Bill Text: IA SF2109 | 2023-2024 | 90th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the driving privileges of persons under eighteen years of age, and making penalties applicable. (Formerly SSB 3097.) Effective date: 07/01/2024
Spectrum: Committee Bill
Status: (Enrolled) 2024-05-08 - Fiscal note. [SF2109 Detail]
Download: Iowa-2023-SF2109-Amended.html
Bill Title: A bill for an act relating to the driving privileges of persons under eighteen years of age, and making penalties applicable. (Formerly SSB 3097.) Effective date: 07/01/2024
Spectrum: Committee Bill
Status: (Enrolled) 2024-05-08 - Fiscal note. [SF2109 Detail]
Download: Iowa-2023-SF2109-Amended.html
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-
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2109
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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
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2109
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2/
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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-
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2109
(3)
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th/ns/mb
3/
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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
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2109
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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
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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
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6/
10
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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-
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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
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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