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House File 287 - IntroducedA Bill ForAn Act 1concerning the issuance of temporary visitor driver’s
2licenses to certain foreign nationals.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 14A. “Consular identification document”
4means an official identification card issued by a foreign
5government that meets all of the following requirements:
6a. The identification card is issued through the foreign
7government’s consular offices for the purpose of identifying
8a foreign national who is living outside the foreign
9jurisdiction.
10b. The foreign government requires the foreign national
11to provide proof of nationality that is within the foreign
12government’s jurisdiction and proof of identity to obtain the
13identification card.
14c. The foreign government includes all of the following
15security features in the identification card:
16(1) A unique identification number.
17(2) An optically variable feature such as a hologram or
18color-shifting inks.
19(3) An ultraviolet image.
20(4) Encoded information.
21(5) Machine-readable technology.
22(6) Microprinting.
23(7) Secure laminate.
24(8) Integrated photograph and signature.
25d. The identification card includes on its face the name of
26the individual to whom it is issued, the date of issuance, the
27date of expiration, the name of the issuing consular office or
28foreign government, and the unique identification number. The
29identification card must include an English translation of the
30data fields.
31e. The issuing consular office or foreign government has
32filed with the department a copy of the foreign government’s
33standard consular identification document and a certification
34of the procedures that are used to satisfy the requirements of
35paragraphs “b” and “c”.
-1-1 Sec. 2. NEW SECTION. 321.181A Temporary visitor driver’s
2license.
31. The department may issue a temporary visitor driver’s
4license, valid for a period of two years, to a person who
5is a resident of this state and is otherwise eligible for a
6driver’s license but does not present a social security number
7or documentation of authorized presence issued by the United
8States citizenship and immigration services.
92. In addition to other documents accepted by the department
10under administrative rules to establish the identity and
11date of birth of an applicant for a driver’s license, if the
12applicant is applying for a temporary visitor driver’s license
13under this section, the department may accept a valid unexpired
14passport from the applicant’s country of citizenship or a valid
15unexpired consular identification document.
163. An applicant for a temporary visitor driver’s license
17who is under eighteen years of age at the time of application
18is subject to the provisions of sections 321.177, subsection
191, and section 321.184.
204. Except as otherwise provided by law, a person issued a
21temporary visitor driver’s license is subject to the provisions
22of the Code and administrative rules to the same extent as a
23person issued any other driver’s license under this chapter,
24including but not limited to financial liability coverage
25requirements under section 321.20B and examination requirements
26under section 321.186.
275. A peace officer shall not detain, arrest, penalize, or
28discriminate against a person based solely on the person’s
29presentation of a temporary visitor driver’s license.
306. For purposes of this chapter, a temporary visitor
31driver’s license constitutes proof of identity to the same
32extent as any other driver’s license issued pursuant to this
33chapter. However, a temporary visitor driver’s license shall
34not be used to determine voting eligibility or eligibility for
35any license issued or benefit or service provided by this state
-2-1or a political subdivision of this state.
27. The department may adopt rules as necessary to implement
3this section, including but not limited to rules regarding the
4design and content of the temporary visitor driver’s license;
5alternative identifying numbers to be used by the department
6to establish the identity of an applicant, including a federal
7individual taxpayer identification number; the issuance of
8temporary visitor driver’s instruction permits; and appropriate
9fees to be charged for issuance of temporary visitor driver’s
10licenses and instruction permits.
118. Notwithstanding section 321.11 or any other provision
12of law to the contrary, in any disclosure pertaining to
13a licensee, the department shall not distinguish between
14temporary visitor driver’s license status and any other
15licensure status.
16 Sec. 3. Section 321.189, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 9. Temporary visitor driver’s license.
19A temporary visitor driver’s license shall be of the same
20design as a driver’s license of the same class, except for
21such minimal changes as are necessary to comply with the
22requirements of the federal REAL ID Act of 2005, Pub.L. No.
23109-13, §202(d)(11).
24 Sec. 4. Section 321.196, subsection 1, Code 2017, is amended
25to read as follows:
261. Except as otherwise provided, if the licensee is between
27the ages of seventeen years eleven months and seventy-two years
28on the date of issuance of the license, a driver’s license,
29other than an instruction permit, chauffeur’s instruction
30permit, or commercial learner’s permit issued under section
31321.180, expires eight years from the licensee’s birthday
32anniversary occurring in the year of issuance, but not to
33exceed the licensee’s seventy-fourth birthday. If the licensee
34is under the age of seventeen years eleven months or age
35seventy-two or over, the license is effective for a period of
-3-1two years from the licensee’s birthday anniversary occurring in
2the year of issuance. A licensee whose license is restricted
3due to vision or other physical deficiencies may be required
4to renew the license every two years. If a licensee is a
5foreign national who is temporarily present in this state,
6the license shall be issued only for the length of time the
7foreign national is authorized to be present as verified by
8the department, not to exceed two years. A temporary visitor
9driver’s license issued pursuant to section 321.181A shall be
10issued for two years and may be renewed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides for the issuance of a temporary
15visitor driver’s license to a person who presents a consular
16identification document as proof of identification and date of
17birth.
18The bill defines “consular identification document” as an
19official identification card issued by a foreign government,
20through the foreign government’s consular offices, for the
21purpose of identifying a foreign national who is living
22outside the foreign jurisdiction. The definition specifies
23security attributes that a consular identification document
24must have and content the document must contain. The document
25must include an English translation of the data fields. The
26definition also requires that a copy of the standard document
27issued by the consular office or foreign government be filed
28with the department of transportation along with certification
29of procedures used to ascertain the identity of a person
30to whom a consular identification document is issued and
31procedures used to satisfy the specified security requirements
32of the document.
33Under the bill, the department of transportation (DOT) may
34issue a temporary visitor driver’s license to a person who is
35otherwise qualified for a driver’s license but does not present
-4-1a social security number or document of authorized presence
2issued by the United States citizenship and immigration
3services. The DOT may accept an unexpired passport from
4the applicant’s country of citizenship or a valid unexpired
5consular identification document as proof of identification and
6date of birth.
7The bill specifies that a person with a temporary visitor
8driver’s license is subject to all of the Code provisions and
9administrative rules applicable to a person with any other
10type of driver’s license, including provisions relating to
11drivers under 18 years of age, examination requirements, and
12financial liability coverage requirements. For purposes of
13Code chapter 321 relating to the regulation of motor vehicles
14and motor vehicle operators, a temporary visitor driver’s
15license constitutes proof of identification to the same extent
16as any other driver’s license. However, the bill prohibits
17the license from being used to determine voting eligibility
18or eligibility for any license issued or benefit or service
19provided by this state or a political subdivision of this
20state. The bill requires the design of the temporary visitor
21driver’s license to be the same as another driver’s license of
22the same class, except that the DOT may make minimal changes as
23necessary to comply with requirements of the federal REAL ID
24Act of 2005 relating to driver’s licenses that may not be used
25for federal purposes according to that Act.
26The bill provides that a temporary visitor driver’s license
27shall be valid for two years and may be renewed. The DOT
28is prohibited from distinguishing between temporary visitor
29driver’s license status and any other licensure status in any
30disclosure pertaining to a licensee. The DOT may adopt rules
31relating to the issuance of temporary visitor driver’s licenses
32and instruction permits, including providing for appropriate
33license fees.
-5-ns/nh
2licenses to certain foreign nationals.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 14A. “Consular identification document”
4means an official identification card issued by a foreign
5government that meets all of the following requirements:
6a. The identification card is issued through the foreign
7government’s consular offices for the purpose of identifying
8a foreign national who is living outside the foreign
9jurisdiction.
10b. The foreign government requires the foreign national
11to provide proof of nationality that is within the foreign
12government’s jurisdiction and proof of identity to obtain the
13identification card.
14c. The foreign government includes all of the following
15security features in the identification card:
16(1) A unique identification number.
17(2) An optically variable feature such as a hologram or
18color-shifting inks.
19(3) An ultraviolet image.
20(4) Encoded information.
21(5) Machine-readable technology.
22(6) Microprinting.
23(7) Secure laminate.
24(8) Integrated photograph and signature.
25d. The identification card includes on its face the name of
26the individual to whom it is issued, the date of issuance, the
27date of expiration, the name of the issuing consular office or
28foreign government, and the unique identification number. The
29identification card must include an English translation of the
30data fields.
31e. The issuing consular office or foreign government has
32filed with the department a copy of the foreign government’s
33standard consular identification document and a certification
34of the procedures that are used to satisfy the requirements of
35paragraphs “b” and “c”.
-1-1 Sec. 2. NEW SECTION. 321.181A Temporary visitor driver’s
2license.
31. The department may issue a temporary visitor driver’s
4license, valid for a period of two years, to a person who
5is a resident of this state and is otherwise eligible for a
6driver’s license but does not present a social security number
7or documentation of authorized presence issued by the United
8States citizenship and immigration services.
92. In addition to other documents accepted by the department
10under administrative rules to establish the identity and
11date of birth of an applicant for a driver’s license, if the
12applicant is applying for a temporary visitor driver’s license
13under this section, the department may accept a valid unexpired
14passport from the applicant’s country of citizenship or a valid
15unexpired consular identification document.
163. An applicant for a temporary visitor driver’s license
17who is under eighteen years of age at the time of application
18is subject to the provisions of sections 321.177, subsection
191, and section 321.184.
204. Except as otherwise provided by law, a person issued a
21temporary visitor driver’s license is subject to the provisions
22of the Code and administrative rules to the same extent as a
23person issued any other driver’s license under this chapter,
24including but not limited to financial liability coverage
25requirements under section 321.20B and examination requirements
26under section 321.186.
275. A peace officer shall not detain, arrest, penalize, or
28discriminate against a person based solely on the person’s
29presentation of a temporary visitor driver’s license.
306. For purposes of this chapter, a temporary visitor
31driver’s license constitutes proof of identity to the same
32extent as any other driver’s license issued pursuant to this
33chapter. However, a temporary visitor driver’s license shall
34not be used to determine voting eligibility or eligibility for
35any license issued or benefit or service provided by this state
-2-1or a political subdivision of this state.
27. The department may adopt rules as necessary to implement
3this section, including but not limited to rules regarding the
4design and content of the temporary visitor driver’s license;
5alternative identifying numbers to be used by the department
6to establish the identity of an applicant, including a federal
7individual taxpayer identification number; the issuance of
8temporary visitor driver’s instruction permits; and appropriate
9fees to be charged for issuance of temporary visitor driver’s
10licenses and instruction permits.
118. Notwithstanding section 321.11 or any other provision
12of law to the contrary, in any disclosure pertaining to
13a licensee, the department shall not distinguish between
14temporary visitor driver’s license status and any other
15licensure status.
16 Sec. 3. Section 321.189, Code 2017, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 9. Temporary visitor driver’s license.
19A temporary visitor driver’s license shall be of the same
20design as a driver’s license of the same class, except for
21such minimal changes as are necessary to comply with the
22requirements of the federal REAL ID Act of 2005, Pub.L. No.
23109-13, §202(d)(11).
24 Sec. 4. Section 321.196, subsection 1, Code 2017, is amended
25to read as follows:
261. Except as otherwise provided, if the licensee is between
27the ages of seventeen years eleven months and seventy-two years
28on the date of issuance of the license, a driver’s license,
29other than an instruction permit, chauffeur’s instruction
30permit, or commercial learner’s permit issued under section
31321.180, expires eight years from the licensee’s birthday
32anniversary occurring in the year of issuance, but not to
33exceed the licensee’s seventy-fourth birthday. If the licensee
34is under the age of seventeen years eleven months or age
35seventy-two or over, the license is effective for a period of
-3-1two years from the licensee’s birthday anniversary occurring in
2the year of issuance. A licensee whose license is restricted
3due to vision or other physical deficiencies may be required
4to renew the license every two years. If a licensee is a
5foreign national who is temporarily present in this state,
6the license shall be issued only for the length of time the
7foreign national is authorized to be present as verified by
8the department, not to exceed two years. A temporary visitor
9driver’s license issued pursuant to section 321.181A shall be
10issued for two years and may be renewed.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides for the issuance of a temporary
15visitor driver’s license to a person who presents a consular
16identification document as proof of identification and date of
17birth.
18The bill defines “consular identification document” as an
19official identification card issued by a foreign government,
20through the foreign government’s consular offices, for the
21purpose of identifying a foreign national who is living
22outside the foreign jurisdiction. The definition specifies
23security attributes that a consular identification document
24must have and content the document must contain. The document
25must include an English translation of the data fields. The
26definition also requires that a copy of the standard document
27issued by the consular office or foreign government be filed
28with the department of transportation along with certification
29of procedures used to ascertain the identity of a person
30to whom a consular identification document is issued and
31procedures used to satisfy the specified security requirements
32of the document.
33Under the bill, the department of transportation (DOT) may
34issue a temporary visitor driver’s license to a person who is
35otherwise qualified for a driver’s license but does not present
-4-1a social security number or document of authorized presence
2issued by the United States citizenship and immigration
3services. The DOT may accept an unexpired passport from
4the applicant’s country of citizenship or a valid unexpired
5consular identification document as proof of identification and
6date of birth.
7The bill specifies that a person with a temporary visitor
8driver’s license is subject to all of the Code provisions and
9administrative rules applicable to a person with any other
10type of driver’s license, including provisions relating to
11drivers under 18 years of age, examination requirements, and
12financial liability coverage requirements. For purposes of
13Code chapter 321 relating to the regulation of motor vehicles
14and motor vehicle operators, a temporary visitor driver’s
15license constitutes proof of identification to the same extent
16as any other driver’s license. However, the bill prohibits
17the license from being used to determine voting eligibility
18or eligibility for any license issued or benefit or service
19provided by this state or a political subdivision of this
20state. The bill requires the design of the temporary visitor
21driver’s license to be the same as another driver’s license of
22the same class, except that the DOT may make minimal changes as
23necessary to comply with requirements of the federal REAL ID
24Act of 2005 relating to driver’s licenses that may not be used
25for federal purposes according to that Act.
26The bill provides that a temporary visitor driver’s license
27shall be valid for two years and may be renewed. The DOT
28is prohibited from distinguishing between temporary visitor
29driver’s license status and any other licensure status in any
30disclosure pertaining to a licensee. The DOT may adopt rules
31relating to the issuance of temporary visitor driver’s licenses
32and instruction permits, including providing for appropriate
33license fees.
-5-ns/nh