House File 305 - Introduced HOUSE FILE 305 BY GAINES , MEYER , KEARNS , MASCHER , BROWN-POWERS , ABDUL-SAMAD , and LENSING 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 1684HH (1) 86 ns/nh
H.F. 305 Section 1. Section 321.1, Code 2015, 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 1684HH (1) 86 ns/nh 1/ 5
H.F. 305 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 4 is a resident of this state and is otherwise eligible for a 5 driver’s license but does not present a social security number 6 or documentation of authorized presence issued by the United 7 States citizenship and immigration services. 8 2. In addition to other documents accepted by the department 9 under administrative rules to establish the identity and 10 date of birth of an applicant for a driver’s license, if the 11 applicant is applying for a temporary visitor driver’s license 12 under this section, the department may accept a valid unexpired 13 passport from the applicant’s country of citizenship or a valid 14 unexpired consular identification document. 15 3. An applicant for a temporary visitor driver’s license 16 who is under eighteen years of age at the time of application 17 is subject to the provisions of sections 321.177, subsection 18 1, and section 321.184. 19 4. Except as otherwise provided by law, a person issued a 20 temporary visitor driver’s license is subject to the provisions 21 of this Code and administrative rules to the same extent as a 22 person issued any other driver’s license under this chapter, 23 including but not limited to financial liability coverage 24 requirements under section 321.20B and examination requirements 25 under section 321.186. 26 5. A peace officer shall not detain, arrest, penalize, or 27 discriminate against a person based solely on the person’s 28 presentation of a temporary visitor driver’s license. 29 6. For purposes of this chapter, a temporary visitor 30 driver’s license constitutes proof of identity to the same 31 extent as any other driver’s license issued pursuant to this 32 chapter. However, a temporary visitor driver’s license shall 33 not be used to determine voting eligibility or eligibility for 34 any license issued or benefit or service provided by this state 35 -2- LSB 1684HH (1) 86 ns/nh 2/ 5
H.F. 305 or a political subdivision of this state. 1 7. The department may adopt rules as necessary to implement 2 this section, including but not limited to rules regarding the 3 design and content of the temporary visitor driver’s license; 4 alternative identifying numbers to be used by the department 5 to establish the identity of an applicant, including a federal 6 individual taxpayer identification number; the issuance of 7 temporary visitor driver’s instruction permits; and appropriate 8 fees to be charged for issuance of temporary visitor driver’s 9 licenses and instruction permits. 10 8. Notwithstanding section 321.11 or any other provision 11 of law to the contrary, in any disclosure pertaining to 12 a licensee, the department shall not distinguish between 13 temporary visitor driver’s license status and any other 14 licensure status. 15 Sec. 3. Section 321.189, Code 2015, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 9. Temporary visitor driver’s license. 18 A temporary visitor driver’s license shall be of the same 19 design as a driver’s license of the same class, except for 20 such minimal changes as are necessary to comply with the 21 requirements of the federal REAL ID Act of 2005, Pub. L. No. 22 109-13, §202(d)(11). 23 Sec. 4. Section 321.196, subsection 1, Code 2015, is amended 24 to read as follows: 25 1. Except as otherwise provided, if the licensee is between 26 the ages of seventeen years eleven months and seventy-two years 27 on the date of issuance of the license, a driver’s license, 28 other than an instruction permit, chauffeur’s instruction 29 permit, or commercial driver’s instruction permit issued under 30 section 321.180 , expires eight years from the licensee’s 31 birthday anniversary occurring in the year of issuance, but 32 not to exceed the licensee’s seventy-fourth birthday. If the 33 licensee is under the age of seventeen years eleven months 34 or age seventy-two or over, the license is effective for a 35 -3- LSB 1684HH (1) 86 ns/nh 3/ 5
H.F. 305 period of two years from the licensee’s birthday anniversary 1 occurring in the year of issuance. A licensee whose license is 2 restricted due to vision or other physical deficiencies may be 3 required to renew the license every two years. If a licensee 4 is a foreign national who is temporarily present in this state, 5 the license shall be issued only for the length of time the 6 foreign national is authorized to be present as verified by 7 the department, not to exceed two years. A temporary visitor 8 driver’s license issued pursuant to section 321.182A shall be 9 issued for two years and may be renewed. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides for the issuance of a temporary 14 visitor driver’s license to a person who presents a consular 15 identification document as proof of identification and date of 16 birth. 17 The bill defines “consular identification document” as an 18 official identification card issued by a foreign government, 19 through the foreign government’s consular offices, for the 20 purpose of identifying a foreign national who is living 21 outside the foreign jurisdiction. The definition specifies 22 security attributes that a consular identification document 23 must have and content the document must contain. The document 24 must include an English translation of the data fields. The 25 definition also requires that a copy of the standard document 26 issued by the consular office or foreign government be filed 27 with the department of transportation along with certification 28 of procedures used to ascertain the identity of a person 29 to whom a consular identification document is issued and 30 procedures used to satisfy the specified security requirements 31 of the document. 32 Under the bill, the department of transportation may 33 issue a temporary visitor driver’s license to a person who is 34 otherwise qualified for a driver’s license but does not present 35 -4- LSB 1684HH (1) 86 ns/nh 4/ 5
H.F. 305 a social security number or document of authorized presence 1 issued by the United States citizenship and immigration 2 services. The department may accept an unexpired passport from 3 the applicant’s country of citizenship or a valid unexpired 4 consular identification document as proof of identification 5 and date of birth. The bill specifies that a person with a 6 temporary visitor driver’s license is subject to all of the 7 Code provisions and administrative rules applicable to a person 8 with any other type of driver’s license, including provisions 9 relating to drivers under 18 years of age, examination 10 requirements, and financial liability coverage requirements. 11 For purposes of Code chapter 321 relating to the regulation 12 of motor vehicles and motor vehicle operators, a temporary 13 visitor driver’s license constitutes proof of identification 14 to the same extent as any other driver’s license. However, 15 the license shall not be used to determine voting eligibility 16 or eligibility for any license issued or benefit or service 17 provided by this state or a political subdivision of this 18 state. The design of the temporary visitor driver’s license 19 shall be the same as another driver’s license of the same 20 class, except that the department may make minimal changes as 21 necessary to comply with requirements of the federal REAL ID 22 Act of 2005 relating to driver’s licenses that may not be used 23 for federal purposes according to that Act. The bill provides 24 that a temporary visitor driver’s license shall be valid for 25 two years and may be renewed. The department of transportation 26 is prohibited from distinguishing between temporary visitor 27 driver’s license status and any other licensure status in any 28 disclosure pertaining to a licensee. The department may adopt 29 rules relating to the issuance of temporary visitor driver’s 30 licenses and instruction permits, including providing for 31 appropriate license fees. 32 -5- LSB 1684HH (1) 86 ns/nh 5/ 5