Iowa-2015-SF2118-Introduced
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 need by the school board,
1 4 superintendent of the applicant's school, or principal, if
1 5 authorized by the superintendent pursuant 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, or principal, 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, or principal 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