SB 159

The federal REAL ID Act of 2005 (REAL ID Act) prohibits a federal agency from

accepting, for any "official purpose," a motor vehicle operator's license or

identification card issued by a state unless the state satisfies requirements

contained in the REAL ID Act. An "official purpose" includes accessing federal

facilities, boarding federally regulated commercial aircraft, and any other purpose

identified by the federal Department of Homeland Security (Homeland Security).

While the provisions of the REAL ID Act became effective on May 11, 2008,

Homeland Security regulations promulgated under the REAL ID Act gave states

additional time to implement the provisions of the REAL ID Act. The 2007 biennial

budget bill,

2007 Wisconsin Act 20

(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 the Department of

Transportation (DOT) after DOT has determined that it is ready to fully implement

the REAL ID Act. When these provisions become effective, they will require DOT to

significantly modify its process for issuing operator's licenses and identification

cards.

Under this bill, DOT may not adopt any procedure or requirement for the

issuance of operator's licenses or identification cards necessary under the REAL ID

Act for federal agencies to recognize for an "official purpose" operator's licenses and

identification cards issued by this state unless all of the following apply:

1. DOT ensures that any database, record facility, or computer system

associated with the procedure or requirement includes reasonable security measures

and safeguards to protect the privacy of applicants, licensees, and cardholders and

to protect against unauthorized disclosure of department data.

2. DOT ensures that any personnel involved with the procedure or requirement

are adequately screened and trained to protect the privacy of applicants, licensees,

and cardholders and to protect against unauthorized disclosure of DOT data.

3. The procedure or requirement does not place an unreasonable cost or

record-keeping burden on operator's license or identification card applicants.

In addition, DOT may not encumber or expend any moneys from its state funds

appropriation for driver licensing for the purpose of complying with provisions of the

REAL ID Act. However, DOT may encumber and expend federal funds received by

the state that are specifically allocated for the implementation of the REAL ID Act.

Under the bill, the attorney general may, upon request of DOT and approval of

the governor, challenge the legality or constitutionality of the REAL ID Act.