Senate
Study
Bill
3023
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
TRANSPORTATION
BILL)
A
BILL
FOR
An
Act
relating
to
third-party
commercial
driver’s
license
1
testers
and
skills
test
examiners.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
_____
H.F.
_____
Section
1.
Section
321.187,
Code
2016,
is
amended
to
read
1
as
follows:
2
321.187
Examiners.
3
1.
The
department
shall
examine
applicants
for
driver’s
4
licenses.
Examiners
of
the
department
shall
wear
an
5
identifying
badge
and
uniform
provided
by
the
department.
6
2.
The
department
may
by
rule
designate
community
colleges
7
established
under
chapter
260C
and
other
third-party
testers
to
8
administer
the
driving
skills
test
required
for
a
commercial
9
driver’s
license,
provided
that
all
of
the
following
occur:
10
a.
The
driving
skills
test
is
the
same
as
that
which
would
11
otherwise
be
administered
by
the
state.
12
b.
The
third-party
tester
contractually
agrees
to
comply
13
with
the
requirements
of
49
C.F.R.
§383.75
as
adopted
by
rule
14
by
the
department.
15
c.
Any
third-party
skills
test
examiner
used
by
the
16
third-party
tester
shall
meet
the
requirements
of
49
C.F.R.
17
§383.75
and
49
C.F.R.
§384.228,
as
adopted
by
rule
by
the
18
department.
The
department
shall
adopt
rules
requiring
that
a
19
third-party
tester,
other
than
a
community
college
established
20
under
chapter
260C
,
shall
be
an
Iowa-based
motor
carrier,
or
21
its
subsidiary,
that
has
have
its
principal
office
place
of
22
business
within
this
state
and
operates
operate
a
permanent
23
commercial
driver
training
or
testing
facility
in
this
state.
24
The
rules
may
also
provide
that
a
third-party
tester
conduct
a
25
number
of
skills
test
examinations
above
the
number
required
26
under
49
C.F.R.
§383.75
in
order
to
remain
qualified
as
a
27
third-party
tester
under
this
section
.
28
3.
A
community
college
or
other
third-party
tester
29
authorized
to
administer
driving
skills
tests
pursuant
to
this
30
section
may
charge
a
fee
to
a
license
applicant
for
the
driving
31
skills
test
administered
to
the
applicant
pursuant
to
this
32
section.
33
3.
4.
As
used
in
this
section
,
“third-party
tester”
and
34
“third-party
skills
test
examiner”
mean
as
defined
in
49
C.F.R.
35
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H.F.
_____
§383.5.
1
Sec.
2.
REPEAL.
2014
Iowa
Acts,
chapter
1123,
section
23,
2
is
repealed.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
Under
Code
section
321.187,
two
types
of
entities
can
be
7
authorized
by
the
department
of
transportation
(DOT)
to
act
as
8
third-party
commercial
driver’s
license
testers:
community
9
colleges
established
under
Code
chapter
260C
and
Iowa-based
10
motor
carriers.
11
This
bill
amends
Code
section
321.187
to
allow
any
entity
12
to
be
authorized
by
the
DOT
to
act
as
a
third-party
commercial
13
driver’s
license
tester
if
the
entity
has
its
principal
place
14
of
business
in
Iowa
and
it
operates
a
permanent
commercial
15
driver
training
or
testing
facility
in
Iowa.
The
bill
also
16
allows
a
third-party
tester
to
charge
a
fee
to
a
license
17
applicant
for
the
driving
skills
test
administered
by
the
18
tester.
In
addition,
the
bill
strikes
a
provision
requiring
19
DOT
examiners
to
wear
an
identifying
badge
and
uniform
provided
20
by
the
DOT.
21
When
Code
section
321.187
was
amended
in
2014
to
authorize
22
third-party
testers,
the
general
assembly
included
a
future
23
repeal
date
of
July
1,
2019,
for
the
amendments.
The
bill
24
repeals
that
future
repeal
provision.
25
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