SF 152 (LSB 1665SV (1) 91)

SENATE FILE 152

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SSB 1037)

A BILL FOR

An Act relating to state driver’s license requirements for certain persons with a military driver’s license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.186, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  a.  The department may waive the requirement that an applicant actually demonstrate the ability to exercise ordinary and reasonable control in the operation of a motor vehicle and other physical or mental examinations for an applicant who is on active duty in the military service, or who has separated from such service in the past year, and who certifies that during the two-year period immediately preceding the application for a driver’s license, all of the following are true:
   (1)  The applicant has not had a driver’s license, other than a military license.
   (2)  The applicant has maintained a clear driving record. For purposes of this subparagraph, “clear driving record” means the individual has not been identified as a candidate for suspension or revocation of a driver’s license under the habitual violator or habitual offender provisions of the department’s regulations; is not subject to a driver’s license suspension, revocation, denial, cancellation, disqualification, or bar; and has no record of a conviction for a moving traffic violation determined to be the cause of a motor vehicle accident.
   b.  An applicant for a waiver under this subsection must certify and provide evidence as required by the department that all of the following apply:
   (1)  The applicant is regularly employed or was regularly employed within the past year in a military position requiring operation of a motor vehicle.
   (2)  The applicant was operating a motor vehicle representative of the class of motor vehicle the applicant expects to operate for at least two years immediately preceding honorable separation from military service as evidenced by the person’s certificate of release or discharge from active duty, commonly referred to as a DD214.
   c.  An applicant who obtains a waiver under this subsection shall successfully complete a screening of the applicant’s eyesight, a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic, and a test of the applicant’s knowledge of the traffic laws of this state, as required under subsection 2. An applicant who obtains a waiver under this subsection is exempt from the driver education requirements under section 321.178.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the effective date of a valid driver’s license held by any person at the time of entering the military service of the United States or of the state of Iowa, or held by a family member living with such person, is generally extended without fee until six months following the initial separation from active duty, absent certain aggravating circumstances pursuant to Code section 321.198 (military service exception).
   This bill authorizes the department of transportation (DOT) to issue a driver’s license to a person who is on active duty in the military service, or who has separated from such service in the past year (military applicant), and who obtained a testing waiver under the bill.
   The bill authorizes the DOT to waive the requirement that a military applicant actually demonstrate the ability to exercise ordinary and reasonable control in the operation of a motor vehicle and other physical or mental examinations if the military applicant certifies that, during the two-year period immediately preceding the application for a driver’s license, the military applicant held no other driver’s license other than a military license, and that the applicant maintained a clear driving record, described in the bill. A military applicant must also certify and provide evidence of relevant employment in a military position requiring operation of a motor vehicle and that the military applicant has experience operating a motor vehicle representative of the class of motor vehicle the applicant expects to operate for at least two years immediately preceding honorable separation from military service, as evidenced by the person’s certificate of release or discharge from active duty, commonly referred to as a DD214. Similar provisions exist under current law for issuance of a commercial driver’s license.
   A military applicant must successfully complete an eyesight screening and tests on the ability to read and understand highway signs and knowledge of the traffic laws. A military applicant who obtains a waiver under the bill is exempt from the driver education requirements under Code section 321.178.