House Study Bill 753
HOUSE FILE
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CHAIRPERSON HUSER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the issuance of driver's licenses and
2 nonoperator's identification cards in compliance with the
3 federal REAL ID Act of 2005.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6529HC 82
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PAG LIN
1 1 Section 1. Section 321.1, Code 2007, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 58A. "REAL ID driver's license" means a
1 4 driver's license issued in compliance with 6 C.F.R. pt. 37.
1 5 NEW SUBSECTION. 58B. "REAL ID nonoperator's
1 6 identification card" means a nonoperator's identification card
1 7 issued in compliance with 6 C.F.R. pt. 37.
1 8 Sec. 2. Section 321.12, subsection 1, Code 2007, is
1 9 amended to read as follows:
1 10 1. The director may destroy any records of the department
1 11 which have been maintained on file for three years which the
1 12 director deems obsolete and of no further service in carrying
1 13 out the powers and duties of the department, except as
1 14 otherwise provided in this section. Records of the department
1 15 relating to the issuance of REAL ID driver's licenses and REAL
1 16 ID nonoperator's identification cards shall be maintained in
1 17 accordance with rules adopted by the department.
1 18 Sec. 3. Section 321.182, Code 2007, is amended by adding
1 19 the following new subsection:
1 20 NEW SUBSECTION. 5. If applying for a REAL ID driver's
1 21 license, provide necessary documentation as established by
1 22 rule by the department.
1 23 Sec. 4. Section 321.189, subsection 2, Code Supplement
1 24 2007, is amended by adding the following new paragraph:
1 25 NEW PARAGRAPH. cc. REAL ID driver's licenses may contain
1 26 additional information as required under rules of the
1 27 department.
1 28 Sec. 5. Section 321.190, subsection 1, paragraphs a and d,
1 29 Code 2007, are amended to read as follows:
1 30 a. The department shall, upon application and payment of
1 31 the required fee, issue to an applicant a nonoperator's
1 32 identification card. To be valid the card shall bear a
1 33 distinguishing number other than a social security number
1 34 assigned to the cardholder, the full name, date of birth, sex,
1 35 residence address, a physical description and a colored
2 1 photograph of the cardholder, the usual signature of the
2 2 cardholder, and such other information as the department may
2 3 require by rule. An applicant for a nonoperator's
2 4 identification card shall apply for the card in the manner
2 5 provided in section 321.182, subsections 1 through 3. If the
2 6 application is for a REAL ID nonoperator's identification
2 7 card, requirements under section 321.182, subsection 5, shall
2 8 also apply. The card shall be issued to the applicant at the
2 9 time of application pursuant to procedures established by
2 10 rule. An applicant for a nonoperator's identification card
2 11 who is required by 50 U.S.C. app. } 451 et seq. to register
2 12 with the United States selective service system shall be
2 13 registered by the department with the selective service system
2 14 as provided in section 321.183.
2 15 d. The fee for a nonoperator's identification card shall
2 16 be five dollars and the card shall be valid for a period of
2 17 five years from the date of issuance. A nonoperator's
2 18 identification card shall be issued without expiration to
2 19 anyone age seventy or over. If an applicant for a
2 20 nonoperator's identification card is a foreign national who is
2 21 temporarily present in this state, the nonoperator's
2 22 identification card shall be issued only for the length of
2 23 time the foreign national is authorized to be present as
2 24 determined by the department, not to exceed two years. If an
2 25 applicant for a REAL ID nonoperator's identification card is a
2 26 foreign national who is temporarily present in this state, a
2 27 REAL ID nonoperator's identification card shall be issued only
2 28 for the length of time the foreign national is authorized to
2 29 be present as verified by the department, not to exceed one
2 30 year. An issuance fee shall not be charged for a person whose
2 31 driver's license or driving privilege has been suspended under
2 32 section 321.210, subsection 1, paragraph "c". The
2 33 nonoperator's identification card fees shall be transmitted by
2 34 the department to the treasurer of state who shall credit the
2 35 fees to the road use tax fund.
3 1 The nonoperator's identification card fees shall be
3 2 transmitted by the department to the treasurer of state who
3 3 shall credit the fees to the road use tax fund.
3 4 Sec. 6. Section 321.190, Code 2007, is amended by adding
3 5 the following new subsection:
3 6 NEW SUBSECTION. 3. REAL ID NONOPERATOR'S IDENTIFICATION
3 7 CARD.
3 8 a. REAL ID nonoperator's identification cards may contain
3 9 additional information as required pursuant to rules of the
3 10 department.
3 11 b. Fees for REAL ID nonoperator's identification cards
3 12 shall be adjusted to recover additional costs incurred for
3 13 issuance of the REAL ID nonoperator's identification cards as
3 14 established by the department by rule.
3 15 Sec. 7. Section 321.191, Code 2007, is amended by adding
3 16 the following new subsection:
3 17 NEW SUBSECTION. 11. REAL ID DRIVER'S LICENSES. Fees for
3 18 REAL ID driver's licenses shall be adjusted to recover
3 19 additional costs incurred for issuance of the REAL ID driver's
3 20 licenses as established by the department by rule.
3 21 Sec. 8. Section 321.195, Code 2007, is amended to read as
3 22 follows:
3 23 321.195 DUPLICATE DRIVER'S LICENSES AND NONOPERATOR'S
3 24 IDENTIFICATION CARDS.
3 25 If a driver's license or nonoperator's identification card
3 26 issued under this chapter is lost or destroyed, the person to
3 27 whom the license or card was issued may, upon payment of a fee
3 28 of three dollars for a driver's license or nonoperator's
3 29 identification card, obtain a duplicate, or substitute, upon
3 30 furnishing proof satisfactory to the department that the
3 31 driver's license or nonoperator's identification card has been
3 32 lost or destroyed. A fee of one dollar shall be charged for
3 33 the voluntary replacement of a driver's license or
3 34 nonoperator's identification card. Fees for duplicate REAL ID
3 35 driver's licenses and duplicate REAL ID nonoperator's
4 1 identification cards shall be adjusted to recover additional
4 2 costs incurred for issuance of the duplicate REAL ID driver's
4 3 licenses and duplicate REAL ID nonoperator's identification
4 4 cards as established by the department by rule.
4 5 Sec. 9. Section 321.196, subsection 1, Code 2007, is
4 6 amended to read as follows:
4 7 1. Except as otherwise provided, a driver's license, other
4 8 than an instruction permit, chauffeur's instruction permit, or
4 9 commercial driver's instruction permit issued under section
4 10 321.180, expires five years from the licensee's birthday
4 11 anniversary occurring in the year of issuance if the licensee
4 12 is between the ages of seventeen years eleven months and
4 13 seventy years on the date of issuance of the license. If the
4 14 licensee is under the age of seventeen years eleven months or
4 15 age seventy or over, the license is effective for a period of
4 16 two years from the licensee's birthday anniversary occurring
4 17 in the year of issuance. A licensee whose license is
4 18 restricted due to vision or other physical deficiencies may be
4 19 required to renew the license every two years. If a licensee
4 20 is a foreign national who is temporarily present in this
4 21 state, the license shall be issued only for the length of time
4 22 the foreign national is authorized to be present as determined
4 23 by the department, not to exceed two years. If a licensee is
4 24 a foreign national who is temporarily present in this state, a
4 25 REAL ID driver's license shall be issued only for the length
4 26 of time the foreign national is authorized to be present as
4 27 verified by the department, not to exceed one year.
4 28 Sec. 10. Section 321.198, Code 2007, is amended by adding
4 29 the following new unnumbered paragraph:
4 30 NEW UNNUMBERED PARAGRAPH. This section shall not apply to
4 31 REAL ID driver's licenses.
4 32 Sec. 11. Section 321.199, Code 2007, is amended by adding
4 33 the following new subsection:
4 34 NEW SUBSECTION. 4. Records of the department relating to
4 35 the issuance of REAL ID driver's licenses and REAL ID
5 1 nonoperator's identification cards in accordance with rules
5 2 adopted by the department.
5 3 Sec. 12. Section 321.192, Code 2007, is repealed.
5 4 EXPLANATION
5 5 This bill provides rulemaking authority to the department
5 6 of transportation to facilitate compliance with the federal
5 7 REAL ID Act of 2005. Pursuant to proposed federal rules, to
5 8 be codified at 6 C.F.R. pt. 37, a state's driver's licenses
5 9 and identification cards will not be accepted for certain
5 10 federal purposes, such as boarding a plane or entering certain
5 11 federal facilities, after May 11, 2008, unless the state
5 12 applies for an extension of the May 11 deadline for compliance
5 13 with the federal REAL ID Act. In order to qualify for an
5 14 extension, the state must establish a program for issuance of
5 15 REAL ID driver's licenses and identification cards. Rules
5 16 authorized under the bill relate only to Iowa driver's
5 17 licenses and nonoperator's identification cards that will be
5 18 issued to be compliant with the federal REAL ID Act. The new
5 19 rules shall provide for the filing of records and retention of
5 20 records, documentation that may be required of applicants,
5 21 content of REAL ID driver's licenses and nonoperator's
5 22 identification cards, and establishment of fees to cover costs
5 23 incurred by the department. Current law will continue to
5 24 apply for driver's licenses and nonoperator's identification
5 25 cards that are not issued to be compliant with the federal
5 26 REAL ID Act.
5 27 The bill provides definitions of "REAL ID driver's license"
5 28 and "REAL ID nonoperator's identification card" to mean a
5 29 driver's license or nonoperator's identification card issued
5 30 in compliance with the federal REAL ID regulations. The bill
5 31 specifies that a REAL ID driver's license or nonoperator's
5 32 identification card issued to a foreign national who is
5 33 temporarily present in the state shall be issued only for the
5 34 length of time the person is authorized to be present, not to
5 35 exceed one year. A provision under current law that extends
6 1 the validity of a military person's driver's license for six
6 2 months following initial separation from military service is
6 3 not applicable to a person with a REAL ID driver's license
6 4 under the bill. The bill repeals the department's authority
6 5 to waive or refund fees if the department determines that the
6 6 service standard for timely issuance of driver's licenses or
6 7 nonoperator's identification cards has not been met or if an
6 8 error on the license or identification card requires the
6 9 applicant to return to a driver's license station operated by
6 10 the department.
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