House File 2437 H-8133 Amend House File 2437 as follows: 1 1. Page 5, by striking lines 22 through 31 and 2 inserting: 3 < Sec. ___. Section 321.194, Code 2016, is amended 4 to read as follows: 5 321.194 Special minors’ licenses. 6 1. Driver’s license issued for travel to and from 7 school Persons eligible . Upon certification of a 8 special need by the school board, superintendent of 9 the applicant’s school, or principal, if authorized by 10 the superintendent, the department may issue a class 11 C or M driver’s license to a person between the ages 12 of fourteen and eighteen years whose if all of the 13 following apply: 14 a. The person’s driving privileges have not been 15 suspended, revoked, or barred under this chapter or 16 chapter 321J during, and who the person has not been 17 convicted of a moving traffic violation or involved 18 in a motor vehicle accident for, the six-month period 19 immediately preceding the application for the special 20 minor’s license and who . 21 b. The person has successfully completed an 22 approved driver education course. However, the 23 completion of a course is not required if the applicant 24 demonstrates to the satisfaction of the department 25 that completion of the course would impose a hardship 26 upon the applicant. The department shall adopt rules 27 defining the term “hardship” and establish procedures 28 for the demonstration and determination of when 29 completion of the course would impose a hardship upon 30 an applicant. 31 2. Driving privileges. 32 a. Permitted operations. The driver’s license 33 entitles the holder, while having the license in 34 immediate possession, to operate a motor vehicle other 35 -1- HF2437.3142 (1) 86 ns/nh 1/ 6 #1.

than a commercial motor vehicle or as a chauffeur: 1 (1) During the hours of 5:00 a.m. to 10:00 p.m. 2 over the most direct and accessible route between the 3 licensee’s residence and schools of enrollment or 4 the closest school bus stop or public transportation 5 service, and between schools of enrollment, for 6 the purpose of attending duly scheduled courses of 7 instruction and extracurricular activities within the 8 school district of enrollment . 9 (2) During the hours of 5:00 a.m. to 10:00 p.m. 10 over the most direct and accessible route between the 11 licensee’s residence or school of enrollment and a 12 site, facility, or school that is not the student’s 13 licensee’s school of enrollment for the purpose of 14 participating in extracurricular activities conducted 15 under a sharing agreement with the student’s licensee’s 16 school of enrollment or conducted at a site or facility 17 designated by the licensee’s school district for 18 the accommodation of the school’s extracurricular 19 activities, provided the site, facility, or school is 20 within the licensee’s school district of enrollment 21 or is within a school district contiguous to the 22 licensee’s school district of enrollment . 23 (3) To a service station for the purpose of 24 refueling, so long as the service station is the 25 station closest to the route the licensee is traveling 26 on under subparagraph (1) or (2). 27 (4) At any time when the licensee is accompanied in 28 accordance with section 321.180B, subsection 1 . 29 b. Restrictions. 30 (1) Passengers. Unless accompanied in accordance 31 with section 321.180B, subsection 1 , a person issued 32 a driver’s license pursuant to this section must 33 limit the number of unrelated minor passengers in 34 the motor vehicle when the licensee is operating the 35 -2- HF2437.3142 (1) 86 ns/nh 2/ 6

motor vehicle to one. For purposes of this section , 1 “unrelated minor passenger” means a passenger who is 2 under eighteen years of age and who is not a sibling of 3 the driver, a stepsibling of the driver, or a child who 4 resides in the same household as the driver. 5 (2) Electronic communication devices. A person 6 issued a driver’s license under this section shall not 7 use an electronic communication device or an electronic 8 entertainment device while driving a motor vehicle 9 unless the motor vehicle is at a complete stop off the 10 traveled portion of the roadway. This subparagraph 11 does not apply to the use of electronic equipment which 12 is permanently installed in the motor vehicle or to a 13 portable device which is operated through permanently 14 installed equipment. The department, in cooperation 15 with the department of public safety, shall establish 16 educational programs to foster compliance with the 17 requirements of this subparagraph. 18 c. 3. Certification of need and issuance of 19 license. Each application shall be accompanied by 20 a statement from the school board, superintendent, 21 or principal, if authorized by the superintendent, 22 of the applicant’s school. The statement shall be 23 upon a form provided by the department. The school 24 board, superintendent, or principal, if authorized by 25 the superintendent, shall certify that a need exists 26 for the license and that the board, superintendent, 27 or principal authorized by the superintendent is not 28 responsible for actions of the applicant which pertain 29 to the use of the driver’s license. Upon receipt of a 30 statement of necessity, the department shall issue the 31 driver’s license provided the applicant is otherwise 32 eligible for issuance of the license . The fact that 33 the applicant resides at a distance less than one mile 34 from the applicant’s school of enrollment is prima 35 -3- HF2437.3142 (1) 86 ns/nh 3/ 6

facie evidence of the nonexistence of necessity for 1 the issuance of a license. The school board shall 2 develop and adopt a policy establishing the criteria 3 that shall be used by a school district administrator 4 to approve or deny certification that a need exists for 5 a license. The student may appeal to the school board 6 the decision of a school district administrator to 7 deny certification. The decision of the school board 8 is final. The driver’s license shall not be issued 9 for purposes of attending a public school in a school 10 district other than either of the following: 11 (1) a. The district of residence of the parent or 12 guardian of the student. 13 (2) b. A district which is contiguous to the 14 district of residence of the parent or guardian of 15 the student, if the student is enrolled in the public 16 school which is not the school district of residence 17 because of open enrollment under section 282.18 or as 18 a result of an election by the student’s district of 19 residence to enter into one or more sharing agreements 20 pursuant to the procedures in chapter 282 . 21 d. (1) A person issued a driver’s license under 22 this section shall not use an electronic communication 23 device or an electronic entertainment device while 24 driving a motor vehicle unless the motor vehicle is 25 at a complete stop off the traveled portion of the 26 roadway. This subparagraph does not apply to the use 27 of electronic equipment which is permanently installed 28 in the motor vehicle or to a portable device which is 29 operated through permanently installed equipment. 30 (2) The department, in cooperation with the 31 department of public safety, shall establish 32 educational programs to foster compliance with the 33 requirements of subparagraph (1). 34 2. 4. Suspension and revocation. A driver’s 35 -4- HF2437.3142 (1) 86 ns/nh 4/ 6

license issued under this section is subject to 1 suspension or revocation for the same reasons and 2 in the same manner as suspension or revocation of 3 any other driver’s license. The department may also 4 suspend a driver’s license issued under this section 5 upon receiving satisfactory evidence that the licensee 6 has violated the restrictions of the license or has 7 been involved in one or more accidents chargeable to 8 the licensee. The department may suspend a driver’s 9 license issued under this section upon receiving a 10 record of the licensee’s conviction for one violation. 11 The department shall revoke the license upon receiving 12 a record of conviction for two or more violations of a 13 law of this state or a city ordinance regulating the 14 operation of motor vehicles on highways other than 15 parking violations as defined in section 321.210 . 16 After a person licensed under this section receives two 17 or more convictions which require revocation of the 18 person’s license under this section , the department 19 shall not grant an application for a new driver’s 20 license until the expiration of thirty days. 21 3. 5. Citations for violation of restrictions. A 22 person who violates the restrictions imposed under 23 subsection 1 , paragraph “a” or “d” , 2 may be issued a 24 citation under this section and shall not be issued a 25 citation under section 321.193 . A violation of the 26 restrictions imposed under subsection 1 , paragraph “a” 27 or “d” , 2 shall not be considered a moving violation. 28 Sec. ___. Section 321.482A, unnumbered paragraph 1, 29 Code 2016, is amended to read as follows: 30 Notwithstanding section 321.482 , a person who is 31 convicted of operating a motor vehicle in violation 32 of section 321.178, subsection 2 , paragraph “a” , 33 subparagraph (2), section 321.180B, subsection 6 , 34 section 321.194, subsection 1 2 , paragraph “d” “b” , 35 -5- HF2437.3142 (1) 86 ns/nh 5/ 6

subparagraph (2), section 321.256 , section 321.257 , 1 section 321.275, subsection 4 , section 321.276, 2 321.297 , 321.298 , 321.299 , 321.302 , 321.303 , 321.304 , 3 321.305 , 321.306 , 321.307 , 321.308 , section 321.309, 4 subsection 2 , or section 321.311 , 321.319 , 321.320 , 5 321.321 , 321.322 , 321.323 , 321.324 , 321.324A , 321.327 , 6 321.329 , 321.333 , or 321.372, subsection 3 , causing 7 serious injury to or the death of another person may be 8 subject to the following penalties in addition to the 9 penalty provided for a scheduled violation in section 10 805.8A or any other penalty provided by law: > 11 2. By renumbering as necessary. 12 ______________________________ B. MOORE of Jackson -6- HF2437.3142 (1) 86 ns/nh 6/ 6 #2.