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

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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-Enrolled.html

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Senate File 2109 - Enrolled
Senate File 2109
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:
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.

Senate File 2109, p. 2
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
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

Senate File 2109, p. 3
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
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.

Senate File 2109, p. 4
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
between the ages of fourteen and eighteen years 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
permit issued by another state, and has held such permit for a
minimum of six months prior to applying for the special minor’s
restricted license.
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, or from the applicant’s primary instructor if the
applicant receives competent private instruction or independent
private instruction.
2. Consent —— employment. Prior to being authorized to
operate a motor vehicle unsupervised to a place of employment
or a location for farm-related work while employed to work on
a farm, the applicant’s parent or guardian must complete a
written consent form prescribed by the department.
a. The written consent form must include, at minimum, the
name and address of the applicant’s current place of employment
or primary farm location, as applicable.
b. If the place of employment or primary farm location
changes, the parent or guardian must complete a new written
consent form prior to the licensee being authorized to operate
a motor vehicle unsupervised to the new location.

Senate File 2109, p. 5
c. While a licensee is operating a motor vehicle as
described in this subsection, the licensee shall carry a copy
of the written consent form in the vehicle and present the form
for inspection upon request by a certified peace officer.
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
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, location where the licensee
receives competent private instruction or independent private
instruction, place of employment, location for farm work or
farm-related work if the licensee resides on a farm or is
employed for compensation on a farm in this state, 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, work shift, farm work, or
farm-related work, as applicable.

Senate File 2109, p. 6
(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. If
the licensee receives independent private instruction and
participates in an extracurricular activity at another school,
the licensee may drive to the location of the extracurricular
activity regardless of whether the licensee is enrolled at the
school.
(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 assisting the licensee’s parents,
guardians, or employer 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, if the
licensee resides on a farm or is employed for compensation on
a farm in this state. If employed, the licensee’s parent or
guardian must provide consent pursuant to subsection 2.
(6) 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,
work shift, farm work, or farm-related work, 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

Senate File 2109, p. 7
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 or location for farm work or farm-related work
unless the licensee’s parent or guardian completed a written
consent form and the form is carried in the motor vehicle and
available for inspection in accordance with subsection 2.
6. Certification. The department shall prescribe a
certification form for purposes of meeting the requirement
under subsection 1, paragraph “c” . 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.
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.
c. If the applicant receives competent private instruction,
the certification must be made by the applicant’s primary
instructor.
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

Senate File 2109, p. 8
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. “Competent private instruction” means as defined in
section 299A.1.
b. “Independent private instruction” means as defined in
section 299A.1.
c. “Place of employment” means the fixed location of an
employer who employs a person between the ages of fourteen and
eighteen in accordance with chapter 92, as applicable, and is
the only location at which the person is authorized to work for
the employer unless the person is employed for purposes of farm
work or farm-related work.
d. “Residence” means the place where a person resides,
permanently or temporarily. A person may have up to three
different residences for purposes of this section, if the
person’s parent or guardian provides written consent of the
additional residences on a form prescribed by the department.
If a licensee has two or three different residences, the
licensee shall carry a copy of the written consent form
required under this paragraph in the vehicle operated by a
licensee pursuant to this section, and the licensee shall
present the form for inspection upon request by a certified

Senate File 2109, p. 9
peace officer.
e. “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
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

Senate File 2109, p. 10
to the person’s place of employment until after the person’s
parent or guardian completes the written consent form in
accordance with section 321.194, subsection 2, as enacted by
this Act.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2109, Ninetieth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2024 ______________________________
KIM REYNOLDS
Governor