HF 2234 (LSB 6081YH (2) 90)

HOUSE FILE 2234

BY  GUSTOFF

A BILL FOR

An Act relating to special minor’s driver’s licenses of 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 2024, is amended to read as follows:
   c.  The person’s school or primary instructor, as applicable, 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 2024, 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, and to a public school or accredited nonpublic school for the purpose of attending classes or extracurricular activities, regardless of whether the licensee is enrolled at the school, 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 2024, 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, Code 2024, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  If the applicant receives competent private instruction or independent private instruction, as those terms are defined in section 299A.1, the certification must be made by the applicant’s primary instructor.
    Sec. 5.  Section 321.194, subsection 3, paragraph b, Code 2024, is amended to read as follows:
   b.  Upon receipt of a statement of necessity, the department 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 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 receives competent private instruction or independent private instruction, as those terms are defined in section 299A.1, resides on a farm, or is employed for compensation on a farm.
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.
   This 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, and to a public school or accredited nonpublic school for the purpose of attending classes or extracurricular activities, regardless of whether the licensee is enrolled at the school, provided the driving distance between the point of origin and the destination is no more than 50 miles.
   The bill requires the primary instructor of a person who receives competent private instruction or independent private instruction in accordance with Code chapter 299A, rather than the person’s school, to submit the certification to the DOT. The presumption of the nonexistence of necessity for the issuance of a license does not apply to such a student under the bill.
   A violation of Code section 321.194 is punishable by a scheduled fine of $70.