House Study Bill 612 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) A BILL FOR An Act relating to the driving privileges of persons under 1 eighteen years of age, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5885YC (2) 90 th/ns
H.F. _____ Section 1. Section 232.52, subsection 2, paragraph a, 1 subparagraph (4), subparagraph division (b), Code 2024, is 2 amended to read as follows: 3 (b) The child may be issued a temporary restricted license 4 or school special minor’s restricted license if the child is 5 otherwise eligible. 6 Sec. 2. Section 321.1, subsection 20A, Code 2024, is amended 7 to read as follows: 8 20A. “Driver’s license” means any license or permit issued 9 to a person to operate a motor vehicle on the highways of 10 this state, including but not limited to a restricted work, 11 special minor’s restricted, temporary restricted , or temporary 12 license and an instruction, chauffeur’s instruction, commercial 13 learner’s, or temporary permit. For purposes of license 14 suspension, revocation, bar, disqualification, cancellation, or 15 denial under this chapter and chapters 321A , 321C , and 321J , 16 “driver’s license” includes any privilege to operate a motor 17 vehicle. 18 Sec. 3. Section 321.178, subsection 2, Code 2024, is amended 19 to read as follows: 20 2. Restricted work license. 21 a. (1) A person between sixteen and eighteen years of age 22 who has completed an approved driver education course and is 23 not in attendance at school and has not met the requirements 24 described in section 299.2, subsection 1 , may be issued a 25 restricted work license only for travel to and from work or to 26 transport dependents to and from temporary care facilities, 27 if necessary for the person to maintain the person’s present 28 employment. The restricted work license shall be issued by the 29 department only upon confirmation of the person’s employment 30 and need for a restricted work license to travel to and from 31 work or to transport dependents to and from temporary care 32 facilities if necessary to maintain the person’s employment. 33 The employer shall notify the department if the employment of 34 the person is terminated before the person attains the age of 35 -1- LSB 5885YC (2) 90 th/ns 1/ 13
H.F. _____ eighteen. 1 (2) (a) A person issued a restricted work license 2 under this section subsection shall not use an electronic 3 communication device or an electronic entertainment device 4 while driving a motor vehicle unless the motor vehicle is at a 5 complete stop off the traveled portion of the roadway. This 6 subparagraph division does not apply to the use of electronic 7 equipment which is permanently installed in the motor vehicle 8 or to a portable device which is operated through permanently 9 installed equipment. 10 (b) The department, in cooperation with the department of 11 public safety, shall establish educational programs to foster 12 compliance with the requirements of subparagraph division (a). 13 b. The department may suspend a restricted driver’s work 14 license issued under this section subsection upon receiving 15 satisfactory evidence that the licensee has violated the 16 restrictions imposed under paragraph “a” , subparagraph (2), 17 subparagraph division (a). The department may also suspend a 18 restricted work license issued under this section subsection 19 upon receiving a record of the person’s conviction for one 20 violation and shall revoke the license upon receiving a record 21 of conviction for two or more violations of a law of this state 22 or a city ordinance regulating the operation of motor vehicles 23 on highways, other than parking violations as defined described 24 in section 321.210 . After revoking a restricted work license 25 under this section paragraph, the department shall not grant an 26 application for a new driver’s license or instruction permit 27 until the expiration of one year or until the person attains 28 the age of eighteen, whichever is the longer period. 29 c. A person who violates the restrictions imposed under 30 paragraph “a” , subparagraph (2), subparagraph division (a), 31 may be issued a citation under this section and shall not be 32 issued a citation under section 321.193 . A violation of the 33 restrictions imposed under paragraph “a” , subparagraph (2), 34 subparagraph division (a), shall not be considered a moving 35 -2- LSB 5885YC (2) 90 th/ns 2/ 13
H.F. _____ violation. 1 Sec. 4. Section 321.180B, unnumbered paragraph 1, Code 2 2024, is amended to read as follows: 3 Persons under age eighteen shall not be issued a license or 4 permit to operate a motor vehicle except under the provisions 5 of this section . However, the department may issue restricted 6 work and special driver’s minor’s restricted licenses to 7 certain minors as provided in sections 321.178 and 321.194 , and 8 driver’s licenses restricted to motorized bicycles as provided 9 in section 321.189 . A person shall not be issued a license or 10 permit to operate a motor vehicle if prohibited under section 11 321.194, subsection 7. A license or permit shall not be issued 12 under this section or section 321.178 or 321.194 without the 13 consent of a parent or guardian or a person having custody of 14 the applicant under chapter 232 or 600A . An additional consent 15 is required each time a license or permit is issued under this 16 section or section 321.178 or 321.194 . The consent must be 17 signed by at least one parent, guardian, or custodian on an 18 affidavit form provided by the department. 19 Sec. 5. Section 321.191, subsection 6, Code 2024, is amended 20 to read as follows: 21 6. Special minors’ Minors’ restricted licenses. 22 Notwithstanding subsection 2 , the fee for a driver’s special 23 minor’s restricted license issued to a minor under section 24 321.194 or a restricted work license issued to a minor under 25 section 321.178, subsection 2 , is eight dollars. 26 Sec. 6. Section 321.194, Code 2024, is amended by striking 27 the section and inserting in lieu thereof the following: 28 321.194 Special minor’s restricted license. 29 1. Application —— persons eligible. The department may 30 issue a special minor’s restricted license to an applicant 31 under the age of sixteen if the applicant meets all of the 32 following conditions: 33 a. The applicant holds an instruction permit issued by the 34 department in accordance with section 321.180B, or a comparable 35 -3- LSB 5885YC (2) 90 th/ns 3/ 13
H.F. _____ permit issued by another state. 1 b. The applicant has successfully completed an approved 2 driver education course. However, the completion of a 3 course is not required if the applicant demonstrates to the 4 satisfaction of the department that completion of the course 5 would impose a hardship upon the applicant. The department 6 shall adopt rules defining the term “hardship” and establishing 7 procedures for the demonstration and determination of when 8 completion of the course would impose a hardship upon an 9 applicant. 10 c. The applicant submits a certification from the 11 applicant’s school certifying the applicant is enrolled at 12 the school for courses of instruction or extracurricular 13 activities. 14 2. Consent —— employment. Prior to being authorized to 15 operate a motor vehicle to a place of employment unsupervised, 16 the applicant’s parent or guardian must submit written consent 17 for the applicant to operate a motor vehicle to work. The 18 written consent must include the name and address of the 19 applicant’s place of employment. The parent or guardian of a 20 licensee must update the place of employment information if 21 the place of employment changes prior to the licensee being 22 authorized to operate a motor vehicle unsupervised to a new 23 place of employment. 24 3. Persons ineligible. The department shall not issue a 25 special minor’s restricted license to an applicant if any of 26 the following occurred during the six-month period immediately 27 preceding the application: 28 a. The applicant’s driving privileges have been suspended, 29 revoked, or barred under this chapter or chapter 321J. 30 b. The applicant was at fault for causing an accident or 31 collision. 32 c. The applicant has been convicted of a violation of a 33 law of this state or a city ordinance regulating the operation 34 of motor vehicles on highways other than parking violations as 35 -4- LSB 5885YC (2) 90 th/ns 4/ 13
H.F. _____ described in section 321.210. 1 4. License privileges. 2 a. The department shall classify the special minor’s 3 restricted license as a class C or class M license, as 4 applicable. A licensee is entitled to operate a motor vehicle 5 as provided in this section, other than a commercial motor 6 vehicle, a motor vehicle with more than two axles, a motor 7 vehicle towing another vehicle, or as a chauffeur. 8 b. A licensee may operate a motor vehicle unsupervised over 9 the most direct and accessible route between the licensee’s 10 residence, school of enrollment, place of employment, and the 11 closest service station, for any of the following purposes, as 12 applicable, provided the driving distance between the point of 13 origin and the destination is no more than twenty-five miles, 14 and the licensee is in immediate possession of the license 15 card: 16 (1) To return to the licensee’s residence following the 17 end of the licensee’s duly scheduled courses of instruction, 18 extracurricular activities, or work shift, as applicable. 19 (2) To attend duly scheduled courses of instruction. 20 However, a licensee who attends a public school and resides 21 within that public school district may operate a motor vehicle 22 between the licensee’s residence and school regardless of the 23 distance. 24 (3) To participate in extracurricular activities. 25 (4) To complete a scheduled work shift, if approved by the 26 licensee’s parent or guardian pursuant to subsection 2. 27 (5) For the purpose of refueling the motor vehicle being 28 operated. 29 5. Restrictions. Unless accompanied and supervised in 30 accordance with section 321.180B, subsection 1, a licensee 31 shall not do any of the following: 32 a. Operate the motor vehicle except during the hour 33 before and after the beginning and end of the licensee’s duly 34 scheduled courses of instruction, extracurricular activities, 35 -5- LSB 5885YC (2) 90 th/ns 5/ 13
H.F. _____ or work shift, as applicable. 1 b. Transport more than one unrelated minor passenger in the 2 motor vehicle when the licensee is operating the motor vehicle. 3 For purposes of this paragraph, “unrelated minor passenger” 4 means a passenger who is under eighteen years of age and who is 5 not a sibling of the driver, a stepsibling of the driver, or a 6 child who resides in the same household as the driver. 7 c. Operate the motor vehicle on a highway except as 8 authorized under subsection 4, paragraph “b” . 9 d. Use an electronic communication device or an electronic 10 entertainment device while operating a motor vehicle unless the 11 motor vehicle is at a complete stop off the traveled portion 12 of the roadway. This paragraph does not apply to the use 13 of electronic equipment which is permanently installed in 14 the motor vehicle or to a portable device which is operated 15 through permanently installed equipment. The department, 16 in cooperation with the department of public safety, shall 17 establish educational programs to foster compliance with the 18 requirements of this paragraph. 19 e. Operate a motor vehicle to the licensee’s place of 20 employment unless the licensee’s parent or guardian submitted 21 a written statement to the department in accordance with 22 subsection 2. 23 6. Certification. The department shall prescribe a 24 certification form. If the applicant is enrolled at a school 25 for courses of instruction or extracurricular activities, the 26 applicant’s school shall certify that fact on the certification 27 form, which must also include a statement that the person 28 signing the certificate is not responsible for actions of the 29 applicant which pertain to the use of the special minor’s 30 restricted license. 31 a. If the applicant attends a public school, the 32 certification must be made by the school board, superintendent 33 of the applicant’s school, or principal, if authorized by the 34 superintendent. 35 -6- LSB 5885YC (2) 90 th/ns 6/ 13
H.F. _____ b. If the applicant attends an accredited nonpublic 1 school, the certification must be made by the authorities in 2 charge of the accredited nonpublic school or a duly authorized 3 representative of the authorities. 4 7. License sanctions. 5 a. A special minor’s restricted license issued under this 6 section is subject to suspension, revocation, or other sanction 7 for the same reasons and in the same manner as suspension or 8 revocation of any other driver’s license, and as provided in 9 this section. The department shall suspend a special minor’s 10 restricted license for three months, as follows: 11 (1) Upon receiving satisfactory evidence that the licensee 12 violated the restrictions of the license or was at fault in an 13 accident or collision. 14 (2) Upon receiving a record of the licensee’s conviction 15 for one violation of a law of this state or a city ordinance 16 regulating the operation of motor vehicles on highways other 17 than parking violations as described in section 321.210. 18 b. As a result of the suspension, the department shall 19 not issue an intermediate license under section 321.180B for 20 an additional three months to a person whose special minor’s 21 restricted license was suspended under this subsection, per 22 violation, following the person’s sixteenth birthday. 23 8. Citations for violation of restrictions. A person who 24 violates the restrictions imposed under subsection 5 may 25 be issued a citation under this section and shall not be 26 issued a citation under section 321.193. A violation of the 27 restrictions imposed under subsection 5 is a moving violation. 28 9. Definitions. As used in this section: 29 a. “Place of employment” means the fixed location of an 30 employer who employs a person under sixteen years of age in 31 accordance with chapter 92, and is the only location at which 32 the person is authorized to work for the employer. 33 b. “Residence” means the place where a person resides, 34 permanently or temporarily. A person may have up to three 35 -7- LSB 5885YC (2) 90 th/ns 7/ 13
H.F. _____ different residences for purposes of this section, if the 1 person’s parent or guardian provides written consent of the 2 additional residences to the department. 3 c. “School” means a public school or an accredited nonpublic 4 school, and includes facilities operated by a public or 5 accredited nonpublic school for the purposes of educational or 6 extracurricular activities. 7 10. Rules. The department may adopt rules pursuant to 8 chapter 17A to administer this section. 9 Sec. 7. Section 321.213B, Code 2024, is amended to read as 10 follows: 11 321.213B Suspension for failure to attend. 12 The department shall establish procedures by rule for 13 suspending the license of a juvenile who has been issued a 14 driver’s license and is not in compliance with the requirements 15 of section 299.1B or and issuing the juvenile a restricted work 16 license under section 321.178 . 17 Sec. 8. Section 321.482A, unnumbered paragraph 1, Code 18 2024, is amended to read as follows: 19 Notwithstanding section 321.482 , a person who is convicted 20 of operating a motor vehicle in violation of section 321.178, 21 subsection 2 , paragraph “a” , subparagraph (2), section 22 321.180B, subsection 6 , section 321.194, subsection 2 5 , 23 paragraph “b” “d” , subparagraph (2), section 321.256 , 321.257 , 24 section 321.275, subsection 4 , section 321.276 , 321.297 , 25 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 26 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 27 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 28 subsection 3 , or section 321.449B , causing serious injury to 29 or the death of another person may be subject to the following 30 penalties in addition to the penalty provided for a scheduled 31 violation in section 805.8A or any other penalty provided by 32 law: 33 Sec. 9. PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES. A 34 person who holds a special minor’s license that was issued 35 -8- LSB 5885YC (2) 90 th/ns 8/ 13
H.F. _____ under section 321.194, Code 2024, before the effective date of 1 this Act may continue to operate a motor vehicle in accordance 2 with this Act on and after the effective date of this Act. 3 However, a person who was issued a special minor’s license 4 under section 321.194, Code 2024, prior to the effective date 5 of this Act shall not operate a motor vehicle unaccompanied 6 to the person’s place of employment until after the person’s 7 parent or guardian provides written consent to the department 8 in accordance with section 321.194, subsection 2, as enacted 9 by this Act. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 In 2023, the general assembly requested the formation of 14 an interim study committee to examine policy matters and make 15 recommendations on statutory changes relating to licensed 16 driving by persons between 14 and 18 years of age (2023 Iowa 17 Acts, chapter 92, section 23) and the legislative council 18 established the minor driver’s license interim study committee 19 for that purpose. This bill reflects the committee’s unanimous 20 recommendations. 21 Current law requires the department of transportation (DOT) 22 to implement a graduated driver’s license process which places 23 driving restrictions for young and inexperienced drivers, 24 and removes restrictions as the driver ages and gains more 25 experience. Beginning at age 14, a person may drive while 26 accompanied. When a person turns 16, the person is eligible to 27 receive an intermediate driver’s license that authorizes the 28 holder to drive without an accompanying qualified person, but 29 subject to other specified restrictions. The DOT is authorized 30 to issue special permits and licenses to persons under the age 31 of 18, including a special minor’s license which authorizes 32 unsupervised driving and can be issued to a person 14 years 33 old. 34 Under current law, a special minor’s license entitles a 35 -9- LSB 5885YC (2) 90 th/ns 9/ 13
H.F. _____ person between the ages of 14 and 18 (student driver) to 1 operate a motor vehicle without adult supervision (drive) 2 from the student driver’s residence to the student driver’s 3 school or school bus stop or public transportation service, up 4 to 50 miles or more if the student driver drives to a school 5 within the school district of enrollment or within a school 6 district contiguous to the school district of enrollment. The 7 bill authorizes the DOT to instead issue a special minor’s 8 restricted license that entitles a person under the age of 9 16 (licensee) to drive from the licensee’s residence to the 10 licensee’s school, up to 25 miles, or more if the licensee 11 attends a public school and resides within the public school 12 district. To distinguish between licenses, the bill renames 13 the restricted license issued for work activities of minors 14 under current law to the restricted work license. 15 Under the bill, an applicant for a special minor’s 16 restricted license must hold an instruction permit issued by 17 the DOT or a comparable permit issued by another state, have 18 already successfully completed an approved driver education 19 course prior to applying, and submit a certification from 20 the applicant’s school certifying the applicant is enrolled 21 at the school for courses of instruction or extracurricular 22 activities. However, the completion of a course is not 23 required if the applicant demonstrates to the satisfaction of 24 the DOT that completion of the course would impose a hardship 25 upon the applicant. “Hardship” is defined by the DOT in 26 administrative rules and generally relates to the timing of 27 the applicant’s school offering a driver education course, 28 depending on the age of the applicant (761 IAC 602.26(3)). 29 The DOT is prohibited from issuing a special minor’s 30 restricted license to an applicant if the applicant’s driving 31 privileges have been sanctioned, if the applicant was at fault 32 for causing an accident or collision, or if the applicant has 33 been convicted of a traffic violation. 34 The bill retains current law requiring a licensee to operate 35 -10- LSB 5885YC (2) 90 th/ns 10/ 13
H.F. _____ upon the most direct and accessible route between approved 1 locations, including the closest service station for the 2 purpose of refueling a vehicle. The bill also does not reduce 3 or alter the driving privileges of a licensee when driving with 4 supervision in accordance with Code section 321.180B. 5 Current law distinguishes between a public school and 6 accredited nonpublic school as it relates to where a student 7 driver is authorized to drive unsupervised. The bill instead 8 authorizes a licensee to drive to school regardless of whether 9 the school is public or accredited nonpublic. However, if a 10 licensee attends a public school and resides within the public 11 school district, there is no limit to the distance the licensee 12 may drive to school, provided that the licensee uses the most 13 direct and accessible route. 14 Under current law, a student driver who resides on a farm or 15 is employed for compensation on a farm may drive up to 50 miles 16 for the purpose of assisting the person’s parents, guardians, 17 or employers with farm work or in connection with any farm job, 18 employment, or other farm-related work, including traveling to 19 or from the location of the farm work. The bill authorizes 20 a licensee to drive up to 25 miles to the licensee’s place 21 of employment and does not distinguish between farm work and 22 other work performed in accordance with Code chapter 92 (child 23 labor). The bill does not authorize a licensee to drive as 24 part of the licensee’s employment. A licensee’s parent or 25 guardian must provide the DOT with written consent for the 26 licensee to drive to work. 27 Current law authorizes a student driver to drive to approved 28 locations between the hours of 5:00 a.m. and 10:00 p.m. The 29 bill instead prohibits a licensee from driving except for one 30 hour before and after the school event or work shift. 31 The bill retains current prohibitions against transporting 32 more than one unrelated minor as a passenger and using an 33 electronic communication device or electronic entertainment 34 device while driving. 35 -11- LSB 5885YC (2) 90 th/ns 11/ 13
H.F. _____ The bill replaces the current requirement for schools to 1 certify that a special need exists for the DOT to issue a 2 special minor’s license, and instead requires an applicant’s 3 school to certify that the applicant is enrolled as a 4 student. The bill does not retain the one-mile presumption 5 of nonexistence of special need for the license or the appeal 6 process, as the bill no longer requires a school to make that 7 determination. 8 The bill requires the DOT to suspend a licensee’s license for 9 three months if the licensee violates the license restrictions, 10 is at fault for causing an accident or collision, or is 11 convicted of violating any other traffic law. The DOT is 12 also prohibited from issuing an intermediate driver’s license 13 for three months beyond when a person would otherwise be 14 eligible for the license, normally at age 16, under Code 15 section 321.180B. The bill does not retain the option for the 16 DOT to revoke a special minor’s license following a second 17 violation. The bill retains the same provision for violators 18 of the license restrictions to be issued a citation under 19 the bill instead of a citation under Code section 321.193 20 (restrictions on licenses). Contrary to current law, the 21 bill makes a violation of the license restrictions a moving 22 violation. Moving violations may be considered for purposes of 23 administrative suspension of a driver’s license or to establish 24 habitual offender status. 25 The DOT is authorized to adopt rules to administer the bill. 26 The bill does not require a person who holds a special 27 minor’s license that was issued before the effective date of 28 the bill to apply for a new license. Instead, a licensee may 29 continue to operate a motor vehicle in accordance with the 30 bill. However, a person who was issued a special minor’s 31 license prior to the effective date of the bill is prohibited 32 from driving unaccompanied to the person’s place of employment 33 until after the person’s parent or guardian provides written 34 consent to the DOT in accordance with the bill. 35 -12- LSB 5885YC (2) 90 th/ns 12/ 13
H.F. _____ By operation of law, a person who violates a restriction 1 imposed on a special minor’s restricted license commits a 2 simple misdemeanor punishable by a $70 scheduled fine. In 3 addition, if a person is convicted of using an electronic 4 communication device or electronic entertainment device and the 5 violation results in injury or death, the person is subject 6 to enhanced penalties. Under Code section 321.482A, if the 7 violation causes a serious injury, a court could impose an 8 additional fine of $500 or suspend the person’s driver’s 9 license for not more than 90 days, or both. If the violation 10 causes a death, a court could impose an additional fine of 11 $1,000 or suspend the person’s driver’s license for not more 12 than 180 days, or both. 13 -13- LSB 5885YC (2) 90 th/ns 13/ 13