House
File
2494
S-5258
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
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#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
,
19
or
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.
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(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
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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
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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
______________________________
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JOHNSON
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