Senate File 2109 - Reprinted SENATE FILE 2109 BY COMMITTEE ON WORKFORCE (SUCCESSOR TO SSB 3097) (As Amended and Passed by the Senate March 26, 2024 ) 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 SF 2109 (3) 90 th/ns/mb
S.F. 2109 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- SF 2109 (3) 90 th/ns/mb 1/ 10
S.F. 2109 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- SF 2109 (3) 90 th/ns/mb 2/ 10
S.F. 2109 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- SF 2109 (3) 90 th/ns/mb 3/ 10
S.F. 2109 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, or from the applicant’s primary instructor if the 14 applicant receives competent private instruction or independent 15 private instruction. 16 2. Consent —— employment. Prior to being authorized to 17 operate a motor vehicle unsupervised to a place of employment 18 or a location for farm-related work while employed to work on a 19 farm, the applicant’s parent or guardian must submit written 20 consent for the applicant to operate a motor vehicle for such 21 purposes. The written consent must include the name and 22 address of the applicant’s place of employment, or primary farm 23 location, as applicable. The parent or guardian of a licensee 24 must update the place of employment information if the place 25 of employment changes prior to the licensee being authorized 26 to operate a motor vehicle unsupervised to a new place of 27 employment. 28 3. Persons ineligible. The department shall not issue a 29 special minor’s restricted license to an applicant if any of 30 the following occurred during the six-month period immediately 31 preceding the application: 32 a. The applicant’s driving privileges have been suspended, 33 revoked, or barred under this chapter or chapter 321J. 34 b. The applicant was at fault for causing an accident or 35 -4- SF 2109 (3) 90 th/ns/mb 4/ 10
S.F. 2109 collision. 1 c. The applicant has been convicted of a violation of a 2 law of this state or a city ordinance regulating the operation 3 of motor vehicles on highways other than parking violations as 4 described in section 321.210. 5 4. License privileges. 6 a. The department shall classify the special minor’s 7 restricted license as a class C or class M license, as 8 applicable. A licensee is entitled to operate a motor vehicle 9 as provided in this section, other than a commercial motor 10 vehicle, a motor vehicle with more than two axles, a motor 11 vehicle towing another vehicle, or as a chauffeur. 12 b. A licensee may operate a motor vehicle unsupervised over 13 the most direct and accessible route between the licensee’s 14 residence, school of enrollment, location where the licensee 15 receives competent private instruction or independent private 16 instruction, place of employment, location for farm work or 17 farm-related work if the licensee resides on a farm or is 18 employed for compensation on a farm in this state, and the 19 closest service station, for any of the following purposes, as 20 applicable, provided the driving distance between the point of 21 origin and the destination is no more than twenty-five miles, 22 and the licensee is in immediate possession of the license 23 card: 24 (1) To return to the licensee’s residence following the 25 end of the licensee’s duly scheduled courses of instruction, 26 extracurricular activities, work shift, farm work, or 27 farm-related work, as applicable. 28 (2) To attend duly scheduled courses of instruction. 29 However, a licensee who attends a public school and resides 30 within that public school district may operate a motor vehicle 31 between the licensee’s residence and school regardless of the 32 distance. 33 (3) To participate in extracurricular activities. If 34 the licensee receives independent private instruction and 35 -5- SF 2109 (3) 90 th/ns/mb 5/ 10
S.F. 2109 participates in an extracurricular activity at another school, 1 the licensee may drive to the location of the extracurricular 2 activity regardless of whether the licensee is enrolled at the 3 school. 4 (4) To complete a scheduled work shift, if approved by the 5 licensee’s parent or guardian pursuant to subsection 2. 6 (5) For the purpose of assisting the licensee’s parents, 7 guardians, or employer with farm work or in connection with any 8 farm job, employment, or other farm-related work, including 9 traveling to or from the location of the farm work, if the 10 licensee resides on a farm or is employed for compensation on 11 a farm in this state. If employed, the licensee’s parent or 12 guardian must provide consent pursuant to subsection 2. 13 (6) For the purpose of refueling the motor vehicle being 14 operated. 15 5. Restrictions. Unless accompanied and supervised in 16 accordance with section 321.180B, subsection 1, a licensee 17 shall not do any of the following: 18 a. Operate the motor vehicle except during the hour 19 before and after the beginning and end of the licensee’s duly 20 scheduled courses of instruction, extracurricular activities, 21 work shift, farm work, or farm-related work, as applicable. 22 b. Transport more than one unrelated minor passenger in the 23 motor vehicle when the licensee is operating the motor vehicle. 24 For purposes of this paragraph, “unrelated minor passenger” 25 means a passenger who is under eighteen years of age and who is 26 not a sibling of the driver, a stepsibling of the driver, or a 27 child who resides in the same household as the driver. 28 c. Operate the motor vehicle on a highway except as 29 authorized under subsection 4, paragraph “b” . 30 d. Use an electronic communication device or an electronic 31 entertainment device while operating a motor vehicle unless the 32 motor vehicle is at a complete stop off the traveled portion 33 of the roadway. This paragraph does not apply to the use 34 of electronic equipment which is permanently installed in 35 -6- SF 2109 (3) 90 th/ns/mb 6/ 10
S.F. 2109 the motor vehicle or to a portable device which is operated 1 through permanently installed equipment. The department, 2 in cooperation with the department of public safety, shall 3 establish educational programs to foster compliance with the 4 requirements of this paragraph. 5 e. Operate a motor vehicle to the licensee’s place of 6 employment or location for farm work or farm-related work 7 unless the licensee’s parent or guardian submitted written 8 consent to the department in accordance with subsection 2. 9 6. Certification. The department shall prescribe a 10 certification form. If the applicant is enrolled at a school 11 for courses of instruction or extracurricular activities, the 12 applicant’s school shall certify that fact on the certification 13 form, which must also include a statement that the person 14 signing the certificate is not responsible for actions of the 15 applicant which pertain to the use of the special minor’s 16 restricted license. 17 a. If the applicant attends a public school, the 18 certification must be made by the school board, superintendent 19 of the applicant’s school, or principal, if authorized by the 20 superintendent. 21 b. If the applicant attends an accredited nonpublic 22 school, the certification must be made by the authorities in 23 charge of the accredited nonpublic school or a duly authorized 24 representative of the authorities. 25 c. If the applicant receives competent private instruction, 26 the certification must be made by the applicant’s primary 27 instructor. 28 7. License sanctions. 29 a. A special minor’s restricted license issued under this 30 section is subject to suspension, revocation, or other sanction 31 for the same reasons and in the same manner as suspension or 32 revocation of any other driver’s license, and as provided in 33 this section. The department shall suspend a special minor’s 34 restricted license for three months, as follows: 35 -7- SF 2109 (3) 90 th/ns/mb 7/ 10
S.F. 2109 (1) Upon receiving satisfactory evidence that the licensee 1 violated the restrictions of the license or was at fault in an 2 accident or collision. 3 (2) Upon receiving a record of the licensee’s conviction 4 for one violation of a law of this state or a city ordinance 5 regulating the operation of motor vehicles on highways other 6 than parking violations as described in section 321.210. 7 b. As a result of the suspension, the department shall 8 not issue an intermediate license under section 321.180B for 9 an additional three months to a person whose special minor’s 10 restricted license was suspended under this subsection, per 11 violation, following the person’s sixteenth birthday. 12 8. Citations for violation of restrictions. A person who 13 violates the restrictions imposed under subsection 5 may 14 be issued a citation under this section and shall not be 15 issued a citation under section 321.193. A violation of the 16 restrictions imposed under subsection 5 is a moving violation. 17 9. Definitions. As used in this section: 18 a. “Competent private instruction” means as defined in 19 section 299A.1. 20 b. “Farm-related work” means work at a property suitable for 21 farming that is owned, leased, or operated by the licensee’s 22 parents, guardians, or employer. 23 c. “Independent private instruction” means as defined in 24 section 299A.1. 25 d. “Place of employment” means the fixed location of an 26 employer who employs a person under sixteen years of age in 27 accordance with chapter 92, and is the only location at which 28 the person is authorized to work for the employer unless the 29 person is employed for purposes of farm work or farm-related 30 work. 31 e. “Residence” means the place where a person resides, 32 permanently or temporarily. A person may have up to three 33 different residences for purposes of this section, if the 34 person’s parent or guardian provides written consent of the 35 -8- SF 2109 (3) 90 th/ns/mb 8/ 10
S.F. 2109 additional residences to the department. 1 f. “School” means a public school or an accredited nonpublic 2 school, and includes facilities operated by a public or 3 accredited nonpublic school for the purposes of educational or 4 extracurricular activities. 5 10. Rules. The department may adopt rules pursuant to 6 chapter 17A to administer this section. 7 Sec. 7. Section 321.213B, Code 2024, is amended to read as 8 follows: 9 321.213B Suspension for failure to attend. 10 The department shall establish procedures by rule for 11 suspending the license of a juvenile who has been issued a 12 driver’s license and is not in compliance with the requirements 13 of section 299.1B or and issuing the juvenile a restricted work 14 license under section 321.178 . 15 Sec. 8. Section 321.482A, unnumbered paragraph 1, Code 16 2024, is amended to read as follows: 17 Notwithstanding section 321.482 , a person who is convicted 18 of operating a motor vehicle in violation of section 321.178, 19 subsection 2 , paragraph “a” , subparagraph (2), section 20 321.180B, subsection 6 , section 321.194, subsection 2 5 , 21 paragraph “b” “d” , subparagraph (2), section 321.256 , 321.257 , 22 section 321.275, subsection 4 , section 321.276 , 321.297 , 23 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 24 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 25 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 26 subsection 3 , or section 321.449B , causing serious injury to 27 or the death of another person may be subject to the following 28 penalties in addition to the penalty provided for a scheduled 29 violation in section 805.8A or any other penalty provided by 30 law: 31 Sec. 9. PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES. A 32 person who holds a special minor’s license that was issued 33 under section 321.194, Code 2024, before the effective date of 34 this Act may continue to operate a motor vehicle in accordance 35 -9- SF 2109 (3) 90 th/ns/mb 9/ 10
S.F. 2109 with this Act on and after the effective date of this Act. 1 However, a person who was issued a special minor’s license 2 under section 321.194, Code 2024, prior to the effective date 3 of this Act shall not operate a motor vehicle unaccompanied 4 to the person’s place of employment until after the person’s 5 parent or guardian provides written consent to the department 6 in accordance with section 321.194, subsection 2, as enacted 7 by this Act. 8 -10- SF 2109 (3) 90 th/ns/mb 10/ 10