Bill Text: IA HF456 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to third-party test examiners authorized to administer knowledge and final field tests to persons seeking a driver's permit or driver's license.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-27 - Introduced, referred to Transportation. H.J. 430. [HF456 Detail]
Download: Iowa-2023-HF456-Introduced.html
House
File
456
-
Introduced
HOUSE
FILE
456
BY
HAYES
A
BILL
FOR
An
Act
relating
to
third-party
test
examiners
authorized
1
to
administer
knowledge
and
final
field
tests
to
persons
2
seeking
a
driver’s
permit
or
driver’s
license.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2034YH
(3)
90
th/ns
H.F.
456
Section
1.
Section
321.178,
subsection
1,
paragraph
c,
Code
1
2023,
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
29
as
a
classroom
driver
education
instructor
and
certified
to
30
provide
street
and
highway
driving
instruction
,
or
a
person
31
authorized
under
section
321.186,
subsection
4
.
A
person
32
qualified
as
a
classroom
driver
education
instructor
but
not
33
certified
to
provide
street
and
highway
driving
instruction
34
may
administer
the
final
field
test
if
accompanied
by
another
35
-1-
LSB
2034YH
(3)
90
th/ns
1/
4
H.F.
456
person
qualified
to
provide
street
and
highway
driving
1
instruction.
2
Sec.
2.
Section
321.186,
Code
2023,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
4.
a.
The
department
shall
designate
5
third-party
testers
to
administer
the
knowledge
test
required
6
under
this
section
and
the
final
field
test
under
section
7
321.178,
subsection
1,
paragraph
“c”
,
provided
all
of
the
8
following
occur:
9
(1)
The
test
is
the
same
as
that
which
would
otherwise
be
10
administered
by
the
state.
11
(2)
The
third-party
tester
contractually
agrees
to
comply
12
with
the
rules
adopted
by
the
department.
13
(3)
Any
third-party
test
examiner
used
by
the
third-party
14
tester
meets
the
requirements
applicable
to
third-party
15
knowledge
skills
testing,
as
adopted
by
rule
by
the
department.
16
Any
of
the
following
persons
shall
qualify
as
a
third-party
17
test
examiner:
18
(a)
A
person
who
is
a
classroom
driver
education
instructor
19
and
qualified
to
provide
street
or
highway
driving
instruction
20
under
section
321.178.
21
(b)
A
person
who
is
qualified
to
provide
street
or
highway
22
driving
instruction
under
section
321.178
who
has
five
years
of
23
continuous
driving
instruction
experience
or
who
has
at
least
24
two
years
of
such
experience
and
provides
such
instruction
for
25
more
than
one
hundred
hours
per
year.
26
(4)
A
third-party
test
examiner
who
examines
a
person
27
with
a
physical
or
mental
disability
is
a
certified
driver
28
rehabilitation
specialist
or
a
driver
rehabilitation
29
professional,
or
has
been
issued
a
specialized
instructor
30
badge,
and
any
such
certification,
designation,
or
badge
31
is
granted
by
the
association
of
driver
rehabilitation
32
specialists.
33
b.
As
used
in
this
subsection:
34
(1)
“Third-party
test
examiner”
means
a
person
employed
by
35
-2-
LSB
2034YH
(3)
90
th/ns
2/
4
H.F.
456
a
third-party
tester
who
is
authorized
by
the
department
to
1
administer
the
knowledge
skills
tests
under
this
section.
2
(2)
“Third-party
tester”
means
a
person
designated
by
3
the
department
to
employ
knowledge
skills
test
examiners
to
4
administer
knowledge
and
driving
skills
tests
under
this
5
section.
6
c.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
7
to
administer
this
section.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
Current
law
authorizes
the
department
of
transportation
12
(DOT)
to
examine
every
new
applicant
for
a
driver’s
license,
13
any
person
holding
a
valid
driver’s
license
when
the
DOT
has
14
reason
to
believe
that
the
person
may
be
physically
or
mentally
15
incompetent
to
operate
a
motor
vehicle,
and
any
person
whose
16
driving
record
appears
to
the
DOT
to
justify
the
examination.
17
In
addition,
a
final
field
test
prior
to
a
student’s
completion
18
of
an
approved
driver
education
course
must
generally
be
19
administered
by
a
person
qualified
as
a
classroom
driver
20
education
instructor
and
certified
to
provide
street
and
21
highway
driving
instruction.
22
This
bill
authorizes
the
DOT
to
designate
third-party
23
testers
and
third-party
test
examiners,
as
defined
in
the
bill,
24
to
administer
the
required
knowledge
test
before
a
person
25
is
issued
a
driver’s
license
or
permit
and
the
final
field
26
test
under
Code
section
321.178
before
a
student
is
issued
a
27
driver’s
license.
28
The
bill
describes
persons
who
are
authorized
to
administer
29
tests
as
a
third-party
test
examiner,
including
persons
who
are
30
already
authorized
as
a
classroom
driver
education
instructor
31
and
qualified
to
provide
street
or
highway
driving
instruction
32
under
Code
section
321.178
and
persons
who
are
qualified
to
33
provide
street
or
highway
driving
instruction
under
Code
34
section
321.178
who
have
five
years
of
continuous
driving
35
-3-
LSB
2034YH
(3)
90
th/ns
3/
4
H.F.
456
instruction
experience
or
who
have
at
least
two
years
of
such
1
experience
and
provide
such
instruction
for
more
than
100
hours
2
per
year.
The
DOT
may
authorize
additional
persons
who
meet
3
eligibility
criteria
determined
by
the
DOT
by
administrative
4
rules.
5
The
bill
requires
a
third-party
test
examiner
who
examines
a
6
person
with
a
physical
or
mental
disability
to
be
a
certified
7
driver
rehabilitation
specialist
or
a
driver
rehabilitation
8
professional,
or
to
have
been
issued
a
specialized
instructor
9
badge,
and
any
such
certification,
designation,
or
badge
10
must
be
granted
by
the
association
of
driver
rehabilitation
11
specialists.
12
A
person
who
passes
a
test
administered
by
a
third-party
test
13
examiner
must
still
apply
to
the
DOT
for
issuance
of
a
permit
14
or
license.
15
-4-
LSB
2034YH
(3)
90
th/ns
4/
4
