House File 2437

                                       HOUSE FILE       
                                       BY  DAVITT, CONNORS, GASKILL,
                                           TJEPKES, FOEGE, SWAIM,
                                           GRANZOW, REASONER, WENDT,
                                           DENNIS, HOGG, RAYHONS,
                                           UPMEYER, STEVENS, DE BOEF,
                                           and DANDEKAR


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act extending the deadline for driver's license renewal for
  2    peace corps volunteers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5820YH 80
  5 dea/sh/8

PAG LIN

  1  1    Section 1.  Section 321.198, Code 2003, is amended to read
  1  2 as follows:
  1  3    321.198  MILITARY OR PEACE CORPS SERVICE EXCEPTION.
  1  4    1.  The effective date of a valid driver's license to the
  1  5 extent that it permits the operation of a motor vehicle other
  1  6 than a commercial motor vehicle and other than as a chauffeur,
  1  7 issued under the laws of this state, held by any person at the
  1  8 time of entering the military service of the United States or
  1  9 of the state of Iowa, or volunteer service in the peace corps,
  1 10 notwithstanding the expiration of the license according to its
  1 11 terms, is hereby extended without fee until six months
  1 12 following the initial separation from active duty of the
  1 13 person from the military service or completion of the person's
  1 14 peace corps assignment, provided the person is not suffering
  1 15 from physical disabilities which impair the person's
  1 16 competency as an operator and provided further that the
  1 17 licensee shall, upon demand of any peace officer, furnish
  1 18 satisfactory evidence of the person's military or peace corps
  1 19 service.  However, a person entitled to the benefits of this
  1 20 section, charged with operating a motor vehicle without an
  1 21 operator's license, shall not be convicted if the person
  1 22 produces in court, within a reasonable time, a valid driver's
  1 23 license previously issued to that person along with evidence
  1 24 of the person's military or peace corps service as above
  1 25 mentioned.
  1 26    2.  The department is authorized to renew any driver's
  1 27 license falling within the provisions and limitations of the
  1 28 preceding paragraph subsection, without examination, upon
  1 29 application and payment of fee made within six months
  1 30 following separation from the military service or completion
  1 31 of a peace corps assignment.
  1 32    3.  The provisions of this section shall also apply to the
  1 33 spouse, and children, or ward wards of such military personnel
  1 34 a person in military service or a peace corps volunteer when
  1 35 such the spouse, children, or ward wards are living with the
  2  1 above described military personnel person outside of the state
  2  2 of Iowa and provided that such the extension of license does
  2  3 not exceed five years.
  2  4    4.  A person whose period of driver's license validity of
  2  5 the person's driver's license is extended under this section
  2  6 may file an application in accordance with rules adopted by
  2  7 the department to have the person's record of issuance of a
  2  8 driver's license retained in the department's record system
  2  9 during the period for which the driver's license remains
  2 10 valid.  If a person has had the record of issuance of the
  2 11 person's driver's license removed from the department's
  2 12 records, the person shall have the person's record of driver's
  2 13 license issuance reentered by the department upon request if
  2 14 the request is accompanied by a letter from the applicable
  2 15 person's commanding officer verifying the military service, or
  2 16 documentation from the peace corps verifying the volunteer
  2 17 service, as applicable.
  2 18                           EXPLANATION
  2 19    This bill extends to peace corps volunteers the same
  2 20 exception to regulations for renewal of a driver's license
  2 21 which currently applies to persons in military service.
  2 22    The bill provides that a person who serves as a peace corps
  2 23 volunteer is entitled to an extension on the expiration of a
  2 24 driver's license, without fee, for six months after completion
  2 25 of the peace corps assignment, provided the person is
  2 26 physically qualified to drive.  The person is required to
  2 27 furnish evidence of the person's peace corps service if
  2 28 requested by a peace officer, and may not be convicted of
  2 29 operating a motor vehicle without a driver's license if such
  2 30 evidence is produced for the court within a reasonable time.
  2 31 The driver's license of a peace corps volunteer shall be
  2 32 renewed within the prescribed period of time without
  2 33 examination upon application and payment of required fees.
  2 34 The person may request that the state department of
  2 35 transportation retain a record of issuance of a driver's
  3  1 license to the person.  If the department has removed the
  3  2 record of issuance, the person may request that the record be
  3  3 reentered, upon presentation of appropriate documentation of
  3  4 the person's peace corps service.  The spouse, children, and
  3  5 wards of the peace corps volunteer are entitled to the same
  3  6 driver's license extension for up to five years if they have
  3  7 been living with the volunteer out of state.
  3  8 LSB 5820YH 80
  3  9 dea/sh/8