SSB 3108 (LSB 6210XC (1) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN)

A BILL FOR

An Act relating to peace officers and retired peace officers who provide street or highway driving instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.178, subsection 1, paragraph b, subparagraph (2), subparagraph division (a), Code 2020, is amended to read as follows:
   (a)  To be qualified to provide street or highway driving instruction, a person shall be certified by the department and authorized by the board of educational examiners. However, if the person is a peace officer, as defined in section 801.4, subsection 11, paragraph “a”, “b”, “c”, or “h”, with five or more years of experience as a peace officer, or a retired peace officer who holds a driver’s license that is valid for more than two years from the date of issuance, the person shall not be required to be certified by the department or authorized by the board of educational examiners and shall be exempt from any driving instructor preparation requirements. A person shall not be required to hold a current Iowa teacher or administrator license at the elementary or secondary level or to have satisfied the educational requirements for an Iowa teacher license at the elementary or secondary level in order to be certified by the department or authorized by the board of educational examiners to provide street or highway driving instruction. For purposes of this subparagraph division, “retired peace officer” means a person retired under chapter 97A or 411, or section 97B.49B or 97B.49C, after service as a peace officer, as defined in section 801.4, subsection 11, paragraph “a”, “b”, “c”, or “h”.
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, to be qualified to provide street or highway driving instruction, a person must be certified by the department of transportation (DOT) and authorized by the board of educational examiners; however, certain peace officers and retired peace officers are not required to be authorized by the board of educational examiners. This bill provides that certain peace officers and retired peace officers need not be certified by the DOT. Current DOT administrative rules also provide certain instructor preparation requirements for driving instructors. The bill exempts certain peace officers and retired peace officers from those requirements.
   Under Code section 801.4(11)(a, b, c, and h), a peace officer includes sheriffs and their regular deputies who are subject to mandated law enforcement training, marshals and police officers of cities, peace officer members of the department of public safety, and employees of the DOT designated as peace officers. A retired peace officer is a person retired under Code chapter 97A or 411, or Code section 97B.49B or 97B.49C, after service as a peace officer.