LRB-4553/1
JK/AG/MP/MD:vne&kjf
2017 - 2018 LEGISLATURE
October 27, 2017 - Introduced by Senators Petrowski, Wanggaard, Bewley,
Carpenter, Miller, Ringhand and L. Taylor, cosponsored by Representatives
Mursau, Edming, Ballweg, Berceau, Considine, Genrich, Horlacher,
Kolste, Milroy, Ohnstad, Skowronski, Spiros, Spreitzer, Subeck, C. Taylor
and Tusler. Referred to Committee on Government Operations, Technology
and Consumer Protection.
SB488,1,4
1An Act to amend 125.085 (3) (a) 3. and 134.405 (3) (a) 1.; and
to create 6.34 (3)
2(a) 13., 125.085 (1) (f), 134.66 (1) (c) 4., 134.695 (1) (cm), 134.695 (2) (b) 6., 134.71
3(8) (a) 10. and 450.11 (1b) (a) 2. e. of the statutes;
relating to: using a tribal
4identification card for various purposes.
Analysis by the Legislative Reference Bureau
This bill allows an individual to use an identification card issued by a federally
recognized Indian tribe in this state as proof of residence for voter registration
purposes if the identification card indicates the individual's current and complete
name and residential address. Current law allows an individual to use an
identification card issued by a federally recognized Indian tribe in this state as proof
of identification for voting purposes.
This bill expands the definition of “official identification card," for purposes
related to purchasing alcohol beverages, to include a valid identification card issued
by a federally recognized Indian tribe in this state that contains the card holder's
photograph, full name, address, and date of birth. Current law does not require a
person to present an official identification card in order to purchase alcohol
beverages. However, a licensed retailer of alcohol beverages may require a person
to present an official identification card, documentary proof of age, a driver's license
issued by another state, or any other form of identification or proof of age acceptable
to the retailer before providing alcohol beverages to the person or allowing the person
to enter the retail licensed premises. In addition, current law imposes a variety of
penalties for various offenses relating to the falsification, adulteration, or misuse of
an official identification card.
The bill also allows an individual to use a valid identification card issued by a
federally recognized Indian tribe in this state that contains the card holder's
photograph, full name, address, and date of birth for the purpose of certain sales and
purchases that, under current law, require the seller or purchaser to present a valid
identification card, including 1) purchasing cigarettes, nicotine products, or tobacco
products; 2) selling nonferrous scrap and other metal articles to a scrap dealer; 3)
selling used home furnishings to an antique dealer or recycler; and 4) selling
secondhand articles or secondhand jewelry to a pawnbroker, secondhand article
dealer, or secondhand jewelry dealer.
Finally, current law prohibits certain prescribed controlled substances from
being dispensed to an individual by a pharmacist or other practitioner unless the
individual presents valid identification. The bill adds to the list of valid forms of
identification for this purpose a valid identification card issued by a federally
recognized Indian tribe in this state that contains the card holder's photograph, full
name, address, and date of birth.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB488,1
1Section
1. 6.34 (3) (a) 13. of the statutes is created to read:
SB488,2,32
6.34
(3) (a) 13. An identification card issued by a federally recognized Indian
3tribe in this state.
SB488,2
4Section
2. 125.085 (1) (f) of the statutes is created to read:
SB488,2,75
125.085
(1) (f) A valid identification card issued by a federally recognized
6American Indian tribe or band in this state that contains the card holder's
7photograph, full name, address, and date of birth.
SB488,3
8Section
3. 125.085 (3) (a) 3. of the statutes is amended to read:
SB488,2,119
125.085
(3) (a) 3. Subdivisions 1. and 2. do not apply to a person who is
10authorized to make an official identification card under ch. 343
or under authority
11of a tribal government.
SB488,4
12Section
4. 134.405 (3) (a) 1. of the statutes is amended to read:
SB488,3,11
1134.405
(3) (a) 1. If the seller of nonferrous scrap, metal articles, or proprietary
2articles is an individual, at the time of the sale, the seller provides to the scrap dealer
3the seller's motor vehicle operator's license
, tribal identification card, as defined in
4s. 134.695 (1) (cm), or other government-issued, current photographic identification
5that includes the seller's full name, current address, date of birth, and recognized
6identification number. If the seller is not an individual, at the time of the sale, the
7individual who delivers the seller's nonferrous scrap, metal articles, or proprietary
8articles provides to the dealer the deliverer's motor vehicle operator's license
, tribal
9identification card, as defined in s. 134.695 (1) (cm), or other government-issued,
10current photographic identification that includes the deliverer's full name, current
11address, date of birth, and recognized identification number.
SB488,5
12Section
5. 134.66 (1) (c) 4. of the statutes is created to read:
SB488,3,1313
134.66
(1) (c) 4. A tribal identification card, as defined in s. 134.695 (1) (cm).
SB488,6
14Section
6. 134.695 (1) (cm) of the statutes is created to read:
SB488,3,1715
134.695
(1) (cm) “Tribal identification card” means a valid identification card
16issued by a federally recognized American Indian tribe or band in this state that
17contains the card holder's photograph, full name, address, and date of birth.
SB488,7
18Section
7. 134.695 (2) (b) 6. of the statutes is created to read:
SB488,3,1919
134.695
(2) (b) 6. The person's tribal identification card number.
SB488,8
20Section
8. 134.71 (8) (a) 10. of the statutes is created to read:
SB488,3,2121
134.71
(8) (a) 10. A tribal identification card, as defined in s. 134.695 (1) (cm).
SB488,9
22Section
9. 450.11 (1b) (a) 2. e. of the statutes is created to read:
SB488,3,2323
450.11
(1b) (a) 2. e. A tribal identification card, as defined in s. 134.695 (1) (cm).