SF 2052 (LSB 5171XS (1) 91)

SENATE FILE 2052

BY  GUTH

A BILL FOR

An Act relating to the issuance of driver’s licenses and nonoperator’s identification cards, including physical forms of such identification and noncompliance with federal requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.189B  Driver’s licenses and nonoperator’s identification cards —— noncompliance with federal law —— physical forms of identification.
   1.  Upon request by an applicant and payment of the required fee, the department shall issue a driver’s license pursuant to section 321.189, or a nonoperator’s identification card pursuant to section 321.190, as applicable, that does not comply with the federal REAL ID Act of 2005, Pub. L. No. 109-13, as amended. An otherwise valid driver’s license or nonoperator’s identification card, or similar form of identification issued by another state, shall not be considered invalid for purposes of identification and driving privileges in this state, as applicable, based on the fact that the identification does not comply with the federal REAL ID Act of 2005, as amended.
   2.  A person shall not be required to present a driver’s license or nonoperator’s identification card in digital form. The department shall issue physical licenses and cards.
   3.  a.  The department shall not collect, capture, store, or use a biometric identifier when the department issues a driver’s license or nonoperator’s identification card pursuant to subsection 1.
   b.  For purposes of this subsection, “biometric identifier” includes but is not limited to any of the following:
   (1)  Biometric facial image data, as described in the international organization for standardization and the international electrotechnical commission report on information technology, biometric data interchange formats, part 5, face image data.
   (2)  Facial recognition data.
   (3)  Iris scans.
   (4)  Fingerprints.
   (5)  Voiceprints.
   (6)  Any other measurable biological or behavioral characteristic used for automated recognition of a person.
   4.  The department shall not retain a document, or a copy thereof, provided by an applicant for a driver’s license or nonoperator’s identification card under subsection 1 to verify an applicant’s identity, including but not limited to a birth certificate, social security card, utility bill, financial statement, tax record, or other document that may be used as proof of the applicant’s residency, legal presence, or identity.
   5.  Notwithstanding section 321.11 or any other provision of law to the contrary, the department shall not share or store information the department received or assigned relating to a driver’s license or nonoperator’s identification card issued pursuant to subsection 1 in any multistate, federal, or international database system.
   6.  This section does not prohibit the department from issuing a driver’s license or nonoperator’s identification card that complies with the federal REAL ID Act of 2005, Pub. L. No. 109-13, as amended, to a person who voluntarily requests and is eligible to be issued such a license or card.
   7.  The department shall notify, verbally and in writing, an applicant for a driver’s license under section 321.189, or a nonoperator’s identification card under section 321.190, that the applicant may apply for a license or card as described in this section. A public communication including but not limited to a sign, display, brochure, or electronic message that describes or promotes the federal REAL ID program must clearly state that participation in the federal REAL ID program is voluntary and that a person may apply instead for a valid state, federally noncompliant driver’s license or nonoperator’s identification card.
   8.  The department shall provide annual training to employees of the department regarding this section. A person who willfully violates this section shall be subject to disciplinary action in accordance with the department’s policies, up to and including termination of employment.
   9.  The department shall adopt rules pursuant to chapter 17A to administer this section.
   10.  If the federal REAL ID Act of 2005, Pub. L. No. 109-13, as amended, is repealed, or if the definition of “official purpose” in 6 C.F.R. pt. 37 is amended, or if federal regulations are changed to prohibit a state from issuing federally noncompliant driver’s licenses or other identification, the department shall immediately rescind all compliance measures with the federal REAL ID program, and shall not issue REAL ID-compliant identification.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of transportation (DOT) to issue driver’s licenses (DL) and nonoperator’s identification cards (ID cards) that do not comply with federal REAL ID program standards if an applicant requests a noncompliant DL or ID card. The bill limits the extent to which the DOT is able to use and share information provided by an applicant for a noncompliant DL or ID card. The bill requires the DOT to notify applicants for a DL or ID card that the applicant may be issued a federally noncompliant DL or ID card. Employees of the DOT must receive annual training on the provisions of the bill and are required to face disciplinary action for willful violations. If certain changes occur relating to the administration of federal REAL IDs, the bill requires the DOT to immediately rescind all compliance measures with the REAL ID program and cease issuing REAL ID-compliant identification.