Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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H-1180

House Amendment 1180
PAG LIN
1 1 Amend House File 589 as follows:

1 2 #1. Page 2, line 6, by inserting after the word

1 3 <year> the following: <or to a school district which

1 4 initially implemented for the school year beginning

1 5 July 1, 2008, a flexible calendar with at least one

1 6 hundred eighty school days scheduled over an

1 7 eleven=month period>.

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1 11 RAECKER of Polk

1 12 HF 589.702 83

1 13 kh/rj/22047

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H-1181


House Amendment 1181
PAG LIN

1 1 Amend House File 732 as follows:

1 2 #1. Page 17, by inserting after line 7 the

1 3 following:

1 4 . NEW SECTION. 321.179 DRIVER EDUCATION

1 5 == TEACHING PARENT.

1 6 1. TEACHING PARENT. As an alternative to the

1 7 driver education requirements under section 321.178, a

1 8 teaching parent may instruct a student in a driver

1 9 education course that meets the requirements of this

1 10 section and provide evidence that the requirements

1 11 under this section have been met.

1 12 2. DEFINITIONS. For purposes of this section:

1 13 a. "Approved course" means driver education

1 14 curriculum approved by the department pursuant to

1 15 rules adopted under chapter 17A. An approved course

1 16 shall, at a minimum, meet the requirements of

1 17 subsection 3 and be appropriate for teaching=

1 18 parent=directed driver education and related street or

1 19 highway instruction. Driver education materials that

1 20 meet or exceed standards established by the department

1 21 for an approved course in driver education for a

1 22 public or private school shall be approved unless

1 23 otherwise determined by the department. The list of

1 24 approved courses shall be posted on the department's

1 25 internet website.

1 26 b. "Student" means a person between the ages of

1 27 fourteen and twenty=one years who is within the

1 28 custody and control of the teaching parent and who

1 29 satisfies preliminary licensing requirements of the

1 30 department.

1 31 c. "Teaching parent" means a parent, guardian, or

1 32 legal custodian of a student who is currently

1 33 providing competent private instruction to the student

1 34 pursuant to section 299A.2 or 299A.3 and who provided

1 35 such instruction to the student during the previous

1 36 year; who has a valid driver's license, other than a

1 37 motorized bicycle license or a temporary restricted

1 38 license, that permits unaccompanied driving; and who

1 39 has maintained a clear driving record for the previous

1 40 two years. For purposes of this paragraph, "clear

1 41 driving record" means the individual has not been

1 42 identified as a candidate for suspension of a driver's

1 43 license under the habitual offender provisions of the

1 44 department's regulations; is not subject to a driver's

1 45 license suspension, revocation, denial, cancellation,

1 46 disqualification, or bar; and has no record of a

1 47 conviction for a moving traffic violation determined

1 48 to be the cause of a motor vehicle accident.

1 49 3. COURSE OF INSTRUCTION.

1 50 a. An approved course administered by a teaching


House Amendment 1181 continued
2 1 parent shall consist of, but not be limited to, the

2 2 following:

2 3 (1) Thirty clock hours of classroom instruction.

2 4 (2) Forty hours of street or highway driving

2 5 including four hours of driving after sunset and

2 6 before sunrise while accompanied by the teaching

2 7 parent.

2 8 (3) Four hours of classroom instruction concerning

2 9 substance abuse.

2 10 (4) A minimum of twenty minutes of instruction

2 11 concerning railroad crossing safety.

2 12 (5) Instruction relating to becoming an organ

2 13 donor under the revised uniform anatomical gift Act as

2 14 provided in chapter 142C.

2 15 (6) Instruction providing an awareness about

2 16 sharing the road with bicycles and motorcycles.

2 17 b. The content of the course of instruction

2 18 required under this subsection shall be equivalent to

2 19 that required under section 321.178. However,

2 20 reference and study materials, physical classroom

2 21 requirements, and extra vehicle safety equipment

2 22 required for instruction under section 321.178 shall

2 23 not be required for the course of instruction provided

2 24 under this section.

2 25 4. COURSE COMPLETION AND CERTIFICATION. Upon

2 26 application by a student for an intermediate license,

2 27 the teaching parent shall provide evidence showing the

2 28 student's completion of an approved course and

2 29 substantial compliance with the requirements of

2 30 subsection 3 by affidavit signed by the teaching

2 31 parent on a form to be provided by the department.

2 32 The evidence shall include all of the following:

2 33 a. Documentation that the instructor is a teaching

2 34 parent as defined in subsection 2.

2 35 b. Documentation that the student is receiving

2 36 competent private instruction under section 299A.2 or

2 37 the name of the school district within which the

2 38 student is receiving instruction under section 299A.3.

2 39 c. The name of the approved course completed by

2 40 the student.

2 41 d. An affidavit attesting to satisfactory

2 42 completion of course work and street or highway

2 43 driving instruction.

2 44 e. Copies of written tests completed by the

2 45 student.

2 46 f. A statement of the number of classroom hours of

2 47 instruction.

2 48 g. A log of completed street or highway driving

2 49 instruction including the dates when the lessons were

2 50 conducted, the student's and the teaching parent's


House Amendment 1181 continued
3 1 name and initials noted next to each entry, notes on

3 2 driving activities including a list of driving

3 3 deficiencies and improvements, and the duration of the

3 4 driving time for each session.

3 5 5. INTERMEDIATE LICENSE. Any student who

3 6 successfully completes an approved course as provided

3 7 in this section, passes a driving test to be

3 8 administered by the department, and is otherwise

3 9 qualified under section 321.180B, subsection 2, shall

3 10 be eligible for an intermediate license pursuant to

3 11 section 321.180B. Twenty of the forty hours of street

3 12 or highway driving instruction required under

3 13 subsection 3, paragraph "a", subparagraph (2), may be

3 14 utilized to satisfy the requirement of section

3 15 321.180B, subsection 2.

3 16 6. FULL LICENSE. A student must comply with

3 17 section 321.180B, subsection 4, to be eligible for a

3 18 full driver's license pursuant to section 321.180B.

3 19 Sec. . Section 321.180B, subsection 2, Code

3 20 2009, is amended to read as follows:

3 21 2. INTERMEDIATE LICENSE.

3 22 a. The department may issue an intermediate

3 23 driver's license to a person sixteen or seventeen

3 24 years of age who possesses an instruction permit

3 25 issued under subsection 1 or a comparable instruction

3 26 permit issued by another state for a minimum of six

3 27 months immediately preceding application, and who

3 28 presents an affidavit signed by a parent or guardian

3 29 on a form to be provided by the department that the

3 30 permittee has accumulated a total of twenty hours of

3 31 street or highway driving of which two hours were

3 32 conducted after sunset and before sunrise and the

3 33 street or highway driving was with the permittee's

3 34 parent, guardian, instructor, a person certified by

3 35 the department, or a person at least twenty=five years

3 36 of age who had written permission from a parent or

3 37 guardian to accompany the permittee, and whose driving

3 38 privileges have not been suspended, revoked, or barred

3 39 under this chapter or chapter 321J during, and who has

3 40 been accident and violation free continuously for, the

3 41 six=month period immediately preceding the application

3 42 for an intermediate license. An applicant for an

3 43 intermediate license must meet the requirements of

3 44 section 321.186, including satisfactory completion of

3 45 driver education as required in section 321.178 or


3 46 321.179, and payment of the required license fee

3 47 before an intermediate license will be issued.

3 48 b. A person issued an intermediate license must

3 49 limit the number of passengers in the motor vehicle

3 50 when the intermediate licensee is operating the motor
House Amendment 1181 continued

4 1 vehicle to the number of passenger safety belts.

4 2 c. Except as otherwise provided, a person issued

4 3 an intermediate license under this subsection who is

4 4 operating a motor vehicle between the hours of

4 5 twelve=thirty a.m. and five a.m. must be accompanied

4 6 by a person issued a driver's license valid for the

4 7 vehicle operated who is the parent or guardian of the

4 8 permittee, a member of the permittee's immediate

4 9 family if the family member is at least twenty=one

4 10 years of age, an approved driver education instructor,

4 11 a prospective driver education instructor who is

4 12 enrolled in a practitioner preparation program with a

4 13 safety education program approved by the state board

4 14 of education, or a person at least twenty=five years

4 15 of age if written permission is granted by the parent

4 16 or guardian, and who is actually occupying a seat

4 17 beside the driver. However, a licensee may operate a

4 18 vehicle to and from school=related extracurricular

4 19 activities and work without an accompanying driver

4 20 between the hours of twelve=thirty a.m. and five a.m.

4 21 if such licensee possesses a waiver on a form to be

4 22 provided by the department. An accompanying driver is

4 23 not required between the hours of five a.m. and

4 24 twelve=thirty a.m.>

4 25 #2. Title page, line 2, by inserting after the

4 26 word the following

4 27 instruction provided by a teaching parent>.

4 28 #3. By renumbering as necessary.

4 29

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4 32 TYMESON of Madison

4 33 HF 732.201 83

4 34 kh/nh/22044


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