LRB-1604/1
EVM:jld&ew
2017 - 2018 LEGISLATURE
December 7, 2017 - Introduced by Representatives Zamarripa, Zepnick, Anderson,
Berceau, Billings, Bowen, Brostoff, Considine, Crowley, Fields, Goyke,
Hesselbein, Ohnstad, Pope, Sargent, Sinicki, Spreitzer, Stuck, Subeck, C.
Taylor
and Vruwink, cosponsored by Senators Risser, Carpenter, Johnson,
L. Taylor and Vinehout. Referred to Committee on Transportation.
AB727,1,9 1An Act to renumber and amend 343.14 (2) (br) and 343.14 (2) (es); to amend
2343.03 (3m), 343.14 (2j), 343.165 (1) (c), 343.165 (1) (e), 343.165 (3) (b), 343.165
3(3) (c), 343.165 (4) (b), 343.165 (4) (d), 343.165 (7) (a) (intro.), 343.20 (1) (a),
4343.20 (1) (f), 343.20 (1m), 343.20 (2) (a), 343.31 (3) (a), 343.38 (3), 343.50 (3),
5343.50 (5) (b), 343.50 (5) (c), 343.50 (6) and 343.50 (10) (c); and to create 343.14
6(2) (br) 2., 343.14 (2) (es) 2m., 343.165 (7) (c), 343.17 (3) (a) 16., 343.31 (2v),
7343.39 (1) (d), 343.50 (5) (bm) and 343.50 (8) (c) 6. of the statutes; relating to:
8issuance of motor vehicle operator's licenses and identification cards by the
9Department of Transportation.
Analysis by the Legislative Reference Bureau
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
bill does not change any current law requirements related to driver qualifications
such as minimum age or successful completion of knowledge and driving skills tests.
Under current law, most driver's licenses issued by DOT are issued for an initial
two-year period and must be renewed every eight years thereafter. In general, an
applicant for renewal of a driver's license must pass an eyesight test and have his
or her photograph taken with each renewal. Most identification cards issued by DOT
are issued for an initial period of eight years and are renewable for eight-year
periods thereafter. In general, applicants for renewal of an identification card must
have their photograph taken with each renewal.
Under this bill, an applicant for a REAL ID noncompliant driver's license or
identification card who does not provide a social security number is issued a driver's
license or identification card that displays, on its face, the words “Not valid for voting
purposes" and that has a two-year renewal period rather than an eight-year
renewal period. The initial period for such an identification card under the bill is also
two years. With each renewal, DOT has discretion whether or not to take a new
photograph, and, for a driver's license, give an eyesight test, as long as a new
photograph is taken, and, for a driver's license, an eyesight test is given, at least once
every eight years. If DOT issues a REAL ID noncompliant driver's license to an

applicant who does not provide a social security number, the applicant must, no later
than 30 days after initial issuance of the license and each license renewal, provide
to DOT proof of motor vehicle liability insurance coverage for each motor vehicle
owned or leased by the applicant. If proof is required and the applicant fails to timely
provide such proof, DOT must suspend the applicant's operating privilege until proof
is provided.
With limited exceptions, DOT may not disclose social security numbers
obtained from operator's license or identification card applicants. This bill prohibits
DOT from disclosing the fact that an applicant has verified to DOT that the applicant
does not have a social security number, except that DOT may disclose this
information to the Elections Commission.
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:
AB727,1 1Section 1. 343.03 (3m) of the statutes is amended to read:
AB727,3,92 343.03 (3m) Noncitizen limited-term license. If the issuance of any license
3described under sub. (3) requires the license applicant to present any documentary
4proof specified in s. 343.14 (2) (es) 2. to 7. 1m. b. to g. or (im) 2m. b., the license shall
5display on the front side of the license, in addition to any legend or label described
6in sub. (3), a legend identifying the license as limited term or, if the license authorizes
7the operation of a commercial motor vehicle, as a nondomiciled license. This
8noncitizen limited-term license may not be renewed except as provided in s. 343.165
9(4) (c). A nondomiciled license may not be issued to a resident of Canada or Mexico.
AB727,2 10Section 2. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. and
11amended to read:
AB727,4,612 343.14 (2) (br) 1. If Except as provided in subd. 2., if the applicant does not have
13a social security number, a statement made or subscribed under oath or affirmation
14that the applicant does not have a social security number and is not eligible for a
15social security number. The statement shall provide the basis or reason that the

1applicant is not eligible for a social security number, as well as any information
2requested by the department that may be needed by the department for purposes of
3verification under s. 343.165 (1) (c). The form of the statement shall be prescribed
4by the department, with the assistance of the department of children and families.
5A license that is issued or renewed under s. 343.17 in reliance on a statement
6submitted under this paragraph subdivision is invalid if the statement is false.
AB727,3 7Section 3. 343.14 (2) (br) 2. of the statutes is created to read:
AB727,4,158 343.14 (2) (br) 2. If the applicant does not have a social security number and
9the application is for an operator's license that contains the marking specified in s.
10343.03 (3r) or an identification card that contains the marking specified in s. 343.50
11(3) (b), a statement made or subscribed under oath or affirmation that the applicant
12does not have a social security number. The form of the statement shall be prescribed
13by the department, with the assistance of the department of children and families.
14A license that is issued or renewed under s. 343.17 in reliance on a statement
15submitted under this subdivision is invalid if the statement is false.
AB727,4 16Section 4. 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., and
17343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read:
AB727,4,2118 343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and
19(b), and except as provided in subd. 2m., valid documentary proof that the individual
20is a citizen or national of the United States or an alien lawfully admitted for
21permanent or temporary residence in the United States or has any of the following:
AB727,5 22Section 5. 343.14 (2) (es) 2m. of the statutes is created to read:
AB727,5,223 343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if
24the application is for an operator's license that contains the marking specified in s.

1343.03 (3r) or an identification card that contains the marking specified in s. 343.50
2(3) (b).
AB727,6 3Section 6. 343.14 (2j) of the statutes, as affected by 2017 Wisconsin Act 59, is
4amended to read:
AB727,5,175 343.14 (2j) Except as otherwise required to administer and enforce this
6chapter, the department of transportation may not disclose a social security number
7obtained from an applicant for a license under sub. (2) (bm) to any person except to
8the department of children and families for the sole purpose of administering s.
949.22, to the department of workforce development for the sole purpose of enforcing
10or administering s. 108.22, to the department of revenue for the purposes of
11administering state taxes and collecting debt, to the driver licensing agency of
12another jurisdiction, or to the elections commission for the sole purpose of allowing
13the chief election officer to comply with the terms of the agreement under s. 6.36 (1)
14(ae). The department of transportation may not disclose to any person the fact that
15an applicant has provided verification under s. 343.165 (7) (c) 2. that the applicant
16does not have a social security number, except to the government accountability
17board for purposes of administering the agreement described in s. 5.056.
AB727,7 18Section 7. 343.165 (1) (c) of the statutes is amended to read:
AB727,5,2119 343.165 (1) (c) Proof of the applicant's social security number or, except as
20provided in sub. (7) (c) 2. and s. 343.14 (2g) (a) 4., verification that the applicant is
21not eligible for a social security number.
AB727,8 22Section 8. 343.165 (1) (e) of the statutes is amended to read:
AB727,5,2523 343.165 (1) (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., and
24except as provided in sub. (7) (c) 1. and s. 343.14 (2) (es) 2m.,
the documentary proof
25described in s. 343.14 (2) (es) 1m.
AB727,9
1Section 9. 343.165 (3) (b) of the statutes is amended to read:
AB727,6,42 343.165 (3) (b) The department may not accept any foreign document, other
3than an official passport, to satisfy a requirement under sub. (1). This paragraph
4does not apply to an application processed under sub. (7) (c).
AB727,10 5Section 10. 343.165 (3) (c) of the statutes is amended to read:
AB727,6,126 343.165 (3) (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents
7a social security number that is already registered to or associated with another
8person, the department shall direct the applicant to investigate and take appropriate
9action to resolve the discrepancy and shall not issue any operator's license or
10identification card until the discrepancy is resolved. The department shall adopt
11procedures for purposes of verifying that an applicant is not eligible for a social
12security number, except with respect to applications processed under sub. (7) (c).
AB727,11 13Section 11. 343.165 (4) (b) of the statutes is amended to read:
AB727,6,1814 343.165 (4) (b) The department shall establish an effective procedure to
15confirm or verify an applicant's information for purposes of any application described
16in par. (a). The procedure shall include verification of the applicant's social security
17number or, except with respect to applications processed under sub. (7) (c),
18ineligibility for a social security number.
AB727,12 19Section 12. 343.165 (4) (d) of the statutes is amended to read:
AB727,7,320 343.165 (4) (d) With any license or identification card renewal following a
21license or identification card expiration established under s. 343.20 (1) (a) or (1m) or
22343.50 (5) (bm) or (c) at other than an 8-year interval, the department may
23determine whether the applicant's photograph is to be taken, or if the renewal is for
24a license the applicant is to be examined, or both, at the time of such renewal, so long
25as the applicant's photograph is taken, and if the renewal is for a license the

1applicant is examined, with a license or card renewal at least once every 8 years and
2the applicant's license or identification card at all times includes a photograph unless
3an exception under s. 343.14 (3m) or 343.50 (4g) applies.
AB727,13 4Section 13. 343.165 (7) (a) (intro.) of the statutes is amended to read:
AB727,7,75 343.165 (7) (a) (intro.) The Subject to par. (c), the department may process an
6application for, and issue or renew, an operator's license or identification card
7without meeting the requirements under subs. (2) and (3) if all of the following apply:
AB727,14 8Section 14. 343.165 (7) (c) of the statutes is created to read:
AB727,7,149 343.165 (7) (c) 1. Notwithstanding s. 343.14 (2) (f), in processing an application
10for, and issuing or renewing, an operator's license that contains the marking
11specified in s. 343.03 (3r) or an identification card that contains the marking
12specified in s. 343.50 (3) (b), the department may not include any question or require
13any proof or documentation as to whether the applicant is a citizen or national of the
14United States or lawfully present in the United States.
AB727,7,1815 2. For an application processed under this paragraph, if the applicant does not
16provide proof of the applicant's social security number, the applicant shall provide
17verification, in the manner described in s. 343.14 (2) (br) 2., that the applicant does
18not have a social security number.
AB727,7,2519 3. If the department issues an operator's license to an applicant who provides
20verification under subd. 2. that he or she does not have a social security number, the
21applicant shall, no later than 30 days after initial issuance of the license and each
22license renewal, provide to the department proof of compliance with s. 344.62 (1) for
23each motor vehicle owned by the applicant or leased by the applicant for a period of
24one year or more. No proof is required of an applicant under this subdivision unless
25the applicant owns or leases a motor vehicle in this state.
AB727,15
1Section 15. 343.17 (3) (a) 16. of the statutes is created to read:
AB727,8,42 343.17 (3) (a) 16. If the license is marked as provided in s. 343.03 (3r) and the
3license applicant did not provide a verified social security number with the license
4application, the words “Not valid for voting purposes."
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