Senate Study Bill 1196 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the issuance of temporary restricted 1 licenses for employment purposes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2147XC (2) 86 ns/nh
S.F. _____ Section 1. NEW SECTION . 321.215A Temporary restricted 1 employment license. 2 1. If the department denies a person’s application for a 3 temporary restricted license under section 321.215, or if a 4 person is not eligible for a temporary restricted license under 5 section 321.215, the department, on application, shall issue a 6 temporary restricted employment license to the person allowing 7 the person whose noncommercial driver’s license is suspended or 8 revoked to drive to and from the person’s home and the location 9 or locations of the person’s full-time or part-time employment 10 if all of the following are true: 11 a. The person is employed full-time or part-time, and 12 reasonable, alternative means of transportation do not exist 13 to the location or locations of the person’s full-time or 14 part-time employment. 15 b. The person’s noncommercial driver’s license has been 16 suspended or revoked as a result of any of the following, or 17 any combination of the following: 18 (1) A violation of section 321.218 or 321A.32, subsection 19 1, or upon the denial of issuance of a noncommercial driver’s 20 license under section 321.560, based solely on offenses 21 enumerated in section 321.555, subsection 1, paragraph “c” . 22 (2) A court order issued under section 901.5, subsection 23 10, based on a violation of section 124.401, subsection 1, 24 paragraph “d” , involving fifty kilograms or less of marijuana, 25 or a violation of chapter 453B involving only possession of 26 processed marijuana. 27 (3) Section 321.209, subsection 5 or 6. 28 (4) Section 321.210, 321.210A, or 321.513. 29 c. In order to pay fines related to the violation or 30 violations resulting in the suspension or revocation of the 31 person’s noncommercial driver’s license, the person has entered 32 into a payment plan with the centralized collection unit of 33 the department of revenue, the county attorney, or the county 34 attorney’s designee. 35 -1- LSB 2147XC (2) 86 ns/nh 1/ 4
S.F. _____ d. Proof of financial responsibility is established as 1 defined in chapter 321A. However, such proof is not required 2 if the driver’s license was suspended under section 321.210A 3 or 321.513 or revoked pursuant to a court order issued under 4 section 901.5, subsection 10. 5 2. A temporary restricted employment license issued 6 under this section shall expire six months after the date 7 of issuance, but shall be renewable if the person remains 8 current with the payment plan entered into with the centralized 9 collection unit of the department of revenue, the county 10 attorney, or the county attorney’s designee. 11 3. A temporary restricted employment license shall be 12 canceled upon conviction of a moving traffic violation or 13 upon a violation of a term of the license. A “moving traffic 14 violation” does not include a parking violation as defined in 15 section 321.210. 16 4. A temporary restricted employment license is not 17 valid to operate a commercial motor vehicle if a commercial 18 driver’s license is required for the person’s operation of the 19 commercial motor vehicle. 20 Sec. 2. Section 321.560, subsection 1, paragraph a, Code 21 2015, is amended to read as follows: 22 a. A temporary restricted license may be issued pursuant to 23 section 321.215, subsection 2 , or section 321.215A, to a person 24 declared to be a habitual offender under section 321.555, 25 subsection 1 , paragraph “c” . 26 Sec. 3. Section 321.561, Code 2015, is amended to read as 27 follows: 28 321.561 Punishment for violation. 29 It shall be unlawful for any person found to be a habitual 30 offender to operate any motor vehicle in this state during 31 the period of time specified in section 321.560 except for a 32 habitual offender who has been granted a temporary restricted 33 license pursuant to section 321.215, subsection 2 , or section 34 321.215A . A person violating this section commits an aggravated 35 -2- LSB 2147XC (2) 86 ns/nh 2/ 4
S.F. _____ misdemeanor. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill provides for the issuance of a temporary 5 restricted employment license that only allows a person 6 to drive to and from the person’s home and the location 7 or locations of the person’s full-time or part-time 8 employment. The license may be issued where the department 9 of transportation has denied the person’s application for a 10 temporary restricted license under Code section 321.215 or the 11 person is not eligible for a temporary restricted license under 12 Code section 321.215. 13 The bill provides that to be eligible for the temporary 14 restricted employment license, a person must be employed 15 full-time or part-time, an alternative means of transportation 16 must not exist to the location or locations of the person’s 17 employment, the person must have proof of financial 18 responsibility, and in order to pay the fines related to 19 the violation or violations resulting in the suspension 20 or revocation of the person’s driver’s license, the person 21 must have entered into a payment plan with the centralized 22 collection unit of the department of revenue, the county 23 attorney, or the county attorney’s designee. In addition, a 24 person is only eligible for the temporary restricted employment 25 license if the person’s driver’s license was suspended or 26 revoked for violations related to driving with a suspended or 27 revoked driver’s license, possession of marijuana in small 28 amounts, nonpayment of fines, drag racing, reckless driving, 29 out-of-state violations, or various other violations that 30 may result in administrative suspension by the department of 31 transportation. 32 The temporary restricted employment license shall expire 33 six months after the date of issuance, but shall be renewable 34 if the person remains current with the payment plan entered 35 -3- LSB 2147XC (2) 86 ns/nh 3/ 4
S.F. _____ into with the centralized collection unit of the department 1 of revenue, the county attorney, or the county attorney’s 2 designee. The temporary restricted employment license shall 3 be canceled upon conviction of a moving traffic violation or 4 upon a violation of a term of the license, but not for a parking 5 violation. The temporary restricted employment license is not 6 valid to operate a commercial motor vehicle if a commercial 7 driver’s license is required for the person’s operation of the 8 commercial motor vehicle. 9 -4- LSB 2147XC (2) 86 ns/nh 4/ 4