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. SECTION 20. Trans 102.07 (title) is amended to read:
Trans 102.07 (title) National driver registry and commercial driver license registrationinformation system.
SECTION 21. Trans 102.07 (intro) is repealed.
SECTION 22. Trans 102.07 (2) and (3) are repealed and recreated to read:
Trans 102.07 (2) The department may not issue a product until the department receives driver record information from the commercial driver license information system, the national driver registry, and the state pointer exchange system.
3(3) Except as provided in pars. (a) to (d), the department may not issue a commercial driver license to an applicant whose operating privilege is suspended, cancelled, revoked, or disqualified under the law of another jurisdiction or the U.S. a(a) If the applicant’s operating privilege is disqualified in another jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification period has expired and the applicant qualifies for issuance of a commercial driver license in the other jurisdiction. b(b) If the applicant’s commercial operating privilege is disqualified by the U.S., and not by any other jurisdiction, the department may only issue the applicant a commercial driver license if the disqualification has expired and the applicant qualifies for issuance of a commercial driver license in this state. c(c) If the applicant’s operating privilege is suspended or revoked in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant reinstates their operating privilege in the other jurisdiction. d(d) If the applicant’s operating privilege is cancelled in another jurisdiction, the department may only issue the applicant a commercial driver license if the applicant qualifies for issuance of a commercial driver license in the other jurisdiction. (Note) See s. 343.06 (2), Stats., 49 CFR 383.52 (d), 384.210, and 384.214, and 49 USC 31311 (a) (10) (A). SECTION 23. Trans 102.09 (title), (1), (2), and (3) are renumbered Trans 102.03 (7) (title), (a), (b), and
(c) and amended to read:
Trans 102.03 (7) (title) Photograph specifications
a(a) As determined by the department, a license or identification cardproduct photograph shall be retaken if the photograph of the personapplicant is indistinguishable, unclear, incomplete, shows a temporary disfigurement that no longer exists, does not meet the requirements of this section, or if the department’s copy of the photograph of the applicant becomes lost or damaged.
