AB 1210

This bill provides that 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.

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 the Department of Transportation 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 the 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, which may be the same as item 1, above, showing the applicant's

date of birth; 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 (noncompliant REAL ID), DOT is not required to meet the

standards for document retention and verification that are imposed for REAL ID

compliant products.

Under the bill, an applicant for a noncompliant REAL ID is not required to

provide documentary proof that the applicant is a U.S. citizen or is otherwise

lawfully present in the United States. Also, an applicant may, in lieu of item 1 above,

provide an individual taxpayer identification number, a foreign passport, or any

other documentation deemed acceptable to DOT and, in lieu of items 2 and 4 above,

provide documentation deemed acceptable to DOT. 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.