H.F. 2204 Section 1. NEW SECTION . 91F.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Custodian” means the individual who is authorized to 4 provide or restrict access to off-site premises, including 5 security personnel for a commercial building or multiple-unit 6 residential building. 7 2. “Employee” means an individual employed by an employer. 8 3. “Employer” means a person, as defined in chapter 4, who 9 employs an employee for wages in this state. 10 4. “Employer-issued identification card” means an 11 identification card issued by an employer to an employee that 12 contains, at a minimum, the name of the employer and the 13 employee’s name and photograph. 14 5. “Government-issued identification card” means a 15 state-issued driver’s license or identification card containing 16 the individual’s photograph, an identification card or passport 17 issued by the federal government containing the individual’s 18 photograph, a native American tribal document identifying the 19 individual and containing the individual’s photograph, or 20 any other form of identification issued by the federal or a 21 state government that contains the individual’s photograph and 22 identifying information. 23 6. “Off-site premises” means a building or property that 24 is not owned, leased, operated, or otherwise under the control 25 of the employer of the employee who is sent to the premises, 26 including: 27 a. A commercial building, other than a federal, state, or 28 local government building. 29 b. A multiple-unit residential building. 30 Sec. 2. NEW SECTION . 91F.2 Identification of employees 31 engaged in off-site work —— permissible forms of identification 32 —— exceptions. 33 1. When an employer sends an employee who has an 34 employer-issued identification card to off-site premises 35 -1- LSB 5218YH (3) 88 je/rn 1/ 3

H.F. 2204 to perform work on behalf of the employer for a customer 1 located at the off-site premises, the employee may provide an 2 employer-issued identification card to the custodian of the 3 off-site premises in lieu of a government-issued identification 4 card for purposes of verifying the identity of the employee. 5 2. If the employee provides an employer-issued 6 identification card pursuant to subsection 1, the custodian 7 shall not require the employee to surrender the employee’s 8 government-issued identification card to the custodian 9 while the employee is physically present on the off-site 10 premises engaged in the performance of work, but may require 11 the employee to surrender the employee’s employer-issued 12 identification card to the custodian while the employee 13 is physically present on the off-site premises engaged 14 in the performance of work, and may require the employee 15 to allow the custodian to examine a secondary form of 16 identification containing the employee’s photograph, including 17 a government-issued identification card. 18 3. If the employee does not provide an employer-issued 19 identification card pursuant to subsection 1, the custodian 20 may require the employee to provide a government-issued 21 identification card to the custodian for purposes of verifying 22 the identity of the employee and to surrender the employee’s 23 government-issued identification card to the custodian while 24 the employee is physically present on the off-site premises 25 engaged in the performance of work. 26 Sec. 3. NEW SECTION . 91F.3 Applicability —— federal defense 27 contracts. 28 This chapter does not apply to a person who enters into a 29 defense contract with the federal government pursuant to the 30 national industrial security program, or a successor program, 31 under which the person is contractually obligated to verify 32 identification using a government-issued identification card. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5218YH (3) 88 je/rn 2/ 3

H.F. 2204 the explanation’s substance by the members of the general assembly. 1 This bill provides that an employee sent by an employer to 2 off-site premises to perform work on behalf of the employer 3 for a customer located at the off-site premises may provide an 4 employer-issued identification card to the custodian of the 5 off-site premises in lieu of a government-issued identification 6 card for purposes of verifying the identity of the employee. 7 If the employee does so, the bill prohibits the custodian 8 from requiring the employee to surrender the employee’s 9 government-issued identification card to the custodian while 10 the employee is physically present on the off-site premises 11 engaged in the performance of work, but authorizes the 12 custodian to require the employee to surrender the employee’s 13 employer-issued identification card to the custodian while the 14 employee is physically present on the off-site premises engaged 15 in the performance of work and also authorizes the custodian 16 to require the employee to allow the custodian to examine a 17 secondary form of identification containing the employee’s 18 photograph, including a government-issued identification card. 19 If the employee does not do so, the bill authorizes 20 the custodian to require the employee to provide a 21 government-issued identification card to the custodian for 22 purposes of verifying the identity of the employee and to 23 surrender the employee’s government-issued identification card 24 to the custodian while the employee is physically present on 25 the off-site premises engaged in the performance of work. 26 The bill does not apply to a person who enters into a 27 defense contract with the federal government pursuant to the 28 national industrial security program, or a successor program, 29 under which the person is contractually obligated to verify 30 identification using a government-issued identification card. 31 -3- LSB 5218YH (3) 88 je/rn 3/ 3