4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
DMV statutory authority to administer and modify ch. Trans 102 is established in ch. 343 of the Wisconsin State Statutes. Further authority is found in Wis. Stat. s. 85.16(1). More specific authority is found in the following statutes: Wis. Stat. s. 343.02 defines the department’s authority to administer and enforce the issuance of operator licenses and state identification cards. It also specifies that the department has the authority to promulgate rules as the secretary considers necessary. 343.02 Administration of driver license law.
343.02(1) (1) The department shall administer and enforce this chapter and may promulgate for that purpose such rules as the secretary considers necessary. Rules promulgated under this chapter may not conflict with and shall be at least as stringent as standards set by the federal commercial motor vehicle safety act, 49 USC 31301 to 31317 and the regulations adopted under that act. (2) The state of Wisconsin assents to the provisions of the federal law and regulations specified in sub. (1). The state of Wisconsin declares its purpose and intent to make provisions to implement and enforce that law and those regulations so as to ensure receipt by this state of any federal highway aids that have been or may be allotted to the state under 23 USC 104 (b) (1), (2), (5) and (6), including all increased and advanced appropriations. 343.02 History
Wis. Stat. s. 343.03(1) establishes the department’s requirement to institute a classified driver license system that meets all federal standards. 343.03 Classified driver license system.
343.03(1)(1) Compliance with federal standards. 343.03(1)(a)(a) The department shall institute a classified driver license system meeting all 343.03(1)(b)(b) The department shall issue operator's licenses in conformity with the Classified driver license system to each licensee upon renewal, initial application, or cancellation under s. 343.26 (1). Wis. Stat. s. 343.165(5) defines the department’s authority to promulgate rules to require applications for the particular licenses identified in statute to meet the requirements established by statute for initial issuance or renewal of operator’s licenses and identification cards. 343.165 Processing license and identification card applications.
(5) The department may, by rule, require that applications for reinstatement of operator’s licenses or identification cards, issuance of occupational licenses, reissuance of operator’s licenses, or issuance of duplicate operator’s licenses or identification cards be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator’s licenses and identification cards.
Wis. Stat. ss. 343.50(1)(a) and (c) defines the department’s authority to issue identification cards to every qualified applicant. 343.50 Identification cards.
(1) Issuance.
(a) The department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
(c) The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days.
Wis. Stat. s. 343.14 defines the department’s authority to determine the form for applications for a license or identification card and identifies information the department must request and statements the applicant must provide on the form. Wis. Stat. ss. 343.14(3m) and 343.50(4g) detail the legal standing for a person to request a photograph exemption for driver license or identification cards; applicants must provide an affidavit stating they have a sincerely held religious against being photographed. 343.14(3m) If the application for a license is processed under the exception specified in s. 343.165 (7), the application may be processed and the license issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed. 343.50 Photograph Requirement; Exception.
(4g) If the application for an identification card is processed under the exception specified in s. 343.165 (7), the application may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed. Wis. Stat. s. 343.50(5)(a) defines the fee structure the department must use when issuing identification cards to qualified applicants. Wis. Stat. s. 343.50(5)(a)3. prohibits the department from charging an applicant the initial issuance, renewal, or reinstatement fee for an identification card if the applicant is a U.S. citizen, is at least 18 years of age on the date of the next election, and requests the card be provided without charge for the purpose of voting. 343.50(5) Valid Period; Fees
(a)
1. Except as provided in subds. 2. and 3., the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10) shall be $18.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
a. The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5) and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation. b. The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1) and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender. 3. The department may not charge a fee to an applicant for the initial issuance, renewal, or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
Wis. Stat. s. 343.50(5m) defines the fees associated with issuing state identification cards. The card issuance fee does not apply if the applicant meets the requirements defined under Wis. Stat. s. 343.50(5)(a)(3). (5m) In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10), a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2. or 3. or (7). Wis. Stat. s. 343.50(7) defines the fee structure for duplicate identification cards. The fees do not apply if an applicant meets the requirements defined under 343.50(5)(a)(3). 343.50 Duplicate.
(7) The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3., there is no fee for a duplicate card. Wis. Stat. s. 85.16(1) defines the department secretary’s authority to make “reasonable and uniform orders and rules deemed necessary.” 85.16 Department rules and forms.
(1) The secretary may make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department. The secretary may also prescribe forms for applications, notices and reports required by law to be made to the department or which are deemed necessary to the efficient discharge of all powers, duties and functions and prescribe the form and manner in which those applications, notices and reports may be filed or submitted.
Wis. Stat. s. 84.015(1) makes clear that the state intends to assent to all federal highway acts and to adopt laws and regulations that will insure receipt by the state of any federal highway aids. 84.015 Federal highway aid accepted.
(1) The state of Wisconsin assents to the provisions of Title 23, USC and all acts of congress amendatory thereof and supplementary thereto. The state of Wisconsin declares its purpose and intent to give assent to all federal highway acts and to make provisions that will insure receipt by this state of any federal highway aids that have been or may be allotted to the state including all increased and advanced appropriations, and insure that such highways and related facilities in this state as may be eligible to be improved or constructed in accordance with any such federal highway acts may be improved, constructed and maintained in accordance therewith. The good faith of the state is pledged to make available funds sufficient to adequately carry out such construction and maintenance.
REAL ID provisions are scattered throughout ch. 343, Stats. Most of the provisions were adopted as part of the 2007-09 State Budget, 2009 Wis. Act 20. 2011 Wis. Act 23, the “Voter ID” legislation, modified the changes to state law made by 2007 Wis. Act 20 to allow the issuance of identification cards and driver licenses that are not REAL ID compliant. All such licenses must clearly show that they do not comply with REAL ID requirements in accordance with federal law. The requirements for REAL ID compliant driver licenses and identification cards are defined under 6 CFR Part 37, Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes (also known as REAL ID). The law details the requirements for states to be found fully compliant. In short, federal regulations require states to:
Collect and keep fully approved identity documentation in a prescribed manner. 6 CFR § 37.11
Verify documents such as Social Security Numbers, birth certificates, and out-of-state driver licenses and determine whether the person has false identities.
Include required security features to deter forgery and counterfeiting and detection of fraudulent cards in any compliant driver license or identification card. 6 CFR §§ 37.15-37.19
Issue only temporary or limited-term cards to immigrants who lack permanent status in the U.S. 6 CFR § 37.21
Establish procedures that verify an applicant’s identity each time a driver license or identification card is issued or renewed. 6 CFR §§ 37.23-37.25
Ensure that an individual is not issued more than one REAL ID compliant card. This requires close communication with all other states to determine if the applicant currently holds a driver license or REAL ID identification card from another state. 6 CFR § 37.29
Retain documents for future use or reference in the manner required by federal law. 6 CFR § 37.31
Maintain its computer database of driver records in a manner that complies with federal requirements. 6 CFR § 37.33
Develop a security plan that addresses the physical security of the facilities that produce the cards, and the safeguards required to protect the security and confidentiality of the information collected, stored, and maintained in DMV records. 6 CFR §§ 37.41-37.43
Conduct a background check of each person who is involved in the manufacture or production of READ ID driver licenses and identification cards, or who has the ability to affect the identity information that appears on the driver license or identification card. 6 CFR § 37.45
Ensure that non-REAL ID licenses and identification cards issued by the state be clearly different from REAL ID compliant licenses and identification cards. 6 CFR § 37.71
