Read the full stored bill text
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
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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.
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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.
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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
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