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
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#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
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ns/nh
2/
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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
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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
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ns/nh
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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
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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.