Bill Text: IA SSB3002 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act creating a special minor's farm driver's license, and providing penalties.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-28 - Reported out of committee as SF 2094. [SSB3002 Detail]

Download: Iowa-2019-SSB3002-Introduced.html

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Senate Study Bill 3002 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE ON
TRANSPORTATION BILL BY
CHAIRPERSON KAPUCIAN)
A BILL FOR
An Act creating a special minor’s farm driver’s license, and
providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321.177, subsection 1, Code 2020, is
amended to read as follows:
1. To any person who is under the age of eighteen years
except as provided in section 321.180B . However, the department
may issue a driver’s license to certain minors as provided
in section 321.178 , or 321.194 , or 321.194A, or a driver’s
license restricted to motorized bicycles as provided in section
321.189 .
Sec. 2. Section 321.178, subsection 1, paragraph e, Code
2020, is amended to read as follows:
e. Any person who successfully completes an approved driver
education course at a private or commercial driver education
school licensed by the department shall likewise be eligible
for a driver’s license as provided in section 321.180B , or
321.194 , or 321.194A .
Sec. 3. Section 321.180B, unnumbered paragraph 1, Code
2020, is amended to read as follows:
Persons under age eighteen shall not be issued a license or
permit to operate a motor vehicle except under the provisions
of this section . However, the department may issue restricted
and special driver’s licenses to certain minors as provided
in sections 321.178 , and 321.194 , and 321.194A, and driver’s
licenses restricted to motorized bicycles as provided in
section 321.189 . A license or permit shall not be issued
under this section or section 321.178 , or 321.194 , or 321.194A
without the consent of a parent or guardian or a person
having custody of the applicant under chapter 232 or 600A . An
additional consent is required each time a license or permit is
issued under this section or section 321.178 , or 321.194 , or
321.194A . The consent must be signed by at least one parent,
guardian, or custodian on an affidavit form provided by the
department.
Sec. 4. Section 321.191, subsection 6, Code 2020, is amended
to read as follows:
6. Special minors’ minor’s licenses. Notwithstanding
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subsection 2 , the fee for a driver’s license issued to a minor
under section 321.194 or 321.194A or a restricted license
issued to a minor under section 321.178, subsection 2 , is eight
dollars.
Sec. 5. Section 321.191, subsection 9, paragraph b, Code
2020, is amended to read as follows:
b. As used in this subsection , “to upgrade a license class
privilege” means to add any privilege to a valid driver’s
license. The addition of a privilege includes converting
from a noncommercial to a commercial license, converting from
a noncommercial class C to a class D license, converting an
instruction or learner’s permit to a class license, adding any
privilege to a section 321.189, subsection 7 , license, adding
an instruction or learner’s permit privilege, adding a section
321.189, subsection 7 , license to an instruction or learner’s
permit, and adding any privilege relating to a driver’s
license issued to a minor under section 321.178, 321.194 , or
321.178 321.194A .
Sec. 6. NEW SECTION . 321.194A Special minor’s farm license.
1. Persons eligible. The department may issue a class C
or M driver’s license to a person between the ages of fourteen
and eighteen years who resides on a farm in this state or is
employed for compensation on a farm in this state if all of the
following apply:
a. The person’s driving privileges have not been suspended,
revoked, or barred under this chapter or chapter 321J during,
and the person has not been convicted of a moving traffic
violation or involved in a motor vehicle accident for, the
six-month period immediately preceding the application for the
special minor’s farm license.
b. The person has successfully completed an approved driver
education course. However, the completion of a course is not
required if the applicant demonstrates to the satisfaction of
the department that completion of the course would impose a
hardship upon the applicant as determined by rules adopted by
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the department under section 321.194.
c. The person’s parent or guardian has certified to the
department, pursuant to subsection 3, that the person lives on
a farm or is employed for compensation on a farm in this state
and that a need exists for the license.
2. Driving privileges.
a. Permit operations. The special minor’s farm license
entitles the licensee, while having the license in immediate
possession, to operate a motor vehicle, other than a commercial
motor vehicle or as a chauffeur, during the times and for the
purposes set forth in this paragraph.
(1) The licensee may operate a motor vehicle during the
hours of 5:00 a.m. to 10:00 p.m. for the purpose of assisting
the person’s parents, guardians, or employers with farm work
or in connection with any farm job, employment, or other
farm-related work, including traveling to or from the location
of the farm work, provided the driving distance between the
point of origin and the destination is no more than fifty
miles.
(2) At any time when the licensee is accompanied in
accordance with section 321.180B, subsection 1.
b. Restrictions.
(1) Passengers. Unless accompanied in accordance with
section 321.180B, subsection 1, a person issued a driver’s
license pursuant to this section must limit the number of
unrelated minor passengers in the motor vehicle when the
licensee is operating the motor vehicle to one. For purposes
of this section, “unrelated minor passenger” means a passenger
who is under eighteen years of age and who is not a sibling of
the driver, a stepsibling of the driver, or a child who resides
in the same household as the driver.
(2) Electronic communication devices. A person issued a
driver’s license under this section shall not use an electronic
communication device or an electronic entertainment device
while driving a motor vehicle unless the motor vehicle is at a
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complete stop off the traveled portion of the roadway. This
subparagraph does not apply to the use of electronic equipment
which is permanently installed in the motor vehicle or to a
portable device which is operated through permanently installed
equipment. The department, in cooperation with the department
of public safety, shall establish educational programs to
foster compliance with the requirements of this subparagraph.
3. Certification of need and issuance of license.
a. Each application shall be accompanied by a statement from
the applicant’s parent or guardian that the applicant lives on
a farm or is employed for compensation on a farm in this state,
and that a need exists for the license. The statement shall be
on a form provided by the department.
b. Upon receipt of a statement demonstrating farm residency
or employment, the department shall issue the driver’s license
provided the applicant is otherwise eligible for issuance of
a license.
4. Suspension and revocation. A driver’s license issued
under this section is subject to suspension or revocation
for the same reasons and in the same manner as suspension or
revocation of any other driver’s license. The department may
also suspend a driver’s license issued under this section upon
receiving satisfactory evidence that the licensee has violated
the restrictions of the license or has been involved in one
or more accidents chargeable to the licensee. The department
may suspend a driver’s license issued under this section
upon receiving a record of the licensee’s conviction for one
violation. The department shall revoke the license upon
receiving a record of conviction for two or more violations
of a law of this state or a city ordinance regulating the
operation of motor vehicles on highways other than parking
violations as defined in section 321.210. After a person
licensed under this section receives two or more convictions
which require revocation of the person’s license under this
section, the department shall not grant an application for a
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new driver’s license until the expiration of thirty days.
5. Citations for violation of restrictions. A person who
violates the restrictions imposed under subsection 2 may
be issued a citation under this section and shall not be
issued a citation under section 321.193. A violation of the
restrictions imposed under subsection 2 shall not be considered
a moving violation.
Sec. 7. Section 321.213, Code 2020, is amended to read as
follows:
321.213 License suspensions or revocations due to violations
by juvenile drivers.
Upon the entering of a dispositional order suspending or
revoking the driver’s license or operating privileges of the
juvenile under section 232.52, subsection 2 , paragraph “a” ,
the clerk of the juvenile court shall forward a copy of the
adjudication and the dispositional order to the department.
Notwithstanding section 232.55 , a final adjudication in a
juvenile court that the child violated a provision of this
chapter or chapter 321A or 321J constitutes a final conviction
for purposes of section 321.189, subsection 7 , paragraph “b” ,
and sections 321.193 , 321.194 , 321.194A, 321.200 , 321.209 ,
321.210 , 321.215 , 321.555 , 321A.17 , 321J.2 , 321J.3 , and 321J.4 .
Sec. 8. Section 321.482A, unnumbered paragraph 1, Code
2020, is amended to read as follows:
Notwithstanding section 321.482 , a person who is convicted
of operating a motor vehicle in violation of section 321.178,
subsection 2 , paragraph “a” , subparagraph (2), section
321.180B, subsection 6 , section 321.194, subsection 2 ,
paragraph “b” , subparagraph (2), section 321.194A, subsection
2, paragraph “b” , subparagraph (2), section 321.256 , 321.257 ,
section 321.275, subsection 4 , section 321.276 , 321.297 ,
321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 321.305 , 321.306 ,
321.307 , 321.311 , 321.319 , 321.320 , 321.321 , 321.322 , 321.323 ,
321.324 , 321.324A , 321.327 , 321.329 , 321.333 , section 321.372,
subsection 3 , or section 321.449B , causing serious injury to
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or the death of another person may be subject to the following
penalties in addition to the penalty provided for a scheduled
violation in section 805.8A or any other penalty provided by
law:
Sec. 9. Section 321A.17, subsection 4, Code 2020, is amended
to read as follows:
4. An individual applying for a driver’s license following a
period of suspension or revocation pursuant to a dispositional
order issued under section 232.52, subsection 2 , paragraph
“a” , or under section 321.180B , section 321.210, subsection
1 , paragraph “a” , subparagraph (4), or section 321.210A ,
321.213A , 321.213B , 321.216B , or 321.513 , following a period
of suspension or revocation under section 321.178 , or 321.194 ,
or 321.194A or following a period of revocation pursuant to a
court order issued under section 321J.2A , is not required to
maintain proof of financial responsibility under this section .
Sec. 10. Section 805.8A, subsection 4, Code 2020, is amended
by adding the following new paragraph:
NEW PARAGRAPH . 0h. Section 321.194A..............$50.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill allows the department of transportation (DOT)
to issue a class C or M driver’s license to a person between
the ages of 14 and 18 years who resides on a farm in this
state or is employed for compensation on a farm in this state.
The bill includes many provisions applicable to the special
minor’s farm license that are similar to the requirements for
a special minor’s license under Code section 321.194. To be
eligible, the person must not have had their driving privileges
suspended, revoked, or barred pursuant to Code chapters 321 or
321J and not have been convicted of a moving traffic violation
or involved in a motor vehicle accident for the six-month
period immediately preceding the application for the special
minor’s farm license. The person must also have successfully
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completed an approved driver education course unless the person
can show to the satisfaction of the DOT that completion of the
course would impose a hardship upon the person. The person’s
parent or guardian must also certify to the DOT that the person
lives on a farm or is employed for compensation on a farm in
this state and that a need exists for the license.
The special minor’s farm license allows the licensee to
operate a motor vehicle during the hours of 5:00 a.m. to 10:00
p.m. to assist the person’s parents, guardians, or employers
with farm work in connection with any farm job, employment, or
farm-related work, including traveling to or from the location
of the farm work, provided the driving distance between the
point of origin and the destination is no more than 50 miles.
The licensee is also allowed to operate a motor vehicle if
accompanied by another person in accordance with Code section
321.180B(1).
The bill provides that a person issued a special minor’s farm
license must limit the number of unrelated minor passengers in
the motor vehicle to one unless accompanied in accordance with
Code section 321.180B(1). The bill defines the term “unrelated
minor passenger”.
The bill further provides that a person issued a special
minor’s farm license is prohibited from using an electronic
communication device or an electronic entertainment device
while driving a motor vehicle unless the motor vehicle is at a
complete stop off the traveled portion of the roadway. This
restriction does not apply to the use of electronic equipment
that is permanently installed in the motor vehicle or to a
portable device that is operated through permanently installed
equipment. The bill also requires the DOT and the department
of public safety to develop educational programs to foster
compliance with this restriction.
A special minor’s farm license is subject to suspension
or revocation for the same reasons and in the same manner
as suspension or revocation of any other driver’s license.
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The DOT may also suspend a special minor’s farm license upon
receiving satisfactory evidence that the licensee has violated
the restrictions of the license or has been involved in one
or more accidents chargeable to the licensee. The DOT can
suspend a special minor’s farm license upon receiving a record
of the licensee’s conviction for one violation and must revoke
the license upon receiving a record of conviction for two or
more violations of a law of this state or a city ordinance
regulating the operation of motor vehicles on highways other
than parking violations. After a licensee receives two or more
convictions which require revocation of the license, the DOT
must not grant an application for a new driver’s license until
the expiration of 30 days.
A person who violates the restrictions imposed by a special
minor’s farm license may be issued a citation under the
provisions of the bill, punishable by a scheduled fine of $50,
but shall not be issued a citation under Code section 321.193.
The violation shall not be considered a moving violation.
The bill makes conforming changes to Code sections 321.177,
321.178, 321.180B, 321.191, 321.213, 321.482A, and 321A.17. A
person convicted of violating the provisions of the bill that
causes serious injury or death to another person is subject to
additional penalties.
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