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 Trans 102.03 is repealed and recreated to read: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. b(b) Include any legend required by s. 343.03 (3) or (3m), Stats., or s. 343.50 (3) (a), Stats., and the following descriptive legends, if applicable: 11. Duplicate products shall be marked "duplicate" or an abbreviation thereof. 22. Juvenile restricted licenses shall be marked “juvenile restricted" or an abbreviation thereof. c(c) Contain any other information the department considers appropriate for security or identification purposes. 2(2) Receipts and extension cards that the department issues are not subject to sub. (1). 3(3) Any REAL ID non-compliant identification card or Class D or M license issued by the department based upon extraordinary proof of name, date of birth, or U.S. citizenship under s. 343.165 (8) (a), Stats., shall, in addition to any other legend or label, be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the product is not intended to be accepted by any federal agency for federal identification or any other official purpose. 4(4) A REAL ID compliant product shall include at least three levels of integrated security features that provide resistance to a person’s attempt to do any of the following: c(c) Counterfeit, alter, simulate, or reproduce a genuine document. d(d) Alter, delete, modify, mask, or tamper with data concerning the original or lawful card holder. e(e) Substitute or alter the original or lawful card holder’s photograph or signature, or both, by any means. f(f) Create a fraudulent document using components from legitimate operator’s licenses or identification cards. 5(5) Products shall include, on the side opposite the photograph for any REAL ID compliant product, or anywhere on any other type of product, machine readable technology meeting or exceeding the minimum requirements of 6 CFR 37.19. 6(6) Products shall identify Wisconsin as the state of issuance. 7(7) A REAL ID compliant product shall include a U.S. department of homeland security approved security marking to reflect the product’s level of compliance in accordance with 6 CFR 37.17 (n). 8(8) REAL ID compliant products shall be printed in the format required by 6 CFR 37.17 (m). 9(9) The department may issue apparent products to state or federal law enforcement agencies to assist in crime investigations. Apparent products issued pursuant to this subsection are not subject to the requirements of this chapter. 10(10) Products issued to federal judges may list their courthouse address on the product in lieu of their personal address if requested by the judge. 11(11) Products issued to a person protected from disclosure of information under the safe at home program under s. 165.68, Stats., may list the Wisconsin department of justice safe at home post office address in lieu of the person’s physical address.
