Senate Study Bill 3086 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KLIMESH) A BILL FOR An Act relating to third-party testers and test examiners 1 authorized to administer knowledge and final field tests to 2 persons seeking a driver’s permit or driver’s license. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5563XC (1) 90 th/ns

S.F. _____ Section 1. Section 321.178, subsection 1, paragraph c, Code 1 2024, is amended to read as follows: 2 c. Every public school district in Iowa shall offer 3 or make available to all students residing in the school 4 district, or Iowa students attending a nonpublic school or 5 receiving competent private instruction or independent private 6 instruction as defined in section 299A.1 , in the district, an 7 approved course in driver education. The receiving district 8 shall be the school district responsible for making driver 9 education available to a student participating in open 10 enrollment under section 282.18 . The courses may be offered 11 at sites other than at the public school, including nonpublic 12 school facilities within the public school districts. An 13 approved course offered during the summer months, on Saturdays, 14 after regular school hours during the regular terms or partly 15 in one term or summer vacation period and partly in the 16 succeeding term or summer vacation period, as the case may 17 be, shall satisfy the requirements of this section to the 18 same extent as an approved course offered during the regular 19 school hours of the school term. A student who successfully 20 completes and obtains certification in an approved course in 21 driver education or an approved course in motorcycle education 22 may, upon proof of such fact, be excused from any field test 23 which the student would otherwise be required to take in 24 demonstrating the student’s ability to operate a motor vehicle. 25 A student shall not be excused from any field test if a parent, 26 guardian, or instructor requests that a test be administered. 27 A final field test prior to a student’s completion of an 28 approved course shall be administered by a person qualified to 29 provide street or highway driving instruction under paragraph 30 “b” , subparagraph (2) , or a person authorized under section 31 321.187, subsection 2A . 32 Sec. 2. Section 321.187, Code 2024, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 2A. The department shall designate 35 -1- LSB 5563XC (1) 90 th/ns 1/ 3

S.F. _____ third-party testers to administer the knowledge test required 1 under section 321.186 and the final field test under section 2 321.178, subsection 1, paragraph “c” , provided all of the 3 following occur: 4 a. The test is the same as that which would otherwise be 5 administered by the state. 6 b. The third-party tester contractually agrees to comply 7 with the rules adopted by the department. 8 c. Any third-party test examiner used by the third-party 9 tester meets the requirements applicable to third-party 10 knowledge skills testing, as adopted by rule by the department. 11 Any of the following persons shall qualify as a third-party 12 test examiner: 13 (1) A person who is a classroom driver education instructor 14 and qualified to provide street or highway driving instruction 15 under section 321.178. 16 (2) A person who is qualified to provide street or highway 17 driving instruction under section 321.178 who has five years of 18 continuous driving instruction experience or who has at least 19 two years of such experience and provides such instruction for 20 more than one hundred hours per year. 21 d. A third-party test examiner who examines a person 22 with a physical or mental disability is a certified driver 23 rehabilitation specialist or a driver rehabilitation 24 professional, or has been issued a specialized instructor 25 badge, and any such certification, designation, or badge 26 is granted by the association of driver rehabilitation 27 specialists. 28 NEW SUBSECTION . 2B. The department shall adopt rules 29 pursuant to chapter 17A to administer this section. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 Current law authorizes the department of transportation 34 (DOT) to examine every new applicant for a driver’s license, 35 -2- LSB 5563XC (1) 90 th/ns 2/ 3

S.F. _____ any person holding a valid driver’s license when the DOT has 1 reason to believe that the person may be physically or mentally 2 incompetent to operate a motor vehicle, and any person whose 3 driving record appears to the DOT to justify the examination. 4 In addition, a final field test prior to a student’s completion 5 of an approved driver education course must be administered 6 by a person qualified to provide street or highway driving 7 instruction. The DOT is also currently authorized to designate 8 third-party testers to administer commercial driver’s license 9 knowledge and driving skills tests. 10 This bill authorizes the DOT to likewise designate 11 third-party testers to administer the required knowledge and 12 final field tests for other driver’s licenses. 13 The bill describes persons who are authorized to administer 14 such tests (test examiner), including persons who are already 15 authorized as a classroom driver education instructor and 16 qualified to provide street or highway driving instruction 17 under Code section 321.178 and persons who are qualified to 18 provide street or highway driving instruction under Code 19 section 321.178 who have five years of continuous driving 20 instruction experience or who have at least two years of such 21 experience and provide such instruction for more than 100 hours 22 per year. The DOT may authorize additional persons who meet 23 eligibility criteria determined by the DOT by administrative 24 rules. 25 The bill requires a third-party test examiner who examines a 26 person with a physical or mental disability to be a certified 27 driver rehabilitation specialist or a driver rehabilitation 28 professional, or to have been issued a specialized instructor 29 badge, and any such certification, designation, or badge 30 must be granted by the association of driver rehabilitation 31 specialists. 32 A person who passes a test administered by a third-party test 33 examiner must still apply to the DOT for issuance of a permit 34 or license. 35 -3- LSB 5563XC (1) 90 th/ns 3/ 3