Senate File 2052 - Introduced SENATE FILE 2052 BY GUTH A BILL FOR An Act relating to the issuance of driver’s licenses and 1 nonoperator’s identification cards, including physical 2 forms of such identification and noncompliance with federal 3 requirements. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5171XS (1) 91 th/ns

S.F. 2052 Section 1. NEW SECTION . 321.189B Driver’s licenses and 1 nonoperator’s identification cards —— noncompliance with federal 2 law —— physical forms of identification. 3 1. Upon request by an applicant and payment of the required 4 fee, the department shall issue a driver’s license pursuant 5 to section 321.189, or a nonoperator’s identification card 6 pursuant to section 321.190, as applicable, that does not 7 comply with the federal REAL ID Act of 2005, Pub. L. No. 8 109-13, as amended. An otherwise valid driver’s license 9 or nonoperator’s identification card, or similar form of 10 identification issued by another state, shall not be considered 11 invalid for purposes of identification and driving privileges 12 in this state, as applicable, based on the fact that the 13 identification does not comply with the federal REAL ID Act of 14 2005, as amended. 15 2. A person shall not be required to present a driver’s 16 license or nonoperator’s identification card in digital form. 17 The department shall issue physical licenses and cards. 18 3. a. The department shall not collect, capture, store, 19 or use a biometric identifier when the department issues a 20 driver’s license or nonoperator’s identification card pursuant 21 to subsection 1. 22 b. For purposes of this subsection, “biometric identifier” 23 includes but is not limited to any of the following: 24 (1) Biometric facial image data, as described in the 25 international organization for standardization and the 26 international electrotechnical commission report on information 27 technology, biometric data interchange formats, part 5, face 28 image data. 29 (2) Facial recognition data. 30 (3) Iris scans. 31 (4) Fingerprints. 32 (5) Voiceprints. 33 (6) Any other measurable biological or behavioral 34 characteristic used for automated recognition of a person. 35 -1- LSB 5171XS (1) 91 th/ns 1/ 3

S.F. 2052 4. The department shall not retain a document, or a copy 1 thereof, provided by an applicant for a driver’s license or 2 nonoperator’s identification card under subsection 1 to verify 3 an applicant’s identity, including but not limited to a birth 4 certificate, social security card, utility bill, financial 5 statement, tax record, or other document that may be used 6 as proof of the applicant’s residency, legal presence, or 7 identity. 8 5. Notwithstanding section 321.11 or any other provision 9 of law to the contrary, the department shall not share or 10 store information the department received or assigned relating 11 to a driver’s license or nonoperator’s identification card 12 issued pursuant to subsection 1 in any multistate, federal, or 13 international database system. 14 6. This section does not prohibit the department from 15 issuing a driver’s license or nonoperator’s identification card 16 that complies with the federal REAL ID Act of 2005, Pub. L. No. 17 109-13, as amended, to a person who voluntarily requests and is 18 eligible to be issued such a license or card. 19 7. The department shall notify, verbally and in writing, an 20 applicant for a driver’s license under section 321.189, or a 21 nonoperator’s identification card under section 321.190, that 22 the applicant may apply for a license or card as described 23 in this section. A public communication including but not 24 limited to a sign, display, brochure, or electronic message 25 that describes or promotes the federal REAL ID program must 26 clearly state that participation in the federal REAL ID program 27 is voluntary and that a person may apply instead for a valid 28 state, federally noncompliant driver’s license or nonoperator’s 29 identification card. 30 8. The department shall provide annual training to 31 employees of the department regarding this section. A 32 person who willfully violates this section shall be subject 33 to disciplinary action in accordance with the department’s 34 policies, up to and including termination of employment. 35 -2- LSB 5171XS (1) 91 th/ns 2/ 3

S.F. 2052 9. The department shall adopt rules pursuant to chapter 17A 1 to administer this section. 2 10. If the federal REAL ID Act of 2005, Pub. L. No. 3 109-13, as amended, is repealed, or if the definition of 4 “official purpose” in 6 C.F.R. pt. 37 is amended, or if 5 federal regulations are changed to prohibit a state from 6 issuing federally noncompliant driver’s licenses or other 7 identification, the department shall immediately rescind all 8 compliance measures with the federal REAL ID program, and shall 9 not issue REAL ID-compliant identification. 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 requires the department of transportation (DOT) to 14 issue driver’s licenses (DL) and nonoperator’s identification 15 cards (ID cards) that do not comply with federal REAL ID 16 program standards if an applicant requests a noncompliant DL 17 or ID card. The bill limits the extent to which the DOT is 18 able to use and share information provided by an applicant for 19 a noncompliant DL or ID card. The bill requires the DOT to 20 notify applicants for a DL or ID card that the applicant may 21 be issued a federally noncompliant DL or ID card. Employees 22 of the DOT must receive annual training on the provisions of 23 the bill and are required to face disciplinary action for 24 willful violations. If certain changes occur relating to the 25 administration of federal REAL IDs, the bill requires the DOT 26 to immediately rescind all compliance measures with the REAL ID 27 program and cease issuing REAL ID-compliant identification. 28 -3- LSB 5171XS (1) 91 th/ns 3/ 3