Section 4. Repeals the definition “license examiner.” The term was only used in s. Trans 102.15 (5) (a), which is also repealed by this rulemaking. Instead, this rulemaking recreates s. Trans 102.02 (6) to define “material change.” This term is used only once in this chapter, in s. Trans 102.14 (8) (b), when discussing facts that will cause DMV to require an in-person appearance to renew a product. The definition is drawn from federal REAL ID regulations and is intended to be interpreted and applied consistent with those regulations. The drafting style mimics the federal regulation and includes the definition similar to 6 CFR 37.3 in the rule rather than incorporating the provisions directly in s. Trans 102.14 (8) (b). The rule’s intent is to parallel the federal style and follow the federal REAL ID requirements for product issuance. Though the Legislative Reference Bureau recommends only incorporating definitions when the definition is used more than once, (LRB Admin Rules Manual s. 1.07 (1)), “material change” is intentionally created to mirror federal regulations. Section 5. Renumbers a section to conform with rule drafting style. “Motor vehicle service center” is replaced with the department’s preferred usage, “DMV customer service center.”
Section 6. Amends definition, “name” to parallel the requirements under 6 CFR 37.3, which defines “full legal name.” The rule requires the entire middle name rather than only a middle initial. Unlike the federal regulation, Wisconsin drafting standards do not use “(s)” to express the possibility of a term being used in the singular or plural form. Instead, that is a default rule of statutory interpretation under s. Trans 102.02 (intro.) and s. 990.001 (1), Stats. Persons with multiple first, middle, or last names must provide all their names under this regulation. No other information, aside from generational suffixes, are permitted as part of the name. This includes titles of respect, such as Mr., Ms., Mrs., or Dr. This section also substitutes “license or identification card” for “product” (See Section 10) and deletes the requirement that a photo must be printed.
Section 7. Creates the definition “product” as a shorthand for licenses, IDs, driver receipts, and other documents. This is consistent with DMV internal administrative practice and reduces the need to repeatedly describe licenses, identification cards, driver receipts, and other documents. The term “product” is substituted for “license,” “identification card,” and similar terms throughout the rule.
Similarly, created s. Trans 102.02 (7r) defines “REAL ID” to describe products issued in a manner that meet federal identification requirements for such purposes as air travel and entering federal courthouses. A REAL ID can be identified by a star on the face of the document. The primary federal regulations related to REAL ID requirements are found at 6 CFR part 37. Section Trans 102.02 (7t) defines “REAL ID non-compliant product” to describe any product issued by the department that does not meet the federal REAL ID standards. These products do not bear the REAL ID star indicator and may bear a notation that the product is not valid for federal identification purposes. Section 8. Amends a definition to improve readability. As amended, “reinstate” distinguishes actions that can be taken to terminate licenses from those taken to terminate ID cards. ID cards, for example, cannot be disqualified in the same way a commercial driver license may be disqualified if the driver holding the license is disqualified under state or federal law. ID cards may only be cancelled whereas licenses may be cancelled, suspended, revoked, or disqualified.
Section 9. Repeals and recreates two definitions. Under this chapter, “resident” includes persons who are living in the United States. Foreign visitors who hold a visa, such as a student visa, may qualify for a Wisconsin driver license as a Wisconsin resident, even though their federal resident status is temporary by virtue of their temporary visa. Products issued to such persons are labeled to identify the persons as temporary visitors or non-domiciled CDL holders as set forth in s. Trans 102.17. This section also defines “social security number” (SSN) as the entire 9-digit number. For identification issuance purposes under this chapter, a partial number is not acceptable.
Section 10. Defines “verify” to mirror the U.S. Department of Homeland Security (DHS) requirements set forth at 6 CFR 37.13, which double-checks the authenticity of identity documents such as driver licenses, social security cards, visas, and passports. The verification process is designed to check whether any source document presented as part of an application is genuine and has not been altered, and whether the identity data contained on the document is valid. The definition parallels the federal REAL ID definition of “verify” found in 6 CFR 37.3. Section 11. Amends a section title to include the verification process and for improved readability.
Section 12. Creates three subsections. Under created s. Trans 102.025 (1e), all documents presented in connection with an application for a product must be genuine and valid, except that ch. Trans 102 permits expired documents to be used as proof of identity in limited situations. These requirements are consistent with 6 CFR 37.11 (c), which require unexpired valid documentation to qualify for REAL ID issuance. Federal documents issued by the U.S. Customs and Immigration Service (USCIS) are not considered expired if they are extended by an I-797 Notice of Action or other official USCIS action extending the term of the document. Section Trans 102.025 (1m) imposes the signature and date requirements set forth in 6 CFR 37.11 (b), which requires applicants be subject prosecution for perjury under 18 USC 1621 and 28 USC 1746 if they falsify an application for a REAL ID compliant product. This section also requires the affirmation, applicant signature, and date the applicant signed before the department may accept the application. The last sentence of the provision requires all three items be included in an application before acceptance. A product issued upon an application accepted in error may be cancelled. See s. 343.25 (4), Stats. Section 343.165, Stats., and 6 CFR 37.13 require the department to verify the authenticity of SSNs and documents presented with an application for a driver license or ID. Created s. Trans 102.025 (1s) implements 6 CFR 37.13, which requires the department to verify SSNs and documents presented as part of driver license or ID application. This regulation requires DMV to verify at least the minimum number of documents, the data in those documents, and the applicant’s SSN in the manner required by federal law before issuing any license or ID card bearing the federal REAL ID compliant symbol. SSNs are verified, but original cards are not required for REAL ID issuance. Consolidated Appropriations Act of 2021, Public Law 116-260, s. 1001(c) 134 Stat. 2306. If the department determines that an applicant submitted an invalid SSN or document, the department will decline to issue the product and may retain possession of the allegedly false document. Section 13. Clarifies that the department may retain suspected fraudulent documents and the department may not accept those documents for the purpose of issuing a driver license, ID card, title, or registration.
Section Trans 102.025 (3) allows the department to confiscate documents that prove to be invalid. Sections Trans 102.15 (7) and (8) compliment these provisions by allowing the department to demand more stringent identity documentation from persons who apply for products and who have presented unverifiable identity documents to the department in the past or from persons who are known victims of identity theft. Section 14. Repeals an obsolete note.
Section 15. Allows the department to reject and retain supporting documents for an application if the department verifies that a photograph or signature matches a person other than the applicant. An application supported by bogus documents establishing identity may be rejected. DMV may retain such documents for further investigation or share them with law enforcement if the photographs, signature, or reproduction signature on the document appears to match a different individual.
The department may exercise discretion to investigate and reject documents bearing signatures or photographs that do not clearly match other records for that individual. The intent of this rule revision is not for department staff to engage in routine handwriting analysis, rather to provide a basis for further analysis where a clear match is not evident.
Section 16. Provides a list of circumstances when DMV will confiscate apparently bogus identification documents. The department may, but is not required to, share such documents with law enforcement.
Section 17. Lists identifiers, such as signatures and photographs, that will lead the department to investigate if the identifiers on the document appear to not match identifiers of the person known to the department.
Section 18. Creates photograph requirements for REAL IDs. The photo requirements listed in s. Trans 102.03 are drafted to mirror the requirements found in 6 CFR 37.17 (e). The department may not issue a REAL ID compliant product without a photograph. A full facial image is required. Head coverings are not permitted, unless a head covering is worn for religious reasons, in which case the head covering may be worn but must be pushed back to permit capture of a full facial image. Similarly, hair needs to be pushed back from the face. The iris and pupil must be clearly visible. Prosthetic appliances are permitted. A relaxed facial expression is required. Federal REAL ID requires product holders be photographed at least once every 16 years. 6 CFR 37.25 (a) (1). Section Trans 102.03 (3) requires a new photograph of a driver being taken every 8 years with limited exceptions. A duplicate product will have the same expiration date as an original product. The exceptions do not permit use of a photo more than 16-years-old, in accordance with the federal requirement, and include:
The issuance of duplicate products, such as a product issued when an original is lost or destroyed.
Renewed products if the department has a photograph on file for the person that will be 16 or fewer years old at the product’s expiration date.
Persons in the military.
Persons more than 65 years of age who hold ID cards that do not expire.Because federal law requires REAL ID products to expire and be replaced with new stock bearing a current photo as described above, non-expiring ID cards issued under s. 343.50 (5) (d), Stats., will not be REAL ID compliant.
This rulemaking retains a longstanding practice to issue driver licenses without photographs to persons who claim their religious beliefs prevent them from being photographed. This rule is moved from s. Trans 102.03 (2) (b) to s. Trans 102.03 (3) (a). Any license issued under this exemption will not meet federal REAL ID requirements and will be labeled accordingly. Persons in Wisconsin correctional facilities may be issued noncompliant products using photographs taken by the Wisconsin Department of Corrections under proposed s. Trans 102.03 (4). Having the Department of Corrections take driver license and ID photos of prisoners avoids the expense and safety risk of transporting prisoners to DMV facilities. Persons who have no religious objection to being photographed, but who object to having their visage viewed by the opposite sex in a public setting such as a DMV service center may make special application to the department to have their photograph taken in a more private setting. The same photograph standards will apply, but accommodations may be made before or after regular business hours for a same-sex photographer to capture the facial image for DMV processing purposes.
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.
