Bill Text: IA SF405 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the issuance of temporary restricted licenses for employment purposes. (Formerly SSB 1196.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-04-02 - Referred to Judiciary. S.J. 769. [SF405 Detail]
Download: Iowa-2015-SF405-Introduced.html
Senate File 405 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1196) A BILL FOR 1 An Act relating to the issuance of temporary restricted 2 licenses for employment purposes. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2147SV (1) 86 ns/nh PAG LIN 1 1 Section 1. NEW SECTION. 321.215A Temporary restricted 1 2 employment license. 1 3 1. If the department denies a person's application for a 1 4 temporary restricted license under section 321.215, or if a 1 5 person is not eligible for a temporary restricted license under 1 6 section 321.215, the department, on application, shall issue a 1 7 temporary restricted employment license to the person allowing 1 8 the person whose noncommercial driver's license is suspended or 1 9 revoked to drive to and from the person's home and the location 1 10 or locations of the person's full=time or part=time employment 1 11 if all of the following are true: 1 12 a. The person is employed full=time or part=time, and 1 13 reasonable, alternative means of transportation do not exist 1 14 to the location or locations of the person's full=time or 1 15 part=time employment. 1 16 b. The person's noncommercial driver's license has been 1 17 suspended or revoked as a result of any of the following, or 1 18 any combination of the following: 1 19 (1) A violation of section 321.218 or 321A.32, subsection 1 20 1, or upon the denial of issuance of a noncommercial driver's 1 21 license under section 321.560, based solely on offenses 1 22 enumerated in section 321.555, subsection 1, paragraph "c". 1 23 (2) A court order issued under section 901.5, subsection 1 24 10, based on a violation of section 124.401, subsection 1, 1 25 paragraph "d", involving fifty kilograms or less of marijuana, 1 26 or a violation of chapter 453B involving only possession of 1 27 processed marijuana. 1 28 (3) Section 321.209, subsection 5 or 6. 1 29 (4) Section 321.210, 321.210A, or 321.513. 1 30 c. In order to pay fines related to the violation or 1 31 violations resulting in the suspension or revocation of the 1 32 person's noncommercial driver's license, the person has entered 1 33 into a payment plan with the centralized collection unit of 1 34 the department of revenue, the county attorney, or the county 1 35 attorney's designee. 2 1 d. Proof of financial responsibility is established as 2 2 defined in chapter 321A. However, such proof is not required 2 3 if the driver's license was suspended under section 321.210A 2 4 or 321.513 or revoked pursuant to a court order issued under 2 5 section 901.5, subsection 10. 2 6 2. A temporary restricted employment license issued 2 7 under this section shall expire six months after the date 2 8 of issuance, but shall be renewable if the person remains 2 9 current with the payment plan entered into with the centralized 2 10 collection unit of the department of revenue, the county 2 11 attorney, or the county attorney's designee. 2 12 3. A temporary restricted employment license shall be 2 13 canceled upon conviction of a moving traffic violation or 2 14 upon a violation of a term of the license. A "moving traffic 2 15 violation" does not include a parking violation as defined in 2 16 section 321.210. 2 17 4. A temporary restricted employment license is not 2 18 valid to operate a commercial motor vehicle if a commercial 2 19 driver's license is required for the person's operation of the 2 20 commercial motor vehicle. 2 21 Sec. 2. Section 321.560, subsection 1, paragraph a, Code 2 22 2015, is amended to read as follows: 2 23 a. A temporary restricted license may be issued pursuant to 2 24 section 321.215, subsection 2, or section 321.215A, to a person 2 25 declared to be a habitual offender under section 321.555, 2 26 subsection 1, paragraph "c". 2 27 Sec. 3. Section 321.561, Code 2015, is amended to read as 2 28 follows: 2 29 321.561 Punishment for violation. 2 30 It shall be unlawful for any person found to be a habitual 2 31 offender to operate any motor vehicle in this state during 2 32 the period of time specified in section 321.560 except for a 2 33 habitual offender who has been granted a temporary restricted 2 34 license pursuant to section 321.215, subsection 2, or section 2 35 321.215A. A person violating this section commits an aggravated 3 1 misdemeanor. 3 2 EXPLANATION 3 3 The inclusion of this explanation does not constitute agreement with 3 4 the explanation's substance by the members of the general assembly. 3 5 This bill provides for the issuance of a temporary 3 6 restricted employment license that only allows a person 3 7 to drive to and from the person's home and the location 3 8 or locations of the person's full=time or part=time 3 9 employment. The license may be issued where the department 3 10 of transportation has denied the person's application for a 3 11 temporary restricted license under Code section 321.215 or the 3 12 person is not eligible for a temporary restricted license under 3 13 Code section 321.215. 3 14 The bill provides that to be eligible for the temporary 3 15 restricted employment license, a person must be employed 3 16 full=time or part=time, an alternative means of transportation 3 17 must not exist to the location or locations of the person's 3 18 employment, the person must have proof of financial 3 19 responsibility, and in order to pay the fines related to 3 20 the violation or violations resulting in the suspension 3 21 or revocation of the person's driver's license, the person 3 22 must have entered into a payment plan with the centralized 3 23 collection unit of the department of revenue, the county 3 24 attorney, or the county attorney's designee. In addition, a 3 25 person is only eligible for the temporary restricted employment 3 26 license if the person's driver's license was suspended or 3 27 revoked for violations related to driving with a suspended or 3 28 revoked driver's license, possession of marijuana in small 3 29 amounts, nonpayment of fines, drag racing, reckless driving, 3 30 out=of=state violations, or various other violations that 3 31 may result in administrative suspension by the department of 3 32 transportation. 3 33 The temporary restricted employment license shall expire 3 34 six months after the date of issuance, but shall be renewable 3 35 if the person remains current with the payment plan entered 4 1 into with the centralized collection unit of the department 4 2 of revenue, the county attorney, or the county attorney's 4 3 designee. The temporary restricted employment license shall 4 4 be canceled upon conviction of a moving traffic violation or 4 5 upon a violation of a term of the license, but not for a parking 4 6 violation. The temporary restricted employment license is not 4 7 valid to operate a commercial motor vehicle if a commercial 4 8 driver's license is required for the person's operation of the 4 9 commercial motor vehicle. LSB 2147SV (1) 86 ns/nh
