House File 2299 - Introduced HOUSE FILE 2299 BY WAGNER A BILL FOR An Act relating to the extension of the effective date of a 1 driver’s license for a person serving on active duty in 2 military service. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5358YH (2) 84 dea/nh
H.F. 2299 Section 1. Section 321.198, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. a. The effective date of a valid driver’s license issued 3 under the laws of this state, held by any person at the time of 4 entering the military service of the United States or of the 5 state of Iowa, notwithstanding the expiration of the license 6 according to its terms, is hereby extended without fee until 7 six months following the initial separation from active duty 8 of the person from the military service, provided the person 9 is not suffering from physical disabilities which impair the 10 person’s competency as an operator , and provided further that 11 the licensee shall furnish, upon demand of any peace officer, 12 satisfactory evidence of the person’s military service. 13 However, a person entitled to the benefits of this section 14 who is charged with operating a motor vehicle without a valid 15 driver’s license shall not be convicted if the person produces 16 in court, within a reasonable time, a valid driver’s license 17 previously issued to that person along with satisfactory 18 evidence of the person’s military service as provided in this 19 paragraph. 20 b. The department is authorized to renew any driver’s 21 license falling within the provisions and limitations of 22 paragraph “a” , without examination, upon application and 23 payment of fee made within six months following separation from 24 the military service. 25 c. For purposes of this subsection, a United States 26 department of defense common access card issued to a person is 27 satisfactory evidence of the person’s current military service, 28 and a certificate of release or discharge from active duty, 29 commonly referred to as a DD214, is satisfactory evidence 30 of a person’s previous military service and separation from 31 active duty. A person who produces a valid driver’s license 32 previously issued to the person along with the person’s 33 common access card or DD214 shall not be required to produce 34 any additional documentation to satisfy the requirements of 35 -1- LSB 5358YH (2) 84 dea/nh 1/ 2
H.F. 2299 paragraph “a” . 1 EXPLANATION 2 Currently, Code section 321.198 provides that the effective 3 date of a driver’s license held by a person at the time of 4 entering the military service of the United States or of 5 the state of Iowa is extended without fee until six months 6 following the person’s initial separation from active duty. 7 The person is required to furnish, upon demand of any peace 8 officer, satisfactory evidence of the person’s military 9 service. If the person is charged with driving without a 10 valid driver’s license, the person may avoid conviction by 11 producing in court, within a reasonable time, the driver’s 12 license previously issued to the person along with evidence of 13 the person’s military service. Form 430028, available from the 14 department of transportation, explains the statutory provisions 15 regarding military extensions. Pursuant to administrative 16 rule, the department recommends that a person who qualifies for 17 the military extension should request the form and carry it 18 with the person’s driver’s license for verification to peace 19 officers. 20 This bill amends Code section 321.198 to specify that 21 a person’s department of defense common access card is 22 satisfactory evidence of current military service, and a 23 certificate of release or discharge from active duty, known 24 as a DD214, is satisfactory evidence of a person’s previous 25 military service and discharge from active duty. The bill 26 provides that a person who produces either a common access card 27 or DD214, along with the driver’s license previously issued to 28 the person, shall not be required to produce any additional 29 documentation to a peace officer or to a court in order to 30 satisfy the requirements for a military extension. 31 -2- LSB 5358YH (2) 84 dea/nh 2/ 2