House File 8 - Introduced HOUSE FILE 8 BY L. MILLER A BILL FOR An Act relating to special minors’ driver’s licenses for minors 1 with parents or guardians who have separate residences and 2 who share physical custody of the minor. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1381YH (3) 86 ns/nh

H.F. 8 Section 1. Section 321.194, subsection 1, paragraph c, Code 1 2015, is amended to read as follows: 2 c. Each application shall be accompanied by a statement 3 from the school board, superintendent, or principal, if 4 authorized by the superintendent, of the applicant’s school. 5 The statement shall be upon a form provided by the department. 6 The school board, superintendent, or principal, if authorized 7 by the superintendent, shall certify that a need exists for 8 the license and that the board, superintendent, or principal 9 authorized by the superintendent is not responsible for actions 10 of the applicant which pertain to the use of the driver’s 11 license. Upon receipt of a statement of necessity, the 12 department shall issue the driver’s license. The fact that the 13 applicant resides at a distance less than one mile from the 14 applicant’s school of enrollment is prima facie evidence of 15 the nonexistence of necessity for the issuance of a license. 16 However, if the applicant’s parents or guardians have separate 17 residences and share physical custody of the applicant, the 18 fact that one of the residences is less than one mile from 19 the applicant’s school of enrollment is not prima facie 20 evidence of the nonexistence of necessity for the issuance 21 of a license. The school board shall develop and adopt a 22 policy establishing the criteria that shall be used by a school 23 district administrator to approve or deny certification that 24 a need exists for a license. The student may appeal to the 25 school board the decision of a school district administrator 26 to deny certification. The decision of the school board is 27 final. The driver’s license shall not be issued for purposes 28 of attending a public school in a school district other than 29 either of the following: 30 (1) The district of residence of the parent or guardian of 31 the student. 32 (2) A district which is contiguous to the district of 33 residence of the parent or guardian of the student, if the 34 student is enrolled in the public school which is not the 35 -1- LSB 1381YH (3) 86 ns/nh 1/ 3

H.F. 8 school district of residence because of open enrollment under 1 section 282.18 or as a result of an election by the student’s 2 district of residence to enter into one or more sharing 3 agreements pursuant to the procedures in chapter 282 . 4 Sec. 2. Section 321.194, subsection 1, Code 2015, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . e. For the purposes of this subsection: 7 (1) “District of residence of the parent or guardian of the 8 student” refers to all of the districts of residence in which 9 one or more of the student’s parents or guardians reside. 10 “District of residence of the parent or guardian of the student” 11 may refer to more than one district of residence where the 12 student’s parents or guardians have separate residences and 13 share physical custody of the student. 14 (2) “Licensee’s residence” refers to all of the residences 15 at which the licensee resides with one or more of the 16 licensee’s parents or guardians. “Licensee’s residence” may 17 refer to more than one residence where the licensee’s parents 18 or guardians have separate residences and share physical 19 custody of the licensee. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to special minors’ driver’s licenses for 24 minors with parents who have separate residences and share 25 physical custody of the minor. 26 Under current law, the fact that the minor resides at a 27 distance less than one mile from the minor’s school is prima 28 facie evidence of the nonexistence of necessity for the 29 issuance of a license. The bill establishes that, if the 30 minor’s parents or guardians have separate residences and 31 share physical custody of the minor, the fact that one of the 32 residences is less than one mile from the minor’s school of 33 enrollment is not prima facie evidence of the nonexistence of 34 necessity for the issuance of a license. 35 -2- LSB 1381YH (3) 86 ns/nh 2/ 3

H.F. 8 Current law provides that the license allows a minor to 1 travel between the minor’s residence and the minor’s school, 2 among certain other places. 3 The bill provides that a minor may travel between the minor’s 4 school and all of the residences at which the minor resides 5 with one or more of the minor’s parents or guardians. A minor 6 may have more than one residence where the minor’s parents or 7 guardians have separate residences and share physical custody 8 of the minor. 9 The bill provides that a minor is eligible for a license 10 while attending a public school in any of the districts of 11 residence in which one or more of the minor’s parents or 12 guardians reside. A minor may have more than one district of 13 residence where the minor’s parents or guardians have separate 14 residences and share physical custody of the minor. 15 -3- LSB 1381YH (3) 86 ns/nh 3/ 3