Senate Study Bill 1059 - IntroducedA Bill ForAn Act 1relating to peace officers and retired peace officers
2who provide street or highway driving instruction.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 321.178, subsection 1, paragraph b,
2subparagraph (2), subparagraph division (a), Code 2021, is
3amended to read as follows:
   4(a)  To be qualified to provide street or highway driving
5instruction, a person shall be certified by the department and
6authorized by the board of educational examiners. However, if
7the person is a peace officer, as defined in section 801.4,
8subsection 11, paragraph “a”, “b”, “c”, or “h”, with five or
9more years of experience as a peace officer, or a retired
10peace officer who holds a driver’s license that is valid for
11more than two years from the date of issuance, the person
12shall not be required to be certified by the department or
13 authorized by the board of educational examiners and shall be
14exempt from any driving instructor preparation requirements
.
15A person shall not be required to hold a current Iowa teacher
16or administrator license at the elementary or secondary level
17or to have satisfied the educational requirements for an Iowa
18teacher license at the elementary or secondary level in order
19to be certified by the department or authorized by the board
20of educational examiners to provide street or highway driving
21instruction. For purposes of this subparagraph division,
22“retired peace officer” means a person retired under chapter 97A
23or 411, or section 97B.49B or 97B.49C, after service as a peace
24officer, as defined in section 801.4, subsection 11, paragraph
25“a”, “b”, “c”, or “h”.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29Under current law, to be qualified to provide street or
30highway driving instruction, a person must be certified by the
31department of transportation (DOT) and authorized by the board
32of educational examiners; however, certain peace officers and
33retired peace officers are not required to be authorized by
34the board of educational examiners. This bill provides that
35certain peace officers and retired peace officers need not be
-1-1certified by the DOT. Current DOT administrative rules also
2provide certain instructor preparation requirements for driving
3instructors. The bill exempts certain peace officers and
4retired peace officers from those requirements.
   5Under Code section 801.4(11)(a, b, c, and h), peace officers
6include sheriffs and their regular deputies who are subject to
7mandated law enforcement training, marshals and police officers
8of cities, peace officer members of the department of public
9safety, and employees of the DOT designated as peace officers.
10A retired peace officer is a person retired under Code chapter
1197A or 411, or Code section 97B.49B or 97B.49C, after service
12as a peace officer.
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th/ns