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 TLSB 5912YH (3) 86 ns/nh
H.F. 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 -1- LSB 5912YH (3) 86 ns/nh 1/ 5
H.F. 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 -2- LSB 5912YH (3) 86 ns/nh 2/ 5
H.F. 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 -3- LSB 5912YH (3) 86 ns/nh 3/ 5
H.F. 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 -4- LSB 5912YH (3) 86 ns/nh 4/ 5
H.F. 2318 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 -5- LSB 5912YH (3) 86 ns/nh 5/ 5