Bill Text: IA SF2109 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the driving privileges of persons under eighteen years of age, and making penalties applicable. (Formerly SSB 3097.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-05-17 - Signed by Governor. S.J. 962. [SF2109 Detail]

Download: Iowa-2023-SF2109-Introduced.html

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Senate File 2109 - Introduced
SENATE FILE 2109
BY COMMITTEE ON WORKFORCE
(SUCCESSOR TO SSB 3097)
A BILL FOR
An Act relating to the driving privileges of persons under
eighteen years of age, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 232.52, subsection 2, paragraph a,
subparagraph (4), subparagraph division (b), Code 2024, is
amended to read as follows:
(b) The child may be issued a temporary restricted license
or school special minor’s restricted license if the child is
otherwise eligible.
Sec. 2. Section 321.1, subsection 20A, Code 2024, is amended
to read as follows:
20A. “Driver’s license” means any license or permit issued
to a person to operate a motor vehicle on the highways of
this state, including but not limited to a restricted work,
special minor’s restricted, temporary restricted , or temporary
license and an instruction, chauffeur’s instruction, commercial
learner’s, or temporary permit. For purposes of license
suspension, revocation, bar, disqualification, cancellation, or
denial under this chapter and chapters 321A , 321C , and 321J ,
“driver’s license” includes any privilege to operate a motor
vehicle.
Sec. 3. Section 321.178, subsection 2, Code 2024, is amended
to read as follows:
2. Restricted work license.
a. (1) A person between sixteen and eighteen years of age
who has completed an approved driver education course and is
not in attendance at school and has not met the requirements
described in section 299.2, subsection 1 , may be issued a
restricted work license only for travel to and from work or to
transport dependents to and from temporary care facilities,
if necessary for the person to maintain the person’s present
employment. The restricted work license shall be issued by the
department only upon confirmation of the person’s employment
and need for a restricted work license to travel to and from
work or to transport dependents to and from temporary care
facilities if necessary to maintain the person’s employment.
The employer shall notify the department if the employment of
the person is terminated before the person attains the age of
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eighteen.
(2) (a) A person issued a restricted work license
under this section subsection shall not use an electronic
communication device or an electronic entertainment device
while driving a motor vehicle unless the motor vehicle is at a
complete stop off the traveled portion of the roadway. This
subparagraph division does not apply to the use of electronic
equipment which is permanently installed in the motor vehicle
or to a portable device which is operated through permanently
installed equipment.
(b) The department, in cooperation with the department of
public safety, shall establish educational programs to foster
compliance with the requirements of subparagraph division (a).
b. The department may suspend a restricted driver’s work
license issued under this section subsection upon receiving
satisfactory evidence that the licensee has violated the
restrictions imposed under paragraph “a” , subparagraph (2),
subparagraph division (a). The department may also suspend a
restricted work license issued under this section subsection
upon receiving a record of the person’s conviction for one
violation and shall revoke the license upon receiving a record
of conviction for two or more violations of a law of this state
or a city ordinance regulating the operation of motor vehicles
on highways, other than parking violations as defined described
in section 321.210 . After revoking a restricted work license
under this section paragraph, the department shall not grant an
application for a new driver’s license or instruction permit
until the expiration of one year or until the person attains
the age of eighteen, whichever is the longer period.
c. A person who violates the restrictions imposed under
paragraph “a” , subparagraph (2), subparagraph division (a),
may be issued a citation under this section and shall not be
issued a citation under section 321.193 . A violation of the
restrictions imposed under paragraph “a” , subparagraph (2),
subparagraph division (a), shall not be considered a moving
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violation.
Sec. 4. Section 321.180B, unnumbered paragraph 1, Code
2024, is amended to read as follows:
Persons under age eighteen shall not be issued a license or
permit to operate a motor vehicle except under the provisions
of this section . However, the department may issue restricted
work and special driver’s minor’s restricted licenses to
certain minors as provided in sections 321.178 and 321.194 , and
driver’s licenses restricted to motorized bicycles as provided
in section 321.189 . A person shall not be issued a license or
permit to operate a motor vehicle if prohibited under section
321.194, subsection 7. A license or permit shall not be issued
under this section or section 321.178 or 321.194 without the
consent of a parent or guardian or a person having custody of
the applicant under chapter 232 or 600A . An additional consent
is required each time a license or permit is issued under this
section or section 321.178 or 321.194 . The consent must be
signed by at least one parent, guardian, or custodian on an
affidavit form provided by the department.
Sec. 5. Section 321.191, subsection 6, Code 2024, is amended
to read as follows:
6. Special minors’ Minors’ restricted licenses.
Notwithstanding subsection 2 , the fee for a driver’s special
minor’s restricted license issued to a minor under section
321.194 or a restricted work license issued to a minor under
section 321.178, subsection 2 , is eight dollars.
Sec. 6. Section 321.194, Code 2024, is amended by striking
the section and inserting in lieu thereof the following:
321.194 Special minor’s restricted license.
1. Application —— persons eligible. The department may
issue a special minor’s restricted license to an applicant
under the age of sixteen if the applicant meets all of the
following conditions:
a. The applicant holds an instruction permit issued by the
department in accordance with section 321.180B, or a comparable
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permit issued by another state.
b. The applicant has successfully completed an approved
driver education course. However, the completion of a
course is not required if the applicant demonstrates to the
satisfaction of the department that completion of the course
would impose a hardship upon the applicant. The department
shall adopt rules defining the term “hardship” and establishing
procedures for the demonstration and determination of when
completion of the course would impose a hardship upon an
applicant.
c. The applicant submits a certification from the
applicant’s school certifying the applicant is enrolled at
the school for courses of instruction or extracurricular
activities.
2. Consent —— employment. Prior to being authorized to
operate a motor vehicle to a place of employment unsupervised,
the applicant’s parent or guardian must submit written consent
for the applicant to operate a motor vehicle to work. The
written consent must include the name and address of the
applicant’s place of employment. The parent or guardian of a
licensee must update the place of employment information if
the place of employment changes prior to the licensee being
authorized to operate a motor vehicle unsupervised to a new
place of employment.
3. Persons ineligible. The department shall not issue a
special minor’s restricted license to an applicant if any of
the following occurred during the six-month period immediately
preceding the application:
a. The applicant’s driving privileges have been suspended,
revoked, or barred under this chapter or chapter 321J.
b. The applicant was at fault for causing an accident or
collision.
c. The applicant has been convicted of a violation of a
law of this state or a city ordinance regulating the operation
of motor vehicles on highways other than parking violations as
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described in section 321.210.
4. License privileges.
a. The department shall classify the special minor’s
restricted license as a class C or class M license, as
applicable. A licensee is entitled to operate a motor vehicle
as provided in this section, other than a commercial motor
vehicle, a motor vehicle with more than two axles, a motor
vehicle towing another vehicle, or as a chauffeur.
b. A licensee may operate a motor vehicle unsupervised over
the most direct and accessible route between the licensee’s
residence, school of enrollment, place of employment, and the
closest service station, for any of the following purposes, as
applicable, provided the driving distance between the point of
origin and the destination is no more than twenty-five miles,
and the licensee is in immediate possession of the license
card:
(1) To return to the licensee’s residence following the
end of the licensee’s duly scheduled courses of instruction,
extracurricular activities, or work shift, as applicable.
(2) To attend duly scheduled courses of instruction.
However, a licensee who attends a public school and resides
within that public school district may operate a motor vehicle
between the licensee’s residence and school regardless of the
distance.
(3) To participate in extracurricular activities.
(4) To complete a scheduled work shift, if approved by the
licensee’s parent or guardian pursuant to subsection 2.
(5) For the purpose of refueling the motor vehicle being
operated.
5. Restrictions. Unless accompanied and supervised in
accordance with section 321.180B, subsection 1, a licensee
shall not do any of the following:
a. Operate the motor vehicle except during the hour
before and after the beginning and end of the licensee’s duly
scheduled courses of instruction, extracurricular activities,
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or work shift, as applicable.
b. Transport more than one unrelated minor passenger in the
motor vehicle when the licensee is operating the motor vehicle.
For purposes of this paragraph, “unrelated minor passenger”
means a passenger who is under eighteen years of age and who is
not a sibling of the driver, a stepsibling of the driver, or a
child who resides in the same household as the driver.
c. Operate the motor vehicle on a highway except as
authorized under subsection 4, paragraph “b” .
d. Use an electronic communication device or an electronic
entertainment device while operating a motor vehicle unless the
motor vehicle is at a complete stop off the traveled portion
of the roadway. This paragraph does not apply to the use
of electronic equipment which is permanently installed in
the motor vehicle or to a portable device which is operated
through permanently installed equipment. The department,
in cooperation with the department of public safety, shall
establish educational programs to foster compliance with the
requirements of this paragraph.
e. Operate a motor vehicle to the licensee’s place of
employment unless the licensee’s parent or guardian submitted
a written statement to the department in accordance with
subsection 2.
6. Certification. The department shall prescribe a
certification form. If the applicant is enrolled at a school
for courses of instruction or extracurricular activities, the
applicant’s school shall certify that fact on the certification
form, which must also include a statement that the person
signing the certificate is not responsible for actions of the
applicant which pertain to the use of the special minor’s
restricted license.
a. If the applicant attends a public school, the
certification must be made by the school board, superintendent
of the applicant’s school, or principal, if authorized by the
superintendent.
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b. If the applicant attends an accredited nonpublic
school, the certification must be made by the authorities in
charge of the accredited nonpublic school or a duly authorized
representative of the authorities.
7. License sanctions.
a. A special minor’s restricted license issued under this
section is subject to suspension, revocation, or other sanction
for the same reasons and in the same manner as suspension or
revocation of any other driver’s license, and as provided in
this section. The department shall suspend a special minor’s
restricted license for three months, as follows:
(1) Upon receiving satisfactory evidence that the licensee
violated the restrictions of the license or was at fault in an
accident or collision.
(2) Upon receiving a record of the licensee’s conviction
for one violation of a law of this state or a city ordinance
regulating the operation of motor vehicles on highways other
than parking violations as described in section 321.210.
b. As a result of the suspension, the department shall
not issue an intermediate license under section 321.180B for
an additional three months to a person whose special minor’s
restricted license was suspended under this subsection, per
violation, following the person’s sixteenth birthday.
8. Citations for violation of restrictions. A person who
violates the restrictions imposed under subsection 5 may
be issued a citation under this section and shall not be
issued a citation under section 321.193. A violation of the
restrictions imposed under subsection 5 is a moving violation.
9. Definitions. As used in this section:
a. “Place of employment” means the fixed location of an
employer who employs a person under sixteen years of age in
accordance with chapter 92, and is the only location at which
the person is authorized to work for the employer.
b. “Residence” means the place where a person resides,
permanently or temporarily. A person may have up to three
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different residences for purposes of this section, if the
person’s parent or guardian provides written consent of the
additional residences to the department.
c. “School” means a public school or an accredited nonpublic
school, and includes facilities operated by a public or
accredited nonpublic school for the purposes of educational or
extracurricular activities.
10. Rules. The department may adopt rules pursuant to
chapter 17A to administer this section.
Sec. 7. Section 321.213B, Code 2024, is amended to read as
follows:
321.213B Suspension for failure to attend.
The department shall establish procedures by rule for
suspending the license of a juvenile who has been issued a
driver’s license and is not in compliance with the requirements
of section 299.1B or and issuing the juvenile a restricted work
license under section 321.178 .
Sec. 8. Section 321.482A, unnumbered paragraph 1, Code
2024, is amended to read as follows:
Notwithstanding section 321.482 , a person who is convicted
of operating a motor vehicle in violation of section 321.178,
subsection 2 , paragraph “a” , subparagraph (2), section
321.180B, subsection 6 , section 321.194, subsection 2 5 ,
paragraph “b” “d” , subparagraph (2), section 321.256 , 321.257 ,
section 321.275, subsection 4 , section 321.276 , 321.297 ,
321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 ,
321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 ,
321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372,
subsection 3 , or section 321.449B , causing serious injury to
or the death of another person may be subject to the following
penalties in addition to the penalty provided for a scheduled
violation in section 805.8A or any other penalty provided by
law:
Sec. 9. PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES. A
person who holds a special minor’s license that was issued
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under section 321.194, Code 2024, before the effective date of
this Act may continue to operate a motor vehicle in accordance
with this Act on and after the effective date of this Act.
However, a person who was issued a special minor’s license
under section 321.194, Code 2024, prior to the effective date
of this Act shall not operate a motor vehicle unaccompanied
to the person’s place of employment until after the person’s
parent or guardian provides written consent to the department
in accordance with section 321.194, subsection 2, as enacted
by this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
In 2023, the general assembly requested the formation of
an interim study committee to examine policy matters and make
recommendations on statutory changes relating to licensed
driving by persons between 14 and 18 years of age (2023 Iowa
Acts, chapter 92, section 23) and the legislative council
established the minor driver’s license interim study committee
for that purpose. This bill reflects the committee’s unanimous
recommendations.
Current law requires the department of transportation (DOT)
to implement a graduated driver’s license process which places
driving restrictions for young and inexperienced drivers,
and removes restrictions as the driver ages and gains more
experience. Beginning at age 14, a person may drive while
accompanied. When a person turns 16, the person is eligible to
receive an intermediate driver’s license that authorizes the
holder to drive without an accompanying qualified person, but
subject to other specified restrictions. The DOT is authorized
to issue special permits and licenses to persons under the age
of 18, including a special minor’s license which authorizes
unsupervised driving and can be issued to a person 14 years
old.
Under current law, a special minor’s license entitles a
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person between the ages of 14 and 18 (student driver) to
operate a motor vehicle without adult supervision (drive)
from the student driver’s residence to the student driver’s
school or school bus stop or public transportation service, up
to 50 miles or more if the student driver drives to a school
within the school district of enrollment or within a school
district contiguous to the school district of enrollment. The
bill authorizes the DOT to instead issue a special minor’s
restricted license that entitles a person under the age of
16 (licensee) to drive from the licensee’s residence to the
licensee’s school, up to 25 miles, or more if the licensee
attends a public school and resides within the public school
district. To distinguish between licenses, the bill renames
the restricted license issued for work activities of minors
under current law to the restricted work license.
Under the bill, an applicant for a special minor’s
restricted license must hold an instruction permit issued by
the DOT or a comparable permit issued by another state, have
already successfully completed an approved driver education
course prior to applying, and submit a certification from
the applicant’s school certifying the applicant is enrolled
at the school for courses of instruction or extracurricular
activities. However, the completion of a course is not
required if the applicant demonstrates to the satisfaction of
the DOT that completion of the course would impose a hardship
upon the applicant. “Hardship” is defined by the DOT in
administrative rules and generally relates to the timing of
the applicant’s school offering a driver education course,
depending on the age of the applicant (761 IAC 602.26(3)).
The DOT is prohibited from issuing a special minor’s
restricted license to an applicant if the applicant’s driving
privileges have been sanctioned, if the applicant was at fault
for causing an accident or collision, or if the applicant has
been convicted of a traffic violation.
The bill retains current law requiring a licensee to operate
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upon the most direct and accessible route between approved
locations, including the closest service station for the
purpose of refueling a vehicle. The bill also does not reduce
or alter the driving privileges of a licensee when driving with
supervision in accordance with Code section 321.180B.
Current law distinguishes between a public school and
accredited nonpublic school as it relates to where a student
driver is authorized to drive unsupervised. The bill instead
authorizes a licensee to drive to school regardless of whether
the school is public or accredited nonpublic. However, if a
licensee attends a public school and resides within the public
school district, there is no limit to the distance the licensee
may drive to school, provided that the licensee uses the most
direct and accessible route.
Under current law, a student driver who resides on a farm or
is employed for compensation on a farm may drive up to 50 miles
for the purpose of assisting the person’s parents, guardians,
or employers with farm work or in connection with any farm job,
employment, or other farm-related work, including traveling to
or from the location of the farm work. The bill authorizes
a licensee to drive up to 25 miles to the licensee’s place
of employment and does not distinguish between farm work and
other work performed in accordance with Code chapter 92 (child
labor). The bill does not authorize a licensee to drive as
part of the licensee’s employment. A licensee’s parent or
guardian must provide the DOT with written consent for the
licensee to drive to work.
Current law authorizes a student driver to drive to approved
locations between the hours of 5:00 a.m. and 10:00 p.m. The
bill instead prohibits a licensee from driving except for one
hour before and after the school event or work shift.
The bill retains current prohibitions against transporting
more than one unrelated minor as a passenger and using an
electronic communication device or electronic entertainment
device while driving.
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The bill replaces the current requirement for schools to
certify that a special need exists for the DOT to issue a
special minor’s license, and instead requires an applicant’s
school to certify that the applicant is enrolled as a
student. The bill does not retain the one-mile presumption
of nonexistence of special need for the license or the appeal
process, as the bill no longer requires a school to make that
determination.
The bill requires the DOT to suspend a licensee’s license for
three months if the licensee violates the license restrictions,
is at fault for causing an accident or collision, or is
convicted of violating any other traffic law. The DOT is
also prohibited from issuing an intermediate driver’s license
for three months beyond when a person would otherwise be
eligible for the license, normally at age 16, under Code
section 321.180B. The bill does not retain the option for the
DOT to revoke a special minor’s license following a second
violation. The bill retains the same provision for violators
of the license restrictions to be issued a citation under
the bill instead of a citation under Code section 321.193
(restrictions on licenses). Contrary to current law, the
bill makes a violation of the license restrictions a moving
violation. Moving violations may be considered for purposes of
administrative suspension of a driver’s license or to establish
habitual offender status.
The DOT is authorized to adopt rules to administer the bill.
The bill does not require a person who holds a special
minor’s license that was issued before the effective date of
the bill to apply for a new license. Instead, a licensee may
continue to operate a motor vehicle in accordance with the
bill. However, a person who was issued a special minor’s
license prior to the effective date of the bill is prohibited
from driving unaccompanied to the person’s place of employment
until after the person’s parent or guardian provides written
consent to the DOT in accordance with the bill.
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By operation of law, a person who violates a restriction
imposed on a special minor’s restricted license commits a
simple misdemeanor punishable by a $70 scheduled fine. In
addition, if a person is convicted of using an electronic
communication device or electronic entertainment device and the
violation results in injury or death, the person is subject
to enhanced penalties. Under Code section 321.482A, if the
violation causes a serious injury, a court could impose an
additional fine of $500 or suspend the person’s driver’s
license for not more than 90 days, or both. If the violation
causes a death, a court could impose an additional fine of
$1,000 or suspend the person’s driver’s license for not more
than 180 days, or both.
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