House
File
2089
-
Introduced
HOUSE
FILE
2089
BY
TYMESON
A
BILL
FOR
An
Act
extending
the
validity
of
an
expired
out-of-state
1
driver’s
license
of
a
veteran
of
the
military
service
of
the
2
United
States
who
becomes
a
resident
of
this
state
following
3
separation
from
active
duty.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5202HH
(3)
83
dea/nh
H.F.
2089
Section
1.
Section
321.198,
Code
2009,
is
amended
to
read
1
as
follows:
2
321.198
Military
service
exception.
3
1.
a.
The
effective
date
of
a
valid
driver’s
license
4
issued
under
the
laws
of
this
state,
held
by
any
person
at
the
5
time
of
entering
the
military
service
of
the
United
States
or
6
of
the
state
of
Iowa,
notwithstanding
the
expiration
of
the
7
license
according
to
its
terms,
is
hereby
extended
without
8
fee
until
six
months
following
the
initial
separation
of
the
9
person
from
active
duty
of
the
person
from
in
the
military
10
service,
provided
the
person
is
not
suffering
from
physical
11
disabilities
which
impair
the
person’s
competency
as
an
12
operator
and
provided
further
that
the
licensee
shall
furnish,
13
upon
demand
of
any
peace
officer,
satisfactory
evidence
of
the
14
person’s
military
service.
However,
a
person
entitled
to
the
15
benefits
of
this
section
who
is
charged
with
operating
a
motor
16
vehicle
without
a
valid
driver’s
license
shall
not
be
convicted
17
if
the
person
produces
in
court,
within
a
reasonable
time,
a
18
valid
driver’s
license
previously
issued
to
that
person
along
19
with
evidence
of
the
person’s
military
service
as
provided
in
20
this
paragraph.
21
b.
If
a
person
becomes
a
resident
of
this
state
following
22
separation
from
military
service,
a
valid
driver’s
license
23
issued
to
the
person
under
the
laws
of
another
state
and
held
24
by
the
person
at
the
time
of
entering
the
military
service
25
of
the
United
States,
notwithstanding
the
expiration
of
the
26
license
according
to
its
terms
during
the
period
the
person
27
was
serving
on
active
duty,
shall
be
valid
in
this
state
for
28
six
months
following
the
initial
separation
of
the
person
29
from
active
duty
in
the
military
service,
provided
the
person
30
is
not
suffering
from
physical
disabilities
which
impair
the
31
person’s
competency
as
an
operator
and
provided
further
that
32
the
licensee
shall
furnish,
upon
demand
of
any
peace
officer,
33
satisfactory
evidence
of
the
person’s
military
service.
34
However,
a
person
entitled
to
the
benefits
of
this
section
35
-1-
LSB
5202HH
(3)
83
dea/nh
1/
3
H.F.
2089
who
is
charged
with
operating
a
motor
vehicle
without
a
valid
1
driver’s
license
shall
not
be
convicted
if
the
person
produces
2
in
court,
within
a
reasonable
time,
a
valid
driver’s
license
3
previously
issued
to
that
person
by
another
state
along
with
4
evidence
of
the
person’s
military
service
as
provided
in
this
5
paragraph.
6
c.
The
department
is
authorized
to
renew
any
driver’s
7
license
falling
within
the
provisions
and
limitations
of
the
8
preceding
paragraph
“a”
,
without
examination,
upon
application
9
and
payment
of
fee
made
within
six
months
following
separation
10
from
the
military
service.
11
2.
The
provisions
of
this
section
shall
also
apply
to
the
12
spouse
and
children
or
ward
of
such
military
personnel
when
13
such
the
spouse,
children
,
or
ward
are
living
with
the
above
14
described
military
personnel
outside
of
the
state
of
Iowa
if
15
the
person
serving
in
the
military
is
a
resident
of
this
state,
16
or
outside
this
state
and
the
original
state
of
residence
if
17
the
person
was
not
a
resident
of
this
state
at
the
time
of
18
entering
military
service,
and
provided
that
such
the
extension
19
of
license
does
not
exceed
five
years.
20
3.
A
person
whose
period
of
validity
of
the
person’s
21
Iowa
driver’s
license
is
extended
under
this
section
may
22
file
an
application
in
accordance
with
rules
adopted
by
23
the
department
to
have
the
person’s
record
of
issuance
of
a
24
driver’s
license
retained
in
the
department’s
record
system
25
during
the
period
for
which
the
driver’s
license
remains
valid.
26
If
a
person
has
had
the
record
of
issuance
of
the
person’s
27
driver’s
license
removed
from
the
department’s
records,
the
28
person
shall
have
the
person’s
record
of
driver’s
license
29
issuance
reentered
by
the
department
upon
request
if
the
30
request
is
accompanied
by
a
letter
from
the
applicable
person’s
31
commanding
officer
verifying
the
military
service.
32
EXPLANATION
33
Under
current
law,
if
a
person’s
Iowa
driver’s
license
34
expires
while
the
person
is
serving
on
active
duty
in
the
35
-2-
LSB
5202HH
(3)
83
dea/nh
2/
3
H.F.
2089
military
service
of
the
United
States,
the
validity
of
the
1
license
is
extended
without
fee
until
six
months
following
2
the
person’s
separation
from
active
duty.
The
extension
is
3
contingent
upon
the
absence
of
any
physical
disabilities
of
the
4
person
that
might
affect
the
ability
to
drive.
A
person
whose
5
license
is
extended
is
required
to
furnish
proof
of
military
6
service
upon
the
demand
of
a
peace
officer.
If
a
person
7
fails
to
do
so
and
is
charged
with
driving
without
a
valid
8
license,
the
person
can
avoid
conviction
by
producing
in
court
9
a
valid
driver’s
license
previously
issued
to
the
person
along
10
with
proof
of
the
person’s
military
service.
The
extension
11
privilege
also
applies
for
up
to
five
years
for
a
spouse,
12
child,
or
ward
of
the
person
serving
in
the
military
who
is
13
living
with
the
person
outside
the
state
of
Iowa.
14
This
bill
extends
a
similar
privilege
to
a
person
who
becomes
15
a
resident
of
Iowa
following
separation
from
active
duty.
A
16
driver’s
license
issued
by
another
state
and
held
by
the
person
17
at
the
time
of
entering
military
service
shall
be
valid
in
this
18
state
for
six
months
following
the
person’s
initial
separation
19
from
active
duty.
20
The
extension
privilege
applies
for
up
to
five
years
for
a
21
spouse,
child,
or
ward
of
a
person
in
military
service
who
was
22
living
with
the
person
outside
this
state
or
the
original
state
23
of
residence,
as
applicable.
24
-3-
LSB
5202HH
(3)
83
dea/nh
3/
3