AB 727

This bill allows the Department of Transportation to issue driver's licenses and

identification cards to certain persons who do not provide documentary proof of such

persons' lawful presence in the United States.

Under

2007 Wisconsin Act 20

, certain provisions specified in the federal REAL

ID Act of 2005 (REAL ID) were incorporated into state law and these provisions

became effective on January 1, 2013. Among these provisions was the requirement

that DOT follow certain procedures in processing applications for driver's licenses

and identification cards. However, under

2011 Wisconsin Acts 23

and

32

, DOT may

process applications for driver's licenses and identification cards in a manner other

than that required by REAL ID if the driver's licenses and identification cards are

marked to indicate that they are not REAL ID compliant and DOT processes the

applications in compliance with DOT practices and procedures applicable

immediately prior to implementation of REAL ID.

Under current law, an applicant for a driver's license or identification card,

regardless of whether it is REAL ID compliant or REAL ID noncompliant, must

provide to DOT 1) an identification document that includes either the applicant's

photograph or both the applicant's full legal name and date of birth; 2)

documentation showing the applicant's date of birth, which may be the same as item

1), above; 3) proof 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) documentary proof that

the applicant is a U.S. citizen or is otherwise lawfully present in the United States.

However, in processing an application for a REAL ID noncompliant driver's license

or identification card, DOT is not required to meet the standards for document

retention and verification that are imposed for REAL ID compliant products.

Under this bill, an applicant for a REAL ID noncompliant driver's license or

identification card is not required to provide documentary proof that the applicant

is a U.S. citizen or is otherwise lawfully present in the United States. If the applicant

does not have a social security number, the applicant is required to provide

verification only that he or she does not have one, rather than verification that he

or she is not eligible for one. In processing an application for, and issuing or

renewing, a REAL ID noncompliant driver's license or identification card, DOT may

not include any question or require any proof or documentation as to whether the

applicant is a U.S. citizen or is otherwise lawfully present in the United States. The