SSB 3108

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. _____ 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. 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 miles.194 is punishable by a scheduled fine of $70.