2015 - 2016 LEGISLATURE
September 11, 2015 - Introduced by Senators Risser, Carpenter, Erpenbach,
Harris Dodd, Miller, L. Taylor and Vinehout, cosponsored by
Representatives Zamarripa, Zepnick, Mason, Barnes, Berceau, Bowen,
Brostoff, Genrich, Goyke, Hesselbein, Hintz, Johnson, Kessler, Ohnstad,
Pope, Riemer, Sargent, Sinicki, Spreitzer, Stuck, Subeck and C. Taylor.
Referred to Committee on Transportation and Veterans Affairs.
SB258,1,9 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
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 the Department of Transportation (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 Government Accountability Board.
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:
SB258,1 1Section 1. 343.03 (3m) of the statutes is amended to read:
SB258,3,72 343.03 (3m) Noncitizen temporary 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) 4. to 7. 1m. d. to g., the license shall display on the
5front side of the license, in addition to any legend or label described in sub. (3), a
6legend identifying the license as temporary. This noncitizen temporary license may
7not be renewed except as provided in s. 343.165 (4) (c).
SB258,2 8Section 2. 343.14 (2) (br) of the statutes is renumbered 343.14 (2) (br) 1. and
9amended to read:
SB258,4,310 343.14 (2) (br) 1. If Except as provided in subd. 2., if the applicant does not have
11a social security number, a statement made or subscribed under oath or affirmation
12that the applicant does not have a social security number and is not eligible for a
13social security number. The statement shall provide the basis or reason that the
14applicant is not eligible for a social security number, as well as any information
15requested by the department that may be needed by the department for purposes of
16verification under s. 343.165 (1) (c). The form of the statement shall be prescribed

1by the department, with the assistance of the department of children and families.
2A license that is issued or renewed under s. 343.17 in reliance on a statement
3submitted under this paragraph subdivision is invalid if the statement is false.
SB258,3 4Section 3. 343.14 (2) (br) 2. of the statutes is created to read:
SB258,4,125 343.14 (2) (br) 2. If the applicant does not have a social security number and
6the application is for an operator's license that contains the marking specified in s.
7343.03 (3r) or an identification card that contains the marking specified in s. 343.50
8(3) (b), a statement made or subscribed under oath or affirmation that the applicant
9does not have a social security number. The form of the statement shall be prescribed
10by the department, with the assistance of the department of children and families.
11A license that is issued or renewed under s. 343.17 in reliance on a statement
12submitted under this subdivision is invalid if the statement is false.
SB258,4 13Section 4. 343.14 (2) (es) of the statutes is renumbered 343.14 (2) (es) 1m., and
14343.14 (2) (es) 1m. (intro.), as renumbered, is amended to read:
SB258,4,1815 343.14 (2) (es) 1m. (intro.) Subject to sub. (2g) (a) 2. d. and s. 343.125 (2) (a) and
16(b), and except as provided in subd. 2m., valid documentary proof that the individual
17is a citizen or national of the United States or an alien lawfully admitted for
18permanent or temporary residence in the United States or has any of the following:
SB258,5 19Section 5. 343.14 (2) (es) 2m. of the statutes is created to read:
SB258,4,2320 343.14 (2) (es) 2m. Valid documentary proof under subd. 1m. is not required if
21the application is for an operator's license that contains the marking specified in s.
22343.03 (3r) or an identification card that contains the marking specified in s. 343.50
23(3) (b).
SB258,6 24Section 6. 343.14 (2j) of the statutes is amended to read:
SB258,5,12
1343.14 (2j) Except as otherwise required to administer and enforce this
2chapter, the department of transportation may not disclose a social security number
3obtained from an applicant for a license under sub. (2) (bm) to any person except to
4the department of children and families for the sole purpose of administering s.
549.22, to the department of workforce development for the sole purpose of enforcing
6or administering s. 108.22, to the department of revenue for the purposes of
7administering state taxes and collecting debt, or to the driver licensing agency of
8another jurisdiction. The department of transportation may not disclose to any
9person the fact that an applicant has provided verification under s. 343.165 (7) (c) 2.
10that the applicant does not have a social security number, except to the government
11accountability board for purposes of administering the agreement described in s.
125.056.
SB258,7 13Section 7. 343.165 (1) (c) of the statutes is amended to read:
SB258,5,1614 343.165 (1) (c) Proof of the applicant's social security number or, except as
15provided in sub. (7) (c) 2. and s. 343.14 (2g) (a) 4., verification that the applicant is
16not eligible for a social security number.
SB258,8 17Section 8. 343.165 (1) (e) of the statutes is amended to read:
SB258,5,2018 343.165 (1) (e) Subject to ss. 343.125 (2) (a) and (b) and 343.14 (2g) (a) 2. d., and
19except as provided in sub. (7) (c) 1. and s. 343.14 (2) (es) 2m.,
the documentary proof
20described in s. 343.14 (2) (es) 1m.
SB258,9 21Section 9. 343.165 (3) (b) of the statutes is amended to read:
SB258,5,2422 343.165 (3) (b) The department may not accept any foreign document, other
23than an official passport, to satisfy a requirement under sub. (1). This paragraph
24does not apply to an application processed under sub. (7) (c).
SB258,10 25Section 10. 343.165 (3) (c) of the statutes is amended to read:
SB258,6,7
1343.165 (3) (c) For purposes of par. (a) and sub. (1) (c), if an applicant presents
2a social security number that is already registered to or associated with another
3person, the department shall direct the applicant to investigate and take appropriate
4action to resolve the discrepancy and shall not issue any operator's license or
5identification card until the discrepancy is resolved. The department shall adopt
6procedures for purposes of verifying that an applicant is not eligible for a social
7security number, except with respect to applications processed under sub. (7) (c).
SB258,11 8Section 11. 343.165 (4) (b) of the statutes is amended to read:
SB258,6,139 343.165 (4) (b) The department shall establish an effective procedure to
10confirm or verify an applicant's information for purposes of any application described
11in par. (a). The procedure shall include verification of the applicant's social security
12number or, except with respect to applications processed under sub. (7) (c),
13ineligibility for a social security number.
SB258,12 14Section 12. 343.165 (4) (d) of the statutes is amended to read:
SB258,6,2315 343.165 (4) (d) With any license or identification card renewal following a
16license or identification card expiration established under s. 343.20 (1) (a) or (1m) or
17343.50 (5) (bm) or (c) at other than an 8-year interval, the department may
18determine whether the applicant's photograph is to be taken, or if the renewal is for
19a license the applicant is to be examined, or both, at the time of such renewal, so long
20as the applicant's photograph is taken, and if the renewal is for a license the
21applicant is examined, with a license or card renewal at least once every 8 years and
22the applicant's license or identification card at all times includes a photograph unless
23an exception under s. 343.14 (3m) or 343.50 (4g) applies.
SB258,13 24Section 13. 343.165 (7) (a) (intro.) of the statutes is amended to read:
SB258,7,3
1343.165 (7) (a) (intro.) The Subject to par. (c), the department may process an
2application for, and issue or renew, an operator's license or identification card
3without meeting the requirements under subs. (2) and (3) if all of the following apply:
SB258,14 4Section 14. 343.165 (7) (c) of the statutes is created to read:
SB258,7,105 343.165 (7) (c) 1. Notwithstanding s. 343.14 (2) (f), in processing an application
6for, and issuing or renewing, an operator's license that contains the marking
7specified in s. 343.03 (3r) or an identification card that contains the marking
8specified in s. 343.50 (3) (b), the department may not include any question or require
9any proof or documentation as to whether the applicant is a citizen or national of the
10United States or lawfully present in the United States.
SB258,7,1411 2. For an application processed under this paragraph, if the applicant does not
12provide proof of the applicant's social security number, the applicant shall provide
13verification, in the manner described in s. 343.14 (2) (br) 2., that the applicant does
14not have a social security number.
SB258,7,2115 3. If the department issues an operator's license to an applicant who provides
16verification under subd. 2. that he or she does not have a social security number, the
17applicant shall, no later than 30 days after initial issuance of the license and each
18license renewal, provide to the department proof of compliance with s. 344.62 (1) for
19each motor vehicle owned by the applicant or leased by the applicant for a period of
20one year or more. No proof is required of an applicant under this subdivision unless
21the applicant owns or leases a motor vehicle in this state.
SB258,15 22Section 15. 343.17 (3) (a) 16. of the statutes is created to read:
SB258,7,2523 343.17 (3) (a) 16. If the license is marked as provided in s. 343.03 (3r) and the
24license applicant did not provide a verified social security number with the license
25application, the words "Not valid for voting purposes."
SB258,16
1Section 16. 343.20 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
2is amended to read:
SB258,8,163 343.20 (1) (a) Except as otherwise expressly provided in this chapter,
4probationary licenses issued under s. 343.085 shall expire 2 years from the date of
5the applicant's next birthday. Licenses issued after cancellation shall expire on the
6expiration date for the prior license at the time of cancellation. Subject to s. 343.125
7(3), all other licenses and license endorsements shall expire 8 years after the date of
8issuance or, if the license application was processed under s. 343.165 (7) (c) and the
9applicant did not provide a verified social security number, 2 years after the date of
10issuance
. The department may institute any system of initial license issuance which
11it deems advisable for the purpose of gaining a uniform rate of renewals. In order
12to put such a system into operation, the department may issue licenses which are
13valid for any period less than the ordinary effective period of such license. If the
14department issues a license that is valid for less than the ordinary effective period
15as authorized by this paragraph, the fees due under s. 343.21 (1) (b) and (d) shall be
16prorated accordingly.
SB258,17 17Section 17. 343.20 (1) (f) of the statutes is amended to read:
SB258,8,2318 343.20 (1) (f) The department shall cancel an operator's license, regardless of
19the license expiration date, if the department receives information from a local, state,
20or federal government agency that the licensee no longer satisfies the requirements
21for issuance of a license under ss. 343.14 (2) (es) and 343.165 (1) (e). This paragraph
22does not apply to an operator's license if the license application was processed under
23s. 343.165 (7) (c).
SB258,18 24Section 18. 343.20 (1m) of the statutes, as affected by 2015 Wisconsin Act 55,
25is amended to read:
SB258,9,13
1343.20 (1m) Notwithstanding sub. (1) (a), and except as provided in s. 343.165
2(4) (c) and as otherwise provided in this subsection, a license that is issued to a person
3who is not a United States citizen or permanent resident and who provides
4documentary proof of legal status as provided under s. 343.14 (2) (es) 2., 4., 5., 6., or
57.
1m. b., d., e., f., or g. shall expire on the date that the person's legal presence in the
6United States is no longer authorized or on the expiration date determined under
7sub. (1), whichever date is earlier. If the documentary proof as provided under s.
8343.14 (2) (es) 1m. does not state the date that the person's legal presence in the
9United States is no longer authorized, sub. (1) shall apply except that, if the license
10was issued or renewed based upon the person's presenting of any documentary proof
11specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the license shall, subject to s. 343.165
12(4) (c), expire one year after the date of issuance or renewal. This subsection does not
13apply to a license that contains the marking specified in s. 343.03 (3r).
SB258,19 14Section 19. 343.20 (2) (a) of the statutes is amended to read:
SB258,9,2115 343.20 (2) (a) At least 30 days prior to the expiration of an operator's license,
16the department shall provide to the licensee notice of renewal of the license either
17by mail at the licensee's last-known address or, if desired by the licensee, by any
18electronic means offered by the department. If the license was issued or last renewed
19based upon the person's presenting of any documentary proof specified in s. 343.14
20(2) (es) 4. to 7. 1m. d. to g., the notice shall inform the licensee of the requirement
21under s. 343.165 (4) (c).
SB258,20 22Section 20. 343.31 (2v) of the statutes is created to read:
SB258,9,2523 343.31 (2v) The department shall suspend the operating privilege of a person
24who is required to provide proof under s. 343.165 (7) (c) 3. and who fails to provide
25proof within the time specified in s. 343.165 (7) (c) 3. The period of suspension shall

1expire, and the department shall reinstate the person's operating privilege, when the
2person provides the proof required under s. 343.165 (7) (c) 3.
SB258,21 3Section 21. 343.31 (3) (a) of the statutes is amended to read:
SB258,10,64 343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s),
5(2t), (2v), or (2x), all revocations or suspensions under this section shall be for a
6period of one year.
SB258,22 7Section 22. 343.38 (3) of the statutes is amended to read:
SB258,10,168 343.38 (3) Reinstatement after suspension. Except as provided in sub. (2) and
9s. 343.10, the department shall not reinstate the operating privilege of a person
10whose operating privilege has been duly suspended while the suspension remains in
11effect. Subject Except as provided in ss. 343.31 (2v) and 343.39 (1) (d), and subject
12to s. 343.31 (2t) (b), upon the expiration of the period of suspension, the person's
13operating privilege is reinstated upon receipt by the department of the fees specified
14in s. 343.21 (1) (j) and (n) and, for reinstatement of an operating privilege suspended
15under ch. 344, the filing with the department of proof of financial responsibility, if
16required, in the amount, form, and manner specified under ch. 344.
SB258,23 17Section 23. 343.39 (1) (d) of the statutes is created to read:
SB258,10,2018 343.39 (1) (d) When, in the case of a suspension for failure to timely provide
19proof under s. 343.165 (7) (c) 3., such proof is provided. The fees specified in s. 343.21
20(1) (j) and (n) do not apply to a reinstatement under this paragraph.
SB258,24 21Section 24. 343.50 (3) of the statutes is amended to read:
SB258,11,822 343.50 (3) (a) The card shall be the same size as an operator's license but shall
23be of a design which is readily distinguishable from the design of an operator's license
24and bear upon it the words "IDENTIFICATION CARD ONLY." The information on
25the card shall be the same as specified under s. 343.17 (3). If the issuance of the card

1requires the applicant to present any documentary proof specified in s. 343.14 (2) (es)
2 4. to 7. 1m. d. to g., the card shall display, on the front side of the card, a legend
3identifying the card as temporary. The card shall contain physical security features
4consistent with any requirement under federal law. The card may serve as a record
5of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided
6in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2)
7(u). Except as provided in sub. (4g), the card shall contain the holder's photograph
8and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
SB258,11,139 (b) If an identification card is issued based upon the exception specified in s.
10343.165 (7), the card shall, in addition to any other required legend or design, be of
11the design specified under s. 343.17 (3) (a) 14. and include a marking similar or
12identical to the marking described in s. 343.03 (3r) and, if applicable, the words
13specified in s. 343.17 (3) (a) 16
.
SB258,25 14Section 25. 343.50 (5) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
15is amended to read:
SB258,11,1916 343.50 (5) (b) Except as provided in pars. (bm), (c), and (d) and s. 343.165 (4)
17(c), an original or reinstated card shall be valid for the succeeding period of 8 years
18from the applicant's next birthday after the date of issuance, and a renewed card
19shall be valid for the succeeding period of 8 years from the card's last expiration date.
SB258,26 20Section 26. 343.50 (5) (bm) of the statutes is created to read:
SB258,12,221 343.50 (5) (bm) Notwithstanding par. (d), if the identification card application
22was processed under s. 343.165 (7) (c) and the applicant did not provide a verified
23social security number, an original or reinstated card shall be valid for the succeeding
24period of 2 years from the applicant's next birthday after the date of issuance, and

1a renewed card shall be valid for the succeeding period of 2 years from the card's last
2expiration date.
SB258,27 3Section 27. 343.50 (5) (c) of the statutes is amended to read:
SB258,12,164 343.50 (5) (c) Except as provided in s. 343.165 (4) (c) and as otherwise provided
5in this paragraph, an identification card that is issued to a person who is not a United
6States citizen and who provides documentary proof of legal status as provided under
7s. 343.14 (2) (es) 1m. shall expire on the date that the person's legal presence in the
8United States is no longer authorized or on the expiration date determined under
9par. (b), whichever date is earlier. If the documentary proof as provided under s.
10343.14 (2) (es) 1m. does not state the date that the person's legal presence in the
11United States is no longer authorized, then the card shall be valid for the period
12specified in par. (b) except that, if the card was issued or renewed based upon the
13person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4. to 7.
141m. d. to g., the card shall, subject to s. 343.165 (4) (c), expire one year after the date
15of issuance or renewal. This paragraph does not apply to an identification card that
16contains the marking specified in sub. (3) (b).
SB258,28 17Section 28. 343.50 (6) of the statutes is amended to read:
SB258,13,518 343.50 (6) Renewal notice. At least 30 days prior to the expiration of an
19identification card, the department shall provide to the card holder notice of renewal
20of the card either by mail at the card holder's last-known address or, if desired by
21the card holder, by any electronic means offered by the department. If the card was
22issued or last renewed based upon the person's presenting of any documentary proof
23specified in s. 343.14 (2) (es) 4. to 7. 1m. d. to g., the notice shall inform the card holder
24of the requirement under s. 343.165 (4) (c). The department shall include with the
25notice information, as developed by all organ procurement organizations in

1cooperation with the department, that promotes anatomical donations and which
2relates to the anatomical donation opportunity available under s. 343.175. The
3department may renew an identification card by mail or by any electronic means
4available to the department, but the department may not make consecutive renewals
5by mail or electronic means.
SB258,29 6Section 29. 343.50 (8) (c) 6. of the statutes is created to read:
SB258,13,117 343.50 (8) (c) 6. Notwithstanding any other provision of par. (b) and this
8paragraph, the department may not disclose to any person the fact that an applicant
9has provided verification under s. 343.165 (7) (c) 2. that the applicant does not have
10a social security number, except to the government accountability board for purposes
11of administering the agreement described in s. 5.056.
SB258,30 12Section 30. 343.50 (10) (c) of the statutes is amended to read:
SB258,13,1813 343.50 (10) (c) Whenever the department receives information from a local,
14state, or federal government agency that the card holder no longer satisfies the
15requirements for issuance of a card under ss. 343.14 (2) (es) and 343.165 (1) (e). A
16card cancelled under this paragraph may not be reinstated under sub. (5) until these
17requirements are again satisfied. This paragraph does not apply to a card if the card
18application was processed under s. 343.165 (7) (c).
SB258,31 19Section 31. Initial applicability.
SB258,13,2120 (1) This act first applies to applications received by the department of
21transportation on the effective date of this subsection.
SB258,32 22Section 32. Effective date.
SB258,13,2423 (1) This act takes effect on the first day of the 4th month beginning after
24publication.
SB258,13,2525 (End)
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