Iowa-2023-HF2463-Introduced

H.F. 2463 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 5885HV (2) 90 th/ns 1/ 13

H.F. 2463 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 5885HV (2) 90 th/ns 2/ 13

H.F. 2463 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 5885HV (2) 90 th/ns 3/ 13

H.F. 2463 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 unsupervised to a place of employment 16 or a location for farm-related work while employed to work on a 17 farm, the applicant’s parent or guardian must submit written 18 consent for the applicant to operate a motor vehicle for such 19 purposes. The written consent must include the name and 20 address of the applicant’s place of employment, or primary farm 21 location, as applicable. The parent or guardian of a licensee 22 must update the place of employment information if the place 23 of employment changes prior to the licensee being authorized 24 to operate a motor vehicle unsupervised to a new place of 25 employment. 26 3. Persons ineligible. The department shall not issue a 27 special minor’s restricted license to an applicant if any of 28 the following occurred during the six-month period immediately 29 preceding the application: 30 a. The applicant’s driving privileges have been suspended, 31 revoked, or barred under this chapter or chapter 321J. 32 b. The applicant was at fault for causing an accident or 33 collision. 34 c. The applicant has been convicted of a violation of a 35 -4- LSB 5885HV (2) 90 th/ns 4/ 13

H.F. 2463 law of this state or a city ordinance regulating the operation 1 of motor vehicles on highways other than parking violations as 2 described in section 321.210. 3 4. License privileges. 4 a. The department shall classify the special minor’s 5 restricted license as a class C or class M license, as 6 applicable. A licensee is entitled to operate a motor vehicle 7 as provided in this section, other than a commercial motor 8 vehicle, a motor vehicle with more than two axles, a motor 9 vehicle towing another vehicle, or as a chauffeur. 10 b. A licensee may operate a motor vehicle unsupervised over 11 the most direct and accessible route between the licensee’s 12 residence, school of enrollment, place of employment, location 13 for farm work or farm-related work if the licensee resides on a 14 farm or is employed for compensation on a farm in this state, 15 and the closest service station, for any of the following 16 purposes, as applicable, provided the driving distance between 17 the point of origin and the destination is no more than 18 twenty-five miles, and the licensee is in immediate possession 19 of the license card: 20 (1) To return to the licensee’s residence following the 21 end of the licensee’s duly scheduled courses of instruction, 22 extracurricular activities, work shift, farm work, or 23 farm-related work, as applicable. 24 (2) To attend duly scheduled courses of instruction. 25 However, a licensee who attends a public school and resides 26 within that public school district may operate a motor vehicle 27 between the licensee’s residence and school regardless of the 28 distance. 29 (3) To participate in extracurricular activities. 30 (4) To complete a scheduled work shift, if approved by the 31 licensee’s parent or guardian pursuant to subsection 2. 32 (5) For the purpose of assisting the person’s parents, 33 guardians, or employers with farm work or in connection with 34 any farm job, employment, or other farm-related work, including 35 -5- LSB 5885HV (2) 90 th/ns 5/ 13

H.F. 2463 traveling to or from the location of the farm work, if the 1 licensee resides on a farm or is employed for compensation on 2 a farm in this state. If employed, the licensee’s parent or 3 guardian must provide consent pursuant to subsection 2. 4 (6) For the purpose of refueling the motor vehicle being 5 operated. 6 5. Restrictions. Unless accompanied and supervised in 7 accordance with section 321.180B, subsection 1, a licensee 8 shall not do any of the following: 9 a. Operate the motor vehicle except during the hour 10 before and after the beginning and end of the licensee’s duly 11 scheduled courses of instruction, extracurricular activities, 12 work shift, farm work, or farm-related work, as applicable. 13 b. Transport more than one unrelated minor passenger in the 14 motor vehicle when the licensee is operating the motor vehicle. 15 For purposes of this paragraph, “unrelated minor passenger” 16 means a passenger who is under eighteen years of age and who is 17 not a sibling of the driver, a stepsibling of the driver, or a 18 child who resides in the same household as the driver. 19 c. Operate the motor vehicle on a highway except as 20 authorized under subsection 4, paragraph “b” . 21 d. Use an electronic communication device or an electronic 22 entertainment device while operating a motor vehicle unless the 23 motor vehicle is at a complete stop off the traveled portion 24 of the roadway. This paragraph does not apply to the use 25 of electronic equipment which is permanently installed in 26 the motor vehicle or to a portable device which is operated 27 through permanently installed equipment. The department, 28 in cooperation with the department of public safety, shall 29 establish educational programs to foster compliance with the 30 requirements of this paragraph. 31 e. Operate a motor vehicle to the licensee’s place of 32 employment or location for farm work or farm-related work 33 unless the licensee’s parent or guardian submitted written 34 consent to the department in accordance with subsection 2. 35 -6- LSB 5885HV (2) 90 th/ns 6/ 13

H.F. 2463 6. Certification. The department shall prescribe a 1 certification form. If the applicant is enrolled at a school 2 for courses of instruction or extracurricular activities, the 3 applicant’s school shall certify that fact on the certification 4 form, which must also include a statement that the person 5 signing the certificate is not responsible for actions of the 6 applicant which pertain to the use of the special minor’s 7 restricted license. 8 a. If the applicant attends a public school, the 9 certification must be made by the school board, superintendent 10 of the applicant’s school, or principal, if authorized by the 11 superintendent. 12 b. If the applicant attends an accredited nonpublic 13 school, the certification must be made by the authorities in 14 charge of the accredited nonpublic school or a duly authorized 15 representative of the authorities. 16 7. License sanctions. 17 a. A special minor’s restricted license issued under this 18 section is subject to suspension, revocation, or other sanction 19 for the same reasons and in the same manner as suspension or 20 revocation of any other driver’s license, and as provided in 21 this section. The department shall suspend a special minor’s 22 restricted license for three months, as follows: 23 (1) Upon receiving satisfactory evidence that the licensee 24 violated the restrictions of the license or was at fault in an 25 accident or collision. 26 (2) Upon receiving a record of the licensee’s conviction 27 for one violation of a law of this state or a city ordinance 28 regulating the operation of motor vehicles on highways other 29 than parking violations as described in section 321.210. 30 b. As a result of the suspension, the department shall 31 not issue an intermediate license under section 321.180B for 32 an additional three months to a person whose special minor’s 33 restricted license was suspended under this subsection, per 34 violation, following the person’s sixteenth birthday. 35 -7- LSB 5885HV (2) 90 th/ns 7/ 13

H.F. 2463 8. Citations for violation of restrictions. A person who 1 violates the restrictions imposed under subsection 5 may 2 be issued a citation under this section and shall not be 3 issued a citation under section 321.193. A violation of the 4 restrictions imposed under subsection 5 is a moving violation. 5 9. Definitions. As used in this section: 6 a. “Place of employment” means the fixed location of an 7 employer who employs a person under sixteen years of age in 8 accordance with chapter 92, and is the only location at which 9 the person is authorized to work for the employer. 10 b. “Residence” means the place where a person resides, 11 permanently or temporarily. A person may have up to three 12 different residences for purposes of this section, if the 13 person’s parent or guardian provides written consent of the 14 additional residences to the department. 15 c. “School” means a public school or an accredited nonpublic 16 school, and includes facilities operated by a public or 17 accredited nonpublic school for the purposes of educational or 18 extracurricular activities. 19 10. Rules. The department may adopt rules pursuant to 20 chapter 17A to administer this section. 21 Sec. 7. Section 321.213B, Code 2024, is amended to read as 22 follows: 23 321.213B Suspension for failure to attend. 24 The department shall establish procedures by rule for 25 suspending the license of a juvenile who has been issued a 26 driver’s license and is not in compliance with the requirements 27 of section 299.1B or and issuing the juvenile a restricted work 28 license under section 321.178 . 29 Sec. 8. Section 321.482A, unnumbered paragraph 1, Code 30 2024, is amended to read as follows: 31 Notwithstanding section 321.482 , a person who is convicted 32 of operating a motor vehicle in violation of section 321.178, 33 subsection 2 , paragraph “a” , subparagraph (2), section 34 321.180B, subsection 6 , section 321.194, subsection 2 5 , 35 -8- LSB 5885HV (2) 90 th/ns 8/ 13

H.F. 2463 paragraph “b” “d” , subparagraph (2), section 321.256 , 321.257 , 1 section 321.275, subsection 4 , section 321.276 , 321.297 , 2 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 , 3 321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 , 4 321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372, 5 subsection 3 , or section 321.449B , causing serious injury to 6 or the death of another person may be subject to the following 7 penalties in addition to the penalty provided for a scheduled 8 violation in section 805.8A or any other penalty provided by 9 law: 10 Sec. 9. PREVIOUSLY ISSUED SPECIAL MINOR’S LICENSES. A 11 person who holds a special minor’s license that was issued 12 under section 321.194, Code 2024, before the effective date of 13 this Act may continue to operate a motor vehicle in accordance 14 with this Act on and after the effective date of this Act. 15 However, a person who was issued a special minor’s license 16 under section 321.194, Code 2024, prior to the effective date 17 of this Act shall not operate a motor vehicle unaccompanied 18 to the person’s place of employment until after the person’s 19 parent or guardian provides written consent to the department 20 in accordance with section 321.194, subsection 2, as enacted 21 by this Act. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 In 2023, the general assembly requested the formation 26 of an interim study committee to examine policy matters 27 and make recommendations on statutory changes relating to 28 licensed driving by persons between 14 and 18 years of age 29 (2023 Iowa Acts, chapter 92, section 23) and the legislative 30 council established the minor driver’s license interim study 31 committee for that purpose. Other than the farm-work-specific 32 provisions, this bill reflects the committee’s unanimous 33 recommendations. 34 Current law requires the department of transportation (DOT) 35 -9- LSB 5885HV (2) 90 th/ns 9/ 13

H.F. 2463 to implement a graduated driver’s license process which places 1 driving restrictions for young and inexperienced drivers, 2 and removes restrictions as the driver ages and gains more 3 experience. Beginning at age 14, a person may drive while 4 accompanied. When a person turns 16, the person is eligible to 5 receive an intermediate driver’s license that authorizes the 6 holder to drive without an accompanying qualified person, but 7 subject to other specified restrictions. The DOT is authorized 8 to issue special permits and licenses to persons under the age 9 of 18, including a special minor’s license which authorizes 10 unsupervised driving and can be issued to a person 14 years 11 old. 12 Under current law, a special minor’s license entitles a 13 person between the ages of 14 and 18 (student driver) to 14 operate a motor vehicle without adult supervision (drive) 15 from the student driver’s residence to the student driver’s 16 school or school bus stop or public transportation service, up 17 to 50 miles or more if the student driver drives to a school 18 within the school district of enrollment or within a school 19 district contiguous to the school district of enrollment. The 20 bill authorizes the DOT to instead issue a special minor’s 21 restricted license that entitles a person under the age of 22 16 (licensee) to drive from the licensee’s residence to the 23 licensee’s school, up to 25 miles, or more if the licensee 24 attends a public school and resides within the public school 25 district. To distinguish between licenses, the bill renames 26 the restricted license issued for work activities of minors 27 under current law to the restricted work license. 28 Under the bill, an applicant for a special minor’s 29 restricted license must hold an instruction permit issued by 30 the DOT or a comparable permit issued by another state, have 31 already successfully completed an approved driver education 32 course prior to applying, and submit a certification from 33 the applicant’s school certifying the applicant is enrolled 34 at the school for courses of instruction or extracurricular 35 -10- LSB 5885HV (2) 90 th/ns 10/ 13

H.F. 2463 activities. However, the completion of a course is not 1 required if the applicant demonstrates to the satisfaction of 2 the DOT that completion of the course would impose a hardship 3 upon the applicant. “Hardship” is defined by the DOT in 4 administrative rules and generally relates to the timing of 5 the applicant’s school offering a driver education course, 6 depending on the age of the applicant (761 IAC 602.26(3)). 7 The DOT is prohibited from issuing a special minor’s 8 restricted license to an applicant if the applicant’s driving 9 privileges have been sanctioned, if the applicant was at fault 10 for causing an accident or collision, or if the applicant has 11 been convicted of a traffic violation. 12 The bill retains current law requiring a licensee to operate 13 upon the most direct and accessible route between approved 14 locations, including the closest service station for the 15 purpose of refueling a vehicle. The bill also does not reduce 16 or alter the driving privileges of a licensee when driving with 17 supervision in accordance with Code section 321.180B. 18 Current law distinguishes between a public school and 19 accredited nonpublic school as it relates to where a student 20 driver is authorized to drive unsupervised. The bill instead 21 authorizes a licensee to drive to school regardless of whether 22 the school is public or accredited nonpublic. However, if a 23 licensee attends a public school and resides within the public 24 school district, there is no limit to the distance the licensee 25 may drive to school, provided that the licensee uses the most 26 direct and accessible route. 27 Under current law, a student driver who resides on a farm or 28 is employed for compensation on a farm may drive up to 50 miles 29 for the purpose of assisting the person’s parents, guardians, 30 or employers with farm work or in connection with any farm job, 31 employment, or other farm-related work, including traveling to 32 or from the location of the farm work. The bill retains this 33 farm-work authorization, but limits the driving distance to 25 34 miles. The bill also authorizes a licensee to drive up to 25 35 -11- LSB 5885HV (2) 90 th/ns 11/ 13

H.F. 2463 miles to the licensee’s place of employment for other types 1 of work performed in accordance with Code chapter 92 (child 2 labor), but does not authorize a licensee to drive as part of 3 the licensee’s nonfarm-related employment. A licensee’s parent 4 or guardian must provide the DOT with written consent for the 5 licensee to drive to work, including farm work. 6 Current law authorizes a student driver to drive to approved 7 locations between the hours of 5:00 a.m. and 10:00 p.m. The 8 bill instead prohibits a licensee from driving except for one 9 hour before and after the school event, work shift, or farm 10 work. 11 The bill retains current prohibitions against transporting 12 more than one unrelated minor as a passenger and using an 13 electronic communication device or electronic entertainment 14 device while driving. 15 The bill replaces the current requirement for schools to 16 certify that a special need exists for the DOT to issue a 17 special minor’s license, and instead requires an applicant’s 18 school to certify that the applicant is enrolled as a 19 student. The bill does not retain the one-mile presumption 20 of nonexistence of special need for the license or the appeal 21 process, as the bill no longer requires a school to make that 22 determination. 23 The bill requires the DOT to suspend a licensee’s license for 24 three months if the licensee violates the license restrictions, 25 is at fault for causing an accident or collision, or is 26 convicted of violating any other traffic law. The DOT is 27 also prohibited from issuing an intermediate driver’s license 28 for three months beyond when a person would otherwise be 29 eligible for the license, normally at age 16, under Code 30 section 321.180B. The bill does not retain the option for the 31 DOT to revoke a special minor’s license following a second 32 violation. The bill retains the same provision for violators 33 of the license restrictions to be issued a citation under 34 the bill instead of a citation under Code section 321.193 35 -12- LSB 5885HV (2) 90 th/ns 12/ 13

H.F. 2463 (restrictions on licenses). Contrary to current law, the 1 bill makes a violation of the license restrictions a moving 2 violation. Moving violations may be considered for purposes of 3 administrative suspension of a driver’s license or to establish 4 habitual offender status. 5 The DOT is authorized to adopt rules to administer the bill. 6 The bill does not require a person who holds a special 7 minor’s license that was issued before the effective date of 8 the bill to apply for a new license. Instead, a licensee may 9 continue to operate a motor vehicle in accordance with the 10 bill. However, a person who was issued a special minor’s 11 license prior to the effective date of the bill is prohibited 12 from driving unaccompanied to the person’s place of employment 13 until after the person’s parent or guardian provides written 14 consent to the DOT in accordance with the bill. 15 By operation of law, a person who violates a restriction 16 imposed on a special minor’s restricted license commits a 17 simple misdemeanor punishable by a $70 scheduled fine. In 18 addition, if a person is convicted of using an electronic 19 communication device or electronic entertainment device and the 20 violation results in injury or death, the person is subject 21 to enhanced penalties. Under Code section 321.482A, if the 22 violation causes a serious injury, a court could impose an 23 additional fine of $500 or suspend the person’s driver’s 24 license for not more than 90 days, or both. If the violation 25 causes a death, a court could impose an additional fine of 26 $1,000 or suspend the person’s driver’s license for not more 27 than 180 days, or both. 28 -13- LSB 5885HV (2) 90 th/ns 13/ 13