Bill Text: IA SF2118 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to special minor's driver's licenses issued for travel to and from private instruction, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-09 - Subcommittee, Dvorsky, Quirmbach, and Smith. S.J. 191. [SF2118 Detail]
Download: Iowa-2015-SF2118-Introduced.html
Senate File 2118 - Introduced SENATE FILE BY ROZENBOOM A BILL FOR 1 An Act relating to special minor's driver's licenses issued for 2 travel to and from private instruction, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5051XS (2) 86 ns/nh PAG LIN 1 1 Section 1. Section 321.194, subsection 1, unnumbered 1 2 paragraph 1, Code 2016, is amended to read as follows: 1 3 Upon certification of a special needby the school board, 1 4 superintendent of the applicant's school, or principal, if 1 5 authorized by the superintendentpursuant to paragraph "c", 1 6 the department may issue a class C or M driver's license to 1 7 a person between the ages of fourteen and eighteen years 1 8 whose driving privileges have not been suspended, revoked, 1 9 or barred under this chapter or chapter 321J during, and 1 10 who has not been convicted of a moving traffic violation or 1 11 involved in a motor vehicle accident for, the six=month period 1 12 immediately preceding the application for the special minor's 1 13 license and who has successfully completed an approved driver 1 14 education course. However, the completion of a course is not 1 15 required if the applicant demonstrates to the satisfaction 1 16 of the department that completion of the course would impose 1 17 a hardship upon the applicant. The department shall adopt 1 18 rules defining the term "hardship" and establish procedures for 1 19 the demonstration and determination of when completion of the 1 20 course would impose a hardship upon an applicant. 1 21 Sec. 2. Section 321.194, subsection 1, paragraph a, 1 22 subparagraph (1), Code 2016, is amended to read as follows: 1 23 (1) During the hours of 5:00 a.m. to 10:00 p.m. over 1 24 the most direct and accessible route between the licensee's 1 25 residence and schools of enrollment or places of private 1 26 instruction in accordance with chapter 299A, or the closest 1 27 school bus stop or public transportation service, and between 1 28 schools of enrollment or places of private instruction, for 1 29 the purpose of attending duly scheduled courses of instruction 1 30 and extracurricular activities within the licensee's school 1 31 district or related to the licensee's private instruction, as 1 32 applicable. 1 33 Sec. 3. Section 321.194, subsection 1, paragraph c, Code 1 34 2016, is amended to read as follows: 1 35 c. Each application shall be accompanied by a statement from 2 1 the school board, superintendent, or principal, if authorized 2 2 by the superintendent, of the applicant's school, or if the 2 3 applicant attends competent private instruction or independent 2 4 private instruction in accordance with chapter 299A, from the 2 5 licensed practitioner or primary instructor of the applicant. 2 6 The statement shall be upon a form provided by the department. 2 7 The school board, superintendent,orprincipal,if authorized 2 8 by the superintendent, licensed practitioner, or primary 2 9 instructor shall certify that a need exists for the license and 2 10 that the board, superintendent,orprincipal authorized by the 2 11 superintendent, licensed practitioner, or primary instructor is 2 12 not responsible for actions of the applicant which pertain to 2 13 the use of the driver's license. Upon receipt of a statement 2 14 of necessity, the department shall issue the driver's license. 2 15 The fact that the applicant resides at a distance less than 2 16 one mile from the applicant's school of enrollment or place of 2 17 private instruction is prima facie evidence of the nonexistence 2 18 of necessity for the issuance of a license. The school board 2 19 shall develop and adopt a policy establishing the criteria 2 20 that shall be used by a school district administrator to 2 21 approve or deny certification that a need exists for a license. 2 22 The student may appeal to the school board the decision of 2 23 a school district administrator to deny certification. The 2 24 decision of the school board is final. The department shall 2 25 adopt rules establishing the criteria that shall be used by 2 26 licensed practitioners and primary instructors to approve or 2 27 deny certification that a need exists for a license. The 2 28 decision of the licensed practitioner or primary instructor is 2 29 final. The driver's license shall not be issued for purposes 2 30 of attending a place of private instruction that is not within 2 31 the school district of residence of the parent or guardian 2 32 of the student or within a district which is contiguous to 2 33 the district of residence of the parent or guardian of the 2 34 student. The driver's license shall not be issued for purposes 2 35 of attending a public school in a school district other than 3 1 either of the following: 3 2 (1) The district of residence of the parent or guardian of 3 3 the student. 3 4 (2) A district which is contiguous to the district of 3 5 residence of the parent or guardian of the student, if the 3 6 student is enrolled in the public school which is not the 3 7 school district of residence because of open enrollment under 3 8 section 282.18 or as a result of an election by the student's 3 9 district of residence to enter into one or more sharing 3 10 agreements pursuant to the procedures in chapter 282. 3 11 EXPLANATION 3 12 The inclusion of this explanation does not constitute agreement with 3 13 the explanation's substance by the members of the general assembly. 3 14 This bill provides for the issuance of special minor's 3 15 driver's licenses to students who attend competent private 3 16 instruction or independent private instruction pursuant to 3 17 Code chapter 299A. Upon certification of a special need by 3 18 a student's licensed practitioner or primary instructor, the 3 19 department of transportation (DOT) may issue a class C or M 3 20 driver's license to the student. In addition to the allowances 3 21 currently provided for by the license, the bill provides 3 22 that the student may operate the vehicle during the hours of 3 23 5:00 a.m. to 10:00 p.m. over the most direct and accessible 3 24 route between the student's residence and places of private 3 25 instruction, or the closest public transportation service 3 26 station, and between places of private instruction, for the 3 27 purpose of attending duly scheduled courses of instruction and 3 28 extracurricular activities related to the private instruction. 3 29 The bill requires the DOT to adopt rules establishing 3 30 the criteria that shall be used by licensed practitioners or 3 31 primary instructors to approve or deny certification that 3 32 a need exists for a license. The decision of the licensed 3 33 practitioner or primary instructor is final. The bill 3 34 prohibits the driver's license from being issued for purposes 3 35 of attending a place of private instruction that is not within 4 1 the school district of residence of the parent or guardian of 4 2 the student or a district which is contiguous to the district 4 3 of residence of the parent or guardian of the student. 4 4 Under Code section 321.191, the fee for the license is 4 5 $8. A violation of the license restrictions is punishable by 4 6 a scheduled fine in the amount of $50. Under Code section 4 7 321.482A, if the violation causes a serious injury, a court 4 8 could impose an additional fine of $500 or suspend the 4 9 student's license for not more than 90 days, or both. If the 4 10 violation causes a death, a court could impose an additional 4 11 fine of $1,000 or suspend the student's license for not more 4 12 than 180 days, or both. LSB 5051XS (2) 86 ns/nh
