HF 2089 (LSB 5202HH (3) 83)

HOUSE FILE 2089

BY  TYMESON

A BILL FOR

An Act extending the validity of an expired out-of-state driver’s license of a veteran of the military service of the United States who becomes a resident of this state following separation from active duty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.198, Code 2009, is amended to read as follows:
   321.198  Military service exception.
   1.a.  The effective date of a valid driver’s license issued under the laws of this state, held by any person at the time of entering the military service of the United States or of the state of Iowa, notwithstanding the expiration of the license according to its terms, is hereby extended without fee until six months following the initial separation of the person from active duty of the person from in the military service, provided the person is not suffering from physical disabilities which impair the person’s competency as an operator and provided further that the licensee shall furnish, upon demand of any peace officer, satisfactory evidence of the person’s military service. However, a person entitled to the benefits of this section who is charged with operating a motor vehicle without a valid driver’s license shall not be convicted if the person produces in court, within a reasonable time, a valid driver’s license previously issued to that person along with evidence of the person’s military service as provided in this paragraph.
   b.  If a person becomes a resident of this state following separation from military service, a valid driver’s license issued to the person under the laws of another state and held by the person at the time of entering the military service of the United States, notwithstanding the expiration of the license according to its terms during the period the person was serving on active duty, shall be valid in this state for six months following the initial separation of the person from active duty in the military service, provided the person is not suffering from physical disabilities which impair the person’s competency as an operator and provided further that the licensee shall furnish, upon demand of any peace officer, satisfactory evidence of the person’s military service. However, a person entitled to the benefits of this section who is charged with operating a motor vehicle without a valid driver’s license shall not be convicted if the person produces in court, within a reasonable time, a valid driver’s license previously issued to that person by another state along with evidence of the person’s military service as provided in this paragraph. 
   c.  The department is authorized to renew any driver’s license falling within the provisions and limitations of the preceding paragraph “a”, without examination, upon application and payment of fee made within six months following separation from the military service.
   2.  The provisions of this section shall also apply to the spouse and children or ward of such military personnel when such the spouse, children, or ward are living with the above described military personnel outside of the state of Iowa if the person serving in the military is a resident of this state, or outside this state and the original state of residence if the person was not a resident of this state at the time of entering military service, and provided that such the extension of license does not exceed five years.
   3.  A person whose period of validity of the person’s Iowa driver’s license is extended under this section may file an application in accordance with rules adopted by the department to have the person’s record of issuance of a driver’s license retained in the department’s record system during the period for which the driver’s license remains valid. If a person has had the record of issuance of the person’s driver’s license removed from the department’s records, the person shall have the person’s record of driver’s license issuance reentered by the department upon request if the request is accompanied by a letter from the applicable person’s commanding officer verifying the military service.
EXPLANATION
   Under current law, if a person’s Iowa driver’s license expires while the person is serving on active duty in the military service of the United States, the validity of the license is extended without fee until six months following the person’s separation from active duty. The extension is contingent upon the absence of any physical disabilities of the person that might affect the ability to drive. A person whose license is extended is required to furnish proof of military service upon the demand of a peace officer. If a person fails to do so and is charged with driving without a valid license, the person can avoid conviction by producing in court a valid driver’s license previously issued to the person along with proof of the person’s military service. The extension privilege also applies for up to five years for a spouse, child, or ward of the person serving in the military who is living with the person outside the state of Iowa.
   This bill extends a similar privilege to a person who becomes a resident of Iowa following separation from active duty. A driver’s license issued by another state and held by the person at the time of entering military service shall be valid in this state for six months following the person’s initial separation from active duty.
   The extension privilege applies for up to five years for a spouse, child, or ward of a person in military service who was living with the person outside this state or the original state of residence, as applicable.