Iowa 2023-2024 Regular Session

Iowa House Bill HF36 Latest Draft

Bill / Introduced Version Filed 01/12/2023

                            House File 36 - Introduced   HOUSE FILE 36   BY KRESSIG   A BILL FOR   An Act relating to requirements for and restrictions on special 1   minors drivers licenses, and making penalties applicable. 2   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3   TLSB 1385YH (2) 90   th/ns  

  H.F. 36   Section 1. Section 321.194, subsection 2, paragraph a, 1   subparagraph (3), Code 2023, is amended by striking the 2   subparagraph and inserting in lieu thereof the following: 3   (3) If the licensee is employed, the licensee may operate a 4   motor vehicle during the hours of 5:00 a.m. to 10:00 p.m. over 5   the most direct and accessible route between the licensees 6   residence or school of enrollment and the licensees place 7   of employment, provided the driving distance between the 8   licensees place of employment and the nearest point on the 9   route on which the licensee is authorized to travel under 10   subparagraph (1), subparagraph division (a), or subparagraph 11   (2), subparagraph division (a), is no more than fifty miles. 12   Sec. 2. Section 321.194, subsection 3, paragraph b, Code 13   2023, is amended to read as follows: 14   b. Upon receipt of a statement of necessity, the department 15   shall issue the drivers license provided the applicant is 16   otherwise eligible for issuance of the license. The fact that   17   the applicant resides at a distance less than one mile from the   18   applicants school of enrollment is prima facie evidence of   19   the nonexistence of necessity for the issuance of a license. 20   However, the distance between the applicants residence and   21   school of enrollment shall not be considered if the applicant 22   resides on a farm or is employed for compensation on a farm.   23   EXPLANATION 24   The inclusion of this explanation does not constitute agreement with 25   the explanations substance by the members of the general assembly. 26   Under current law, a person holding a special minors 27   drivers license is allowed to operate a motor vehicle 28   during the hours of 5:00 a.m. to 10:00 p.m. between the 29   licensees residence, schools of enrollment, bus stops, and 30   sites, facilities, or schools designated by the licensees 31   district or school of enrollment for the accommodation of the   32   schools extracurricular activities, with certain limitations. 33   Additionally, if the licensee resides on a farm or is employed 34   for compensation on a farm in this state, the licensee is 35   -1-   LSB 1385YH (2) 90   th/ns 1/ 2         

  H.F. 36   authorized to operate a motor vehicle for the purpose of 1   assisting the licensees parents, guardians, or employers with 2   farm work or in connection with any farm job, employment, or 3   other farm-related work, including traveling to or from the 4   location of the farm work, provided the licensee operates the 5   vehicle over the most direct and accessible route between the 6   point of origin and the destination and the driving distance 7   between the point of origin and the destination is no more than 8   50 miles. A licensee may also operate a motor vehicle to a 9   service station along the associated routes. 10   This bill strikes the farm work authorization and instead 11   authorizes a licensee who is employed to operate a motor 12   vehicle during the hours of 5:00 a.m. to 10:00 p.m. over 13   the most direct and accessible route between the licensees 14   residence or school of enrollment and the licensees place 15   of employment, provided the driving distance between the 16   licensees place of employment and the nearest point on the 17   route on which the licensee is otherwise authorized to travel 18   is no more than 50 miles. 19   Under current law, an application for a special minors 20   drivers license must be accompanied by a statement from 21   the applicants school of enrollment certifying that a need 22   exists for the license. The fact that an applicant resides 23   at a distance less than one mile from the applicants school 24   of enrollment is prima facie evidence of the nonexistence of 25   necessity for the issuance of the license. The bill strikes 26   the presumption of the nonexistence of necessity for an 27   applicant who lives less than one mile from the applicants 28   school of enrollment.   29   A violation of Code section 321.194 is punishable by a 30   scheduled fine of $70. 31   -2-   LSB 1385YH (2) 90   th/ns 2/ 2