ARC 9336C

ARC 9336C

Proposing rulemaking related to nonoperator’s identification
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on March 19, 2025. A public hearing was held on the following date(s):

●April 11, 2025

The Department received no comments. The Department is making additional changes to the chapter to incorporate changes needed due to 2025 Iowa Acts, Senate File 418, which will take effect on July 1, 2025. Senate File 418 adds a new definition of “sex” in Iowa Code section 4.1A referring to sex as male or female as observed or clinically verified at birth. Senate File 418 also removes the process of obtaining an amended birth certificate to reflect a change in a person’s sex designation from Iowa Code section 144.23. Due to these Iowa Code changes, a person will no longer be able to change the sex designation on the person’s nonoperator’s identification card to reflect a sex designation different than what is listed on the person’s identity document, thus necessitating the conforming changes to this chapter.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Sara Siedsma and advise of specific needs.

ITEM 1.Rescind 761—Chapter 630 and adopt the following new chapter in lieu thereof:

CHAPTER 630

NONOPERATOR’S IDENTIFICATION

761—630.1(321) General information.

630.1(1) The department will issue a nonoperator’s identification card only to an Iowa resident who does not have a driver’s license. However, a card may be issued to a person holding a temporary permit under Iowa Code section 321.181.

630.1(2) Definitions.

“License” means “driver’s license” as defined in Iowa Code section321.1(20A) unless the context otherwise requires.

“Temporarily present in this state” means a person who has temporary lawful status as defined in 6 CFR Section 37.3 effective January 1, 2024.

630.1(3) Applications, forms and information concerning the nonoperator’s identification card are available at any driver’s license service center. Assistance is also available by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; by telephone at 515.244.8725; by facsimile at 515.239.1837; or on the department’s website at www.iowadot.gov/mvd/driverslicense/Fees-and-license-type#54672691-id-card-only.

761—630.2(321) Application and issuance.

630.2(1) An applicant for a nonoperator’s identification card is to complete and sign an application form at a driver’s license service center. The signature shall be without qualification and contain only the applicant’s usual signature without any other titles, characters or symbols.

630.2(2) The applicant is to present proof of identity, date of birth, social security number, Iowa residency, current residential address and lawful status as required by rule 761—601.5(321). If applicable, submission of a parent’s, guardian’s, or custodian’s consent is also required in accordance with rule 761—601.6(321). The applicant or a current cardholder may provide the department with emergency contact information in accordance with rule 761—601.3(321).

630.2(3) The nonoperator’s identification card will be coded for identification only as explained on the reverse side of the card. A card issued to a person who is a foreign national who is temporarily present in this state shall be issued only for the length of time the person is authorized to be present in the United States as verified by the department pursuant to 6 CFR Section 37.21, not to exceed two years. However, if the person’s lawful status has no expiration date, the card shall be issued for a period of no longer than one year pursuant to 6 CFR Section 37.21(b)“1.”

630.2(4) Upon the request of the cardholder, the department may indicate on the nonoperator’s identification card any of the following:

a.That the cardholder has a medical condition.

b.That the cardholder is a donor under the uniform anatomical gift law.

c.That the cardholder has in effect a medical advance directive.

d.That the cardholder is hard of hearing or deaf.

e.That the cardholder is a veteran.

(1)To be eligible for a veteran designation, the cardholder must be an honorably discharged veteran of the armed forces of the United States, the national guard or reserve forces as described in Iowa Code section 35.1. A cardholder who requests a veteran designation may provide one of the following:

1.Form 432035, properly completed by the cardholder and a designee of the Iowa department of veterans affairs.

2.Certification of release or discharge from active duty, DD Form 214, to the department indicating that the cardholder was honorably discharged from active duty.

(2)A cardholder who was a member of the national guard or reserve forces and who applies directly to the department must present a DD Form 214, which indicates that the cardholder was honorably discharged after serving for at least a minimum aggregate (total) of 90 days of active duty service for purposes other than training. A cardholder who was a member of the national guard or reserve forces and who has a discharge document other than a DD Form 214 must submit Form 432035, properly completed by the cardholder and a designee of the Iowa department of veterans affairs.

(3)The department may consult with and defer to the Iowa department of veterans affairs regarding what constitutes a properly completed DD Form 214 and veteran status in general.

f.That the cardholder has autism spectrum disorder.

630.2(5) No issuance fee is to be charged for a person whose license has been suspended for incapability pursuant to rule 761—615.14(321), who has been denied further licensing in lieu of a suspension for incapability pursuant to rule 761—615.4(321), or who voluntarily surrenders the person’s license in lieu of suspension for incapability pursuant to rule 761—615.14(321).

630.2(6) An applicant who is a foreign national who is temporarily present in this state must provide documentation of lawful status as required by 761—subrule 601.5(4) at each renewal.

630.2(7) A person who seeks a nonoperator’s identification card that is compliant with the REAL ID Act of 2005, 49 U.S.C. Section 30301 note, as implemented in 6 CFR Part 37 (“REAL ID nonoperator’s identification card”) effective January 1, 2024, must meet and comply with all lawful requirements for an Iowa nonoperator’s identification card and must also meet and comply with all application and documentation requirements set forth at 6 CFR Part 37, including but not limited to documentation of identity, date of birth, social security number, address of principal residence and evidence of lawful status in the United States. Documents and information provided will be verified pursuant to 6 CFR Section 37.13. An applicant for a REAL ID nonoperator’s identification card is subject to a mandatory facial image capture that meets the requirements of 6 CFR Section 37.11(a). A REAL ID nonoperator’s identification card may not be issued, reissued or renewed except as permitted in 6 CFR Part 37 and may not be issued, reissued or renewed by any procedure, in any circumstance, to any person or for any term prohibited under 6 CFR Part 37. The information on the front of any REAL ID nonoperator’s identification card must include all information and markings required by 6 CFR Section 37.17. Nothing in this subrule requires a person to obtain a REAL ID nonoperator’s identification card.

630.2(8) A nonoperator’s identification card issued to a foreign national who is temporarily present in this state shall include the following statement on the face of the card: “limited term.”

630.2(9) A nonoperator’s identification card that is not issued as a REAL ID nonoperator’s identification card as described in subrule 630.2(7) is to include the following statement on the face of the card: “not for REAL ID Act purposes” as required by 6 CFR Section 37.71 and any subsequent guidance issued by the U.S. Department of Homeland Security.

630.2(10) The department may determine means or methods for electronic renewal of a nonoperator’s identification card.

a.An applicant who meets the following criteria may apply for electronic renewal:

(1)The applicant is at least 18 years old.

(2)The applicant’s photo was updated at the applicant’s last issuance or renewal.

(3)The applicant’s nonoperator’s identification card has not been expired for more than one year.

(4)The department’s records show the applicant is a U.S. citizen.

(5)The applicant’s nonoperator’s identification card is not marked “valid without photo.”

(6)The applicant is not seeking to change any of the following as it appears on the applicant’s nonoperator’s identification card:

1.Name.

2.Date of birth.

b.An applicant who has not previously been issued a REAL ID nonoperator’s identification card may not request a REAL ID nonoperator’s identification card by electronic renewal.

630.2(11) An applicant for a nonoperator’s identification card is to surrender all other driver’s licenses and nonoperator’s identification cards, other than a temporary permit held under Iowa Code section 321.181. This includes any driver’s licenses or nonoperator’s identification cards issued by a state other than Iowa or a foreign jurisdiction unless otherwise provided in a letter of understanding or other written memorialization of reciprocity or understanding. An applicant who renews a nonoperator’s identification card electronically pursuant to subrule 630.2(10) is to destroy the previous nonoperator’s identification card upon receipt of a renewed nonoperator’s identification card.

761—630.3(321) Duplicate card.

630.3(1) Lost, stolen or destroyed card. To replace a nonoperator’s identification card that is lost, stolen or destroyed, the cardholder shall provide the cardholder’s full legal name, date of birth and social security number, all of which must be verified by the department, and pay the statutory replacement fee. A cardholder subject to 761—paragraph 601.5(2)“b” is to provide the applicant’s U.S. Customs and Immigration Services number, which will be verified by the department. The department may investigate or require additional information as may be reasonably necessary to determine that the cardholder’s identity matches the identity of record and will not issue the replacement card if the cardholder’s identity is questionable, cannot be determined or otherwise does not match the identity of record. If the cardholder’s current residential address, name or date of birth has changed since the previous card was issued, the cardholder is to comply with 761—subrule 605.11(2).

630.3(2) Voluntary replacement. To voluntarily replace a nonoperator’s identification card, the cardholder is to surrender to the department the card to be replaced. The reasons a card may be voluntarily replaced and any additional supporting documentation required are the same as those listed in 761—paragraphs 605.11(2)“a” through “j.”

630.3(3) Replacement upon attaining the age of 21.

a.A cardholder, upon attaining the age of 21, who is otherwise eligible for a nonoperator’s identification card, is eligible to electronically apply for a replacement card under this rule for the unexpired months of the card, regardless of whether the most recent issuance occurred electronically.

b.Except for the requirements in 761—subparagraphs 605.25(7)“a”(1) and “a”(2), the cardholder must meet the eligibility requirements listed in 761—paragraph 605.25(7)“a” to replace the card electronically and must also meet the following criteria:

(1)The cardholder is at least 21 years old.

(2)The cardholder currently holds a nonoperator’s identification card marked “under 21” as provided in Iowa Code section 321.190.

These rules are intended to implement Iowa Code sections 321.13, 321.181, 321.189, 321.190, 321.195 and 321.216 through 321.216C; the REAL ID Act of 2005 (49 U.S.C. Section 30301 note) as amended by the REAL ID Modernization Act, H.R. 133, Division U, Title X; and 6 CFR Part 37.