Senate File 283 - Introduced SENATE FILE 283 BY McCOY A BILL FOR An Act concerning the issuance of limited driver’s licenses 1 and nonoperator’s identification cards to certain foreign 2 nationals. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2301XS (4) 85 dea/nh
S.F. 283 Section 1. Section 321.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 14A. “Consular identification document” 3 means an official identification card issued by a foreign 4 government that meets all of the following requirements: 5 a. The identification card is issued through the foreign 6 government’s consular offices for the purpose of identifying 7 a foreign national who is living outside the foreign 8 jurisdiction. 9 b. The foreign government requires the foreign national 10 to provide proof of nationality that is within the foreign 11 government’s jurisdiction and proof of identity to obtain the 12 identification card. 13 c. The foreign government includes all of the following 14 security features in the identification card: 15 (1) A unique identification number. 16 (2) An optically variable feature such as a hologram or 17 color-shifting inks. 18 (3) An ultraviolet image. 19 (4) Encoded information. 20 (5) Machine-readable technology. 21 (6) Microprinting. 22 (7) Secure laminate. 23 (8) Integrated photograph and signature. 24 d. The identification card includes on its face the name of 25 the individual to whom it is issued, the date of issuance, the 26 date of expiration, the name of the issuing consular office or 27 foreign government, and the unique identification number. The 28 identification card must include an English translation of the 29 data fields. 30 e. The issuing consular office or foreign government has 31 filed with the department a copy of the foreign government’s 32 standard consular identification document and a certification 33 of the procedures that are used to satisfy the requirements of 34 paragraphs “b” and “c” . 35 -1- LSB 2301XS (4) 85 dea/nh 1/ 6
S.F. 283 Sec. 2. Section 321.182, subsection 1, paragraph a, Code 1 2013, is amended to read as follows: 2 a. Make application on a form provided by the department 3 which shall include the applicant’s full name, signature, 4 current mailing address, current residential address, date 5 of birth, social security number, and physical description 6 including sex, height, and eye color. The application may 7 contain other information the department may require by rule. 8 Pursuant to procedures established by the department and for 9 an applicant who is a foreign national temporarily present 10 in this state or an applicant for a limited driver’s license 11 issued under section 321.182A , the department may waive the 12 requirement that the application include the applicant’s social 13 security number. 14 Sec. 3. NEW SECTION . 321.182A Limited driver’s license. 15 1. The department may issue a limited driver’s license, 16 valid for a period of two years, to a person who is a resident 17 of this state, who is otherwise eligible for a driver’s license 18 but does not present a social security number or documentation 19 of authorized presence issued by the United States citizenship 20 and immigration services. 21 2. In addition to other documents accepted by the department 22 under administrative rules to establish the identity and 23 date of birth of an applicant for a driver’s license, if the 24 applicant is applying for a limited driver’s license under 25 this section, the department may accept a valid unexpired 26 passport from the applicant’s country of citizenship or a valid 27 unexpired consular identification document. 28 3. An applicant for a limited driver’s license who is under 29 eighteen years of age at the time of application is subject to 30 the provisions of sections 321.177, subsection 1, and section 31 321.184. 32 4. Except as otherwise provided by law, a person issued a 33 limited driver’s license is subject to the provisions of this 34 Code and administrative rules to the same extent as a person 35 -2- LSB 2301XS (4) 85 dea/nh 2/ 6
S.F. 283 issued any other driver’s license under this chapter, including 1 but not limited to financial liability coverage requirements 2 under section 321.20B and examination requirements under 3 section 321.186. 4 5. A peace officer shall not detain, arrest, penalize, or 5 discriminate against a person based solely on the person’s 6 presentation of a limited driver’s license. 7 6. For purposes of this chapter, a limited driver’s license 8 constitutes proof of identity to the same extent as any other 9 driver’s license issued pursuant to this chapter. 10 7. The department may adopt rules as necessary to implement 11 this section, including but not limited to rules regarding the 12 design and content of the limited driver’s license; alternative 13 identifying numbers to be used by the department to establish 14 the identity of an applicant, including a federal individual 15 taxpayer identification number; the issuance of limited 16 driver’s license instruction permits; and appropriate fees 17 to be charged for issuance of limited driver’s licenses and 18 instruction permits. 19 8. Notwithstanding section 321.11 or any other provision 20 of law to the contrary, in any disclosure pertaining to a 21 licensee, the department shall not distinguish between limited 22 driver’s license status and any other licensure status. 23 Sec. 4. Section 321.189, Code 2013, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 9. Limited driver’s license. In addition 26 to any other requirements applicable to the license, a limited 27 driver’s license shall contain on its face the words “not valid 28 for certain federal purposes”. 29 Sec. 5. Section 321.190, subsection 1, paragraph b, Code 30 2013, is amended by adding the following new subparagraph: 31 NEW SUBPARAGRAPH . (5) A nonoperator’s identification 32 card issued to a foreign national who meets the eligibility 33 requirements under section 321.182A shall contain the same 34 information as any other nonoperator’s identification card 35 -3- LSB 2301XS (4) 85 dea/nh 3/ 6
S.F. 283 except the words “not valid for certain federal purposes” shall 1 appear prominently on the face of the card. 2 Sec. 6. Section 321.190, subsection 1, paragraph d, Code 3 2013, is amended to read as follows: 4 d. The fee for a nonoperator’s identification card shall 5 be five dollars and the card shall be valid for a period 6 of five years from the date of issuance. A nonoperator’s 7 identification card shall be issued without expiration 8 to anyone age seventy or over. If an applicant for a 9 nonoperator’s identification card is a foreign national 10 who is temporarily present in this state, the nonoperator’s 11 identification card shall be issued only for the length of time 12 the foreign national is authorized to be present as determined 13 by the department, not to exceed two years. If an applicant 14 for a nonoperator’s identification card is a foreign national 15 who meets the eligibility requirements under section 321.182A, 16 the nonoperator’s identification card shall be valid for two 17 years. An issuance fee shall not be charged for a person whose 18 driver’s license or driving privilege has been suspended under 19 section 321.210, subsection 1 , paragraph “a” , subparagraph (3). 20 Sec. 7. Section 321.196, subsection 1, Code 2013, is amended 21 to read as follows: 22 1. Except as otherwise provided, a driver’s license, other 23 than an instruction permit, chauffeur’s instruction permit, or 24 commercial driver’s instruction permit issued under section 25 321.180 , expires five years from the licensee’s birthday 26 anniversary occurring in the year of issuance if the licensee 27 is between the ages of seventeen years eleven months and 28 seventy years on the date of issuance of the license. If the 29 licensee is under the age of seventeen years eleven months or 30 age seventy or over, the license is effective for a period of 31 two years from the licensee’s birthday anniversary occurring in 32 the year of issuance. A licensee whose license is restricted 33 due to vision or other physical deficiencies may be required 34 to renew the license every two years. If a licensee is a 35 -4- LSB 2301XS (4) 85 dea/nh 4/ 6
S.F. 283 foreign national who is temporarily present in this state, 1 the license shall be issued only for the length of time the 2 foreign national is authorized to be present as verified by 3 the department, not to exceed two years. A limited driver’s 4 license issued pursuant to section 321.182A shall be issued for 5 two years and may be renewed. 6 EXPLANATION 7 This bill provides for the issuance of a limited driver’s 8 license or nonoperator’s identification card to a person 9 who presents a consular identification document as proof of 10 identification and date of birth. 11 The bill defines “consular identification document” as an 12 official identification card issued by a foreign government, 13 through the foreign government’s consular offices, for the 14 purpose of identifying a foreign national who is living 15 outside the foreign jurisdiction. The definition specifies 16 security attributes that a consular identification document 17 must have, and content the document must contain. The document 18 must include an English translation of the data fields. The 19 definition also requires that a copy of the standard document 20 issued by the consular office or foreign government be filed 21 with the department of transportation along with certification 22 of procedures used to ascertain the identity of a person 23 to whom a consular identification document is issued and 24 procedures used to satisfy the specified security requirements 25 of the document. 26 Under the bill, the department of transportation may issue a 27 limited driver’s license to a person who is otherwise qualified 28 for a driver’s license but does not present a social security 29 number or document of authorized presence issued by the United 30 States citizenship and immigration services. The department 31 may accept an unexpired passport from the applicant’s country 32 of citizenship or a valid unexpired consular identification 33 document as proof of identification and date of birth. The 34 bill specifies that a person with a limited driver’s license is 35 -5- LSB 2301XS (4) 85 dea/nh 5/ 6
S.F. 283 subject to all of the Code provisions and administrative rules 1 applicable to a person with any other type of driver’s license, 2 including provisions relating to drivers under 18 years of age, 3 examination requirements, and financial liability coverage 4 requirements. For purposes of Code chapter 321 relating to the 5 regulation of motor vehicles and motor vehicle operators, a 6 limited driver’s license constitutes proof of identification 7 to the same extent as any other driver’s license. However, a 8 limited driver’s license must have on its face the words “not 9 valid for certain federal purposes”. The bill provides that a 10 limited driver’s license shall be valid for two years and may 11 be renewed. The department of transportation is prohibited 12 from distinguishing between limited driver’s license status 13 and any other licensure status in any disclosure pertaining to 14 a licensee. The department may adopt rules relating to the 15 issuance of limited driver’s licenses and instruction permits, 16 including providing for appropriate license fees. 17 The bill also provides for the issuance of nonoperator’s 18 identification cards to applicants who meet the eligibility 19 requirements for a limited driver’s license. 20 -6- LSB 2301XS (4) 85 dea/nh 6/ 6