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

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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 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

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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.