SSB 3108 (LSB 5677XC (3) 89)

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 applications certified by the department of transportation and authorized use by students who receive competent private instruction or independent private instruction, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.194, subsection 1, paragraph c, Code 2022, is amended to read as follows:
   c.  The person’s school person has certified to the department that the person has a special need for the license pursuant to subsection 3.
    Sec. 2.  Section 321.194, subsection 2, paragraph a, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (03)  If the licensee receives competent private instruction or independent private instruction, as those terms are defined in section 299A.1, the licensee may operate a motor vehicle during the hours of 5:00 a.m. to 10:00 p.m. over the most direct and accessible route between the licensee’s residence and the location where the licensee receives instruction pursuant to chapter 299A, provided the driving distance between the point of origin and the destination is no more than fifty miles.
    Sec. 3.  Section 321.194, subsection 2, paragraph a, subparagraph (4), Code 2022, is amended to read as follows:
   (4)  To a service station for the purpose of refueling, so long as the service station is the station closest to the route on which the licensee is traveling under subparagraph (1), (2), or (3) this paragraph.
    Sec. 4.  Section 321.194, subsection 3, paragraph a, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   Each application shall be accompanied by a statement of necessity from the applicant’s school of enrollment applicant. The statement shall be upon a form provided by the department and shall certify that a need exists for the license and that the person signing the statement is not responsible for actions of the applicant which pertain to the use of the driver’s license.
    Sec. 5.  Section 321.194, subsection 3, paragraph a, subparagraphs (1) and (2), Code 2022, are amended by striking the subparagraphs.
    Sec. 6.  Section 321.194, subsection 3, paragraphs b, c, and d, Code 2022, are amended to read as follows:
   b.  Upon receipt of a statement of necessity, the department shall determine whether the license is necessary and, if so, shall issue the driver’s license provided the applicant is otherwise eligible for issuance of the license. The fact that the applicant resides at a distance less than one mile from the applicant’s school of enrollment or location of instruction under chapter 299A is prima facie evidence of the nonexistence of necessity for the issuance of a license. However, the distance between the applicant’s residence and school of enrollment shall not be considered if the applicant resides on a farm or is employed for compensation on a farm.
   c.  The school department shall develop and adopt a policy adopt rules pursuant to chapter 17A establishing the criteria that the school shall use to approve or deny certification that a need exists for a license. If the school is a public school, the policy shall be developed and adopted by the school board. If the school is an accredited nonpublic school, the policy shall be developed and adopted according to procedures determined by the authorities in charge of the accredited nonpublic school.
   d.  A student enrolled in a public school An applicant may appeal to the school board the decision of a school district administrator the department to deny certification to the director. The director’s decision is a final agency action, and is subject to judicial review as provided in chapter 17A.  A student enrolled in an accredited nonpublic school may appeal the school’s decision to deny certification as permitted by the authorities in charge of the accredited nonpublic school. The decision of the school board or authorities in charge of the accredited nonpublic school is final.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, an application for a special minor’s driver’s license must be accompanied by a statement from the applicant’s school of enrollment. The statement must certify that a need exists for the license and that the person signing the statement is not responsible for actions of the applicant which pertain to the applicant’s use of the license. If the applicant attends a public school, the certification must be made by the school board, superintendent of the applicant’s school, or principal, if authorized by the superintendent. If the applicant attends an accredited nonpublic school, the certification must be made by the authorities in charge of the accredited nonpublic school or a duly authorized representative of the authorities. 
   The school must develop and adopt a policy establishing the criteria that the school uses to approve or deny certification that a need exists for a license. If the school is a public school, the policy must be developed and adopted by the school board. If the school is an accredited nonpublic school, the policy must be developed and adopted according to procedures determined by the authorities in charge of the accredited nonpublic school.
   The fact that an applicant resides at a distance less than one mile from the applicant’s school of enrollment is prima facie evidence of the nonexistence of necessity for the issuance of the license. However, the distance between the applicant’s residence and school of enrollment cannot be considered if the applicant resides on a farm or is employed for compensation on a farm.
   The department of transportation (DOT) is required to issue the license to the applicant upon receipt of a statement of necessity, provided the applicant is otherwise eligible for issuance of the license. A student enrolled in a public school may appeal an adverse decision to the school board. A student enrolled in an accredited nonpublic school may appeal an adverse decision as permitted by the authorities in charge of the accredited nonpublic school. The decision of the school board or authorities in charge of the accredited nonpublic school is final. 
   This bill requires an applicant to submit a statement of need to the DOT and requires the DOT to determine whether the license is necessary. The DOT must adopt rules establishing the criteria to approve or deny certification that a need exists for a license. An applicant may appeal an adverse decision of the DOT to the DOT director, whose decision is subject to judicial review pursuant to Code chapter 17A.
   The bill allows a person holding a special minor’s driver’s license who receives competent private instruction or independent private instruction in accordance with Code chapter 299A to operate a motor vehicle during the hours of 5:00 a.m. to 10:00 p.m. over the most direct and accessible route between the licensee’s residence and the location where the licensee receives instruction, provided the driving distance between the point of origin and the destination is no more than 50 miles.
   A violation of Code section 321.194 is punishable by a scheduled fine of $70.