Senate Amendment to House File 2494 H-8455 Amend House File 2494, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 6, after line 25 by inserting: 3 < DIVISION ___ 4 SPECIAL MINOR’S LICENSES 5 Sec. ___. Section 321.194, subsection 1, Code 2018, is 6 amended to read as follows: 7 1. Persons eligible. Upon certification of a special need 8 by the school board, superintendent of the applicant’s school, 9 or principal, if authorized by the superintendent, the The 10 department may issue a class C or M driver’s license to a 11 person between the ages of fourteen and eighteen years if all 12 of the following apply: 13 a. The person’s driving privileges have not been suspended, 14 revoked, or barred under this chapter or chapter 321J during, 15 and the person has not been convicted of a moving traffic 16 violation or involved in a motor vehicle accident for, the 17 six-month period immediately preceding the application for the 18 special minor’s license. 19 b. The person has successfully completed an approved driver 20 education course. However, the completion of a course is not 21 required if the applicant demonstrates to the satisfaction 22 of the department that completion of the course would impose 23 a hardship upon the applicant. The department shall adopt 24 rules defining the term “hardship” and establish procedures for 25 the demonstration and determination of when completion of the 26 course would impose a hardship upon an applicant. 27 c. The person’s school has certified to the department 28 that the person has a special need for the license pursuant to 29 subsection 3. 30 Sec. ___. Section 321.194, subsection 2, paragraph a, Code 31 2018, is amended to read as follows: 32 a. Permitted operations. The driver’s license entitles 33 the holder licensee , while having the license in immediate 34 possession, to operate a motor vehicle , other than a commercial 35 -1- HF2494.5539.S (1) 87 jh 1/ 5 #1.

motor vehicle or as a chauffeur : , during the times and for the 1 purposes set forth in this paragraph. 2 (1) If the licensee attends a public school, the licensee 3 may operate a motor vehicle during the hours of 5:00 a.m. to 4 10:00 p.m. as follows: 5 (a) During the hours of 5:00 a.m. to 10:00 p.m. over Over 6 the most direct and accessible route between the licensee’s 7 residence and schools of enrollment or the closest school bus 8 stop or public transportation service, and between schools of 9 enrollment, for the purpose of attending duly scheduled courses 10 of instruction and extracurricular activities within the school 11 district of enrollment. 12 (2) (b) During the hours of 5:00 a.m. to 10:00 p.m. 13 over Over the most direct and accessible route between the 14 licensee’s residence or school of enrollment and a site, 15 facility, or school that is not the licensee’s school of 16 enrollment , for the purpose of participating in extracurricular 17 activities conducted under a sharing agreement with the 18 licensee’s school of enrollment or conducted at a site , or 19 facility , or school designated by the licensee’s school 20 district for the accommodation of the school’s extracurricular 21 activities, provided the site, facility, or school is within 22 the licensee’s school district of enrollment or is within a 23 school district contiguous to the licensee’s school district 24 of enrollment. 25 (2) If the licensee attends an accredited nonpublic school, 26 the licensee may operate a motor vehicle during the hours of 27 5:00 a.m. to 10:00 p.m. as follows: 28 (a) Over the most direct and accessible route between 29 the licensee’s residence and schools of enrollment or the 30 closest school bus stop or public transportation service, and 31 between schools of enrollment, for the purpose of attending 32 duly scheduled courses of instruction and extracurricular 33 activities, provided the driving distance between the point of 34 origin and the destination is no more than twenty-five miles. 35 -2- HF2494.5539.S (1) 87 jh 2/ 5

(b) Over the most direct and accessible route between 1 the licensee’s residence or school of enrollment and a site, 2 facility, or school that is not the licensee’s school of 3 enrollment, for the purpose of participating in extracurricular 4 activities conducted at a site, facility, or school designated 5 by the licensee’s school of enrollment for the accommodation of 6 the school’s extracurricular activities, provided the driving 7 distance between the point of origin and the destination is no 8 more than twenty-five miles. 9 (3) To a service station for the purpose of refueling, so 10 long as the service station is the station closest to the route 11 on which the licensee is traveling on under subparagraph (1) 12 or (2). 13 (4) At any time when the licensee is accompanied in 14 accordance with section 321.180B, subsection 1 . 15 Sec. ___. Section 321.194, subsection 3, Code 2018, is 16 amended to read as follows: 17 3. Certification of need and issuance of license. 18 a. Each application shall be accompanied by a statement from 19 the school board, superintendent, or principal, if authorized 20 by the superintendent, of the applicant’s school of enrollment . 21 The statement shall be upon a form provided by the department . 22 The school board, superintendent, or principal, if authorized 23 by the superintendent, and shall certify that a need exists for 24 the license and that the board, superintendent, or principal 25 authorized by the superintendent person signing the statement 26 is not responsible for actions of the applicant which pertain 27 to the use of the driver’s license. 28 (1) If the applicant attends a public school, the 29 certification shall be made by the school board, superintendent 30 of the applicant’s school, or principal, if authorized by the 31 superintendent. 32 (2) If the applicant attends an accredited nonpublic 33 school, the certification shall be made by the authorities in 34 charge of the accredited nonpublic school or a duly authorized 35 -3- HF2494.5539.S (1) 87 jh 3/ 5

representative of the authorities. 1 b. Upon receipt of a statement of necessity, the department 2 shall issue the driver’s license provided the applicant is 3 otherwise eligible for issuance of the license. The fact that 4 the applicant resides at a distance less than one mile from the 5 applicant’s school of enrollment is prima facie evidence of the 6 nonexistence of necessity for the issuance of a license. 7 c. The school board shall develop and adopt a policy 8 establishing the criteria that the school shall be used 9 by a school district administrator use to approve or deny 10 certification that a need exists for a license. If the school 11 is a public school, the policy shall be developed and adopted 12 by the school board. If the school is an accredited nonpublic 13 school, the policy shall be developed and adopted according 14 to procedures determined by the authorities in charge of the 15 accredited nonpublic school. 16 d. The A student enrolled in a public school may appeal 17 to the school board the decision of a school district 18 administrator to deny certification. A student enrolled in an 19 accredited nonpublic school may appeal the school’s decision to 20 deny certification as permitted by the authorities in charge of 21 the accredited nonpublic school. The decision of the school 22 board or authorities in charge of the accredited nonpublic 23 school is final. 24 e. The driver’s license shall not be issued for purposes 25 of attending a public school in a school district other than 26 either of the following: 27 a. (1) The district of residence of the parent or guardian 28 of the student. 29 b. (2) A district which is contiguous to the district of 30 residence of the parent or guardian of the student, if the 31 student is enrolled in the public school which is not the 32 school district of residence because of open enrollment under 33 section 282.18 or as a result of an election by the student’s 34 district of residence to enter into one or more sharing 35 -4- HF2494.5539.S (1) 87 jh 4/ 5

agreements pursuant to the procedures in chapter 282 . 1 f. The driver’s license shall not be issued for purposes 2 of attending an accredited nonpublic school if the driving 3 distance between the school and the residence of the parent or 4 guardian of the student is more than twenty-five miles. > 5 2. By renumbering as necessary. 6 -5- HF2494.5539.S (1) 87 jh 5/ 5