Bill Text: IA HF2363 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning the employment of motor vehicle enforcement officers. (Formerly HSB 547)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-14 - Referred to Transportation. H.J. 499. [HF2363 Detail]
Download: Iowa-2013-HF2363-Introduced.html
House
File
2363
-
Introduced
HOUSE
FILE
2363
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
547)
A
BILL
FOR
An
Act
concerning
the
employment
of
motor
vehicle
enforcement
1
officers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2363
Section
1.
Section
8A.412,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
25.
Peace
officers
employed
by
the
3
department
of
transportation
pursuant
to
section
321.477.
The
4
director
of
the
department
of
transportation
shall
adopt
rules
5
not
inconsistent
with
the
objectives
of
this
subchapter
for
the
6
persons
described
in
this
subsection.
7
Sec.
2.
Section
10A.601,
subsections
1
and
7,
Code
2014,
are
8
amended
to
read
as
follows:
9
1.
A
full-time
employment
appeal
board
is
created
within
10
the
department
of
inspections
and
appeals
to
hear
and
decide
11
contested
cases
under
section
321.477,
chapter
8A,
subchapter
12
IV
,
and
chapters
80
,
88
,
91C
,
96
,
and
97B
.
13
7.
An
application
for
rehearing
before
the
appeal
board
14
shall
be
filed
pursuant
to
section
17A.16
,
unless
otherwise
15
provided
in
section
321.477,
chapter
8A,
subchapter
IV
,
or
16
chapter
80
,
88
,
91C
,
96
,
or
97B
.
A
petition
for
judicial
review
17
of
a
decision
of
the
appeal
board
shall
be
filed
pursuant
to
18
section
17A.19
.
The
appeal
board
may
be
represented
in
any
19
such
judicial
review
by
an
attorney
who
is
a
regular
salaried
20
employee
of
the
appeal
board
or
who
has
been
designated
21
by
the
appeal
board
for
that
purpose,
or
at
the
appeal
22
board’s
request,
by
the
attorney
general.
Notwithstanding
23
the
petitioner’s
residency
requirement
in
section
17A.19,
24
subsection
2
,
a
petition
for
judicial
review
may
be
filed
in
25
the
district
court
of
the
county
in
which
the
petitioner
was
26
last
employed
or
resides,
provided
that
if
the
petitioner
27
does
not
reside
in
this
state,
the
action
shall
be
brought
in
28
the
district
court
of
Polk
county,
Iowa,
and
any
other
party
29
to
the
proceeding
before
the
appeal
board
shall
be
named
in
30
the
petition.
Notwithstanding
the
thirty-day
requirement
in
31
section
17A.19,
subsection
6
,
the
appeal
board
shall,
within
32
sixty
days
after
filing
of
the
petition
for
judicial
review
or
33
within
a
longer
period
of
time
allowed
by
the
court,
transmit
34
to
the
reviewing
court
the
original
or
a
certified
copy
of
35
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the
entire
records
of
a
contested
case.
The
appeal
board
may
1
also
certify
to
the
court,
questions
of
law
involved
in
any
2
decision
by
the
appeal
board.
Petitions
for
judicial
review
3
and
the
questions
so
certified
shall
be
given
precedence
over
4
all
other
civil
cases
except
cases
arising
under
the
workers’
5
compensation
law
of
this
state.
No
bond
shall
be
required
for
6
entering
an
appeal
from
any
final
order,
judgment,
or
decree
of
7
the
district
court
to
the
supreme
court.
8
Sec.
3.
Section
321.477,
Code
2014,
is
amended
to
read
as
9
follows:
10
321.477
Employees
as
peace
officers
——
maximum
age
terms
of
11
employment
——
discipline
.
12
1.
The
department
may
designate
by
resolution
certain
of
13
its
employees
upon
each
of
whom
there
is
hereby
conferred
the
14
authority
of
a
peace
officer
to
control
and
direct
traffic
and
15
weigh
vehicles,
and
to
make
arrests
for
violations
of
the
motor
16
vehicle
laws
relating
to
the
operating
authority,
registration,
17
size,
weight,
and
load
of
motor
vehicles
and
trailers
and
18
registration
of
a
motor
carrier’s
interstate
transportation
19
service
with
the
department.
20
2.
An
applicant
to
be
a
peace
officer
in
the
department
21
pursuant
to
this
section
shall
not
be
appointed
as
a
peace
22
officer
until
the
applicant
has
passed
a
satisfactory
physical
23
and
mental
examination.
In
addition,
the
applicant
must
be
24
a
citizen
of
the
United
States
and
be
not
less
than
eighteen
25
years
of
age.
The
mental
examination
shall
be
conducted
26
under
the
direction
or
supervision
of
the
director
and
may
27
be
oral
or
written
or
both.
An
applicant
shall
take
an
oath
28
on
becoming
a
peace
officer
of
the
department,
to
uphold
the
29
laws
and
Constitution
of
the
United
States
and
Constitution
30
of
the
State
of
Iowa.
During
the
period
of
six
months
after
31
employment,
a
peace
officer
of
the
department
or
a
peace
32
officer
candidate
employed
by
the
department
and
attending
33
a
course
of
instruction
conducted
by,
or
comparable
to
the
34
course
of
instruction
required
by,
the
Iowa
law
enforcement
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academy
pursuant
to
chapter
80B
is
subject
to
dismissal
at
the
1
will
of
the
director.
After
the
six
months’
service,
a
peace
2
officer
of
the
department
who
was
appointed
after
having
passed
3
the
examinations
is
not
subject
to
dismissal,
suspension,
4
disciplinary
demotion,
or
other
disciplinary
action
resulting
5
in
the
loss
of
pay
unless
charges
have
been
filed
with
the
6
department
of
inspections
and
appeals
and
a
hearing
held
by
7
the
employment
appeal
board
created
by
section
10A.601,
if
8
requested
by
the
peace
officer,
at
which
the
peace
officer
9
has
an
opportunity
to
present
a
defense
to
the
charges.
The
10
decision
of
the
appeal
board
is
final,
subject
to
the
right
11
of
judicial
review
in
accordance
with
the
terms
of
the
Iowa
12
administrative
procedure
Act,
chapter
17A.
However,
the
13
procedures
as
to
dismissal,
suspension,
demotion,
or
other
14
discipline
do
not
apply
to
a
peace
officer
who
is
covered
by
15
a
collective
bargaining
agreement
which
provides
otherwise,
16
and
do
not
apply
to
the
demotion
of
an
office
or
bureau
head
17
to
the
rank
which
the
office
or
bureau
head
held
at
the
time
18
of
appointment
as
office
or
bureau
head,
if
any.
An
office
19
or
bureau
head
who
is
demoted
has
the
right
to
return
to
the
20
rank
which
the
office
or
bureau
head
held
at
the
time
of
21
appointment
as
office
or
bureau
head,
if
any.
All
rules,
22
except
employment
provisions
negotiated
pursuant
to
chapter
20,
23
regarding
the
enlistment,
appointment,
and
employment
affecting
24
peace
officers
of
the
department
shall
be
established
by
the
25
director
in
consultation
with
the
director
of
the
department
of
26
administrative
services,
subject
to
approval
by
the
governor.
27
3.
The
maximum
age
for
a
person
employed
as
a
peace
officer
28
pursuant
to
this
section
is
sixty-five
years
of
age.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
concerns
motor
vehicle
enforcement
officers
33
employed
by
and
designated
as
peace
officers
by
the
department
34
of
transportation.
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Code
section
8A.412,
concerning
the
applicability
of
1
the
merit
system
to
state
employees,
is
amended
to
exclude
2
from
the
merit
system
motor
vehicle
enforcement
officers
3
employed
by
and
designated
as
peace
officers
by
the
department
4
of
transportation.
The
bill
requires
the
director
of
the
5
department
of
transportation
to
adopt
rules
not
inconsistent
6
with
the
objectives
of
the
merit
system
for
these
employees.
7
Code
section
10A.601,
concerning
the
employment
appeal
8
board,
is
amended
to
specifically
provide
that
the
board
9
will
hear
contested
case
appeals
concerning
motor
vehicle
10
enforcement
officers.
11
Code
section
321.477,
which
authorizes
the
department
12
to
designate
motor
vehicle
enforcement
officers
as
peace
13
officers,
is
amended.
The
bill
provides
for
the
examination
14
of
applicants
to
be
motor
vehicle
enforcement
officers,
a
15
probation
period
for
new
officers,
and
requirements
relative
16
to
the
discipline
and
dismissal
of
motor
vehicle
enforcement
17
officers.
The
provisions
are
similar
to
those
applicable
to
18
department
of
public
safety
officers
and
described
in
Code
19
section
80.15.
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