AB148: Bill Text

LRB-1138/2

PJH:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 148

March 3, 2005 - Introduced by Representatives Gundrum, Gard, Lothian, Vukmir, Gielow, Stone, Kleefisch, Jensen, Hahn, Strachota, Hines, LeMahieu, Gunderson, Ballweg, Bies, F. Lasee, Ott, Vos, McCormick, Ainsworth, Honadel, Meyer, Nischke, Van Roy, M. Williams, Kestell, Kreibich, Suder, Moulton, Nerison, Albers, Vrakas, Pridemore and Jeskewitz, cosponsored by Senators Cowles, Lazich, Kanavas, Leibham, Reynolds, A. Lasee, Kedzie, Olsen, Roessler, Darling, Lassa and Grothman. Referred to Committee on Criminal Justice and Homeland Security.

AB148,1,3 An Act to amend 343.50 (4), 343.50 (5) and 343.50 (6); and to create 343.06 (1) (L), 343.14 (2) (er), 343.20 (1) (f) and 343.20 (1m) of the statutes; relating to: driver's licenses and identification cards for aliens.

Analysis by the Legislative Reference Bureau

Under current law, a person who wishes to receive an operator's license or identification card from the Department of Transportation (DOT) must provide certain information to DOT, including the person's name, address, date of birth, and physically descriptive information. A license or an identification card that is issued by DOT includes a picture of the person, identifying information, the person's signature, and physically descriptive information.

Under this bill, 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 bill requires DOT to include on the person's operator's license or identification card the date on which the person's legal presence in the United States expires, and specifies that the person's license or identification card expires on that date. If the person is authorized to be in the United States for an unspecified period of time, the standard renewal periods for an operator's license or an identification card apply.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB148, s. 1 Section 1. 343.06 (1) (L) of the statutes is created to read:

AB148,2,3 343.06 (1) (L) To any person who does not provide the documentary proof described in s. 343.14 (2) (er).

AB148, s. 2 Section 2. 343.14 (2) (er) of the statutes is created to read:

AB148,2,7 343.14 (2) (er) 1. Documentary proof that the individual is a citizen of the United States or documentary proof that the individual is legally present in the United States.

AB148,2,15 2. If the individual is not a citizen of the United States, he or she shall provide documentary proof of his or her status as a legal permanent resident or conditional resident, a valid unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, a pending or approved application for asylum in the United States, valid entry into the United States in refugee status, a pending or approved application for temporary protected status in the United States, approved deferred action status, or a pending application for adjustment of status to legal permanent resident status or conditional resident status.

AB148, s. 3 Section 3. 343.20 (1) (f) of the statutes is created to read:

AB148,2,21 343.20 (1) (f) The department shall cancel an operator's license if the department is notified by a local, state, or federal government agency that the operator is no longer a citizen of the United States, a legal permanent resident of the United States, or a conditional resident of the United States, or otherwise not legally present in the United States.

AB148, s. 4 Section 4. 343.20 (1m) of the statutes is created to read:

AB148,3,7 343.20 (1m) A license that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, sub. (1) shall apply.

AB148, s. 5 Section 5. 343.50 (4) of the statutes is amended to read:

AB148,3,16 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), and (er), and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB148, s. 6 Section 6. 343.50 (5) of the statutes is amended to read:

AB148,4,3 343.50 (5) Valid period; fees. The fee for an original card and for the reinstatement of an identification card after cancellation under sub. (10) shall be $9. The card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance, except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the succeeding period of 4 years from the applicant's next birthday after the date of issuance.

AB148, s. 7 Section 7. 343.50 (6) of the statutes is amended to read:

AB148,4,17 343.50 (6) Renewal. At least 30 days prior to the expiration of the card, the department shall mail a renewal application to the last-known address of each identification card holder. The department shall include with the application information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175. The fee for a renewal identification card shall be $9, which card shall be valid for 4 years , except that a card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (er) shall expire on the date that the person's legal presence in the United States is no longer authorized. If the documentary proof as provided under s. 343.14 (2) (er) does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for 4 years.

AB148, s. 8 Section 8. Initial applicability.

AB148,4,20 (1) This act first applies to applications that are made on the effective date of this subsection.

AB148,4,21 (End)