House File 2119 - Introduced HOUSE FILE 2119 BY STAED , BAETH , AMOS JR. , KURTH , STECKMAN , CAHILL , SCHEETZ , LEVIN , GAINES , ABDUL-SAMAD , KRESSIG , and BROWN-POWERS A BILL FOR An Act relating to driver’s licenses and nonoperator’s 1 identification cards, including personal information 2 required for associated applications, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5271YH (3) 90 th/ns

H.F. 2119 Section 1. Section 321.11, subsections 2 and 3, Code 2024, 1 are amended to read as follows: 2 2. Notwithstanding subsection 1 , personal information 3 shall not be disclosed to a requester, except as provided in 4 18 U.S.C. §2721, unless the person whose personal information 5 is requested has provided express written consent allowing 6 disclosure of the person’s personal information. As used in 7 this section , “personal information” means information that 8 identifies a person, including a person’s photograph, social 9 security number, citizenship status, driver’s license number, 10 name, address, telephone number, and medical or disability 11 information , but . “Personal information” does not include 12 information on vehicular accidents, driving violations, and 13 driver’s status , or a person’s zip code. 14 3. Notwithstanding other provisions of this section to the 15 contrary, the department shall not release personal information 16 to a person, other than to an officer or employee of a law 17 enforcement agency, an employee of a federal or state agency 18 or political subdivision in the performance of the employee’s 19 official duties, a contract employee of the department of 20 inspections, appeals, and licensing in the conduct of an 21 investigation, or a licensed private investigation agency 22 or a licensed security service or a licensed employee of 23 either, if the information is requested by the presentation 24 of a registration plate number. In addition, an officer or 25 employee of a law enforcement agency may release the name, 26 address, and telephone number of a motor vehicle registrant to 27 a person requesting the information by the presentation of a 28 registration plate number if the officer or employee of the law 29 enforcement agency believes that the release of the information 30 is necessary in the performance of the officer’s or employee’s 31 duties is ordered to do so by a court . 32 Sec. 2. NEW SECTION . 321.11B Prohibited use of personal 33 information. 34 A person shall not use information contained on an 35 -1- LSB 5271YH (3) 90 th/ns 1/ 4

H.F. 2119 application submitted pursuant to section 321.182 or 1 321.190 as evidence of an applicant’s citizenship or lawful 2 presence in the United States, or as the primary basis for 3 immigration-related investigation, detention, or arrest. 4 Sec. 3. Section 321.182, subsection 1, paragraph a, Code 5 2024, is amended to read as follows: 6 a. Make application on a form provided by the department 7 which shall include the applicant’s full name, signature, 8 current mailing address, current residential address, date 9 of birth, social security number, and physical description 10 including sex, height, and eye color. The application may 11 contain other information the department may require by rule. 12 Pursuant to procedures established by the department and for 13 an applicant who is a foreign national temporarily present in 14 this state, the department may waive the requirement that the 15 application include the applicant’s social security number. 16 Sec. 4. Section 321.190, subsection 1, paragraph d, Code 17 2024, is amended to read as follows: 18 d. The fee for a nonoperator’s identification card shall 19 be eight dollars and the card shall be valid for a period of 20 eight years from the date of issuance. If an applicant for 21 a nonoperator’s identification card is a foreign national 22 who is temporarily present in this state, the nonoperator’s 23 identification card shall be issued only for the length of time 24 the foreign national is authorized to be present as determined 25 by the department, not to exceed two years. An issuance fee 26 shall not be charged for a person whose driver’s license or 27 driving privilege has been suspended under section 321.210, 28 subsection 1 , paragraph “a” , subparagraph (3), or voluntarily 29 surrendered by the person in lieu of suspension under section 30 321.210, subsection 1 , paragraph “a” . 31 Sec. 5. Section 321.196, subsection 1, Code 2024, is amended 32 to read as follows: 33 1. Except as otherwise provided, if the licensee is between 34 the ages of seventeen years eleven months and seventy-eight 35 -2- LSB 5271YH (3) 90 th/ns 2/ 4

H.F. 2119 years on the date of issuance of the license, a driver’s 1 license, other than an instruction permit, chauffeur’s 2 instruction permit, or commercial learner’s permit issued 3 under section 321.180 , expires eight years from the licensee’s 4 birthday anniversary occurring in the year of issuance, but 5 not to exceed the licensee’s eightieth birthday. If the 6 licensee is under the age of seventeen years eleven months 7 or age seventy-eight or over, the license is effective for a 8 period of two years from the licensee’s birthday anniversary 9 occurring in the year of issuance. A licensee whose license is 10 restricted due to vision or other physical deficiencies may be 11 required to renew the license every two years. If a licensee 12 is a foreign national who is temporarily present in this state, 13 the license shall be issued only for the length of time the 14 foreign national is authorized to be present as verified by the 15 department, not to exceed two years. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 Under current law, a person is required to make an 20 application for a driver’s license on a form provided by the 21 department of transportation (DOT). The person must provide 22 the person’s full name, signature, current mailing address, 23 current residential address, date of birth, social security 24 number, and physical description including sex, height, 25 and eye color. The DOT may waive the requirement that a 26 foreign national provide a social security number, and if 27 the requirement is waived, pursuant to administrative rules, 28 the DOT will only accept certain documents issued by foreign 29 governments and federal immigration authorities in lieu of the 30 social security number. These provisions are also applicable 31 to nonoperator’s identification cards under Code section 32 321.190. 33 This bill strikes the requirement that a person provide the 34 person’s social security number. The bill also strikes the 35 -3- LSB 5271YH (3) 90 th/ns 3/ 4

H.F. 2119 DOT’s authorization to require other information by rule. 1 The bill makes conforming Code changes to specify that a 2 person’s citizenship status is considered personal information 3 that the DOT is prohibited from disclosing without the person’s 4 written consent, unless required by law. 5 The bill also prohibits a person from using information 6 contained on an application for a driver’s license or 7 nonoperator’s identification card (application) as evidence 8 of the applicant’s citizenship or lawful presence in the 9 United States, or as the primary basis for immigration-related 10 investigation, detention, or arrest. By operation of 11 law, a person who violates this provision commits a simple 12 misdemeanor. A simple misdemeanor is punishable by confinement 13 for no more than 30 days and a fine of at least $105 but not 14 more than $855. 15 The bill strikes provisions requiring a driver’s license or 16 nonoperator’s identification card to be issued to a foreign 17 national who is authorized to be present in Iowa temporarily 18 only for the length of time the foreign national is authorized 19 to be present. 20 -4- LSB 5271YH (3) 90 th/ns 4/ 4