The act requires the state department of human services (state department) to reimburse a county or district department of human or social services (county department) for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is 15 to 20 years of age.
The act does not waive or limit a county department's governmental immunity or place any liability on a county department for:
- Contracting with a driving school to provide driving instruction to an individual who is in the custody of the county department; or
- An injury alleged to have occurred while an individual in the custody of the county department received driving instruction.
The act requires the state board of human services to promulgate rules on or before December 1, 2021, to administer the new requirements.
The act states that:
- A guardian ad litem, an official of a county department, or an official of the division of youth services in the state department who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damages caused by the negligence or willful misconduct of the applicant; and
- An individual who is in the custody of the state department or a county department who does not possess all of the required documents to apply for an instruction permit or a minor driver's license may be eligible for exception processing pursuant to rules of the department of revenue.
The act requires the executive director of the department of revenue to promulgate rules on or before November 1, 2021, establishing, to the extent permissible under federal law, forms of documentation that are acceptable for the purpose of allowing individuals who are in the custody of the state department or a county department to verify their legal residence in the United States, establish identity, and satisfy any other prerequisites for the acquisition of an instruction permit or a minor driver's license.
For the 2021-22 state fiscal year, the act appropriates $54,180 to the department of human services for use by the division of child welfare to implement the act.
(Note: This summary applies to this bill as enacted.)