House File 2463 H-8274 Amend House File 2463 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 232.52, subsection 2, paragraph a, 4 subparagraph (4), subparagraph division (b), Code 2024, is 5 amended to read as follows: 6 (b) The child may be issued a temporary restricted license 7 or school special minor’s restricted license if the child is 8 otherwise eligible. 9 Sec. 2. Section 321.1, subsection 20A, Code 2024, is amended 10 to read as follows: 11 20A. “Driver’s license” means any license or permit issued 12 to a person to operate a motor vehicle on the highways of 13 this state, including but not limited to a restricted work, 14 special minor’s restricted, temporary restricted , or temporary 15 license and an instruction, chauffeur’s instruction, commercial 16 learner’s, or temporary permit. For purposes of license 17 suspension, revocation, bar, disqualification, cancellation, or 18 denial under this chapter and chapters 321A , 321C , and 321J , 19 “driver’s license” includes any privilege to operate a motor 20 vehicle. 21 Sec. 3. Section 321.178, subsection 2, Code 2024, is amended 22 to read as follows: 23 2. Restricted work license. 24 a. (1) A person between sixteen and eighteen years of age 25 who has completed an approved driver education course and is 26 not in attendance at school and has not met the requirements 27 described in section 299.2, subsection 1 , may be issued a 28 restricted work license only for travel to and from work or to 29 transport dependents to and from temporary care facilities, 30 if necessary for the person to maintain the person’s present 31 employment. The restricted work license shall be issued by the 32 department only upon confirmation of the person’s employment 33 and need for a restricted work license to travel to and from 34 work or to transport dependents to and from temporary care 35 -1- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 1/ 10 #1.
facilities if necessary to maintain the person’s employment. 1 The employer shall notify the department if the employment of 2 the person is terminated before the person attains the age of 3 eighteen. 4 (2) (a) A person issued a restricted work license 5 under this section subsection shall not use an electronic 6 communication device or an electronic entertainment device 7 while driving a motor vehicle unless the motor vehicle is at a 8 complete stop off the traveled portion of the roadway. This 9 subparagraph division does not apply to the use of electronic 10 equipment which is permanently installed in the motor vehicle 11 or to a portable device which is operated through permanently 12 installed equipment. 13 (b) The department, in cooperation with the department of 14 public safety, shall establish educational programs to foster 15 compliance with the requirements of subparagraph division (a). 16 b. The department may suspend a restricted driver’s work 17 license issued under this section subsection upon receiving 18 satisfactory evidence that the licensee has violated the 19 restrictions imposed under paragraph “a” , subparagraph (2), 20 subparagraph division (a). The department may also suspend a 21 restricted work license issued under this section subsection 22 upon receiving a record of the person’s conviction for one 23 violation and shall revoke the license upon receiving a record 24 of conviction for two or more violations of a law of this state 25 or a city ordinance regulating the operation of motor vehicles 26 on highways, other than parking violations as defined described 27 in section 321.210 . After revoking a restricted work license 28 under this section paragraph, the department shall not grant an 29 application for a new driver’s license or instruction permit 30 until the expiration of one year or until the person attains 31 the age of eighteen, whichever is the longer period. 32 c. A person who violates the restrictions imposed under 33 paragraph “a” , subparagraph (2), subparagraph division (a), 34 may be issued a citation under this section and shall not be 35 -2- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 2/ 10
issued a citation under section 321.193 . A violation of the 1 restrictions imposed under paragraph “a” , subparagraph (2), 2 subparagraph division (a), shall not be considered a moving 3 violation. 4 Sec. 4. Section 321.180B, unnumbered paragraph 1, Code 5 2024, is amended to read as follows: 6 Persons under age eighteen shall not be issued a license or 7 permit to operate a motor vehicle except under the provisions 8 of this section . However, the department may issue restricted 9 work and special driver’s minor’s restricted licenses to 10 certain minors as provided in sections 321.178 and 321.194 , and 11 driver’s licenses restricted to motorized bicycles as provided 12 in section 321.189 . A person shall not be issued a license or 13 permit to operate a motor vehicle if prohibited under section 14 321.194, subsection 7. A license or permit shall not be issued 15 under this section or section 321.178 or 321.194 without the 16 consent of a parent or guardian or a person having custody of 17 the applicant under chapter 232 or 600A . An additional consent 18 is required each time a license or permit is issued under this 19 section or section 321.178 or 321.194 . The consent must be 20 signed by at least one parent, guardian, or custodian on an 21 affidavit form provided by the department. 22 Sec. 5. Section 321.191, subsection 6, Code 2024, is amended 23 to read as follows: 24 6. Special minors’ Minors’ restricted licenses. 25 Notwithstanding subsection 2 , the fee for a driver’s special 26 minor’s restricted license issued to a minor under section 27 321.194 or a restricted work license issued to a minor under 28 section 321.178, subsection 2 , is eight dollars. 29 Sec. 6. Section 321.194, Code 2024, is amended by striking 30 the section and inserting in lieu thereof the following: 31 321.194 Special minor’s restricted license. 32 1. Application —— persons eligible. The department may 33 issue a special minor’s restricted license to an applicant 34 under the age of sixteen if the applicant meets all of the 35 -3- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 3/ 10
following conditions: 1 a. The applicant holds an instruction permit issued by the 2 department in accordance with section 321.180B, or a comparable 3 permit issued by another state. 4 b. The applicant has successfully completed an approved 5 driver education course. However, the completion of a 6 course is not required if the applicant demonstrates to the 7 satisfaction of the department that completion of the course 8 would impose a hardship upon the applicant. The department 9 shall adopt rules defining the term “hardship” and establishing 10 procedures for the demonstration and determination of when 11 completion of the course would impose a hardship upon an 12 applicant. 13 c. The applicant submits a certification from the 14 applicant’s school certifying the applicant is enrolled at 15 the school for courses of instruction or extracurricular 16 activities, or from the applicant’s primary instructor if the 17 applicant receives competent private instruction or independent 18 private instruction. 19 2. Consent —— employment. Prior to being authorized to 20 operate a motor vehicle unsupervised to a place of employment 21 or a location for farm-related work while employed to work on a 22 farm, the applicant’s parent or guardian must submit written 23 consent for the applicant to operate a motor vehicle for such 24 purposes. The written consent must include the name and 25 address of the applicant’s place of employment, or primary farm 26 location, as applicable. The parent or guardian of a licensee 27 must update the place of employment information if the place 28 of employment changes prior to the licensee being authorized 29 to operate a motor vehicle unsupervised to a new place of 30 employment. 31 3. Persons ineligible. The department shall not issue a 32 special minor’s restricted license to an applicant if any of 33 the following occurred during the six-month period immediately 34 preceding the application: 35 -4- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 4/ 10
a. The applicant’s driving privileges have been suspended, 1 revoked, or barred under this chapter or chapter 321J. 2 b. The applicant was at fault for causing an accident or 3 collision. 4 c. The applicant has been convicted of a violation of a 5 law of this state or a city ordinance regulating the operation 6 of motor vehicles on highways other than parking violations as 7 described in section 321.210. 8 4. License privileges. 9 a. The department shall classify the special minor’s 10 restricted license as a class C or class M license, as 11 applicable. A licensee is entitled to operate a motor vehicle 12 as provided in this section, other than a commercial motor 13 vehicle, a motor vehicle with more than two axles, a motor 14 vehicle towing another vehicle, or as a chauffeur. 15 b. A licensee may operate a motor vehicle unsupervised over 16 the most direct and accessible route between the licensee’s 17 residence, school of enrollment, location where the licensee 18 receives competent private instruction or independent private 19 instruction, place of employment, location for farm work or 20 farm-related work if the licensee resides on a farm or is 21 employed for compensation on a farm in this state, and the 22 closest service station, for any of the following purposes, as 23 applicable, provided the driving distance between the point of 24 origin and the destination is no more than twenty-five miles, 25 and the licensee is in immediate possession of the license 26 card: 27 (1) To return to the licensee’s residence following the 28 end of the licensee’s duly scheduled courses of instruction, 29 extracurricular activities, work shift, farm work, or 30 farm-related work, as applicable. 31 (2) To attend duly scheduled courses of instruction. 32 However, a licensee who attends a public school and resides 33 within that public school district may operate a motor vehicle 34 between the licensee’s residence and school regardless of the 35 -5- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 5/ 10
distance. 1 (3) To participate in extracurricular activities. If 2 the licensee receives independent private instruction and 3 participates in an extracurricular activity at another school, 4 the licensee may drive to the location of the extracurricular 5 activity regardless of whether the licensee is enrolled at the 6 school. 7 (4) To complete a scheduled work shift, if approved by the 8 licensee’s parent or guardian pursuant to subsection 2. 9 (5) For the purpose of assisting the licensee’s parents, 10 guardians, or employer with farm work or in connection with any 11 farm job, employment, or other farm-related work, including 12 traveling to or from the location of the farm work, if the 13 licensee resides on a farm or is employed for compensation on 14 a farm in this state. If employed, the licensee’s parent or 15 guardian must provide consent pursuant to subsection 2. 16 (6) For the purpose of refueling the motor vehicle being 17 operated. 18 5. Restrictions. Unless accompanied and supervised in 19 accordance with section 321.180B, subsection 1, a licensee 20 shall not do any of the following: 21 a. Operate the motor vehicle except during the hour 22 before and after the beginning and end of the licensee’s duly 23 scheduled courses of instruction, extracurricular activities, 24 work shift, farm work, or farm-related work, as applicable. 25 b. Transport more than one unrelated minor passenger in the 26 motor vehicle when the licensee is operating the motor vehicle. 27 For purposes of this paragraph, “unrelated minor passenger” 28 means a passenger who is under eighteen years of age and who is 29 not a sibling of the driver, a stepsibling of the driver, or a 30 child who resides in the same household as the driver. 31 c. Operate the motor vehicle on a highway except as 32 authorized under subsection 4, paragraph “b” . 33 d. Use an electronic communication device or an electronic 34 entertainment device while operating a motor vehicle unless the 35 -6- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 6/ 10
motor vehicle is at a complete stop off the traveled portion 1 of the roadway. This paragraph does not apply to the use 2 of electronic equipment which is permanently installed in 3 the motor vehicle or to a portable device which is operated 4 through permanently installed equipment. The department, 5 in cooperation with the department of public safety, shall 6 establish educational programs to foster compliance with the 7 requirements of this paragraph. 8 e. Operate a motor vehicle to the licensee’s place of 9 employment or location for farm work or farm-related work 10 unless the licensee’s parent or guardian submitted written 11 consent to the department in accordance with subsection 2. 12 6. Certification. The department shall prescribe a 13 certification form. If the applicant is enrolled at a school 14 for courses of instruction or extracurricular activities, the 15 applicant’s school shall certify that fact on the certification 16 form, which must also include a statement that the person 17 signing the certificate is not responsible for actions of the 18 applicant which pertain to the use of the special minor’s 19 restricted license. 20 a. If the applicant attends a public school, the 21 certification must be made by the school board, superintendent 22 of the applicant’s school, or principal, if authorized by the 23 superintendent. 24 b. If the applicant attends an accredited nonpublic 25 school, the certification must be made by the authorities in 26 charge of the accredited nonpublic school or a duly authorized 27 representative of the authorities. 28 c. If the applicant receives competent private instruction, 29 the certification must be made by the applicant’s primary 30 instructor. 31 7. License sanctions. 32 a. A special minor’s restricted license issued under this 33 section is subject to suspension, revocation, or other sanction 34 for the same reasons and in the same manner as suspension or 35 -7- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 7/ 10
revocation of any other driver’s license, and as provided in 1 this section. The department shall suspend a special minor’s 2 restricted license for three months, as follows: 3 (1) Upon receiving satisfactory evidence that the licensee 4 violated the restrictions of the license or was at fault in an 5 accident or collision. 6 (2) Upon receiving a record of the licensee’s conviction 7 for one violation of a law of this state or a city ordinance 8 regulating the operation of motor vehicles on highways other 9 than parking violations as described in section 321.210. 10 b. As a result of the suspension, the department shall 11 not issue an intermediate license under section 321.180B for 12 an additional three months to a person whose special minor’s 13 restricted license was suspended under this subsection, per 14 violation, following the person’s sixteenth birthday. 15 8. Citations for violation of restrictions. A person who 16 violates the restrictions imposed under subsection 5 may 17 be issued a citation under this section and shall not be 18 issued a citation under section 321.193. A violation of the 19 restrictions imposed under subsection 5 is a moving violation. 20 9. Definitions. As used in this section: 21 a. “Competent private instruction” means as defined in 22 section 299A.1. 23 b. “Farm-related work” means work at a property suitable for 24 farming that is owned, leased, or operated by the licensee’s 25 parents, guardians, or employer. 26 c. “Independent private instruction” means as defined in 27 section 299A.1. 28 d. “Place of employment” means the fixed location of an 29 employer who employs a person under sixteen years of age in 30 accordance with chapter 92, and is the only location at which 31 the person is authorized to work for the employer unless the 32 person is employed for purposes of farm work or farm-related 33 work. 34 e. “Residence” means the place where a person resides, 35 -8- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 8/ 10
permanently or temporarily. A person may have up to three 1 different residences for purposes of this section, if the 2 person’s parent or guardian provides written consent of the 3 additional residences to the department. 4 f. “School” means a public school or an accredited nonpublic 5 school, and includes facilities operated by a public or 6 accredited nonpublic school for the purposes of educational or 7 extracurricular activities. 8 10. Rules. The department may adopt rules pursuant to 9 chapter 17A to administer this section. 10 Sec. 7. Section 321.213B, Code 2024, is amended to read as 11 follows: 12 321.213B Suspension for failure to attend. 13 The department shall establish procedures by rule for 14 suspending the license of a juvenile who has been issued a 15 driver’s license and is not in compliance with the requirements 16 of section 299.1B or and issuing the juvenile a restricted work 17 license under section 321.178 . 18 Sec. 8. Section 321.482A, unnumbered paragraph 1, Code 19 2024, is amended to read as follows: 20 Notwithstanding section 321.482 , a person who is convicted 21 of operating a motor vehicle in violation of section 321.178, 22 subsection 2 , paragraph “a” , subparagraph (2), section 23 321.180B, subsection 6 , section 321.194, subsection 2 5 , 24 paragraph “b” “d” , subparagraph (2), section 321.256 , 321.257 , 25 section 321.275, subsection 4 , section 321.276 , 321.297 , 26 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 27 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 28 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 29 subsection 3 , or section 321.449B , causing serious injury to 30 or the death of another person may be subject to the following 31 penalties in addition to the penalty provided for a scheduled 32 violation in section 805.8A or any other penalty provided by 33 law: 34 Sec. 9. PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES. A 35 -9- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 9/ 10
person who holds a special minor’s license that was issued 1 under section 321.194, Code 2024, before the effective date of 2 this Act may continue to operate a motor vehicle in accordance 3 with this Act on and after the effective date of this Act. 4 However, a person who was issued a special minor’s license 5 under section 321.194, Code 2024, prior to the effective date 6 of this Act shall not operate a motor vehicle unaccompanied 7 to the person’s place of employment until after the person’s 8 parent or guardian provides written consent to the department 9 in accordance with section 321.194, subsection 2, as enacted 10 by this Act. > 11 ______________________________ SIEGRIST of Pottawattamie -10- HF 2463.3945 (1) 90 (amending this HF 2463 to CONFORM to SF 2109) th/ns 10/ 10