Skip to content
Bills from the 2009–10 session

Assembly Bill 777

The issuance of driver cards and driver card instruction permits by the Department of Transportation, requiring the exercise of rule-making authority, and making an appropriation

Topics: Alien, Citizenship, Immigration, Insurance: Motor vehicle, Motor vehicle: Driver's license, Transportation, Department of: Vehicles

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 24, 2010

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

It never got a hearing in the Assembly Committee on Transportation. See every bill that never got a hearing this session.

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, as a result of 2005 Wisconsin Act 126 , an applicant for an operator's license or identification card must present documentary proof that the person is either a United States citizen or legally present in the United States. The Department of Transportation (DOT) may not issue an operator's license to an applicant who has not provided this documentary proof of citizenship or legal presence. If documentary proof provided by a noncitizen includes an end date for the person's authorized legal presence in the United States, an operator's license or identification card issued to the person must expire no later than the date on which the person's authorization to be legally present in the United States ends.

Under current federal law, the REAL ID Act of 2005 (REAL ID Act) prohibits a federal agency from accepting for any "official purpose," including boarding commercial aircraft and entering federal buildings, an operator's license or identification card issued by a state unless the state satisfies requirements contained in the REAL ID Act. The REAL ID Act allows states to issue operator's licenses and identification cards that are not compliant with REAL ID standards if they clearly state on their face that they cannot be accepted by any federal agency for federal identification or any other official purpose and if they use a unique design or color indicator to alert federal agency and other law enforcement personnel that they are not REAL ID compliant. While the provisions of the REAL ID Act became effective on May 11, 2008, the federal Department of Homeland Security (Homeland Security) regulations promulgated under the REAL ID Act gave states additional time to implement the REAL ID standards. The 2007 biennial budget act, 2007 Wisconsin Act 20 , contained provisions incorporating into state law requirements contained in the REAL ID Act. However, most of these provisions are subject to a contingent effective date; the provisions do not become effective until the date specified in a notice provided by DOT after DOT has determined that it is ready to fully implement the REAL ID Act. DOT has not yet provided this notice.

Read the full summary

After DOT provides this notice and these provisions of REAL ID become effective, they will require DOT to significantly modify its process for issuing operator's licenses and identification cards and DOT cannot issue or renew an operator's license or identification card unless the applicant provides, and DOT verifies, all of the following information: 1) an identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth; 2) d ocumentation showing the applicant's date of birth; 3) p

roof of the applicant's social security number or verification that the applicant is not eligible for a social security number; 4)

documentation showing the applicant's name and address of principal residence; and 5) valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States or has any of other specified forms of legal status or authorization.

In processing the application, DOT must verify each document provided and must capture a digital image of each document, which must be retained for at least ten years.

For certain legally present noncitizen applicants, DOT must issue operator's licenses or identification cards displaying, on the front of the license or card, a legend identifying the license or identification card as temporary. These licenses and identification cards

must expire on the date that the person's legal presence in the United States is no longer authorized or, if there is no end date for the person's authorized legal presence, one year after the date of license or identification card issuance. These licenses and identification cards cannot

be renewed unless the applicant provides documentary proof showing that Homeland Security extended the status by which the applicant qualified for the license or identification card.

This bill requires DOT to issue "driver cards," authorizing only the operation of "Class D" vehicles (generally automobiles and light-duty trucks), to applicants who: 1) are at least 18 years old or have held a driver card instruction permit for at least six months; 2) meet the knowledge and driving skills testing requirements applicable for issuance of operator's licenses for "Class D" vehicles; 3) provide proof of identity; 4) provide proof that they have been Wisconsin residents for at least six months; 5) are unable to provide the documentary proof (as established under 2005 Wisconsin Act 126 and as established under 2007 Wisconsin Act 20 after implementation of REAL ID) that they are either United States citizens or legally present in the United States; 6) provide valid individual taxpayer identification numbers; and 7) are not eligible for social security numbers. The document storage and verification requirements imposed for operator's license applicants after the implementation of REAL ID may not be imposed for driver card applicants. Unlike other operator's license applicants between the ages of 18 and 26, DOT does not forward a driver card applicant's information to the selective service system.

Driver cards must be labeled as such and must clearly state on their face that they may not be accepted by any federal agency for federal identification or any other official purpose. Driver cards must also have a unique design or color indicator that clearly distinguishes them from other operator's licenses or identification cards issued by DOT and that alerts federal authorities that they are not REAL ID compliant. A driver card is issued for a two-year period and must be renewed every two years thereafter. The fee for issuance and renewal of a driver card is the same as that applicable to other operator's licenses, although the valid period is shorter.

DOT must also issue driver card instruction permits to persons who are at least 15 and one-half years old, who have passed any knowledge test required by DOT, and who, except for age or lack of training, are qualified to obtain a driver card. The operating restrictions for driver card instruction permits are similar to those applicable to other instruction permits.

DOT must promulgate rules specifying the standards for the issuance of driver cards and driver card instruction permits, including standards for proof of residency and proof of identification.

A law enforcement officer, state agent, or local authority may not use a driver card or driver card instruction permit as a basis to inquire about the immigration status of an individual who lawfully presents the driver card or driver card instruction permit for its intended purpose. An insurer may not cancel or refuse to issue or renew an automobile insurance policy because the person has been issued a driver card or driver card instruction permit.

Who's behind it

9 lawmakers are its ⁠. 7 are Democrats and 1 is a Republican. 1 has no party on record.

2 more lawmakers ⁠.

See all 11 names

Authors (9)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 28, 2010

    A state agency sent in its estimate of the cost.

  3. Feb 24, 2010

    Sent to the Assembly Committee on Transportation.

  4. Feb 24, 2010

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 24, 2010 · Assembly

    Introduced by Representatives Colon, Zepnick, Berceau, Turner, Bies, Grigsby, Sherman, Black and Pasch;Cosponsored by Senators Taylor and Miller

  2. Feb 24, 2010 · Assembly

    Read first time and referred to committee on Transportation

  3. Apr 28, 2010 · Assembly

    Fiscal estimate received

  4. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate