Trans 102.02 (11) “Verify” means department procedure to ensure that a document submitted in support of an application for a product is genuine and has not been altered in order to determine that any identity data contained in the document is valid and relates to the product applicant. “Verify” includes checking the validity of data contained in documents presented in support of an application for a product.
SECTION 11. Trans 102.025 (title) is amended to read:
(See PDF for image)Trans 102.025 (title) Document condition, and authenticity, and verification.
SECTION 12. Trans 102.025 (1e), (1m), (Note) and (1s) are created to read:
Trans 102.025 (1e) VALID AND UNEXPIRED DOCUMENTS. All documents required to be produced under this chapter must be valid and unexpired, unless exempted by another provision in this chapter.
(1m) REAL ID COMPLIANT ATTESTATION REQUIRED. The application for a Real ID compliant product shall contain the following attestation by the product applicant: “I declare under penalty of perjury that information on this application is true and correct and that I am a resident of Wisconsin.” An application may not be accepted by the department which lacks the affirmation, the signature of the applicant, or the date the applicant signed the application.
(Note) Product applications, Form MV3001, 3001s, 3004 and 3004s, contain this affirmation.
(1s) VERIFICATION. (a) The department shall verify the applicant’s social security number and the minimum number of documents needed for issuance of any product under s. Trans 102.15. b(b) The department shall verify the social security number and documents presented in support of a REAL ID compliant product application in a manner required by 6 CFR 37.13. c(c) The department may refuse to issue a product to an applicant if a social security number or any document presented in support of an application for a product cannot be verified. SECTION 13. Trans 102.025 (2) is renumbered Trans 102.025 (2) (intro.) and amended to read:
(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)(See PDF for image)Trans 102.025 (2) (intro.) SUSPECT DOCUMENT. The department may decline to accept any document required to be presented as part of an application for an operator's license, or identification card, vehicle title, or vehicle registration if it has any reason to suspect doubt the authenticity of the document, the identity of the person named in the document, the identity of the applicant, that the residency information provided by the applicant is inaccurate, or for any of the reasons specified in sub. (3). In such a case, the department may retain the document and investigate its authenticity, provide the document to local, state, or federal authorities, require additional documentation from the individualapplicant to establish the fact that the document was offered to prove, or any combination of these actions. Documents determined to be genuine and to identify the person applicant who presented them shall be returned to the person applicant, except as provided in sub. (3). Documents containing photographs of the holder may be rejected if the person is not readily recognizable from the photograph. Documents bearing signatures or reproductions of signatures of the holder may be rejected if the signature or reproduced signature does not clearly match all other signatures provided by the presenter as part of the application or on file with the department. Documents containing other data will not be accepted if any facts lead the department to question the authenticity of the document or accuracy of the data. A document may be retained for investigation and be considered unacceptable if any of the following apply:
SECTION 14. Trans 102.025 (2) (Note) is repealed.
SECTION 15. Trans 102.025 (2) (a), (b), and (c) are created to read:
Trans 102.025 (2) (a) The document includes a photograph and the applicant presenting the document is not readily recognizable from the photograph.
b(b) The document includes a photograph that matches or resembles a photograph in the department’s records, or another database or system the department uses for identity verification, that is assigned to another person. c(c) Any facts lead the department to question the authenticity of the document or accuracy of the data in the document. SECTION 16. Trans 102.025 (3) (a) (intro.) is amended to read:
(See PDF for image)(See PDF for image)Trans 102.025 (3) (a) (intro.) Employees or agents of the department may take possession and investigate the authenticity of any document submitted as proof of the person’sapplicant's name and date of birth, identity, residency, or any other fact sought to be proven to the department and may turn provide those documents over to local, state, or federal authorities in any of the following circumstances:
SECTION 17. Trans 102.025 (3) (a) 6., is created to read:
Trans 102.025 (3) (a) 6. Signatures, photographs, or other identifiers on the document appear to not match one or more other signatures, photographs, or other identifiers of the applicant known to the department.
SECTION 18. Trans 102.03 is repealed and recreated to read:
Trans 102.03 Photograph requirements.
1(1) Except as provided in this section, the department may not issue an operator’s license or identification card unless the applicant appears in person at a DMV customer service center and is photographed. An applicant whose seriously held religious convictions do not allow the applicant to be photographed may qualify for an exemption to sub. (1) by completing, signing, and dating a statement on a form provided by the department, certifying that the applicant objects to being photographed due to a sincerely held religious conviction. 2(2) (a) Full facial image required. All photographs for products issued under this chapter shall include a full facial image of the applicant. The photograph shall show the entire face from the crown of the head to the base of the chin and from ear to ear. Photographs not meeting the requirements of this section may not be used on a product. The department may cancel a product if the department has reason to believe the product was erroneously issued with a photograph taken that does not meet the requirements of this subsection. The department shall assess the fee for obtaining a duplicate license for any applicant whose photograph must be retaken because of an intentional violation of the requirements of this subsection. b(b) Head coverings. 1. Head coverings may not be worn in a photograph except as provided in subd. 2. and 3. If a head covering is worn by the applicant pursuant to subd. 2. or 3., the covering shall be pushed from the forehead and sides until a full facial image is shown as required by par. (a).
22. An applicant who has sincerely held religious convictions that require the applicant to wear a head covering for any photograph may wear the head covering in a photograph for products issued under this chapter. 33. An applicant suffering from a medical condition or treatment that results in hair loss may be permitted to wear a scarf or hat in a photograph for products issued under this chapter. c(c) Hair. Hair, whether natural or artificial, shall be pushed back from the face for the photograph until a full facial image is shown as required by par. (a). d(d) Obstructions. Nothing shall obscure the applicant’s face, head, iris, or pupils. e(e) Shadows. Nothing shall be permitted which results in a shadow upon the face in a photograph. Lighting shall be evenly distributed on the face. f(f) Eyes. 1. The iris and pupil of the eye shall be clearly visible. The applicant may choose whether the photograph be taken with or without vision correcting glasses. Sunglasses may not be worn except as provided in subd. 2. Light sensitive glasses that do not adjust sufficiently to clearly show the applicant’s eyes and eye color shall be removed. 2. An applicant suffering from a medical condition, physical disability, or disfigurement affecting the applicant’s eyes, and who usually wear eyeglasses to obscure their eyes for cosmetic reasons, may be permitted to obscure their eyes with sunglasses or an eye patch.
g(g) Clothing. Except as permitted in subd. (f) 1., any clothing or device obscuring any part of an applicant’s face shall be removed. h(h) Appliances. Any appliance or prosthesis normally used by an applicant with a permanent facial or dental disfigurement may be worn for the photograph and shall be included in the full facial image. i(i) Expression. The applicant shall look into the camera with both eyes open and a relaxed facial expression. 3(3) Except as provided in this subsection, product photographs must have been taken within 8 years of the date of product issuance. a(a) Duplicate and renewal products. A person who obtains a duplicate or renewal product online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16-years-old, and the department’s computer system will accommodate processing the application online. b(b) Online product issuance. A person who obtains an identification card online is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that will not be more than 16-years-old when the product is expected to expire. c(c) Persons in military service. A person in military service or foreign service stationed outside this state who applies to renew a driver license is exempt from the requirement of using a photograph taken within 8 years of the date of product issuance if the department has a photograph of the person on file that is not more than 16-years-old. (Note) See s. 343.20 (3), Stats., 6 CFR 37.25 (a). d(d) Non-expiring ID cards. A person who applies for a replacement identification card without appearing at a DMV service center to be photographed, who claims an identification card that was issued to the person pursuant to s. 343.50 (5) (d), Stats., that does not expire is lost, stolen, or damaged is exempt from using a photograph taken within of the date of product issuance. A replacement identification card issued by the department pursuant to this paragraph shall include the latest photograph of the person in the department’s records. 4(4) The department may issue a REAL ID non-compliant product to a prisoner held in a correctional facility in this state using a photograph taken by the Wisconsin department of corrections that meets the standards in sub. (1) and is taken in compliance with an agreement between the department and the Wisconsin department of corrections. 5(5) A person whose sincerely held religious beliefs do not permit the person to be viewed by members of the opposite sex may request that their photograph be taken outside the presence of persons of the opposite sex. The department may require the person appear at a time before or after normal DMV service center business hours. Arrangements shall be made at least 7 days prior to the date the photograph is to be taken. The department may require the person to travel to a DMV service center where the department has staff and facilities at which the request may be fulfilled. 6(6) Subsection (2) shall be interpreted and applied in a manner consistent with federal requirements for the issuance of federal REAL ID compliant documents even if an applicant applies for a REAL ID non- compliant product. The department adopts standards set forth in 6 CFR. 37.17 (e) and ISO/IEC 19794- 5:2005(E) Information Technology – Biometric Data Interchange Formats – Part 5: Face Image Data for use in driver license processing. (Note) As required by s. 227.21 (2), Stats., the Wisconsin attorney general approved adoption of these standards on [date to be inserted upon approval]. Copies of these standards are on file with the department and the legislative reference bureau and may be reviewed at those locations. Copies may be obtained from http://webstore.ansi.org/, or by contacting ANSI, 25 West 43rd Street, 4th Floor, New York, New York 10036. They are also available online at the International Organization for Standardization and International Electrotechnical Commission at www.iso.org and SECTION 19. Trans 102.04 is repealed and recreated to read:
Trans 102.04 Product design.
1(1) A product shall include all the information specified in ss. 343.17 (3) and 343.50 (3), Stats. Additionally, a product shall do all of the following: a(a) Consist of one part with 2 sides, except as otherwise prescribed in s. 343.17 (4m), Stats.
