House
File
2318
-
Introduced
HOUSE
FILE
2318
BY
KOOIKER
A
BILL
FOR
An
Act
concerning
the
issuance
of
temporary
visitor
driver’s
1
licenses
to
certain
foreign
nationals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2318
Section
1.
Section
321.1,
Code
2016,
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
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2318
Sec.
2.
NEW
SECTION
.
321.182A
Temporary
visitor
driver’s
1
license.
2
1.
The
department
may
issue
a
temporary
visitor
driver’s
3
license,
valid
for
a
period
of
two
years,
to
a
person
who
is
4
a
resident
of
this
state,
is
employed
or
is
a
student,
and
5
is
otherwise
eligible
for
a
driver’s
license
but
does
not
6
present
a
social
security
number
or
documentation
of
authorized
7
presence
issued
by
the
department
of
homeland
security,
United
8
States
citizenship
and
immigration
services.
9
2.
In
addition
to
other
documents
accepted
by
the
department
10
under
administrative
rules
to
establish
the
identity
and
11
date
of
birth
of
an
applicant
for
a
driver’s
license,
if
the
12
applicant
is
applying
for
a
temporary
visitor
driver’s
license
13
under
this
section,
the
department
may
accept
a
valid
unexpired
14
passport
from
the
applicant’s
country
of
citizenship
or
a
valid
15
unexpired
consular
identification
document.
16
3.
An
applicant
for
a
temporary
visitor
driver’s
license
17
who
is
under
eighteen
years
of
age
at
the
time
of
application
18
is
subject
to
the
provisions
of
sections
321.177,
subsection
19
1,
and
section
321.184.
20
4.
Except
as
otherwise
provided
by
law,
a
person
issued
a
21
temporary
visitor
driver’s
license
is
subject
to
the
provisions
22
of
this
Code
and
administrative
rules
to
the
same
extent
as
a
23
person
issued
any
other
driver’s
license
under
this
chapter,
24
including
but
not
limited
to
financial
liability
coverage
25
requirements
under
section
321.20B
and
examination
requirements
26
under
section
321.186.
27
5.
A
peace
officer
shall
not
detain,
arrest,
penalize,
or
28
discriminate
against
a
person
based
solely
on
the
person’s
29
presentation
of
a
temporary
visitor
driver’s
license.
30
6.
For
purposes
of
this
chapter,
a
temporary
visitor
31
driver’s
license
constitutes
proof
of
identity
to
the
same
32
extent
as
any
other
driver’s
license
issued
pursuant
to
this
33
chapter.
However,
a
temporary
visitor
driver’s
license
shall
34
not
be
used
to
determine
voting
eligibility
or
eligibility
for
35
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2318
any
license
issued
or
benefit
or
service
provided
by
this
state
1
or
a
political
subdivision
of
this
state.
2
7.
The
department
may
adopt
rules
as
necessary
to
implement
3
this
section,
including
but
not
limited
to
rules
regarding
the
4
design
and
content
of
the
temporary
visitor
driver’s
license;
5
the
documents
necessary
to
demonstrate
employment
or
student
6
status;
alternative
identifying
numbers
to
be
used
by
the
7
department
to
establish
the
identity
of
an
applicant,
including
8
a
federal
individual
taxpayer
identification
number;
the
9
issuance
of
temporary
visitor
driver’s
instruction
permits;
and
10
the
appropriate
amount
of
fees
to
be
charged
for
issuance
of
11
temporary
visitor
driver’s
licenses
and
instruction
permits.
12
8.
Notwithstanding
section
321.11
or
any
other
provision
13
of
law
to
the
contrary,
in
any
disclosure
pertaining
to
14
a
licensee,
the
department
shall
not
distinguish
between
15
temporary
visitor
driver’s
license
status
and
any
other
16
licensure
status.
17
Sec.
3.
Section
321.189,
Code
2016,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
9.
Temporary
visitor
driver’s
license.
20
A
temporary
visitor
driver’s
license
shall
be
of
the
same
21
design
as
a
driver’s
license
of
the
same
class,
except
for
22
such
minimal
changes
as
are
necessary
to
comply
with
the
23
requirements
of
the
federal
REAL
ID
Act
of
2005,
Pub.
L.
No.
24
109-13,
§202(d)(11).
25
Sec.
4.
Section
321.196,
subsection
1,
Code
2016,
is
amended
26
to
read
as
follows:
27
1.
Except
as
otherwise
provided,
if
the
licensee
is
between
28
the
ages
of
seventeen
years
eleven
months
and
seventy-two
years
29
on
the
date
of
issuance
of
the
license,
a
driver’s
license,
30
other
than
an
instruction
permit,
chauffeur’s
instruction
31
permit,
or
commercial
learner’s
permit
issued
under
section
32
321.180
,
expires
eight
years
from
the
licensee’s
birthday
33
anniversary
occurring
in
the
year
of
issuance,
but
not
to
34
exceed
the
licensee’s
seventy-fourth
birthday.
If
the
licensee
35
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2318
is
under
the
age
of
seventeen
years
eleven
months
or
age
1
seventy-two
or
over,
the
license
is
effective
for
a
period
of
2
two
years
from
the
licensee’s
birthday
anniversary
occurring
in
3
the
year
of
issuance.
A
licensee
whose
license
is
restricted
4
due
to
vision
or
other
physical
deficiencies
may
be
required
5
to
renew
the
license
every
two
years.
If
a
licensee
is
a
6
foreign
national
who
is
temporarily
present
in
this
state,
7
the
license
shall
be
issued
only
for
the
length
of
time
the
8
foreign
national
is
authorized
to
be
present
as
verified
by
9
the
department,
not
to
exceed
two
years.
A
temporary
visitor
10
driver’s
license
issued
pursuant
to
section
321.182A
shall
be
11
issued
for
two
years
and
may
be
renewed.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
provides
for
the
issuance
of
a
temporary
visitor
16
driver’s
license
to
a
person
who
is
an
Iowa
resident,
is
17
employed
or
is
a
student,
and
who
presents
a
foreign
passport
18
or
consular
identification
document
as
proof
of
identification
19
and
date
of
birth.
20
The
bill
defines
“consular
identification
document”
as
an
21
official
identification
card
issued
by
a
foreign
government,
22
through
the
foreign
government’s
consular
offices,
for
the
23
purpose
of
identifying
a
foreign
national
who
is
living
outside
24
the
foreign
jurisdiction.
The
definition
specifies
security
25
attributes
that
a
consular
identification
document
must
have
26
and
information
the
document
must
contain.
The
document
27
must
include
an
English
translation
of
the
data
fields.
The
28
definition
also
requires
that
a
copy
of
the
standard
document
29
issued
by
the
consular
office
or
foreign
government
be
filed
30
with
the
department
of
transportation
(DOT)
along
with
31
certification
of
procedures
used
to
ascertain
the
identity
of
a
32
person
to
whom
a
consular
identification
document
is
issued
and
33
procedures
used
to
satisfy
the
specified
security
requirements
34
of
the
document.
35
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Under
the
bill,
the
DOT
may
issue
a
temporary
visitor
1
driver’s
license
to
a
person
who
is
employed
or
is
a
student,
2
and
who
is
otherwise
qualified
for
a
driver’s
license
but
does
3
not
present
a
social
security
number
or
document
of
authorized
4
presence
issued
by
the
department
of
homeland
security,
United
5
States
citizenship
and
immigration
services.
The
DOT
may
6
accept
an
unexpired
passport
from
the
applicant’s
country
7
of
citizenship
or
a
valid
unexpired
consular
identification
8
document
as
proof
of
identification
and
date
of
birth.
9
The
bill
specifies
that
a
person
with
a
temporary
visitor
10
driver’s
license
is
subject
to
all
of
the
Code
provisions
and
11
administrative
rules
applicable
to
a
person
with
any
other
12
type
of
driver’s
license,
including
provisions
relating
to
13
drivers
under
18
years
of
age,
examination
requirements,
and
14
financial
liability
coverage
requirements.
For
purposes
of
15
Code
chapter
321
relating
to
the
regulation
of
motor
vehicles
16
and
motor
vehicle
operators,
a
temporary
visitor
driver’s
17
license
constitutes
proof
of
identification
to
the
same
extent
18
as
any
other
driver’s
license.
However,
the
license
shall
not
19
be
used
to
determine
voting
eligibility
or
eligibility
for
any
20
license
issued
or
benefit
or
service
provided
by
this
state
or
21
a
political
subdivision
of
this
state.
22
The
design
of
the
temporary
visitor
driver’s
license
shall
23
be
the
same
as
another
driver’s
license
of
the
same
class,
24
except
that
the
DOT
may
make
minimal
changes
as
necessary
to
25
comply
with
requirements
of
the
federal
REAL
ID
Act
of
2005
26
relating
to
driver’s
licenses
that
may
not
be
used
for
federal
27
purposes
according
to
that
Act.
The
bill
provides
that
a
28
temporary
visitor
driver’s
license
shall
be
valid
for
two
years
29
and
may
be
renewed.
The
DOT
is
prohibited
from
distinguishing
30
between
temporary
visitor
driver’s
license
status
and
any
other
31
licensure
status
in
any
disclosure
pertaining
to
a
licensee.
32
The
DOT
may
adopt
rules
relating
to
the
issuance
of
temporary
33
visitor
driver’s
licenses
and
instruction
permits,
including
34
providing
for
appropriate
license
fees.
35
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