Senate Study Bill 1059 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BROWN) A BILL FOR An Act relating to peace officers and retired peace officers 1 who provide street or highway driving instruction. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2018XC (2) 89 th/ns

S.F. _____ Section 1. Section 321.178, subsection 1, paragraph b, 1 subparagraph (2), subparagraph division (a), Code 2021, is 2 amended to read as follows: 3 (a) To be qualified to provide street or highway driving 4 instruction, a person shall be certified by the department and 5 authorized by the board of educational examiners. However, if 6 the person is a peace officer, as defined in section 801.4, 7 subsection 11 , paragraph “a” , “b” , “c” , or “h” , with five or 8 more years of experience as a peace officer, or a retired 9 peace officer who holds a driver’s license that is valid for 10 more than two years from the date of issuance, the person 11 shall not be required to be certified by the department or 12 authorized by the board of educational examiners and shall be 13 exempt from any driving instructor preparation requirements . 14 A person shall not be required to hold a current Iowa teacher 15 or administrator license at the elementary or secondary level 16 or to have satisfied the educational requirements for an Iowa 17 teacher license at the elementary or secondary level in order 18 to be certified by the department or authorized by the board 19 of educational examiners to provide street or highway driving 20 instruction. For purposes of this subparagraph division, 21 “retired peace officer” means a person retired under chapter 97A 22 or 411 , or section 97B.49B or 97B.49C , after service as a peace 23 officer, as defined in section 801.4, subsection 11 , paragraph 24 “a” , “b” , “c” , or “h” . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, to be qualified to provide street or 29 highway driving instruction, a person must be certified by the 30 department of transportation (DOT) and authorized by the board 31 of educational examiners; however, certain peace officers and 32 retired peace officers are not required to be authorized by 33 the board of educational examiners. This bill provides that 34 certain peace officers and retired peace officers need not be 35 -1- LSB 2018XC (2) 89 th/ns 1/ 2

S.F. _____ certified by the DOT. Current DOT administrative rules also 1 provide certain instructor preparation requirements for driving 2 instructors. The bill exempts certain peace officers and 3 retired peace officers from those requirements. 4 Under Code section 801.4(11)(a, b, c, and h), peace officers 5 include sheriffs and their regular deputies who are subject to 6 mandated law enforcement training, marshals and police officers 7 of cities, peace officer members of the department of public 8 safety, and employees of the DOT designated as peace officers. 9 A retired peace officer is a person retired under Code chapter 10 97A or 411, or Code section 97B.49B or 97B.49C, after service 11 as a peace officer. 12 -2- LSB 2018XC (2) 89 th/ns 2/ 2