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
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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”
.
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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
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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
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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
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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
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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.
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