Senate Study Bill 3108 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BROWN) A BILL FOR An Act relating to special minor’s driver’s licenses, including 1 applications certified by the department of transportation 2 and authorized use by students who receive competent private 3 instruction or independent private instruction, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5677XC (3) 89 th/ns

S.F. _____ Section 1. Section 321.194, subsection 1, paragraph c, Code 1 2022, is amended to read as follows: 2 c. The person’s school person has certified to the 3 department that the person has a special need for the license 4 pursuant to subsection 3 . 5 Sec. 2. Section 321.194, subsection 2, paragraph a, Code 6 2022, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (03) If the licensee receives competent 8 private instruction or independent private instruction, as 9 those terms are defined in section 299A.1, the licensee may 10 operate a motor vehicle during the hours of 5:00 a.m. to 11 10:00 p.m. over the most direct and accessible route between 12 the licensee’s residence and the location where the licensee 13 receives instruction pursuant to chapter 299A, provided 14 the driving distance between the point of origin and the 15 destination is no more than fifty miles. 16 Sec. 3. Section 321.194, subsection 2, paragraph a, 17 subparagraph (4), Code 2022, is amended to read as follows: 18 (4) To a service station for the purpose of refueling, so 19 long as the service station is the station closest to the route 20 on which the licensee is traveling under subparagraph (1), (2), 21 or (3) this paragraph . 22 Sec. 4. Section 321.194, subsection 3, paragraph a, 23 unnumbered paragraph 1, Code 2022, is amended to read as 24 follows: 25 Each application shall be accompanied by a statement of 26 necessity from the applicant’s school of enrollment applicant . 27 The statement shall be upon a form provided by the department 28 and shall certify that a need exists for the license and that 29 the person signing the statement is not responsible for actions 30 of the applicant which pertain to the use of the driver’s 31 license . 32 Sec. 5. Section 321.194, subsection 3, paragraph a, 33 subparagraphs (1) and (2), Code 2022, are amended by striking 34 the subparagraphs. 35 -1- LSB 5677XC (3) 89 th/ns 1/ 4

S.F. _____ Sec. 6. Section 321.194, subsection 3, paragraphs b, c, and 1 d, Code 2022, are amended to read as follows: 2 b. Upon receipt of a statement of necessity, the department 3 shall determine whether the license is necessary and, if so, 4 shall issue the driver’s license provided the applicant is 5 otherwise eligible for issuance of the license. The fact that 6 the applicant resides at a distance less than one mile from the 7 applicant’s school of enrollment or location of instruction 8 under chapter 299A is prima facie evidence of the nonexistence 9 of necessity for the issuance of a license. However, the 10 distance between the applicant’s residence and school of 11 enrollment shall not be considered if the applicant resides on 12 a farm or is employed for compensation on a farm. 13 c. The school department shall develop and adopt a policy 14 adopt rules pursuant to chapter 17A establishing the criteria 15 that the school shall use to approve or deny certification 16 that a need exists for a license. If the school is a public 17 school, the policy shall be developed and adopted by the school 18 board. If the school is an accredited nonpublic school, the 19 policy shall be developed and adopted according to procedures 20 determined by the authorities in charge of the accredited 21 nonpublic school. 22 d. A student enrolled in a public school An applicant may 23 appeal to the school board the decision of a school district 24 administrator the department to deny certification to the 25 director. The director’s decision is a final agency action, 26 and is subject to judicial review as provided in chapter 17A . 27 A student enrolled in an accredited nonpublic school may appeal 28 the school’s decision to deny certification as permitted by the 29 authorities in charge of the accredited nonpublic school. The 30 decision of the school board or authorities in charge of the 31 accredited nonpublic school is final. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -2- LSB 5677XC (3) 89 th/ns 2/ 4

S.F. _____ Under current law, an application for a special minor’s 1 driver’s license must be accompanied by a statement from the 2 applicant’s school of enrollment. The statement must certify 3 that a need exists for the license and that the person signing 4 the statement is not responsible for actions of the applicant 5 which pertain to the applicant’s use of the license. If the 6 applicant attends a public school, the certification must be 7 made by the school board, superintendent of the applicant’s 8 school, or principal, if authorized by the superintendent. 9 If the applicant attends an accredited nonpublic school, the 10 certification must be made by the authorities in charge of the 11 accredited nonpublic school or a duly authorized representative 12 of the authorities. 13 The school must develop and adopt a policy establishing the 14 criteria that the school uses to approve or deny certification 15 that a need exists for a license. If the school is a public 16 school, the policy must be developed and adopted by the school 17 board. If the school is an accredited nonpublic school, the 18 policy must be developed and adopted according to procedures 19 determined by the authorities in charge of the accredited 20 nonpublic school. 21 The fact that an applicant resides at a distance less 22 than one mile from the applicant’s school of enrollment is 23 prima facie evidence of the nonexistence of necessity for 24 the issuance of the license. However, the distance between 25 the applicant’s residence and school of enrollment cannot be 26 considered if the applicant resides on a farm or is employed 27 for compensation on a farm. 28 The department of transportation (DOT) is required to issue 29 the license to the applicant upon receipt of a statement of 30 necessity, provided the applicant is otherwise eligible for 31 issuance of the license. A student enrolled in a public school 32 may appeal an adverse decision to the school board. A student 33 enrolled in an accredited nonpublic school may appeal an 34 adverse decision as permitted by the authorities in charge of 35 -3- LSB 5677XC (3) 89 th/ns 3/ 4

S.F. _____ the accredited nonpublic school. The decision of the school 1 board or authorities in charge of the accredited nonpublic 2 school is final. 3 This bill requires an applicant to submit a statement of 4 need to the DOT and requires the DOT to determine whether the 5 license is necessary. The DOT must adopt rules establishing 6 the criteria to approve or deny certification that a need 7 exists for a license. An applicant may appeal an adverse 8 decision of the DOT to the DOT director, whose decision is 9 subject to judicial review pursuant to Code chapter 17A. 10 The bill allows a person holding a special minor’s driver’s 11 license who receives competent private instruction or 12 independent private instruction in accordance with Code chapter 13 299A to operate a motor vehicle during the hours of 5:00 a.m. 14 to 10:00 p.m. over the most direct and accessible route between 15 the licensee’s residence and the location where the licensee 16 receives instruction, provided the driving distance between the 17 point of origin and the destination is no more than 50 miles. 18 A violation of Code section 321.194 is punishable by a 19 scheduled fine of $70. 20 -4- LSB 5677XC (3) 89 th/ns 4/ 4