S.F. 2118 Section 1. Section 321.194, subsection 1, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 Upon certification of a special need by the school board, 3 superintendent of the applicant’s school, or principal, if 4 authorized by the superintendent pursuant to paragraph “c” , 5 the department may issue a class C or M driver’s license to 6 a person between the ages of fourteen and eighteen years 7 whose driving privileges have not been suspended, revoked, 8 or barred under this chapter or chapter 321J during, and 9 who has not been convicted of a moving traffic violation or 10 involved in a motor vehicle accident for, the six-month period 11 immediately preceding the application for the special minor’s 12 license and who has successfully completed an approved driver 13 education course. However, the completion of a course is not 14 required if the applicant demonstrates to the satisfaction 15 of the department that completion of the course would impose 16 a hardship upon the applicant. The department shall adopt 17 rules defining the term “hardship” and establish procedures for 18 the demonstration and determination of when completion of the 19 course would impose a hardship upon an applicant. 20 Sec. 2. Section 321.194, subsection 1, paragraph a, 21 subparagraph (1), Code 2016, is amended to read as follows: 22 (1) During the hours of 5:00 a.m. to 10:00 p.m. over 23 the most direct and accessible route between the licensee’s 24 residence and schools of enrollment or places of private 25 instruction in accordance with chapter 299A, or the closest 26 school bus stop or public transportation service, and between 27 schools of enrollment or places of private instruction , for 28 the purpose of attending duly scheduled courses of instruction 29 and extracurricular activities within the licensee’s school 30 district or related to the licensee’s private instruction, as 31 applicable . 32 Sec. 3. Section 321.194, subsection 1, paragraph c, Code 33 2016, is amended to read as follows: 34 c. Each application shall be accompanied by a statement from 35 -1- LSB 5051XS (2) 86 ns/nh 1/ 4

S.F. 2118 the school board, superintendent, or principal, if authorized 1 by the superintendent, of the applicant’s school , or if the 2 applicant attends competent private instruction or independent 3 private instruction in accordance with chapter 299A, from the 4 licensed practitioner or primary instructor of the applicant . 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, licensed practitioner, or primary 8 instructor shall certify that a need exists for the license and 9 that the board, superintendent, or principal authorized by the 10 superintendent , licensed practitioner, or primary instructor is 11 not responsible for actions of the applicant which pertain to 12 the use of the driver’s license. Upon receipt of a statement 13 of necessity, the department shall issue the driver’s license. 14 The fact that the applicant resides at a distance less than 15 one mile from the applicant’s school of enrollment or place of 16 private instruction is prima facie evidence of the nonexistence 17 of necessity for the issuance of a license. The school board 18 shall develop and adopt a policy establishing the criteria 19 that shall be used by a school district administrator to 20 approve or deny certification that a need exists for a license. 21 The student may appeal to the school board the decision of 22 a school district administrator to deny certification. The 23 decision of the school board is final. The department shall 24 adopt rules establishing the criteria that shall be used by 25 licensed practitioners and primary instructors to approve or 26 deny certification that a need exists for a license. The 27 decision of the licensed practitioner or primary instructor is 28 final. The driver’s license shall not be issued for purposes 29 of attending a place of private instruction that is not within 30 the school district of residence of the parent or guardian 31 of the student or within a district which is contiguous to 32 the district of residence of the parent or guardian of the 33 student. The driver’s license shall not be issued for purposes 34 of attending a public school in a school district other than 35 -2- LSB 5051XS (2) 86 ns/nh 2/ 4

S.F. 2118 either of the following: 1 (1) The district of residence of the parent or guardian of 2 the student. 3 (2) A district which is contiguous to the district of 4 residence of the parent or guardian of the student, if the 5 student is enrolled in the public school which is not the 6 school district of residence because of open enrollment under 7 section 282.18 or as a result of an election by the student’s 8 district of residence to enter into one or more sharing 9 agreements pursuant to the procedures in chapter 282 . 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides for the issuance of special minor’s 14 driver’s licenses to students who attend competent private 15 instruction or independent private instruction pursuant to 16 Code chapter 299A. Upon certification of a special need by 17 a student’s licensed practitioner or primary instructor, the 18 department of transportation (DOT) may issue a class C or M 19 driver’s license to the student. In addition to the allowances 20 currently provided for by the license, the bill provides 21 that the student may operate the vehicle during the hours of 22 5:00 a.m. to 10:00 p.m. over the most direct and accessible 23 route between the student’s residence and places of private 24 instruction, or the closest public transportation service 25 station, and between places of private instruction, for the 26 purpose of attending duly scheduled courses of instruction and 27 extracurricular activities related to the private instruction. 28 The bill requires the DOT to adopt rules establishing 29 the criteria that shall be used by licensed practitioners or 30 primary instructors to approve or deny certification that 31 a need exists for a license. The decision of the licensed 32 practitioner or primary instructor is final. The bill 33 prohibits the driver’s license from being issued for purposes 34 of attending a place of private instruction that is not within 35 -3- LSB 5051XS (2) 86 ns/nh 3/ 4

S.F. 2118 the school district of residence of the parent or guardian of 1 the student or a district which is contiguous to the district 2 of residence of the parent or guardian of the student. 3 Under Code section 321.191, the fee for the license is 4 $8. A violation of the license restrictions is punishable by 5 a scheduled fine in the amount of $50. Under Code section 6 321.482A, if the violation causes a serious injury, a court 7 could impose an additional fine of $500 or suspend the 8 student’s license for not more than 90 days, or both. If the 9 violation causes a death, a court could impose an additional 10 fine of $1,000 or suspend the student’s license for not more 11 than 180 days, or both. 12 -4- LSB 5051XS (2) 86 ns/nh 4/ 4