system, and the U.S. Passport Verification Service as alternate acceptable mechanisms for verifying the legal presence of a person in the United States. The department uses any or all of these systems to verify legal presence.
49 CFR 383.71 (b) (8) requires permanent residents who apply for an H endorsement to provide the alien number issued to the applicant by USCIS. Federal law prohibits the department from accepting an alien registration receipt card in lieu of a permanent resident card. Alien registration receipt cards were issued prior to 1977. Persons possessing those cards are required to obtain a resident alien card, federal Form 551. Maildrop facilities at non-postal service locations, such as Mailboxes Etc., may not be used as an address under this rule and products may not be mailed to maildrop addresses
This rulemaking also repeals duplicative provisions relating to persons who seek identification solely for purposes of voting. Documentation requirements for voting are set forth in s. 343.165 (8), Stats. Section 34. Recreates provisions relating to product validity after issuance. To reduce administrative costs, the department has historically issued products that expire 8 years from an applicant’s next birthday and has allowed drivers to renew products within the one year period preceding expiration of their present ID or license. Section 343.20 (1) (a), Stats., permits the department to institute a system of issuance to provide for a uniform rate of product renewal. The department uses product holder’s birthdays to distribute issuance throughout the calendar year. Under 6 CFR 37.5 (a) and 49 CFR 383.73 (a) (9), states are prohibited from having licenses that extend more than 8 years from the date of issuance. Strict application of this federal requirement would prevent Wisconsin from following its longstanding practice of issuing renewal products to drivers in the months before expiration and having the license extend 8 years from the expiration date of the driver’s current product. Notwithstanding the language of the federal regulation, FMCSA has advised states that it will not object to states following practices like Wisconsin’s, which allows for license expiration on birthdays and renewal of licenses during the period before the expiration date. Accordingly, the department does not propose to change its current 8-year licensing cycle system. DHS has found Wisconsin’s current 8-year renewal cycle to comply with their requirements. Noncitizen products terminate on the date the product holder’s legal status ends according to the proofs of legal status they provide to the department when applying for the product. Two and 3-year licenses expire 2 and 3 years, respectively, after an applicant’s next birthday.
