ARG:lmk:rs
2007 - 2008 LEGISLATURE
August 2, 2007 - Introduced by Representatives Molepske, Wood, Colon,
Berceau, Sinicki, Travis, Grigsby, Vruwink, Seidel, Black, Schneider, Pocan
and Sherman, cosponsored by Senator Lassa. Referred to Committee on
Transportation.
AB475,1,3
1An Act to create 343.045 of the statutes;
relating to: the issuance of motor
2vehicle operator's licenses and identification cards by the Department of
3Transportation.
Analysis by the Legislative Reference Bureau
On May 11, 2005, the federal REAL ID Act of 2005 (the act) was signed into law.
Under the act, beginning three years after the date of enactment, a federal agency
may not accept, for any "official purpose," a motor vehicle operator's license or
identification card issued by a state to any person unless the state satisfies
requirements contained in the act. (In proposed regulations for the act, the
three-year deadline may be subject to modification.) Under the 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 (DHS). State compliance with requirements under the act must
be certified by the state to DHS.
Under this bill, the Department of Transportation (DOT) may not adopt any
procedure or requirement for the issuance of operator's licenses or identification
cards necessary under the 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 department 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.
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:
AB475, s. 1
1Section
1. 343.045 of the statutes is created to read:
AB475,2,3
2343.045 Implementation of certain provisions of federal law. (1) In this
3section, "REAL ID Act" means the federal REAL ID Act of 2005, P.L.
109-13.
AB475,2,7
4(2) Subject to sub. (3) (a), the department may not adopt any procedure or
5requirement for the issuance of operator's licenses or identification cards for the
6purpose of complying with provisions of the REAL ID Act unless all of the following
7apply:
AB475,2,118
(a) The department ensures that any database, record facility, or computer
9system associated with the procedure or requirement includes reasonable security
10measures and safeguards to protect the privacy of applicants, licensees, and
11cardholders and to protect against unauthorized disclosure of department data.
AB475,2,1512
(b) The department ensures that any personnel involved with the procedure or
13requirement are adequately screened and trained to protect the privacy of
14applicants, licensees, and cardholders and to protect against unauthorized
15disclosure of department data.
AB475,3,2
1(c) The procedure or requirement does not place an unreasonable cost or
2record-keeping burden on operator's license or identification card applicants.
AB475,3,5
3(3) (a) The department may not encumber or expend any moneys from the
4appropriation under s. 20.395 (5) (cq) for the purpose of complying with provisions
5of the REAL ID Act.
AB475,3,86
(b) Subject to sub. (2), the department may encumber and expend federal funds
7received by the state that are specifically allocated by the federal government for the
8implementation of the REAL ID Act.
AB475,3,10
9(4) The attorney general may, upon request of the department and approval of
10the governor, challenge the legality or constitutionality of the REAL ID Act.
