Bill Text: IA HF8 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to special minors' driver's licenses for minors with parents or guardians who have separate residences and who share physical custody of the minor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-20 - Subcommittee, Mommsen, Finkenauer, and Hanusa. H.J. 123. [HF8 Detail]
Download: Iowa-2015-HF8-Introduced.html
House File 8 - Introduced HOUSE FILE BY L. MILLER A BILL FOR 1 An Act relating to special minors' driver's licenses for minors 2 with parents or guardians who have separate residences and 3 who share physical custody of the minor. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1381YH (3) 86 ns/nh PAG LIN 1 1 Section 1. Section 321.194, subsection 1, paragraph c, Code 1 2 2015, is amended to read as follows: 1 3 c. Each application shall be accompanied by a statement 1 4 from the school board, superintendent, or principal, if 1 5 authorized by the superintendent, of the applicant's school. 1 6 The statement shall be upon a form provided by the department. 1 7 The school board, superintendent, or principal, if authorized 1 8 by the superintendent, shall certify that a need exists for 1 9 the license and that the board, superintendent, or principal 1 10 authorized by the superintendent is not responsible for actions 1 11 of the applicant which pertain to the use of the driver's 1 12 license. Upon receipt of a statement of necessity, the 1 13 department shall issue the driver's license. The fact that the 1 14 applicant resides at a distance less than one mile from the 1 15 applicant's school of enrollment is prima facie evidence of 1 16 the nonexistence of necessity for the issuance of a license. 1 17 However, if the applicant's parents or guardians have separate 1 18 residences and share physical custody of the applicant, the 1 19 fact that one of the residences is less than one mile from 1 20 the applicant's school of enrollment is not prima facie 1 21 evidence of the nonexistence of necessity for the issuance 1 22 of a license. The school board shall develop and adopt a 1 23 policy establishing the criteria that shall be used by a school 1 24 district administrator to approve or deny certification that 1 25 a need exists for a license. The student may appeal to the 1 26 school board the decision of a school district administrator 1 27 to deny certification. The decision of the school board is 1 28 final. The driver's license shall not be issued for purposes 1 29 of attending a public school in a school district other than 1 30 either of the following: 1 31 (1) The district of residence of the parent or guardian of 1 32 the student. 1 33 (2) A district which is contiguous to the district of 1 34 residence of the parent or guardian of the student, if the 1 35 student is enrolled in the public school which is not the 2 1 school district of residence because of open enrollment under 2 2 section 282.18 or as a result of an election by the student's 2 3 district of residence to enter into one or more sharing 2 4 agreements pursuant to the procedures in chapter 282. 2 5 Sec. 2. Section 321.194, subsection 1, Code 2015, is amended 2 6 by adding the following new paragraph: 2 7 NEW PARAGRAPH. e. For the purposes of this subsection: 2 8 (1) "District of residence of the parent or guardian of the 2 9 student" refers to all of the districts of residence in which 2 10 one or more of the student's parents or guardians reside. 2 11 "District of residence of the parent or guardian of the student" 2 12 may refer to more than one district of residence where the 2 13 student's parents or guardians have separate residences and 2 14 share physical custody of the student. 2 15 (2) "Licensee's residence" refers to all of the residences 2 16 at which the licensee resides with one or more of the 2 17 licensee's parents or guardians. "Licensee's residence" may 2 18 refer to more than one residence where the licensee's parents 2 19 or guardians have separate residences and share physical 2 20 custody of the licensee. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 This bill relates to special minors' driver's licenses for 2 25 minors with parents who have separate residences and share 2 26 physical custody of the minor. 2 27 Under current law, the fact that the minor resides at a 2 28 distance less than one mile from the minor's school is prima 2 29 facie evidence of the nonexistence of necessity for the 2 30 issuance of a license. The bill establishes that, if the 2 31 minor's parents or guardians have separate residences and 2 32 share physical custody of the minor, the fact that one of the 2 33 residences is less than one mile from the minor's school of 2 34 enrollment is not prima facie evidence of the nonexistence of 2 35 necessity for the issuance of a license. 3 1 Current law provides that the license allows a minor to 3 2 travel between the minor's residence and the minor's school, 3 3 among certain other places. 3 4 The bill provides that a minor may travel between the minor's 3 5 school and all of the residences at which the minor resides 3 6 with one or more of the minor's parents or guardians. A minor 3 7 may have more than one residence where the minor's parents or 3 8 guardians have separate residences and share physical custody 3 9 of the minor. 3 10 The bill provides that a minor is eligible for a license 3 11 while attending a public school in any of the districts of 3 12 residence in which one or more of the minor's parents or 3 13 guardians reside. A minor may have more than one district of 3 14 residence where the minor's parents or guardians have separate 3 15 residences and share physical custody of the minor. LSB 1381YH (3) 86 ns/nh
