AB 777

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.

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