Bill Text: IA HF287 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act concerning the issuance of temporary visitor driver’s licenses to certain foreign nationals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-09 - Introduced, referred to Transportation. H.J. 260. [HF287 Detail]
Download: Iowa-2017-HF287-Introduced.html
House File 287 - Introduced HOUSE FILE BY ABDUL=SAMAD A BILL FOR 1 An Act concerning the issuance of temporary visitor driver's 2 licenses to certain foreign nationals. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2381YH (2) 87 ns/nh PAG LIN 1 1 Section 1. Section 321.1, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 14A. "Consular identification document" 1 4 means an official identification card issued by a foreign 1 5 government that meets all of the following requirements: 1 6 a. The identification card is issued through the foreign 1 7 government's consular offices for the purpose of identifying 1 8 a foreign national who is living outside the foreign 1 9 jurisdiction. 1 10 b. The foreign government requires the foreign national 1 11 to provide proof of nationality that is within the foreign 1 12 government's jurisdiction and proof of identity to obtain the 1 13 identification card. 1 14 c. The foreign government includes all of the following 1 15 security features in the identification card: 1 16 (1) A unique identification number. 1 17 (2) An optically variable feature such as a hologram or 1 18 color=shifting inks. 1 19 (3) An ultraviolet image. 1 20 (4) Encoded information. 1 21 (5) Machine=readable technology. 1 22 (6) Microprinting. 1 23 (7) Secure laminate. 1 24 (8) Integrated photograph and signature. 1 25 d. The identification card includes on its face the name of 1 26 the individual to whom it is issued, the date of issuance, the 1 27 date of expiration, the name of the issuing consular office or 1 28 foreign government, and the unique identification number. The 1 29 identification card must include an English translation of the 1 30 data fields. 1 31 e. The issuing consular office or foreign government has 1 32 filed with the department a copy of the foreign government's 1 33 standard consular identification document and a certification 1 34 of the procedures that are used to satisfy the requirements of 1 35 paragraphs "b" and "c". 2 1 Sec. 2. NEW SECTION. 321.181A Temporary visitor driver's 2 2 license. 2 3 1. The department may issue a temporary visitor driver's 2 4 license, valid for a period of two years, to a person who 2 5 is a resident of this state and is otherwise eligible for a 2 6 driver's license but does not present a social security number 2 7 or documentation of authorized presence issued by the United 2 8 States citizenship and immigration services. 2 9 2. In addition to other documents accepted by the department 2 10 under administrative rules to establish the identity and 2 11 date of birth of an applicant for a driver's license, if the 2 12 applicant is applying for a temporary visitor driver's license 2 13 under this section, the department may accept a valid unexpired 2 14 passport from the applicant's country of citizenship or a valid 2 15 unexpired consular identification document. 2 16 3. An applicant for a temporary visitor driver's license 2 17 who is under eighteen years of age at the time of application 2 18 is subject to the provisions of sections 321.177, subsection 2 19 1, and section 321.184. 2 20 4. Except as otherwise provided by law, a person issued a 2 21 temporary visitor driver's license is subject to the provisions 2 22 of the Code and administrative rules to the same extent as a 2 23 person issued any other driver's license under this chapter, 2 24 including but not limited to financial liability coverage 2 25 requirements under section 321.20B and examination requirements 2 26 under section 321.186. 2 27 5. A peace officer shall not detain, arrest, penalize, or 2 28 discriminate against a person based solely on the person's 2 29 presentation of a temporary visitor driver's license. 2 30 6. For purposes of this chapter, a temporary visitor 2 31 driver's license constitutes proof of identity to the same 2 32 extent as any other driver's license issued pursuant to this 2 33 chapter. However, a temporary visitor driver's license shall 2 34 not be used to determine voting eligibility or eligibility for 2 35 any license issued or benefit or service provided by this state 3 1 or a political subdivision of this state. 3 2 7. The department may adopt rules as necessary to implement 3 3 this section, including but not limited to rules regarding the 3 4 design and content of the temporary visitor driver's license; 3 5 alternative identifying numbers to be used by the department 3 6 to establish the identity of an applicant, including a federal 3 7 individual taxpayer identification number; the issuance of 3 8 temporary visitor driver's instruction permits; and appropriate 3 9 fees to be charged for issuance of temporary visitor driver's 3 10 licenses and instruction permits. 3 11 8. Notwithstanding section 321.11 or any other provision 3 12 of law to the contrary, in any disclosure pertaining to 3 13 a licensee, the department shall not distinguish between 3 14 temporary visitor driver's license status and any other 3 15 licensure status. 3 16 Sec. 3. Section 321.189, Code 2017, is amended by adding the 3 17 following new subsection: 3 18 NEW SUBSECTION. 9. Temporary visitor driver's license. 3 19 A temporary visitor driver's license shall be of the same 3 20 design as a driver's license of the same class, except for 3 21 such minimal changes as are necessary to comply with the 3 22 requirements of the federal REAL ID Act of 2005, Pub. L. No. 3 23 109=13, {202(d)(11). 3 24 Sec. 4. Section 321.196, subsection 1, Code 2017, is amended 3 25 to read as follows: 3 26 1. Except as otherwise provided, if the licensee is between 3 27 the ages of seventeen years eleven months and seventy=two years 3 28 on the date of issuance of the license, a driver's license, 3 29 other than an instruction permit, chauffeur's instruction 3 30 permit, or commercial learner's permit issued under section 3 31 321.180, expires eight years from the licensee's birthday 3 32 anniversary occurring in the year of issuance, but not to 3 33 exceed the licensee's seventy=fourth birthday. If the licensee 3 34 is under the age of seventeen years eleven months or age 3 35 seventy=two or over, the license is effective for a period of 4 1 two years from the licensee's birthday anniversary occurring in 4 2 the year of issuance. A licensee whose license is restricted 4 3 due to vision or other physical deficiencies may be required 4 4 to renew the license every two years. If a licensee is a 4 5 foreign national who is temporarily present in this state, 4 6 the license shall be issued only for the length of time the 4 7 foreign national is authorized to be present as verified by 4 8 the department, not to exceed two years. A temporary visitor 4 9 driver's license issued pursuant to section 321.181A shall be 4 10 issued for two years and may be renewed. 4 11 EXPLANATION 4 12 The inclusion of this explanation does not constitute agreement with 4 13 the explanation's substance by the members of the general assembly. 4 14 This bill provides for the issuance of a temporary 4 15 visitor driver's license to a person who presents a consular 4 16 identification document as proof of identification and date of 4 17 birth. 4 18 The bill defines "consular identification document" as an 4 19 official identification card issued by a foreign government, 4 20 through the foreign government's consular offices, for the 4 21 purpose of identifying a foreign national who is living 4 22 outside the foreign jurisdiction. The definition specifies 4 23 security attributes that a consular identification document 4 24 must have and content the document must contain. The document 4 25 must include an English translation of the data fields. The 4 26 definition also requires that a copy of the standard document 4 27 issued by the consular office or foreign government be filed 4 28 with the department of transportation along with certification 4 29 of procedures used to ascertain the identity of a person 4 30 to whom a consular identification document is issued and 4 31 procedures used to satisfy the specified security requirements 4 32 of the document. 4 33 Under the bill, the department of transportation (DOT) may 4 34 issue a temporary visitor driver's license to a person who is 4 35 otherwise qualified for a driver's license but does not present 5 1 a social security number or document of authorized presence 5 2 issued by the United States citizenship and immigration 5 3 services. The DOT may accept an unexpired passport from 5 4 the applicant's country of citizenship or a valid unexpired 5 5 consular identification document as proof of identification and 5 6 date of birth. 5 7 The bill specifies that a person with a temporary visitor 5 8 driver's license is subject to all of the Code provisions and 5 9 administrative rules applicable to a person with any other 5 10 type of driver's license, including provisions relating to 5 11 drivers under 18 years of age, examination requirements, and 5 12 financial liability coverage requirements. For purposes of 5 13 Code chapter 321 relating to the regulation of motor vehicles 5 14 and motor vehicle operators, a temporary visitor driver's 5 15 license constitutes proof of identification to the same extent 5 16 as any other driver's license. However, the bill prohibits 5 17 the license from being used to determine voting eligibility 5 18 or eligibility for any license issued or benefit or service 5 19 provided by this state or a political subdivision of this 5 20 state. The bill requires the design of the temporary visitor 5 21 driver's license to be the same as another driver's license of 5 22 the same class, except that the DOT may make minimal changes as 5 23 necessary to comply with requirements of the federal REAL ID 5 24 Act of 2005 relating to driver's licenses that may not be used 5 25 for federal purposes according to that Act. 5 26 The bill provides that a temporary visitor driver's license 5 27 shall be valid for two years and may be renewed. The DOT 5 28 is prohibited from distinguishing between temporary visitor 5 29 driver's license status and any other licensure status in any 5 30 disclosure pertaining to a licensee. The DOT may adopt rules 5 31 relating to the issuance of temporary visitor driver's licenses 5 32 and instruction permits, including providing for appropriate 5 33 license fees. LSB 2381YH (2) 87 ns/nh
