Senate File 2248 S-5060 Amend Senate File 2248 as follows: 1 1. By striking page 1, line 3, through page 6, line 2 25, and inserting: 3 < Sec. ___. Section 321.1, Code 2016, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 06A. “Autocycle” means a 6 three-wheeled motor vehicle originally designed with 7 two front wheels and one rear wheel, a steering wheel 8 rather than handlebars, no more than two permanent 9 seats that do not require the operator or a passenger 10 to straddle or sit astride the vehicle, and foot 11 pedals that control the brakes, acceleration, and 12 clutch, where applicable. A motor vehicle meeting the 13 definition of “autocycle” is an autocycle even if the 14 vehicle bears a vehicle identification number, or is 15 accompanied by a manufacturer’s certificate of origin, 16 that identifies the vehicle as a motorcycle. 17 Sec. ___. Section 321.1, subsection 40, paragraph 18 a, Code 2016, is amended to read as follows: 19 a. “Motorcycle” means every motor vehicle having a 20 saddle or seat for the use of the rider and designed to 21 travel on not more than three wheels in contact with 22 the ground including a motor scooter but excluding a 23 tractor , an autocycle, and a motorized bicycle. 24 Sec. ___. Section 321.34, subsection 1, Code 2016, 25 is amended to read as follows: 26 1. Plates issued. The county treasurer upon 27 receiving application, accompanied by proper fee, for 28 registration of a vehicle shall issue to the owner one 29 registration plate for a motorcycle, motorized bicycle, 30 autocycle, truck tractor, trailer, or semitrailer and 31 two registration plates for every other motor vehicle. 32 The registration plates, including special registration 33 plates, shall be assigned to the owner of a vehicle. 34 When the owner of a registered vehicle transfers or 35 -1- SF2248.2832 (2) 86 ns/nh 1/ 20 #1.

assigns ownership of the vehicle to another person, the 1 owner shall remove the registration plates from the 2 vehicle. The owner shall forward the plates to the 3 county treasurer where the vehicle is registered or the 4 owner may have the plates assigned to another vehicle 5 within thirty days after transfer, upon payment of the 6 fees required by law. The owner shall immediately 7 affix registration plates retained by the owner 8 to another vehicle owned or acquired by the owner, 9 providing the owner complies with section 321.46 . 10 The department shall adopt rules providing for the 11 assignment of registration plates to the transferee of 12 a vehicle for which a credit is allowed under section 13 321.46, subsection 6 . 14 Sec. ___. Section 321.34, subsection 5, paragraph 15 a, Code 2016, is amended to read as follows: 16 a. Upon application and the payment of a fee of 17 twenty-five dollars, the director may issue to the 18 owner of a motor vehicle registered in this state or 19 a trailer or travel trailer registered in this state, 20 personalized registration plates marked with up to 21 seven initials, letters, or combination of numerals and 22 letters requested by the owner. However, personalized 23 registration plates for autocycles, motorcycles , and 24 motorized bicycles shall be marked with no more than 25 six initials, letters, or combinations of numerals and 26 letters. Upon receipt of the personalized registration 27 plates, the applicant shall surrender the regular 28 registration plates to the county treasurer. The fee 29 for issuance of the personalized registration plates 30 shall be in addition to the regular annual registration 31 fee. 32 Sec. ___. Section 321.34, subsection 8, paragraph 33 a, Code 2016, is amended to read as follows: 34 a. The owner of a motor vehicle subject to 35 -2- SF2248.2832 (2) 86 ns/nh 2/ 20

registration under section 321.109, subsection 1 1 , autocycle, motorcycle, trailer, or motor truck 2 who has been awarded the medal of honor may, upon 3 written application to the department, order special 4 registration plates which shall be red, white, and blue 5 in color and shall bear an emblem of the medal of honor 6 and an identifying number. Each applicant applying for 7 special registration plates under this subsection may 8 order only one set of registration plates under this 9 subsection . The application is subject to approval 10 by the department and the special registration plates 11 shall be issued at no charge to the applicant in 12 exchange for the registration plates previously issued 13 to the person. A person who is issued special plates 14 under this subsection is exempt from payment of any 15 annual registration fee for the motor vehicle bearing 16 the special plates. The department shall validate 17 the special plates in the same manner as regular 18 registration plates are validated under this section . 19 The department shall not issue special registration 20 plates until service organizations in the state have 21 furnished the department either the special dies or the 22 cost of the special dies necessary for the manufacture 23 of the special registration plate. 24 Sec. ___. Section 321.34, subsection 8A, paragraph 25 a, Code 2016, is amended to read as follows: 26 a. The owner of a motor vehicle subject to 27 registration under section 321.109, subsection 1 , 28 autocycle, motorcycle, trailer, or motor truck who was 29 a prisoner of war during a time of military conflict 30 may, upon written application to the department, order 31 only one set of special registration plates with an 32 ex-prisoner of war processed emblem. The emblem shall 33 be designed by the department in cooperation with the 34 adjutant general and shall signify that the owner was 35 -3- SF2248.2832 (2) 86 ns/nh 3/ 20

a prisoner of war as described in this subsection . The 1 application is subject to approval by the department, 2 in consultation with the adjutant general. The special 3 plates shall be issued at no charge and are subject to 4 an annual registration fee of fifteen dollars. The 5 county treasurer shall validate the special plates in 6 the same manner as regular registration plates are 7 validated under this section . 8 Sec. ___. Section 321.34, subsection 11, paragraph 9 a, Code 2016, is amended to read as follows: 10 a. Upon application and payment of the proper fees, 11 the director may issue natural resources plates to the 12 owner of a motor vehicle subject to registration under 13 section 321.109, subsection 1 , autocycle, motor truck, 14 motor home, multipurpose vehicle, motorcycle, trailer, 15 or travel trailer. 16 Sec. ___. Section 321.34, subsection 11A, paragraph 17 a, Code 2016, is amended to read as follows: 18 a. Upon application and payment of the proper fees, 19 the director may issue “love our kids” plates to the 20 owner of a motor vehicle subject to registration under 21 section 321.109, subsection 1 , autocycle, motor truck, 22 motor home, multipurpose vehicle, motorcycle, trailer, 23 or travel trailer. 24 Sec. ___. Section 321.34, subsection 11B, paragraph 25 a, Code 2016, is amended to read as follows: 26 a. Upon application and payment of the proper fees, 27 the director may issue “motorcycle rider education” 28 plates to the owner of a motor vehicle subject to 29 registration under section 321.109, subsection 1 , 30 autocycle, motor truck, motor home, multipurpose 31 vehicle, motorcycle, trailer, or travel trailer. 32 Sec. ___. Section 321.34, subsection 12, paragraphs 33 a and d, Code 2016, are amended to read as follows: 34 a. The owner of a motor vehicle subject to 35 -4- SF2248.2832 (2) 86 ns/nh 4/ 20

registration pursuant to section 321.109, subsection 1 1 , autocycle, motor truck, motor home, multipurpose 2 vehicle, motorcycle, trailer, or travel trailer may, 3 upon written application to the department, order 4 special registration plates with a distinguishing 5 processed emblem as authorized by this section or as 6 approved by the department. The fee for the issuance 7 of special registration plates is twenty-five dollars 8 for each vehicle, unless otherwise provided by this 9 section , which fee is in addition to the regular annual 10 registration fee. The county treasurer shall validate 11 special registration plates with a distinguishing 12 processed emblem in the same manner as regular 13 registration plates, upon payment of five dollars in 14 addition to the regular annual registration fee. 15 d. A special registration plate issued for a 16 motorcycle , autocycle, or motorized bicycle under this 17 section shall be designated in the manner provided for 18 personalized registration plates under subsection 5 , 19 paragraph “a” . 20 Sec. ___. Section 321.34, subsection 15, paragraph 21 a, Code 2016, is amended to read as follows: 22 a. The owner of a motor vehicle subject to 23 registration under section 321.109, subsection 1 , 24 autocycle, motorcycle, trailer, or motor truck who has 25 been awarded the legion of merit shall be issued one 26 set of special registration plates with a legion of 27 merit processed emblem, upon written application to 28 the department and presentation of satisfactory proof 29 of the award of the legion of merit as established by 30 the Congress of the United States. The emblem shall 31 be designed by the department in cooperation with the 32 adjutant general and shall signify that the owner 33 was awarded the legion of merit. The application is 34 subject to approval by the department, in consultation 35 -5- SF2248.2832 (2) 86 ns/nh 5/ 20

with the adjutant general. The special plates shall 1 be issued at no charge and are subject to an annual 2 registration fee of fifteen dollars. The county 3 treasurer shall validate the special plates in the same 4 manner as regular registration plates are validated 5 under this section . 6 Sec. ___. Section 321.37, subsections 1 and 2, Code 7 2016, are amended to read as follows: 8 1. Registration plates issued for a motor vehicle 9 other than a an autocycle, motorcycle, motorized 10 bicycle , or a truck tractor shall be attached to 11 the motor vehicle, one in the front and the other in 12 the rear. The registration plate issued for a an 13 autocycle, motorcycle , or other vehicle required to be 14 registered hereunder shall be attached to the rear of 15 the vehicle. The registration plate issued for a truck 16 tractor shall be attached to the front of the truck 17 tractor. The special plate issued to a dealer shall be 18 attached on the rear of the vehicle when operated on 19 the highways of this state. 20 2. Registration plates issued for a motor vehicle 21 which is model year 1948 or older, and reconstructed 22 or specially constructed vehicles built to resemble 23 a model year 1948 vehicle or older, other than a 24 truck registered for more than five tons, autocycle, 25 motorcycle, or truck tractor, may display one 26 registration plate on the rear of the vehicle if the 27 other registration plate issued to the vehicle is 28 carried in the vehicle at all times when the vehicle is 29 operated on a public highway. 30 Sec. ___. Section 321.69, subsection 9, Code 2016, 31 is amended to read as follows: 32 9. Except for subsections 10 and 11 , this section 33 does not apply to motor trucks and truck tractors with 34 a gross vehicle weight rating of sixteen thousand 35 -6- SF2248.2832 (2) 86 ns/nh 6/ 20

pounds or more, vehicles more than seven model years 1 old, autocycles, motorcycles, motorized bicycles, and 2 special mobile equipment. This section does apply to 3 motor homes. The requirement in subsection 1 that 4 the new certificate of title and registration receipt 5 shall state on the face whether a prior owner had 6 disclosed that the vehicle was damaged to the extent 7 that it was a wrecked or salvage vehicle as defined 8 in section 321.52, subsection 4 , paragraph “d” , does 9 not apply to a vehicle with a certificate of title 10 bearing a designation that the vehicle was previously 11 titled on a salvage certificate of title pursuant to 12 section 321.52, subsection 4 , paragraph “b” , or to a 13 vehicle with a certificate of title bearing a “REBUILT” 14 or “SALVAGE” designation pursuant to section 321.24, 15 subsection 4 or 5 . Except for subsections 10 and 11 , 16 this section does not apply to new motor vehicles 17 with a true mileage, as defined in section 321.71 , of 18 one thousand miles or less, unless such vehicle has 19 incurred damage as described in subsection 2 . 20 Sec. ___. Section 321.105A, subsection 2, paragraph 21 c, subparagraph (6), Code 2016, is amended to read as 22 follows: 23 (6) Vehicles, excluding autocycles, motorcycles , 24 and motorized bicycles, subject to registration in 25 any state when purchased for rental or registered and 26 titled by a motor vehicle dealer licensed pursuant to 27 chapter 322 for rental use, and held for rental for a 28 period of one hundred twenty days or more and actually 29 rented for periods of sixty days or less by a person 30 regularly engaged in the business of renting vehicles, 31 including but not limited to motor vehicle dealers 32 licensed pursuant to chapter 322 who rent automobiles 33 to users, if the rental of the vehicles is subject to 34 taxation under section 423.2 or chapter 423C . 35 -7- SF2248.2832 (2) 86 ns/nh 7/ 20

Sec. ___. Section 321.109, subsection 1, paragraph 1 a, Code 2016, is amended to read as follows: 2 a. The annual fee for all motor vehicles including 3 vehicles designated by manufacturers as station 4 wagons, 1993 and subsequent model year multipurpose 5 vehicles, and 2010 and subsequent model year motor 6 trucks with an unladen weight of ten thousand pounds 7 or less, except motor trucks registered under section 8 321.122 , business-trade trucks, special trucks, motor 9 homes, motorsports recreational vehicles, ambulances, 10 hearses, autocycles, motorcycles, motorized bicycles, 11 and 1992 and older model year multipurpose vehicles, 12 shall be equal to one percent of the value as fixed by 13 the department plus forty cents for each one hundred 14 pounds or fraction thereof of weight of vehicle, 15 as fixed by the department. The weight of a motor 16 vehicle, fixed by the department for registration 17 purposes, shall include the weight of a battery, 18 heater, bumpers, spare tire, and wheel. Provided, 19 however, that for any new vehicle purchased in this 20 state by a nonresident for removal to the nonresident’s 21 state of residence the purchaser may make application 22 to the county treasurer in the county of purchase for 23 a transit plate for which a fee of ten dollars shall 24 be paid. And provided, however, that for any used 25 vehicle held by a registered dealer and not currently 26 registered in this state, or for any vehicle held 27 by an individual and currently registered in this 28 state, when purchased in this state by a nonresident 29 for removal to the nonresident’s state of residence, 30 the purchaser may make application to the county 31 treasurer in the county of purchase for a transit 32 plate for which a fee of three dollars shall be paid. 33 The county treasurer shall issue a nontransferable 34 certificate of registration for which no refund shall 35 -8- SF2248.2832 (2) 86 ns/nh 8/ 20

be allowed; and the transit plates shall be void thirty 1 days after issuance. Such purchaser may apply for a 2 certificate of title by surrendering the manufacturer’s 3 or importer’s certificate or certificate of title, 4 duly assigned as provided in this chapter . In this 5 event, the treasurer in the county of purchase shall, 6 when satisfied with the genuineness and regularity of 7 the application, and upon payment of a fee of twenty 8 dollars, issue a certificate of title in the name and 9 address of the nonresident purchaser delivering the 10 title to the owner. If there is a security interest 11 noted on the title, the county treasurer shall mail to 12 the secured party an acknowledgment of the notation 13 of the security interest. The county treasurer shall 14 not release a security interest that has been noted on 15 a title issued to a nonresident purchaser as provided 16 in this paragraph. The application requirements of 17 section 321.20 apply to a title issued as provided 18 in this subsection , except that a natural person 19 who applies for a certificate of title shall provide 20 either the person’s social security number, passport 21 number, or driver’s license number, whether the license 22 was issued by this state, another state, or another 23 country. The provisions of this subsection relating to 24 multipurpose vehicles are effective for all 1993 and 25 subsequent model years. The annual registration fee 26 for multipurpose vehicles that are 1992 model years and 27 older shall be in accordance with section 321.124 . 28 Sec. ___. Section 321.117, Code 2016, is amended to 29 read as follows: 30 321.117 Motorcycle, autocycle, ambulance, and hearse 31 fees. 32 For all motorcycles and autocycles the annual 33 registration fee shall be twenty dollars. For all 34 motorized bicycles the annual registration fee shall 35 -9- SF2248.2832 (2) 86 ns/nh 9/ 20

be seven dollars. When the motorcycle or autocycle is 1 more than five model years old, the annual registration 2 fee shall be ten dollars. The annual registration fee 3 for ambulances and hearses shall be fifty dollars. 4 Passenger car plates shall be issued for ambulances and 5 hearses. 6 Sec. ___. Section 321.166, subsections 1, 3, and 4, 7 Code 2016, are amended to read as follows: 8 1. a. Registration plates shall be of metal and 9 of a size not to exceed six inches by twelve inches, 10 except that the size of plates issued for use on 11 autocycles, motorized bicycles, motorcycles, motorcycle 12 trailers, and trailers with an empty weight of two 13 thousand pounds or less shall be established by the 14 department. 15 b. Trailers with empty weights of two thousand 16 pounds or less may, upon request, be licensed with 17 regular-sized license plates. 18 3. The registration plate number shall be displayed 19 in characters which shall not exceed a height of four 20 inches nor a stroke width exceeding five-eighths of an 21 inch. Special plates issued to dealers shall display 22 the alphabetical character “D”, which shall be of the 23 same size as the characters in the registration plate. 24 The registration plate number issued for autocycles, 25 motorized bicycles, motorcycles, trailers with an empty 26 weight of two thousand pounds or less, and motorcycle 27 trailers shall be a size prescribed by the department. 28 4. The registration plate number, except on 29 autocycles, motorized bicycles, motorcycles, motorcycle 30 trailers, and trailers with an empty weight of two 31 thousand pounds or less, shall be of sufficient size to 32 be readable from a distance of one hundred feet during 33 daylight. 34 Sec. ___. Section 322.2, Code 2016, is amended by 35 -10- SF2248.2832 (2) 86 ns/nh 10/ 20

adding the following new subsection: 1 NEW SUBSECTION . 1A. “Autocycle” means as defined 2 in section 321.1. 3 Sec. ___. Section 322.5, subsection 6, paragraph a, 4 unnumbered paragraph 1, Code 2016, is amended to read 5 as follows: 6 Upon application for and receipt of a temporary 7 permit issued by the department under this subsection , 8 a motor vehicle dealer authorized to sell used 9 motorcycles or autocycles may display, offer for sale, 10 and negotiate sales of used motorcycles or autocycles 11 at a motorcycle rally located in this state that meets 12 all of the following conditions: 13 Sec. ___. Section 322.5, subsection 6, paragraph 14 b, subparagraph (1), Code 2016, is amended to read as 15 follows: 16 (1) The person presents the department with a 17 current motor vehicle dealer license valid for the sale 18 of used motorcycles or autocycles at retail in the 19 person’s state of residence. 20 Sec. ___. Section 322.5, subsection 6, paragraph d, 21 Code 2016, is amended to read as follows: 22 d. A sale of a motorcycle or autocycle at a 23 motorcycle rally shall not be completed and an 24 agreement for the sale of a motorcycle or autocycle 25 shall not be signed at a motorcycle rally. All 26 such sales shall be consummated at the motor vehicle 27 dealer’s principal place of business. 28 Sec. ___. Section 322.36, Code 2016, is amended to 29 read as follows: 30 322.36 Motorcycle and autocycle dealer business 31 hours. 32 A person in the business of selling motorcycles 33 or autocycles under chapter 322D is not required 34 to maintain regular business hours at the dealer’s 35 -11- SF2248.2832 (2) 86 ns/nh 11/ 20

principal place of business or other place of business. 1 Sec. ___. Section 322D.1, subsection 2, Code 2016, 2 is amended to read as follows: 3 2. “Attachment” means a machine or part of a 4 machine designed to be used on and in conjunction with 5 a farm implement, motorcycle, autocycle, all-terrain 6 vehicle, or snowmobile. 7 Sec. ___. Section 322D.1, Code 2016, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 2A. “Autocycle” means as defined 10 in section 321.1. 11 Sec. ___. Section 322D.1, subsection 4, paragraphs 12 b and e, Code 2016, are amended to read as follows: 13 b. The franchisee is granted the right to offer 14 and sell farm implements, motorcycles, autocycles, 15 all-terrain vehicles, snowmobiles, or related parts 16 or attachments manufactured or distributed by the 17 franchiser. 18 e. The operation of the franchisee’s business 19 is substantially reliant on the franchiser for the 20 continued supply of farm implements, motorcycles, 21 autocycles, all-terrain vehicles, snowmobiles, or 22 related parts or attachments. 23 Sec. ___. Section 322D.1, subsections 5, 6, and 7, 24 Code 2016, are amended to read as follows: 25 5. “Franchisee” means a person who receives farm 26 implements, motorcycles, autocycles, all-terrain 27 vehicles, snowmobiles, or related parts or attachments 28 from the franchiser under a franchise and who offers 29 and sells the farm implements, motorcycles, autocycles, 30 all-terrain vehicles, snowmobiles, or related parts or 31 attachments to the general public. 32 6. “Franchiser” means a person who manufactures, 33 wholesales, or distributes farm implements, 34 motorcycles, autocycles, all-terrain vehicles, 35 -12- SF2248.2832 (2) 86 ns/nh 12/ 20

snowmobiles, or related parts or attachments, and who 1 enters into a franchise. 2 7. “Motorcycle” means a motor vehicle as defined 3 in section 321.1 other than an all-terrain vehicle, 4 which has a saddle or seat for the use of a rider and 5 that is designed to travel on not more than two wheels 6 in contact with the ground, but excluding a motorized 7 bicycle or autocycle as defined in section 321.1 . 8 Sec. ___. Section 322D.2, Code 2016, is amended to 9 read as follows: 10 322D.2 Franchisee’s rights to payment. 11 1. A franchisee who enters into a written 12 franchise with a franchiser to maintain a stock of 13 farm implements, motorcycles, autocycles, all-terrain 14 vehicles, snowmobiles, or related parts or attachments 15 has the following rights to payment, at the option of 16 the franchisee, if the franchise is terminated: 17 a. One hundred percent of the net cost of new, 18 unused, complete farm implements, motorcycles, 19 autocycles, all-terrain vehicles, snowmobiles, or 20 related attachments, which were purchased from the 21 franchiser. In addition, the franchisee shall have 22 a right of payment for transportation charges on the 23 farm implements, motorcycles, autocycles, all-terrain 24 vehicles, or snowmobiles, which have been paid by the 25 franchisee. 26 b. Eighty-five percent of the net prices of any 27 repair parts, including superseded parts, which 28 were purchased from the franchiser and held by the 29 franchisee on the date that the franchise terminated. 30 c. Five percent of the net prices of parts resold 31 under paragraph “b” for handling, packing, and loading 32 of the parts. However, this payment shall not be due 33 to the franchisee if the franchiser elects to perform 34 the handling, packing, and loading. 35 -13- SF2248.2832 (2) 86 ns/nh 13/ 20

2. Upon receipt of the payments due under 1 subsection 1 , the franchiser is entitled to possession 2 of and title to the farm implements, motorcycles, 3 autocycles, all-terrain vehicles, snowmobiles, or 4 related parts or attachments. 5 3. The cost of farm implements, motorcycles, 6 autocycles, all-terrain vehicles, snowmobiles, or 7 related attachments and the price of repair parts shall 8 be determined by reference to the franchiser’s price 9 list or catalog in effect at the time of the franchise 10 termination. 11 Sec. ___. Section 322D.3, subsections 7 and 9, Code 12 2016, are amended to read as follows: 13 7. A farm implement, motorcycle, autocycle, 14 all-terrain vehicle, or snowmobile which is not in new, 15 unused, undamaged, or complete condition. 16 9. A farm implement, motorcycle, autocycle, 17 all-terrain vehicle, or snowmobile which was purchased 18 twenty-four months or more prior to the termination of 19 the franchise. 20 Sec. ___. Section 322D.8, Code 2016, is amended to 21 read as follows: 22 322D.8 Application —— motorcycle or autocycle 23 franchise agreements. 24 The rights under section 322D.2, subsection 1 , 25 apply to motorcycle or autocycle franchise agreements 26 in effect on July 1, 1985, which have no expiration 27 date and are continuing agreements, and to those 28 entered into or renewed after July 1, 1985, but only to 29 motorcycles , autocycles, and motorcycle or autocycle 30 attachments and parts purchased after July 1, 1985. 31 Sec. ___. Section 322G.2, subsection 13, Code 2016, 32 is amended to read as follows: 33 13. “Motor vehicle” means a self-propelled vehicle 34 purchased or leased in this state, except as provided 35 -14- SF2248.2832 (2) 86 ns/nh 14/ 20

in section 322G.15 , and primarily designed for the 1 transportation of persons or property over public 2 streets and highways, but does not include mopeds, 3 motorcycles, autocycles, motor homes, or vehicles over 4 fifteen thousand pounds gross vehicle weight rating. > 5 2. Page 8, by striking lines 25 through 34 and 6 inserting: 7 < Sec. ___. Section 321.194, Code 2016, is amended 8 to read as follows: 9 321.194 Special minors’ licenses. 10 1. Driver’s license issued for travel to and from 11 school Persons eligible . Upon certification of a 12 special need by the school board, superintendent of 13 the applicant’s school, or principal, if authorized by 14 the superintendent, the department may issue a class 15 C or M driver’s license to a person between the ages 16 of fourteen and eighteen years whose if all of the 17 following apply: 18 a. The person’s driving privileges have not been 19 suspended, revoked, or barred under this chapter or 20 chapter 321J during, and who the person has not been 21 convicted of a moving traffic violation or involved 22 in a motor vehicle accident for, the six-month period 23 immediately preceding the application for the special 24 minor’s license and who . 25 b. The person has successfully completed an 26 approved driver education course. However, the 27 completion of a course is not required if the applicant 28 demonstrates to the satisfaction of the department 29 that completion of the course would impose a hardship 30 upon the applicant. The department shall adopt rules 31 defining the term “hardship” and establish procedures 32 for the demonstration and determination of when 33 completion of the course would impose a hardship upon 34 an applicant. 35 -15- SF2248.2832 (2) 86 ns/nh 15/ 20 #2.

2. Driving privileges. 1 a. Permitted operations. The driver’s license 2 entitles the holder, while having the license in 3 immediate possession, to operate a motor vehicle other 4 than a commercial motor vehicle or as a chauffeur: 5 (1) During the hours of 5:00 a.m. to 10:00 p.m. 6 over the most direct and accessible route between the 7 licensee’s residence and schools of enrollment or 8 the closest school bus stop or public transportation 9 service, and between schools of enrollment, for 10 the purpose of attending duly scheduled courses of 11 instruction and extracurricular activities within the 12 school district of enrollment . 13 (2) During the hours of 5:00 a.m. to 10:00 p.m. 14 over the most direct and accessible route between the 15 licensee’s residence or school of enrollment and a 16 site, facility, or school that is not the student’s 17 licensee’s school of enrollment for the purpose of 18 participating in extracurricular activities conducted 19 under a sharing agreement with the student’s licensee’s 20 school of enrollment or conducted at a site or facility 21 designated by the licensee’s school district for 22 the accommodation of the school’s extracurricular 23 activities, provided the site, facility, or school is 24 within the licensee’s school district of enrollment 25 or is within a school district contiguous to the 26 licensee’s school district of enrollment . 27 (3) To a service station for the purpose of 28 refueling, so long as the service station is the 29 station closest to the route the licensee is traveling 30 on under subparagraph (1) or (2). 31 (4) At any time when the licensee is accompanied in 32 accordance with section 321.180B, subsection 1 . 33 b. Restrictions. 34 (1) Passengers. Unless accompanied in accordance 35 -16- SF2248.2832 (2) 86 ns/nh 16/ 20

with section 321.180B, subsection 1 , a person issued 1 a driver’s license pursuant to this section must 2 limit the number of unrelated minor passengers in 3 the motor vehicle when the licensee is operating the 4 motor vehicle to one. For purposes of this section , 5 “unrelated minor passenger” means a passenger who is 6 under eighteen years of age and who is not a sibling of 7 the driver, a stepsibling of the driver, or a child who 8 resides in the same household as the driver. 9 (2) Electronic communication devices. A person 10 issued a driver’s license under this section shall not 11 use an electronic communication device or an electronic 12 entertainment device while driving a motor vehicle 13 unless the motor vehicle is at a complete stop off the 14 traveled portion of the roadway. This subparagraph 15 does not apply to the use of electronic equipment which 16 is permanently installed in the motor vehicle or to a 17 portable device which is operated through permanently 18 installed equipment. The department, in cooperation 19 with the department of public safety, shall establish 20 educational programs to foster compliance with the 21 requirements of this subparagraph. 22 c. 3. Certification of need and issuance of 23 license. Each application shall be accompanied by 24 a statement from the school board, superintendent, 25 or principal, if authorized by the superintendent, 26 of the applicant’s school. The statement shall be 27 upon a form provided by the department. The school 28 board, superintendent, or principal, if authorized by 29 the superintendent, shall certify that a need exists 30 for the license and that the board, superintendent, 31 or principal authorized by the superintendent is not 32 responsible for actions of the applicant which pertain 33 to the use of the driver’s license. Upon receipt of a 34 statement of necessity, the department shall issue the 35 -17- SF2248.2832 (2) 86 ns/nh 17/ 20

driver’s license provided the applicant is otherwise 1 eligible for issuance of the license . The fact that 2 the applicant resides at a distance less than one mile 3 from the applicant’s school of enrollment is prima 4 facie evidence of the nonexistence of necessity for 5 the issuance of a license. The school board shall 6 develop and adopt a policy establishing the criteria 7 that shall be used by a school district administrator 8 to approve or deny certification that a need exists for 9 a license. The student may appeal to the school board 10 the decision of a school district administrator to 11 deny certification. The decision of the school board 12 is final. The driver’s license shall not be issued 13 for purposes of attending a public school in a school 14 district other than either of the following: 15 (1) a. The district of residence of the parent or 16 guardian of the student. 17 (2) b. A district which is contiguous to the 18 district of residence of the parent or guardian of 19 the student, if the student is enrolled in the public 20 school which is not the school district of residence 21 because of open enrollment under section 282.18 or as 22 a result of an election by the student’s district of 23 residence to enter into one or more sharing agreements 24 pursuant to the procedures in chapter 282 . 25 d. (1) A person issued a driver’s license under 26 this section shall not use an electronic communication 27 device or an electronic entertainment device while 28 driving a motor vehicle unless the motor vehicle is 29 at a complete stop off the traveled portion of the 30 roadway. This subparagraph does not apply to the use 31 of electronic equipment which is permanently installed 32 in the motor vehicle or to a portable device which is 33 operated through permanently installed equipment. 34 (2) The department, in cooperation with the 35 -18- SF2248.2832 (2) 86 ns/nh 18/ 20

department of public safety, shall establish 1 educational programs to foster compliance with the 2 requirements of subparagraph (1). 3 2. 4. Suspension and revocation. A driver’s 4 license issued under this section is subject to 5 suspension or revocation for the same reasons and 6 in the same manner as suspension or revocation of 7 any other driver’s license. The department may also 8 suspend a driver’s license issued under this section 9 upon receiving satisfactory evidence that the licensee 10 has violated the restrictions of the license or has 11 been involved in one or more accidents chargeable to 12 the licensee. The department may suspend a driver’s 13 license issued under this section upon receiving a 14 record of the licensee’s conviction for one violation. 15 The department shall revoke the license upon receiving 16 a record of conviction for two or more violations of a 17 law of this state or a city ordinance regulating the 18 operation of motor vehicles on highways other than 19 parking violations as defined in section 321.210 . 20 After a person licensed under this section receives two 21 or more convictions which require revocation of the 22 person’s license under this section , the department 23 shall not grant an application for a new driver’s 24 license until the expiration of thirty days. 25 3. 5. Citations for violation of restrictions. A 26 person who violates the restrictions imposed under 27 subsection 1 , paragraph “a” or “d” , 2 may be issued a 28 citation under this section and shall not be issued a 29 citation under section 321.193 . A violation of the 30 restrictions imposed under subsection 1 , paragraph “a” 31 or “d” , 2 shall not be considered a moving violation. 32 Sec. ___. Section 321.482A, unnumbered paragraph 1, 33 Code 2016, is amended to read as follows: 34 Notwithstanding section 321.482 , a person who is 35 -19- SF2248.2832 (2) 86 ns/nh 19/ 20

convicted of operating a motor vehicle in violation 1 of section 321.178, subsection 2 , paragraph “a” , 2 subparagraph (2), section 321.180B, subsection 6 , 3 section 321.194, subsection 1 2 , paragraph “d” “b” , 4 subparagraph (2), section 321.256 , section 321.257 , 5 section 321.275, subsection 4 , section 321.276, 6 321.297 , 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 7 321.305 , 321.306 , 321.307 , 321.308 , section 321.309, 8 subsection 2 , or section 321.311 , 321.319 , 321.320 , 9 321.321 , 321.322 , 321.323 , 321.324 , 321.324A , 321.327 , 10 321.329 , 321.333 , or 321.372, subsection 3 , causing 11 serious injury to or the death of another person may be 12 subject to the following penalties in addition to the 13 penalty provided for a scheduled violation in section 14 805.8A or any other penalty provided by law: > 15 3. By renumbering as necessary. 16 ______________________________ TOD R. BOWMAN -20- SF2248.2832 (2) 86 ns/nh 20/ 20 #3.