Wisconsin Legislative Council ACT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Prepared by: Anna Henning, Principal Attorney March 20, 2024 2023 Wisconsin Act 114 [2023 Senate Bill 310] Use of a State Identification Card to Establish Residency BACKGROUND Generally, Wisconsin law provides differing fees and licensing structures for Wisconsin residents and nonresidents with respect to various programs and approvals administered by the Department of Natural Resources (DNR). For example, the statutes distinguish between residents and nonresidents for purposes of certain hunting and fishing licenses and authorizations, as well as for fees for accessing or reserving certain recreational facilities in this state. In this context, “resident” means a person who has maintained his or her place of permanent abode in Wisconsin for a period of at least 30 days, with “domiciliary intent.” Among other types of evidence a person may provide to establish domiciliary intent, current law provides that the location where a person obtains a driver’s license is evidence of domiciliary intent. 2023 WISCONSIN ACT 114 2023 Wisconsin Act 114 makes two changes to current law regarding establishing residency for purposes of various fees and approvals administered by DNR. First the act clarifies that the location where a person obtains a state identification card is evidence of domiciliary intent for purposes of establishing such residency, similar to the evidence provided by a driver’s license under current law. Second, the act requires the Department of Transportation (DOT) to provide records relating to state- issued driver’s licenses and identification cards to DNR for the sole purpose of verifying an applicant’s residency. 1 Effective date: September 1, 2024 For a full history of the bill, visit the Legislature’s bill history page. AH:jal 1 Currently, DOT provides access to certain records relating to driver’s licenses to DNR pursuant to a memorandum of understanding negotiated by the two departments.