HF 2318 (LSB 5912YH (3) 86)

HOUSE FILE 2318

BY  KOOIKER

A BILL FOR

An Act concerning the issuance of temporary visitor driver’s licenses to certain foreign nationals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  “Consular identification document” means an official identification card issued by a foreign government that meets all of the following requirements:
   a.  The identification card is issued through the foreign government’s consular offices for the purpose of identifying a foreign national who is living outside the foreign jurisdiction.
   b.  The foreign government requires the foreign national to provide proof of nationality that is within the foreign government’s jurisdiction and proof of identity to obtain the identification card.
   c.  The foreign government includes all of the following security features in the identification card:
   (1)  A unique identification number.
   (2)  An optically variable feature such as a hologram or color-shifting inks.
   (3)  An ultraviolet image.
   (4)  Encoded information.
   (5)  Machine-readable technology.
   (6)  Microprinting.
   (7)  Secure laminate.
   (8)  Integrated photograph and signature.
   d.  The identification card includes on its face the name of the individual to whom it is issued, the date of issuance, the date of expiration, the name of the issuing consular office or foreign government, and the unique identification number. The identification card must include an English translation of the data fields.
   e.  The issuing consular office or foreign government has filed with the department a copy of the foreign government’s standard consular identification document and a certification of the procedures that are used to satisfy the requirements of paragraphs “b” and “c”.
    Sec. 2.  NEW SECTION.  321.182A  Temporary visitor driver’s license.
   1.  The department may issue a temporary visitor driver’s license, valid for a period of two years, to a person who is a resident of this state, is employed or is a student, and is otherwise eligible for a driver’s license but does not present a social security number or documentation of authorized presence issued by the department of homeland security, United States citizenship and immigration services.
   2.  In addition to other documents accepted by the department under administrative rules to establish the identity and date of birth of an applicant for a driver’s license, if the applicant is applying for a temporary visitor driver’s license under this section, the department may accept a valid unexpired passport from the applicant’s country of citizenship or a valid unexpired consular identification document.
   3.  An applicant for a temporary visitor driver’s license who is under eighteen years of age at the time of application is subject to the provisions of sections 321.177, subsection 1, and section 321.184.
   4.  Except as otherwise provided by law, a person issued a temporary visitor driver’s license is subject to the provisions of this Code and administrative rules to the same extent as a person issued any other driver’s license under this chapter, including but not limited to financial liability coverage requirements under section 321.20B and examination requirements under section 321.186.
   5.  A peace officer shall not detain, arrest, penalize, or discriminate against a person based solely on the person’s presentation of a temporary visitor driver’s license.
   6.  For purposes of this chapter, a temporary visitor driver’s license constitutes proof of identity to the same extent as any other driver’s license issued pursuant to this chapter. However, a temporary visitor driver’s license shall not be used to determine voting eligibility or eligibility for any license issued or benefit or service provided by this state or a political subdivision of this state.
   7.  The department may adopt rules as necessary to implement this section, including but not limited to rules regarding the design and content of the temporary visitor driver’s license; the documents necessary to demonstrate employment or student status; alternative identifying numbers to be used by the department to establish the identity of an applicant, including a federal individual taxpayer identification number; the issuance of temporary visitor driver’s instruction permits; and the appropriate amount of fees to be charged for issuance of temporary visitor driver’s licenses and instruction permits.
   8.  Notwithstanding section 321.11 or any other provision of law to the contrary, in any disclosure pertaining to a licensee, the department shall not distinguish between temporary visitor driver’s license status and any other licensure status.
    Sec. 3.  Section 321.189, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Temporary visitor driver’s license.A temporary visitor driver’s license shall be of the same design as a driver’s license of the same class, except for such minimal changes as are necessary to comply with the requirements of the federal REAL ID Act of 2005, Pub. L. No. 109-13, §202(d)(11).
    Sec. 4.  Section 321.196, subsection 1, Code 2016, is amended to read as follows:
   1.  Except as otherwise provided, if the licensee is between the ages of seventeen years eleven months and seventy-two years on the date of issuance of the license, a driver’s license, other than an instruction permit, chauffeur’s instruction permit, or commercial learner’s permit issued under section 321.180, expires eight years from the licensee’s birthday anniversary occurring in the year of issuance, but not to exceed the licensee’s seventy-fourth birthday. If the licensee is under the age of seventeen years eleven months or age seventy-two or over, the license is effective for a period of two years from the licensee’s birthday anniversary occurring in the year of issuance. A licensee whose license is restricted due to vision or other physical deficiencies may be required to renew the license every two years. If a licensee is a foreign national who is temporarily present in this state, the license shall be issued only for the length of time the foreign national is authorized to be present as verified by the department, not to exceed two years.  A temporary visitor driver’s license issued pursuant to section 321.182A shall be issued for two years and may be renewed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides for the issuance of a temporary visitor driver’s license to a person who is an Iowa resident, is employed or is a student, and who presents a foreign passport or consular identification document as proof of identification and date of birth.
   The bill defines “consular identification document” as an official identification card issued by a foreign government, through the foreign government’s consular offices, for the purpose of identifying a foreign national who is living outside the foreign jurisdiction. The definition specifies security attributes that a consular identification document must have and information the document must contain. The document must include an English translation of the data fields. The definition also requires that a copy of the standard document issued by the consular office or foreign government be filed with the department of transportation (DOT) along with certification of procedures used to ascertain the identity of a person to whom a consular identification document is issued and procedures used to satisfy the specified security requirements of the document.
   Under the bill, the DOT may issue a temporary visitor driver’s license to a person who is employed or is a student, and who is otherwise qualified for a driver’s license but does not present a social security number or document of authorized presence issued by the department of homeland security, United States citizenship and immigration services. The DOT may accept an unexpired passport from the applicant’s country of citizenship or a valid unexpired consular identification document as proof of identification and date of birth. 
   The bill specifies that a person with a temporary visitor driver’s license is subject to all of the Code provisions and administrative rules applicable to a person with any other type of driver’s license, including provisions relating to drivers under 18 years of age, examination requirements, and financial liability coverage requirements. For purposes of Code chapter 321 relating to the regulation of motor vehicles and motor vehicle operators, a temporary visitor driver’s license constitutes proof of identification to the same extent as any other driver’s license. However, the license shall not be used to determine voting eligibility or eligibility for any license issued or benefit or service provided by this state or a political subdivision of this state. 
   The design of the temporary visitor driver’s license shall be the same as another driver’s license of the same class, except that the DOT may make minimal changes as necessary to comply with requirements of the federal REAL ID Act of 2005 relating to driver’s licenses that may not be used for federal purposes according to that Act. The bill provides that a temporary visitor driver’s license shall be valid for two years and may be renewed. The DOT is prohibited from distinguishing between temporary visitor driver’s license status and any other licensure status in any disclosure pertaining to a licensee. The DOT may adopt rules relating to the issuance of temporary visitor driver’s licenses and instruction permits, including providing for appropriate license fees.