House File 504 - Introduced
HOUSE FILE
BY HUNTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the operation of motor vehicles by minors by
2 establishing criminal and civil liability for providing
3 alcoholic beverages to persons under legal age, providing for
4 an identification number on kegs of beer, and including driver
5 education requirements, graduated driver licensing provisions,
6 cell phone use restrictions, and passenger restraint
7 requirements, and making penalties applicable and providing an
8 effective date.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 TLSB 2250HH 82
11 dea/cf/24
PAG LIN
1 1 DIVISION I
1 2 ALCOHOLIC BEVERAGES
1 3 Section 1. Section 123.47, subsection 1, Code 2007, is
1 4 amended to read as follows:
1 5 1. a. A person shall not sell, give, or otherwise supply
1 6 alcoholic liquor, wine, or beer to any person knowing or
1 7 having reasonable cause to believe that person to be under
1 8 legal age.
1 9 b. A person who is the owner, lessee, or who has control
1 10 of property that is not a licensed premises shall not permit
1 11 any person, knowing or having reasonable cause to believe the
1 12 person to be under legal age, to consume or possess on such
1 13 property any alcoholic liquor, wine, or beer.
1 14 Sec. 2. Section 123.47, subsection 4, Code 2007, is
1 15 amended to read as follows:
1 16 4. Except as otherwise provided in subsections 5 and 6, a
1 17 person who is of legal age, other than a licensee or
1 18 permittee, who sells, gives, or otherwise supplies alcoholic
1 19 liquor, wine, or beer to a person who is under legal age in
1 20 violation of this section violates subsection 1 commits a
1 21 serious misdemeanor punishable by a minimum fine of five
1 22 hundred dollars.
1 23 Sec. 3. Section 123.47, subsection 5, Code 2007, is
1 24 amended to read as follows:
1 25 5. A person who is of legal age, other than a licensee or
1 26 permittee, who sells, gives, or otherwise supplies alcoholic
1 27 liquor, wine, or beer to a person who is under legal age in
1 28 violation of this section subsection 1, paragraph "a", which
1 29 results in serious injury to any person commits an aggravated
1 30 misdemeanor.
1 31 Sec. 4. Section 123.47, subsection 6, Code 2007, is
1 32 amended to read as follows:
1 33 6. A person who is of legal age, other than a licensee or
1 34 permittee, who sells, gives, or otherwise supplies alcoholic
1 35 liquor, wine, or beer to a person who is under legal age in
2 1 violation of this section subsection 1, paragraph "a", which
2 2 results in the death of any person commits a class "D" felony.
2 3 Sec. 5. Section 123.50, subsection 1, Code 2007, is
2 4 amended to read as follows:
2 5 1. Any A person who violates any of the provisions of
2 6 section 123.49, except subsection 2, paragraph "h", shall be
2 7 guilty of or who fails to affix upon sale, defaces, or fails
2 8 to record a keg identification sticker or produce a record of
2 9 keg identification stickers pursuant to section 123.138,
2 10 commits a simple misdemeanor. A person who violates section
2 11 123.49, subsection 2, paragraph "h", commits a simple
2 12 misdemeanor punishable as a scheduled violation under section
2 13 805.8C, subsection 2.
2 14 Sec. 6. Section 123.92, unnumbered paragraph 3, Code 2007,
2 15 is amended to read as follows:
2 16 Notwithstanding section 123.49, subsection 1, any person
2 17 who is injured in person or property or means of support by an
2 18 intoxicated person who is under legal age or resulting from
2 19 the intoxication of a person who is under legal age, has a
2 20 right of action for all damages actually sustained, severally
2 21 or jointly, against a person who is not a licensee or
2 22 permittee and who dispensed or gave any beer, wine, or
2 23 intoxicating liquor to the intoxicated underage person when
2 24 the nonlicensee or nonpermittee who dispensed or gave the
2 25 beer, wine, or intoxicating liquor to the underage person knew
2 26 or should have known the underage person was intoxicated, or
2 27 who dispensed or gave beer, wine, or intoxicating liquor to
2 28 the underage person to a point where the nonlicensee or
2 29 nonpermittee knew or should have known that the underage
2 30 person would become intoxicated. If the injury was caused by
2 31 an intoxicated person who is under legal age, a person who is
2 32 not a licensee or permittee and who dispensed or gave beer,
2 33 wine, or intoxicating liquor to the underage person may
2 34 establish as an affirmative defense that the intoxication did
2 35 not contribute to the injurious action of the underage person.
3 1 For purposes of this paragraph, "dispensed" or "gave" means
3 2 the act of physically presenting a receptacle containing beer,
3 3 wine, or intoxicating liquor to the underage person, or
3 4 intentionally making available a receptacle containing beer,
3 5 wine, or intoxicating liquor to the underage person with
3 6 direct knowledge that the underage person intends to consume
3 7 the beer, wine, or other intoxicating liquor, but without
3 8 physically presenting such receptacle to the underage person,
3 9 whose actions or intoxication results in the sustaining of
3 10 damages by another person. However, a person who dispenses or
3 11 gives beer, wine, or intoxicating liquor to an underage
3 12 person, or who intentionally makes available a receptacle
3 13 containing beer, wine, or intoxicating liquor to an underage
3 14 person, shall only be liable for any damages if the person
3 15 knew or should have known that the underage person was under
3 16 legal age. shall only be liable for any damages if the person
3 17 knew or should have known that the underage person was under
3 18 legal age.
3 19 Sec. 7. Section 123.138, Code 2007, is amended to read as
3 20 follows:
3 21 123.138 BOOKS OF ACCOUNT REQUIRED.
3 22 1. Each class "A" or special class "A" permittee shall
3 23 keep proper books of account and records showing the amount of
3 24 beer sold by the permittee, and these books of account shall
3 25 be at all times open to inspection by the administrator and to
3 26 other persons pursuant to section 123.30, subsection 1. Each
3 27 class "B" and class "C" permittee shall keep proper books of
3 28 account and records showing each purchase of beer made by the
3 29 permittee, and the date and the amount of each purchase and
3 30 the name of the person from whom each purchase was made, which
3 31 books of account and records shall be open to inspection
3 32 pursuant to section 123.30, subsection 1, during normal
3 33 business hours of the permittee.
3 34 2. Each class "B", "C", or special class "C" liquor
3 35 control licensee and class "B" or "C" beer permittee who sells
4 1 beer for off=premises consumption shall affix to each keg of
4 2 beer an identification sticker provided by the administrator.
4 3 For the purposes of this section, "keg" means all durable and
4 4 disposable containers with a liquid capacity of five gallons
4 5 or more. Each class "B", "C", or special class "C" liquor
4 6 control licensee and class "B" or "C" beer permittee shall
4 7 also keep a record of the identification sticker number of
4 8 each keg of beer sold by the licensee or permittee with the
4 9 name and address of the purchaser and the number of the
4 10 purchaser's driver's license, nonoperator's identification
4 11 card, or military identification card, if the military
4 12 identification card contains a picture and signature. This
4 13 information shall be retained by the licensee or permittee for
4 14 a minimum of ninety days. The records kept pursuant to this
4 15 section shall be available for inspection by any law
4 16 enforcement officer during normal business hours.
4 17 3. The division shall provide the keg identification
4 18 stickers described in subsection 2. Each sticker shall
4 19 contain a number and the following statement: "It is unlawful
4 20 to sell, give, or otherwise supply any alcoholic beverage,
4 21 wine, or beer to any person under legal age. Any person who
4 22 defaces this sticker shall be guilty of criminal mischief
4 23 punishable pursuant to section 716.6 and shall cause the
4 24 forfeiture of any deposit, if applicable." The identification
4 25 sticker shall be placed on the keg at the time of retail sale.
4 26 The licensee or permittee shall purchase the stickers referred
4 27 to in this section from the division and shall remit to the
4 28 division deposits forfeited pursuant to this subsection due to
4 29 defacement. The cost of the stickers to licensees and
4 30 permittees shall not exceed the division's cost of producing
4 31 and distributing the stickers. The moneys collected by the
4 32 division relating to the sale of stickers and forfeited
4 33 deposits shall be credited to the beer and liquor control
4 34 fund.
4 35 4. Enforcement of this section shall be implemented
5 1 uniformly throughout the state. For purposes of uniform
5 2 implementation, a county or municipality shall not set
5 3 requirements or establish a penalty which is higher or more
5 4 stringent than the requirements or penalties enumerated in
5 5 this section, section 123.50, and section 716.6. The division
5 6 shall establish by rule procedures relating to the forfeiture
5 7 and remittance of deposits pursuant to subsection 3.
5 8 DIVISION II
5 9 YOUNG DRIVERS
5 10 Sec. 8. NEW SECTION. 321.179 VIOLATORS UNDER AGE
5 11 EIGHTEEN == EDUCATION REQUIREMENT.
5 12 Notwithstanding any other provision, a motor vehicle
5 13 operator who is convicted of a violation of this chapter that
5 14 occurred when the person was under eighteen years of age shall
5 15 complete a classroom course approved by the department
5 16 consisting of behavior=based training designed to promote
5 17 positive and safe decision making. The classroom course
5 18 required under this section shall be the "alive at 25" course
5 19 developed by the national safety council, or a course that
5 20 contains equivalent curriculum and meets the goals of the
5 21 "alive at 25" course. The requirement imposed under this
5 22 section is in addition to any other penalty, sanction, or
5 23 educational requirement provided for a violation of this
5 24 chapter.
5 25 Sec. 9. Section 321.180B, subsection 2, Code 2007, is
5 26 amended to read as follows:
5 27 2. INTERMEDIATE LICENSE.
5 28 a. The department may issue an intermediate driver's
5 29 license to a person sixteen or seventeen years of age who
5 30 possesses an instruction permit issued under subsection 1 or a
5 31 comparable instruction permit issued by another state for a
5 32 minimum of six months immediately preceding application, and
5 33 who presents an affidavit signed by a parent or guardian on a
5 34 form to be provided by the department that the permittee has
5 35 accumulated a total of twenty thirty hours of street or
6 1 highway driving of which two four hours were conducted after
6 2 sunset and before sunrise and the street or highway driving
6 3 was with the permittee's parent, guardian, instructor, a
6 4 person certified by the department, or a person at least
6 5 twenty=five years of age who had written permission from a
6 6 parent or guardian to accompany the permittee, and whose
6 7 driving privileges have not been suspended, revoked, or barred
6 8 under this chapter or chapter 321J during, and who has been
6 9 accident and violation free continuously for, the six=month
6 10 period immediately preceding the application for an
6 11 intermediate license. An applicant for an intermediate
6 12 license must meet the requirements of section 321.186,
6 13 including satisfactory completion of driver education as
6 14 required in section 321.178, and payment of the required
6 15 license fee before an intermediate license will be issued.
6 16 b. A person issued an intermediate license must shall
6 17 limit the number of passengers in the motor vehicle when the
6 18 intermediate licensee is operating the motor vehicle to the
6 19 number of passenger safety belts and to no more than one
6 20 passenger under twenty=one years of age other than the
6 21 licensee's immediate family members. Notwithstanding any
6 22 provision of law to the contrary, the provisions of sections
6 23 321.445 and 321.446 apply to all occupants of a vehicle
6 24 operated by a person with an intermediate license, regardless
6 25 of seating position.
6 26 c. Except as otherwise provided, a person issued an
6 27 intermediate license under this subsection who is operating a
6 28 motor vehicle between the hours of twelve=thirty a.m. and five
6 29 a.m. must be accompanied by a person issued a driver's license
6 30 valid for the vehicle operated who is the parent or guardian
6 31 of the permittee licensee, a member of the permittee's
6 32 licensee's immediate family if the family member is at least
6 33 twenty=one years of age, an approved driver education
6 34 instructor, a prospective driver education instructor who is
6 35 enrolled in a practitioner preparation program with a safety
7 1 education program approved by the state board of education, or
7 2 a person at least twenty=five years of age if written
7 3 permission is granted by the parent or guardian, and who is
7 4 actually occupying a seat beside the driver. However, a
7 5 licensee may operate a vehicle to and from school=related
7 6 extracurricular activities and work without an accompanying
7 7 driver between the hours of twelve=thirty a.m. and five a.m.
7 8 if such the licensee possesses a waiver on a form to be
7 9 provided by the department. An accompanying driver is not
7 10 required between the hours of five a.m. and twelve=thirty a.m.
7 11 Sec. 10. Section 321.180B, subsection 4, Code 2007, is
7 12 amended to read as follows:
7 13 4. FULL DRIVER'S LICENSE. A full driver's license may be
7 14 issued to a person seventeen years of age who possesses an
7 15 intermediate license issued under subsection 2 or a comparable
7 16 intermediate license issued by another state for a minimum of
7 17 twelve months immediately preceding application, and who
7 18 presents an affidavit signed by a parent or guardian on a form
7 19 to be provided by the department that the intermediate
7 20 licensee has accumulated a total of ten twenty hours of street
7 21 or highway driving of which two four hours were conducted
7 22 after sunset and before sunrise and the street or highway
7 23 driving was with the licensee's parent, guardian, instructor,
7 24 a person certified by the department, or a person at least
7 25 twenty=five years of age who had written permission from a
7 26 parent or guardian to accompany the licensee, whose driving
7 27 privileges have not been suspended, revoked, or barred under
7 28 this chapter or chapter 321J during, and who has been accident
7 29 and violation free continuously for, the twelve=month period
7 30 immediately preceding the application for a full driver's
7 31 license, and who has paid the required fee.
7 32 Sec. 11. NEW SECTION. 321.363A CELL PHONE USE BY DRIVER
7 33 UNDER EIGHTEEN PROHIBITED.
7 34 A person under eighteen years of age shall not operate or
7 35 utilize a mobile telephone, two=way radio, wireless electronic
8 1 mail device, two=way pager, or any other device used for
8 2 remote two=way communication while operating a motor vehicle
8 3 on the roadway.
8 4 Sec. 12. Section 321.445, subsection 2, unnumbered
8 5 paragraph 1, Code 2007, is amended to read as follows:
8 6 The driver and front seat occupants of a type of motor
8 7 vehicle that is subject to registration in Iowa, except a
8 8 motorcycle or a motorized bicycle, shall each wear a properly
8 9 adjusted and fastened safety belt or safety harness any time
8 10 the vehicle is in forward motion on a street or highway in
8 11 this state except that a child under eleven eighteen years of
8 12 age shall be secured as required under section 321.446.
8 13 Sec. 13. Section 321.446, subsection 2, Code 2007, is
8 14 amended to read as follows:
8 15 2. A child at least six years of age but under eleven
8 16 eighteen years of age who is being transported in a motor
8 17 vehicle subject to registration, except a school bus or
8 18 motorcycle, shall be secured during transit by a child
8 19 restraint system that is used in accordance with the
8 20 manufacturer's instructions or by a safety belt or safety
8 21 harness of a type approved under section 321.445.
8 22 Sec. 14. NEW SECTION. 321J.2C EDUCATION FOR PERSONS
8 23 UNDER AGE TWENTY=ONE.
8 24 Notwithstanding any other provision, a person under twenty=
8 25 one years of age who operates a motor vehicle in violation of
8 26 section 321J.2 or 321J.2A shall complete a classroom course
8 27 approved by the department consisting of behavior=based
8 28 training designed to promote positive and safe decision
8 29 making. The classroom course required under this section
8 30 shall be the "alive at 25" course developed by the national
8 31 safety council, or a course that contains equivalent
8 32 curriculum and meets the goals of the "alive at 25" course.
8 33 The requirement imposed under this section is in addition to
8 34 any other penalty, sanction, or educational requirement
8 35 provided for a violation of this chapter.
9 1 Sec. 15. Section 805.8A, subsection 14, Code 2007, is
9 2 amended by adding the following new paragraph:
9 3 NEW PARAGRAPH. j. CELL PHONE VIOLATIONS. For violations
9 4 under section 321.363A, the scheduled fine is $30.
9 5 Sec. 16. YOUNG DRIVERS STUDY COMMITTEE.
9 6 1. The state department of transportation and the
9 7 department of public safety, in consultation with interested
9 8 organizations, shall establish a study committee to review
9 9 Iowa law concerning driver licensing provisions affecting
9 10 young drivers. The committee shall specifically review the
9 11 provisions of section 321.194 concerning special minor's
9 12 (school) licenses and the provisions of section 321.178 and
9 13 other relevant Code sections concerning driver education. In
9 14 its review of driver education, the committee shall consider
9 15 the value of current driver education curricula, potential
9 16 matters for inclusion in an approved driver education course,
9 17 and requirements for hours of classroom and laboratory
9 18 instruction.
9 19 2. The committee shall be comprised of members from
9 20 government, educational, and professional organizations, the
9 21 business community, nonpartisan groups, and rural and urban
9 22 communities, including but not limited to persons representing
9 23 the following:
9 24 a. The department of education.
9 25 b. The office of the attorney general.
9 26 c. The Iowa prosecuting attorneys council.
9 27 d. The Iowa association of chiefs of police and peace
9 28 officers.
9 29 e. The Iowa state sheriffs' and deputies' association.
9 30 f. The Iowa association of safety education.
9 31 g. The Iowa high school athletic association.
9 32 h. Superintendents of both urban and rural school
9 33 districts.
9 34 i. Drivers under eighteen years of age.
9 35 j. Small business owners and other employers.
10 1 k. Parents.
10 2 3. The committee shall recommend changes to Iowa law to
10 3 remove ambiguities in existing language and to ensure the safe
10 4 transportation of Iowa's youth. The committee shall report
10 5 its findings and recommendations to the general assembly no
10 6 later than December 31, 2007. In addition, the committee
10 7 shall submit its recommendations concerning driver education
10 8 in a proposal for legislation, presented in bill draft format,
10 9 to the chairpersons of the house and senate standing
10 10 committees on transportation, for consideration by the general
10 11 assembly during the 2008 legislative session.
10 12 Sec. 17. EFFECTIVE DATE. The sections of this Act
10 13 enacting sections 321.179 and 321J.2C take effect July 1,
10 14 2008.
10 15 EXPLANATION
10 16 This bill addresses issues relating to the safe operation
10 17 of motor vehicles by young drivers.
10 18 DIVISION I. This division of the bill concerns alcoholic
10 19 beverage control relating to providing alcohol to underage
10 20 persons, dram shop liability, and providing keg identification
10 21 numbers for sales of beer in containers of five gallons or
10 22 more.
10 23 Code section 123.47 is amended to provide that it shall be
10 24 unlawful for a person who owns, leases, or has control of
10 25 property that is not a licensed premises to permit any person,
10 26 knowing or having reasonable cause to believe the person to be
10 27 under legal age, to consume or possess on the property any
10 28 alcoholic liquor, wine, or beer. A violation of this
10 29 provision would be a serious misdemeanor punishable by a
10 30 minimum fine of $500.
10 31 Code section 123.92 is amended to extend civil liability to
10 32 a person who intentionally makes available a receptacle
10 33 containing beer, wine, or intoxicating liquor to an underage
10 34 person with direct knowledge that the underage person intends
10 35 to consume the beer, wine, or other intoxicating liquor and
11 1 the underage person becomes intoxicated and injures another
11 2 person. Current law provides that a person must physically
11 3 present such receptacle to a person under legal age for that
11 4 person to be liable for injuries caused by that intoxicated
11 5 underage person.
11 6 The bill provides in Code section 123.138 that specified
11 7 liquor control licensees and beer permittees who sell beer for
11 8 off=premises consumption shall affix to each keg of beer an
11 9 identification sticker provided by the administrator of the
11 10 alcoholic beverages division of the department of commerce.
11 11 The bill provides that a "keg" of beer shall refer to all
11 12 durable and disposable containers with a liquid capacity of
11 13 five gallons or more.
11 14 The bill also provides that each of the specified licensees
11 15 and permittees shall keep a record of the identification
11 16 sticker number of each keg of beer sold by the licensee or
11 17 permittee with the name and address of the purchaser and the
11 18 number of the purchaser's driver's license, nonoperator's
11 19 identification card, or military identification card. The
11 20 bill provides that this information shall be retained for a
11 21 minimum of 90 days, and shall be available for inspection by
11 22 any law enforcement officer during normal business hours. The
11 23 bill provides that the identification sticker shall be affixed
11 24 to the keg at the time of the retail sale.
11 25 The bill provides that the alcoholic beverages division
11 26 shall provide the keg identification stickers, and that each
11 27 sticker shall display an identification number and a statement
11 28 that it is unlawful to sell, give, or otherwise supply any
11 29 alcoholic beverage, wine, or beer to any person under legal
11 30 age, and that any person who defaces the sticker shall be
11 31 guilty of criminal mischief and shall forfeit a deposit, if
11 32 applicable. The bill provides that the licensee or permittee
11 33 shall purchase the stickers from the division, that the
11 34 licensee or permittee shall be authorized to retain a
11 35 forfeited deposit, that the cost of the stickers shall not
12 1 exceed the division's production and distribution cost, and
12 2 that the moneys collected by the division from the sale of the
12 3 stickers or from forfeited deposits shall be credited to the
12 4 beer and liquor control fund.
12 5 The bill provides that penalty provisions contained in Code
12 6 section 123.50, regarding violations being punishable as a
12 7 simple misdemeanor, shall be applicable to a licensee or
12 8 permittee who fails to affix upon sale, defaces, or fails to
12 9 record a keg identification sticker or produce a record of keg
12 10 identification stickers. The bill provides that the
12 11 provisions of the bill shall be enforced and implemented
12 12 uniformly across the state, and that a county or municipality
12 13 shall not set requirements or establish a penalty which is
12 14 higher or more stringent than the requirements or penalty
12 15 provisions made applicable in Code section 123.50 or 716.6.
12 16 DIVISION II. This division of the bill addresses issues
12 17 relating to driver education, graduated driver licensing, and
12 18 passenger restraint.
12 19 The bill provides new remedial education requirements for
12 20 motor vehicle operators under 18 years of age who commit motor
12 21 vehicle violations, and for persons under 21 years of age who
12 22 operate a motor vehicle while under the influence of alcohol
12 23 or drugs. The bill requires that such persons complete the
12 24 "alive at 25" course developed by the national safety council
12 25 or an equivalent course approved by the state department of
12 26 transportation. These provisions take effect July 1, 2008.
12 27 The bill increases the amount of supervised driving
12 28 experience that a permittee between 14 and 18 years of age
12 29 must accumulate to qualify for an intermediate license from 20
12 30 hours, including two hours of nighttime driving, to 30 hours,
12 31 including four nighttime driving hours. The bill also
12 32 increases the amount of supervised driving experience that a
12 33 17=year=old intermediate licensee must accumulate to qualify
12 34 for a full driver's license from 10 hours, including two hours
12 35 of nighttime driving, to 20 hours, including four hours of
13 1 nighttime driving.
13 2 The bill allows no more than one passenger under 21 years
13 3 of age, other than the licensee's immediate family members, in
13 4 a vehicle being operated by an intermediate licensee.
13 5 The bill requires that passengers who are at least six but
13 6 less than 18 years of age be secured by a child restraint
13 7 system or by a safety belt or safety harness regardless of
13 8 seating position in any motor vehicle, other than a school bus
13 9 or motorcycle. Under current law, the restraint requirement
13 10 applies to front seat occupants of any age, and to rear seat
13 11 occupants under 11 years of age. In addition, the bill
13 12 requires that all passengers 18 years of age or older use
13 13 safety belts or safety harnesses regardless of seating
13 14 position when riding in a vehicle operated by an intermediate
13 15 licensee. A violation of the seat belt or child restraint law
13 16 is a simple misdemeanor punishable by a scheduled fine of $25.
13 17 The bill prohibits a person under 18 years of age from
13 18 using a mobile telephone or other two=way communication device
13 19 while operating a motor vehicle on the roadway. The
13 20 prohibition would not apply when the vehicle is stopped on the
13 21 shoulder of the highway or is otherwise off the highway. A
13 22 violation is a simple misdemeanor punishable by a scheduled
13 23 fine of $30.
13 24 The bill directs the state department of transportation and
13 25 the department of public safety, in consultation with
13 26 interested organizations, to establish a study committee to
13 27 review Iowa law concerning driver licensing provisions
13 28 affecting young drivers, including school licenses and driver
13 29 education. The committee is to make recommendations to the
13 30 general assembly before December 31, 2007. The committee is
13 31 also charged with drafting a legislative proposal concerning
13 32 driver education to be considered by the general assembly
13 33 during the 2008 legislative session.
13 34 LSB 2250HH 82
13 35 dea:nh/cf/24