Section 343.165. Processing license and identification card applications.

 

(1)  Subject to ss. 343.14 (3m) and 343.50 (4g) , the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card [January 1, 2013] and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7) , the department verifies under sub. (3) , all of the following information:

(a) An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

(b) Documentation showing the applicant's date of birth, which may be the identification document under par. (a) .

(c) Proof of the applicant's social security number or, except as provided in s. 343.14 (2g) (a) 4. , verification that the applicant is not eligible for a social security number.

(d) Documentation showing the applicant's name and address of principal residence.

(e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d. , the documentary proof described in s. 343.14 (2) (es) .

(2)  

(a) Subject to sub. (7) , the department shall, in processing any application for an operator's license or identification card under sub. (1) , capture a digital image of each document presented or provided to the department by an applicant. Images captured under this paragraph shall be maintained, in electronic storage and in a transferable format, in the applicant's file or record as provided under ss. 343.23 (2) (a) and 343.50 (8) (a) .

(b) Subject to sub. (7) , the department shall record in the applicant's file under s. 343.23 (2) (a) or record under s. 343.50 (8) (a) the date on which verification under subs. (1) and (3) is completed.

(3)  

(a) Except as provided in pars. (b) and (c) and subject to sub. (7) , the department shall verify, in the manner and to the extent required under federal law, each document presented or provided to the department that is required to be presented or provided to the department by an applicant under sub. (1) .

(b) The department may not accept any foreign document, other than an official passport, to satisfy a requirement under sub. (1) .

(c) For purposes of par. (a) and sub. (1) (c) , if an applicant presents a social security number that is already registered to or associated with another person, the department shall direct the applicant to investigate and take appropriate action to resolve the discrepancy and shall not issue any operator's license or identification card until the discrepancy is resolved. The department shall adopt procedures for purposes of verifying that an applicant is not eligible for a social security number.

(4)  

(a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card [January 1, 2013] if in connection with a prior application [January 1, 2013] the applicant previously presented or provided, and the department verified under sub. (3) or (7) , the information specified in sub. (1) and, if verified under sub. (3) , the department recorded the date on which the verification procedures were completed as described in sub. (2) (b) .

(b) The department shall establish an effective procedure to confirm or verify an applicant's information for purposes of any application described in par. (a) . The procedure shall include verification of the applicant's social security number or ineligibility for a social security number.

(c) Notwithstanding pars. (a) and (b) , no operator's license displaying the legend required under s. 343.03 (3m) or identification card displaying the legend required under s. 343.50 (3) (a) may be renewed unless the applicant presents or provides valid documentary proof under sub. (1) (e) and this proof shows that the status by which the applicant qualified for the license or identification card has been extended by the secretary of the federal department of homeland security.

(d) With any license or identification card renewal following a license or identification card expiration established under s. 343.20 (1m) or 343.50 (5) (c) at other than an 8-year interval, the department may determine whether the applicant's photograph is to be taken, or if the renewal is for a license the applicant is to be examined, or both, at the time of such renewal, so long as the applicant's photograph is taken, and if the renewal is for a license the applicant is examined, with a license or card renewal at least once every 8 years and the applicant's license or identification card at all times includes a photograph unless an exception under s. 343.14 (3m) or 343.50 (4g) applies.

(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 [January 1, 2013] 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.

(6)  During the period in which the department processes an application under this section, the department may issue a receipt under s. 343.11 (3) or 343.50 (1) (c) .

(7)  

(a) The department may process an application for, and issue or renew, an operator's license or identification card without meeting the requirements under subs. (2) and (3) if all of the following apply:

1. The operator's license contains the marking specified in s. 343.03 (3r) or the identification card contains the marking specified in s. 343.50 (3) (b) .

2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect on December 31, 2012 [January 1, 2013].

(b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after [December 31, 2012] January 1, 2013, of operator's licenses or identification cards originally issued prior to January 1, 2013.

2007 a. 20 ; 2011 a. 23 , 32 ; 2015 a. 193 , 197 ; s. 13.92 (2) (i).

Note

Sub. (1) (intro.) is shown as affected by 2015 Wis. Acts 193 and 197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (a) is shown as affected by 2015 Wis. Acts 193 and 197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (5) is shown as affected by 2015 Wis. Acts 193 and 197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 Subd. 2. is shown as affected by 2015 Wis. Acts 193 and 197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was rendered surplusage by Act 193. Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) is shown as affected by 2015 Wis. Acts 193 and 197 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The date in brackets was inserted by Act 193 to replace an indeterminate date with the actual date, but is the incorrect date. The correct date, January 1, 2013, was inserted by 2015 Wis. Act 197 . Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 Who are you? Prove it! The Federal REAL ID Act and Its Fate in Wisconsin. Gary. Wis. Law. Aug. 2008. Microsoft Windows NT 6.1.7601 Service Pack 1