Bill Text: IA HF579 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to motor vehicle enforcement duties of the department of public safety and the department of transportation, providing transfers of moneys, and including effective date provisions.(Formerly HSB 166.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-09 - Subcommittee: Lohse, Amos Jr., Bossman, Holt and Wessel-Kroeschell. H.J. 597. [HF579 Detail]
Download: Iowa-2023-HF579-Introduced.html
House
File
579
-
Introduced
HOUSE
FILE
579
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
166)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
enforcement
duties
of
1
the
department
of
public
safety
and
the
department
of
2
transportation,
providing
transfers
of
moneys,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
80.5,
subsection
2,
Code
2023,
is
amended
1
to
read
as
follows:
2
2.
The
state
patrol
is
established
in
the
department.
The
3
patrol
shall
be
under
the
direction
of
the
commissioner.
The
4
number
of
supervisory
officers
shall
be
in
proportion
to
the
5
membership
of
the
state
patrol.
The
department
shall
maintain
6
a
vehicle
theft
unit
in
the
state
patrol
to
investigate
7
and
assist
in
the
examination
and
identification
of
stolen,
8
altered,
or
forfeited
vehicles.
In
addition
to
other
duties,
9
powers,
and
responsibilities
prescribed
by
law,
the
state
10
patrol
shall
conduct
enforcement
activities
that
ensure
the
11
safe
and
lawful
movement
and
operation
of
commercial
motor
12
vehicles
and
vehicles
transporting
loads,
including
but
not
13
limited
to
the
enforcement
of
motor
vehicle
laws
relating
to
14
the
operating
authority,
registration,
size,
weight,
and
load
15
of
motor
vehicles
and
trailers.
16
Sec.
2.
Section
80.5,
Code
2023,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
10.
The
department
of
public
safety
shall
19
adopt,
after
consultation
with
the
department
of
natural
20
resources
and
the
department
of
transportation,
rules
relating
21
to
enforcement
of
the
rules
regarding
transportation
of
22
hazardous
wastes
adopted
by
the
department
of
natural
resources
23
and
the
department
of
transportation.
The
state
patrol
shall
24
carry
out
the
enforcement
of
the
rules,
in
accordance
with
25
state
law.
26
NEW
SUBSECTION
.
11.
The
department
shall
submit
a
report
to
27
the
general
assembly
on
or
before
December
1
of
each
year
that
28
details
the
nature
and
scope
of
enforcement
activities
that
29
ensure
the
safe
and
lawful
movement
and
operation
of
commercial
30
motor
vehicles
and
vehicles
transporting
loads
conducted
by
31
members
of
the
state
patrol
assigned
to
such
enforcement
32
activities
in
the
previous
year.
The
report
shall
include
33
a
comparison
of
commercial
and
noncommercial
motor
vehicle
34
enforcement
activities
conducted
by
such
members
of
the
state
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patrol.
1
Sec.
3.
Section
80B.6,
subsection
1,
paragraph
k,
Code
2023,
2
is
amended
to
read
as
follows:
3
k.
A
member
of
the
office
of
motor
vehicle
enforcement
of
4
the
department
of
transportation
involved
with
the
enforcement
5
activities
set
forth
in
section
321.477
.
6
Sec.
4.
Section
97B.42B,
Code
2023,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
4A.
a.
Commencing
July
1,
2023,
a
9
person
who
is
a
designated
peace
officer
in
the
department
of
10
transportation
under
section
321.477,
Code
2023,
as
of
June
30,
11
2023,
who
has
fewer
than
ten
years
of
membership
service,
and
12
who
is
transferred
to
the
department
of
public
safety
pursuant
13
to
this
Act,
shall
be
a
member
of
the
Iowa
department
of
public
14
safety
peace
officers’
retirement,
accident,
and
disability
15
system
established
in
chapter
97A.
16
b.
Commencing
July
1,
2023,
a
person
who
is
a
designated
17
peace
officer
in
the
department
of
transportation
under
section
18
321.477,
Code
2023,
as
of
June
30,
2023,
who
has
ten
or
more
19
years
of
membership
service,
and
who
is
transferred
to
the
20
department
of
public
safety
pursuant
to
this
Act,
shall
remain
21
a
member
of
the
Iowa
public
employees’
retirement
system.
22
Sec.
5.
Section
97B.49B,
subsection
1,
paragraph
e,
23
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
24
(5)
(a)
An
employee
of
the
state
department
of
25
transportation
who
is
designated
as
a
“peace
officer”
by
26
resolution
under
section
321.477
,
but
only
if
the
employee
27
retires
on
or
after
July
1,
1990.
For
purposes
of
this
28
subparagraph,
service
as
a
traffic
weight
officer
employed
29
by
the
highway
commission
prior
to
the
creation
of
the
state
30
department
of
transportation
or
as
a
peace
officer
employed
by
31
the
Iowa
state
commerce
commission
prior
to
the
creation
of
32
the
state
department
of
transportation
shall
be
included
in
33
computing
the
employee’s
years
of
membership
service.
34
(b)
An
employee
of
the
department
of
public
safety
described
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in
section
97B.42B,
subsection
4A,
paragraph
“b”
.
1
Sec.
6.
Section
152C.5B,
subsection
1,
paragraph
b,
2
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
3
subparagraph.
4
Sec.
7.
Section
157.4A,
subsection
1,
paragraph
b,
5
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
6
subparagraph.
7
Sec.
8.
Section
307.12,
subsection
1,
paragraph
n,
Code
8
2023,
is
amended
by
striking
the
paragraph.
9
Sec.
9.
Section
307.48,
Code
2023,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3.
An
employee
of
the
office
of
motor
12
vehicle
enforcement
of
the
department
of
transportation
on
June
13
30,
2023,
who
is
transferred
to
the
department
of
public
safety
14
pursuant
to
this
Act,
retains
all
rights
to
longevity
pay.
15
Sec.
10.
Section
321.2,
subsection
2,
Code
2023,
is
amended
16
to
read
as
follows:
17
2.
The
division
of
state
patrol
of
the
department
of
public
18
safety
shall
enforce
the
provisions
of
this
chapter
relating
to
19
traffic
on
the
public
highways
of
the
state,
including
those
20
relating
to
the
safe
and
legal
operation
of
passenger
cars,
21
motorcycles,
motor
trucks
,
and
buses,
and
other
commercial
22
motor
vehicles,
and
to
see
that
proper
safety
rules
are
23
observed.
24
Sec.
11.
Section
321.266,
subsection
4,
Code
2023,
is
25
amended
to
read
as
follows:
26
4.
Notwithstanding
section
455B.386
,
a
carrier
transporting
27
hazardous
material
upon
a
public
highway
in
this
state,
in
28
the
case
of
an
accident
involving
the
transportation
of
the
29
hazardous
material,
shall
immediately
notify
the
police
radio
30
broadcasting
system
established
pursuant
to
section
693.1
or
31
shall
notify
a
peace
officer
of
the
county
or
city
in
which
32
the
accident
occurs.
When
a
local
law
enforcement
agency
is
33
informed
of
the
accident,
the
agency
shall
notify
the
state
34
patrol
and
the
state
department
of
transportation
office
of
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motor
vehicle
enforcement
.
A
person
who
violates
a
provision
1
of
this
subsection
is
guilty
of
a
serious
misdemeanor.
2
Sec.
12.
Section
321.449,
subsection
1,
paragraphs
a
and
b,
3
Code
2023,
are
amended
to
read
as
follows:
4
a.
A
person
shall
not
operate
a
commercial
vehicle
on
the
5
highways
of
this
state
except
in
compliance
with
rules
adopted
6
by
the
department
of
public
safety,
in
consultation
with
the
7
department
of
transportation,
under
chapter
17A
.
The
rules
8
shall
be
consistent
with
the
federal
motor
carrier
safety
9
regulations
promulgated
under
United
States
Code,
Tit.
49,
10
and
found
in
49
C.F.R.
pts.
385,
390
–
399
and
adopted
under
11
chapter
17A
.
12
b.
The
department
of
public
safety,
in
consultation
with
the
13
department
of
transportation,
shall
also
adopt
rules
concerning
14
hours
of
service
for
drivers
of
vehicles
operated
for
hire
15
and
designed
to
transport
seven
or
more
persons,
including
16
the
driver.
The
rules
shall
not
apply
to
vehicles
offered
to
17
the
public
for
hire
that
are
used
principally
in
intracity
18
operation
and
that
are
regulated
by
local
authorities
pursuant
19
to
section
321.236
.
20
Sec.
13.
Section
321.449,
subsection
4,
paragraph
c,
Code
21
2023,
is
amended
to
read
as
follows:
22
c.
A
driver
or
a
driver-salesperson
for
a
private
carrier,
23
who
is
not
for
hire
and
who
is
engaged
exclusively
in
24
intrastate
commerce,
may
drive
twelve
hours,
be
on
duty
sixteen
25
hours
in
a
twenty-four-hour
period,
and
be
on
duty
seventy
26
hours
in
seven
consecutive
days
or
eighty
hours
in
eight
27
consecutive
days.
A
“driver-salesperson”
means
as
defined
in
49
28
C.F.R.
§395.2,
as
adopted
by
the
department
of
public
safety
29
by
rule.
30
Sec.
14.
Section
321.449,
subsection
8,
Code
2023,
is
31
amended
to
read
as
follows:
32
8.
In
the
course
of
enforcing
the
motor
carrier
safety
33
rules
adopted
by
the
department
of
public
safety
under
chapter
34
17A
,
the
department’s
department
of
public
safety’s
peace
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officers
are
authorized,
at
reasonable
times
and
places
and
1
with
reasonable
notice,
to
enter
a
motor
carrier’s
place
of
2
business
for
the
purpose
of
performing
a
motor
carrier
safety
3
audit
or
compliance
review.
Nothing
in
this
subsection
by
4
itself
permits
the
seizure
of
the
property
of
a
motor
carrier.
5
Any
audit
or
review
shall
be
conducted
in
compliance
with
the
6
federal
motor
carrier
safety
regulations
in
49
C.F.R.
pts.
105
7
–
185,
382,
383,
385,
and
390
–
399.
A
peace
officer
of
the
8
department
of
public
safety
is
authorized
to
inspect
and
copy
9
motor
carrier
records
required
by
49
C.F.R.
pts.
105
–
185,
10
382,
383,
385,
and
390
–
399.
11
Sec.
15.
Section
321.449B,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
a.
A
person
subject
to
rules
adopted
by
the
department
14
of
public
safety
pursuant
to
section
321.449
shall
not
15
operate
a
commercial
motor
vehicle
while
engaged
in
texting
as
16
prohibited
by
49
C.F.R.
§392.80
,
except
in
an
emergency
or
as
17
otherwise
permitted
under
49
C.F.R.
§392.80
.
18
b.
A
person
subject
to
rules
adopted
by
the
department
of
19
public
safety
pursuant
to
section
321.449
shall
not
operate
20
a
commercial
motor
vehicle
while
using
a
hand-held
mobile
21
telephone
as
prohibited
by
49
C.F.R.
§392.82
,
except
in
an
22
emergency
or
as
otherwise
permitted
under
49
C.F.R.
§392.82
.
23
Sec.
16.
Section
321.450,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
A
person
shall
not
transport
or
have
transported
or
26
shipped
within
this
state
any
hazardous
material
except
in
27
compliance
with
rules
adopted
by
the
department
of
public
28
safety
under
chapter
17A
.
The
rules
shall
be
consistent
with
29
the
federal
hazardous
materials
regulations
adopted
under
30
United
States
Code,
Tit.
49,
and
found
in
49
C.F.R.
pts.
107,
31
171
to
173,
177,
178,
and
180.
32
Sec.
17.
Section
321.463,
subsection
5,
paragraph
b,
Code
33
2023,
is
amended
to
read
as
follows:
34
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
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a
motor
vehicle
described
in
paragraph
“a”
equipped
with
an
1
auxiliary
power
or
idle
reduction
technology
unit
that
reduces
2
fuel
use
and
emissions
during
engine
idling
may
exceed
any
3
applicable
maximum
gross
weight
limit
under
this
chapter
by
4
five
hundred
fifty
pounds
or
the
weight
of
the
auxiliary
power
5
or
idle
reduction
technology
unit,
whichever
is
less.
This
6
paragraph
“b”
shall
does
not
apply
unless
the
operator
of
7
the
vehicle
provides
to
the
department
of
public
safety
a
8
written
certification
of
the
weight
of
the
auxiliary
power
9
or
idle
reduction
technology
unit,
demonstrates
or
certifies
10
to
the
department
of
public
safety
that
the
idle
reduction
11
technology
unit
is
fully
functional
at
all
times,
and
carries
12
with
the
operator
the
written
certification
of
the
weight
of
13
the
auxiliary
power
or
idle
reduction
technology
unit
in
the
14
vehicle
at
all
times
to
present
to
law
enforcement
in
the
event
15
the
vehicle
is
suspected
of
violating
any
applicable
weight
16
restrictions.
17
Sec.
18.
Section
321.476,
subsection
1,
Code
2023,
is
18
amended
to
read
as
follows:
19
1.
a.
Authority
is
hereby
given
to
the
A
member
of
the
20
state
patrol
of
the
department
to
stop
of
public
safety
is
21
authorized
to
do
any
of
the
following:
22
a.
Stop
any
motor
vehicle
or
trailer
on
the
highways
for
the
23
purposes
of
weighing
and
inspection,
to
weigh
and
inspect
the
24
same
and
to
enforce
the
provisions
of
the
motor
vehicle
laws
25
relating
to
the
registration,
size,
weight,
and
load
of
motor
26
vehicles
and
trailers.
27
b.
Authority
is
also
hereby
granted
to
subject
to
weighing
28
and
inspection,
Weigh
and
inspect
vehicles
which
have
moved
29
from
a
highway
onto
private
property
under
circumstances
which
30
indicate
that
the
load
of
the
vehicle,
if
any,
is
substantially
31
the
same
as
the
load
which
the
vehicle
carried
before
moving
32
onto
the
private
property.
33
Sec.
19.
Section
321.477,
Code
2023,
is
amended
to
read
as
34
follows:
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321.477
Employees
as
peace
officers
——
maximum
age.
1
1.
The
department
may
designate
by
resolution
certain
of
its
2
employees
upon
each
of
whom
there
is
conferred
the
authority
3
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
4
but
not
limited
to
the
rules
and
regulations
of
the
department
5
investigate
and
enforce
all
of
the
following:
6
a.
Laws
relating
to
motor
vehicle
records,
documents,
7
credentials,
procedures,
and
revenues,
including
but
not
8
limited
to
crimes
and
abuse
of
authority
associated
with
9
fraud,
identity
theft,
vehicle
titles
and
registration,
dealer
10
licenses,
and
authorized
vehicle
recycler
licenses
.
11
b.
Laws
relating
to
motor
vehicle
fraud
including
but
not
12
limited
to
the
state
and
federal
odometer
laws,
including
as
13
provided
in
sections
307.37
and
321.71.
14
2.
Employees
designated
as
peace
officers
pursuant
to
this
15
section
shall
have
the
same
powers
conferred
by
law
on
peace
16
officers
for
the
enforcement
of
all
laws
of
this
state
use
17
of
force
in
emergent
circumstances
and
the
apprehension
of
18
violators.
19
2.
Employees
designated
as
peace
officers
pursuant
to
this
20
section
who
are
assigned
to
the
supervision
of
the
highways
21
of
this
state
shall
spend
the
preponderance
of
their
time
22
conducting
enforcement
activities
that
assure
the
safe
and
23
lawful
movement
and
operation
of
commercial
motor
vehicles
and
24
vehicles
transporting
loads,
including
but
not
limited
to
the
25
enforcement
of
motor
vehicle
laws
relating
to
the
operating
26
authority,
registration,
size,
weight,
and
load
of
motor
27
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
28
interstate
transportation
service
with
the
department.
29
3.
Employees
designated
as
peace
officers
pursuant
to
30
this
section
shall
not
exercise
the
general
powers
of
a
peace
31
officer
set
forth
in
this
section
within
the
limits
of
any
32
city,
except
as
follows:
33
a.
When
so
ordered
by
the
direction
of
the
governor.
34
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
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approval
of
the
director.
1
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
2
any
county,
with
the
approval
of
the
director.
3
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
4
law
violations.
5
e.
While
making
any
inspection
provided
by
this
chapter
,
or
6
any
additional
inspection
ordered
by
the
director.
7
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
8
relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
9
drugs.
10
4.
The
limitations
specified
in
subsection
3
shall
in
no
way
11
be
construed
as
a
limitation
on
the
power
ability
of
employees
12
designated
as
peace
officers
pursuant
to
this
section
when
a
13
public
offense
is
being
committed
in
their
presence
to
use
14
force
in
defense
of
life
or
property
.
15
5.
The
department
shall
submit
a
report
to
the
general
16
assembly
on
or
before
December
1
of
each
year
that
details
the
17
nature
and
scope
of
enforcement
activities
conducted
in
the
18
previous
fiscal
year
by
employees
designated
as
peace
officers
19
pursuant
to
this
section
who
are
assigned
to
the
supervision
20
of
the
highways
of
this
state.
The
report
shall
include
a
21
comparison
of
commercial
and
noncommercial
motor
vehicle
22
enforcement
activities
conducted
by
such
employees.
23
6.
5.
The
maximum
age
for
a
person
employed
as
a
peace
24
officer
pursuant
to
this
section
is
sixty-five
years
of
age.
25
Sec.
20.
Section
321.481,
Code
2023,
is
amended
to
read
as
26
follows:
27
321.481
No
impairment
of
other
authority.
28
Nothing
in
sections
321.476
through
321.480
321.479
shall
be
29
so
construed
as
to
limit
or
impair
the
authority
or
duties
of
30
other
peace
officers
in
the
enforcement
of
the
motor
vehicle
31
laws
or
any
portion
thereof.
32
Sec.
21.
Section
325A.10,
Code
2023,
is
amended
to
read
as
33
follows:
34
325A.10
Rules
for
operation.
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The
department
of
public
safety,
in
consultation
with
the
1
department
of
transportation,
shall
adopt
rules
pursuant
to
2
chapter
17A
as
necessary
to
govern
and
control
the
operation,
3
maintenance,
and
inspection
of
vehicles
covered
by
this
chapter
4
upon
the
highways.
5
Sec.
22.
Section
602.8108,
subsection
8,
Code
2023,
is
6
amended
to
read
as
follows:
7
8.
The
state
court
administrator
shall
allocate
all
of
the
8
fines
and
fees
attributable
to
commercial
vehicle
violation
9
citations
issued
by
motor
vehicle
division
personnel
of
10
the
state
department
of
transportation
public
safety
to
the
11
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
12
Sec.
23.
REPEAL.
2017
Iowa
Acts,
chapter
149,
section
4,
as
13
amended
by
2018
Iowa
Acts,
chapter
1170,
section
3,
2019
Iowa
14
Acts,
chapter
7,
section
1,
and
2022
Iowa
Acts,
chapter
1082,
15
section
1,
is
repealed.
16
Sec.
24.
REPEAL.
Sections
321.480
and
327B.2,
Code
2023,
17
are
repealed.
18
Sec.
25.
TRANSFERS.
19
1.
There
is
transferred
from
the
department
of
20
transportation’s
asset
forfeiture
fund
to
the
department
21
of
public
safety’s
asset
forfeiture
fund
the
amount
of
22
unencumbered
or
unobligated
moneys
remaining
in
the
department
23
of
transportation’s
asset
forfeiture
fund.
24
2.
a.
The
Iowa
public
employees’
retirement
system
25
shall
perform
a
trustee-to-trustee
lump
sum
transfer
to
the
26
Iowa
department
of
public
safety
peace
officers’
retirement,
27
accident,
and
disability
system.
The
transfer
shall
include
an
28
amount
consisting
of
the
accumulated
contributions
by
members
29
transferred
to
the
peace
officers’
retirement,
accident,
and
30
disability
system
pursuant
to
this
Act
and
every
transferred
31
member’s
share
of
the
accumulated
employer
contributions
as
32
defined
in
section
97B.53.
The
transfer
shall
not
be
deemed
33
to
be
a
termination
of
a
member’s
plan
and
an
affected
member
34
shall
not
be
entitled
to
a
distribution
of
the
moneys
as
a
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result
of
the
member’s
transfer.
1
b.
Upon
completion
of
the
transfer,
the
Iowa
department
2
of
public
safety
peace
officers’
retirement,
accident,
and
3
disability
system
shall
engage
an
actuary
to
determine
the
4
actuarial
cost
of
the
remaining
transfer.
For
purposes
of
this
5
paragraph,
“the
actuarial
cost
of
the
remaining
transfer”
is
an
6
amount
determined
by
the
peace
officers’
retirement,
accident,
7
and
disability
system
in
accordance
with
actuarial
tables
which
8
reflects
the
actuarial
cost
necessary
to
fund
the
increased
9
retirement
allowances
less
the
amount
transferred
by
the
Iowa
10
public
employees’
retirement
system.
11
c.
Once
the
transfer
is
completed,
the
transferred
members
12
shall
forfeit
all
rights,
including
service
credit
and
13
benefits,
under
chapter
97B;
shall
be
treated
as
members
under
14
chapter
97A;
and
shall
be
vested
in
a
benefit
under
chapter
97A
15
that
shall
not
be
less
than
the
benefit
to
which
the
member
was
16
entitled
under
chapter
97B
at
the
time
of
the
transfer.
17
Sec.
26.
TRANSITION
——
RULES.
18
1.
a.
Effective
July
1,
2023,
peace
officers
of
the
19
department
of
public
safety
shall
assume
the
duties,
powers,
20
and
responsibilities
of
peace
officers
designated
by
the
21
department
of
transportation
under
section
321.477,
Code
22
2023,
who
are
assigned
to
the
supervision
of
the
highways
23
of
this
state.
On
or
before
July
1,
2023,
the
department
24
of
transportation
and
the
department
of
public
safety,
in
25
consultation
with
the
department
of
administrative
services,
26
shall
identify
and
transfer
affected
positions
and
incumbent
27
peace
officer
and
civilian
employees
from
the
department
of
28
transportation
to
the
department
of
public
safety.
Former
29
peace
officer
employees
of
the
department
of
transportation
30
who
are
covered
by
a
collective
bargaining
agreement
and
who
31
are
reassigned
shall
be
placed
in
an
existing
department
of
32
public
safety
peace
officer
classification
within
the
state
33
police
officers
council
bargaining
unit,
without
loss
of
34
seniority
or
loss
of
pay
accrued
while
serving
as
a
peace
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officer.
Any
peace
officer
so
reassigned
shall
be
entitled
to
1
all
rights,
privileges,
and
benefits
of
the
peace
officer’s
new
2
classification,
including
longevity
pay
pursuant
to
section
3
80.6
as
calculated
based
upon
years
of
service
in
a
peace
4
officer
position,
within
the
state
police
officers
council
5
bargaining
unit
as
of
the
effective
date
of
the
employee’s
6
reassignment.
7
b.
The
department
of
public
safety
shall
honor
a
final
8
offer
of
employment
made
by
the
department
of
transportation
9
to
a
person
who
has
not
accepted
the
offer
by
July
1,
2023,
10
if
the
employment
offer
is
to
fill
a
position
that
will
be
11
transitioned
to
the
department
of
public
safety
under
this
12
Act.
Such
persons
shall
be
assigned
to
the
state
patrol
upon
13
completion
of
the
department
of
public
safety
academy
training,
14
and
are
entitled
to
all
rights,
privileges,
and
benefits
of
15
similarly
reassigned
positions
and
transitioned
incumbent
peace
16
officer
employees
from
the
department
of
transportation.
17
2.
On
or
before
July
1,
2023,
the
department
of
18
transportation
shall
provide
all
appropriate
documentation
19
and
data
required
for
motor
carrier
safety
assistance
program
20
activities,
including
but
not
limited
to
those
relating
to
21
the
reimbursement
of
expenses,
for
reporting
purposes
to
the
22
department
of
public
safety,
and
any
other
documentation
and
23
data
required
by
the
department
of
public
safety
to
comply
with
24
federal
law
or
for
purposes
of
the
transition
provided
for
in
25
this
Act.
26
3.
On
or
before
July
1,
2023,
the
department
of
27
transportation
shall
cooperate
with
the
department
of
public
28
safety
to
ensure
the
department
of
public
safety
is
aware
of
29
the
rules
the
department
of
transportation
adopted
relating
30
to
administering
and
enforcing
commercial
motor
vehicle
31
violations.
The
department
of
public
safety
shall
inform
the
32
administrative
code
editor
of
the
applicable
rules
that
need
33
to
be
transferred.
Any
such
rule
adopted
by
the
department
of
34
transportation
shall
continue
in
full
force
and
effect
until
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the
rule
is
transferred
to
the
department
of
public
safety.
1
Sec.
27.
REPORT
TO
GENERAL
ASSEMBLY.
The
department
2
of
public
safety,
in
consultation
with
the
department
of
3
transportation,
shall
submit
a
report
to
the
general
assembly
4
on
or
before
December
1,
2023,
regarding
the
transfer
of
5
peace
officers
from
the
department
of
transportation
to
the
6
department
of
public
safety
in
accordance
with
this
Act.
7
The
report
shall
include
but
is
not
limited
to
the
actual
8
expenditures
already
made
and
the
anticipated
remaining
9
expenditures
to
be
made
by
both
departments
to
complete
the
10
transition,
the
moneys
transferred
from
the
department
of
11
transportation’s
asset
forfeiture
fund
to
the
department
of
12
public
safety’s
asset
forfeiture
fund,
the
moneys
transferred
13
from
the
Iowa
public
employees’
retirement
system
to
the
14
Iowa
department
of
public
safety
peace
officers’
retirement,
15
accident,
and
disability
system,
and
any
equipment
costs
16
incurred
by
either
department
prior
to
the
reporting
date.
17
Sec.
28.
EFFECTIVE
DATE.
The
following,
being
deemed
of
18
immediate
importance,
take
effect
upon
enactment:
19
1.
The
section
of
this
Act
repealing
2017
Iowa
Acts,
chapter
20
149,
section
4.
21
2.
The
section
of
this
Act
setting
forth
transition
22
provisions.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
BACKGROUND.
Under
current
law,
the
department
of
public
27
safety
(DPS)
is
charged
with,
among
other
things,
preventing
28
crime
and
detecting
and
apprehending
criminals.
The
division
29
of
state
patrol
(state
patrol)
is
established
within
DPS.
The
30
state
patrol
is
required
to
enforce
the
provisions
of
Code
31
chapter
321
(motor
vehicles
and
law
of
the
road)
relating
32
to
traffic
on
public
highways,
including
those
relating
to
33
the
safe
and
legal
operation
of
passenger
cars,
motorcycles,
34
motor
trucks,
and
buses,
and
to
see
that
proper
safety
rules
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are
observed.
In
addition,
the
state
patrol
must
investigate
1
and
assist
in
the
examination
and
identification
of
stolen,
2
altered,
or
forfeited
vehicles.
3
The
department
of
transportation
(DOT)
is
responsible
4
for
the
planning,
development,
regulation,
and
improvement
5
of
transportation
as
provided
by
law.
DOT
is
authorized
to
6
designate
certain
employees
as
peace
officers,
who
are
assigned
7
to
DOT’s
office
of
motor
vehicle
enforcement
(MVE).
MVE
8
officers
must
spend
the
preponderance
of
their
time
conducting
9
enforcement
activities
that
assure
the
safe
and
lawful
10
movement
and
operation
of
commercial
motor
vehicles
(CMVs)
and
11
vehicles
transporting
loads,
including
but
not
limited
to
the
12
enforcement
of
motor
vehicle
laws
relating
to
the
operating
13
authority,
registration,
size,
weight,
and
load
of
motor
14
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
15
interstate
transportation
service
with
DOT.
16
DOT
and
DPS
are
required
to
cooperate
to
ensure
the
proper
17
and
adequate
enforcement
of
the
provisions
of
Code
chapter
321.
18
TRANSITION
——
DOT
TO
DPS.
This
bill
provides
for
the
19
transition
of
certain
MVE
employees
from
DOT
to
DPS.
20
Effective
July
1,
2023,
DPS
peace
officers
will
assume
the
21
responsibilities
and
duties
of
MVE
officers
so
transferred.
22
On
or
before
July
1,
2023,
DOT
and
DPS,
in
consultation
with
23
the
department
of
administrative
services,
must
identify
and
24
transfer
affected
positions
and
incumbent
civilian
and
MVE
25
officer
employees
from
DOT
to
DPS.
Transferred
MVE
peace
26
officers
will
become
peace
officers
in
the
state
patrol.
27
The
bill
transfers
to
the
state
patrol
responsibility
for,
28
among
other
duties,
conducting
enforcement
activities
that
29
ensure
the
safe
and
lawful
movement
and
operation
of
CMVs
30
and
vehicles
transporting
loads.
The
state
patrol
is
tasked
31
with
enforcing
motor
vehicle
laws
relating
to
the
operating
32
authority,
registration,
size,
weight,
and
load
of
motor
33
vehicles
and
trailers.
34
The
bill
requires
DPS
to
adopt
rules
relating
to
the
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enforcement
of
rules
regarding
transportation
of
hazardous
1
materials,
rules
regulating
how
a
person
may
operate
a
CMV
on
2
highways,
rules
concerning
the
hours
of
service
for
drivers
of
3
vehicles
operated
for
hire
and
designed
to
transport
seven
or
4
more
persons,
and
rules
necessary
to
govern
and
control
the
5
operation,
maintenance,
and
inspections
of
vehicles
operating
6
under
motor
carrier
authority.
DPS
is
required
to
submit
a
7
report
annually
to
the
general
assembly
detailing
the
nature
8
and
scope
of
enforcement
activities
relating
to
CMVs.
DPS
9
is
also
required
to
submit
a
report
to
the
general
assembly
10
on
or
before
December
1,
2023,
regarding
the
progress
of
the
11
transitions
and
transfers
required
in
the
bill.
12
Under
current
law,
MVE
officers
are
authorized
to
enforce
13
federal
motor
carrier
safety
rules
adopted
by
DOT.
Pursuant
to
14
such
authorization,
MVE
officers
may
enter
a
motor
carrier’s
15
place
of
business
for
the
purpose
of
performing
a
motor
carrier
16
safety
audit
or
compliance
review.
An
MVE
officer
is
also
17
authorized
to
inspect
and
copy
motor
carrier
records
required
18
by
federal
law.
The
bill
authorizes
DPS
peace
officers
to
19
perform
a
safety
audit
or
compliance
review
or
inspect
motor
20
carrier
records.
21
RETIREMENT
AND
LONGEVITY
PAY.
DOT
employees
are
members
22
of,
and
receive
benefits
from,
the
Iowa
public
employees’
23
retirement
system
(IPERS)
(Code
chapter
97B).
DPS
officers
24
are
members
of,
and
receive
benefits
from,
the
peace
officers’
25
retirement,
accident,
and
disability
system
(Code
chapter
97A).
26
Under
the
bill,
a
transferred
MVE
officer
who
has
10
or
more
27
years
of
membership
service
in
IPERS
on
July
1,
2023,
will
28
remain
a
member
of
IPERS
and
will
continue
to
be
considered
an
29
employee
in
a
protection
occupation.
A
transferred
MVE
officer
30
who
has
fewer
than
10
years
of
membership
service
in
IPERS
will
31
become
a
member
of
the
peace
officers’
retirement,
accident,
32
and
disability
system.
A
person
who
is
employed
by
DOT
and
33
retains
limited
authority
of
a
peace
officer
pursuant
to
the
34
bill
remains
a
member
of
IPERS
and
continues
to
be
considered
35
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an
employee
in
a
protection
occupation.
A
transferred
MVE
1
officer
retains
all
rights
to
longevity
pay.
2
REMAINING
DOT
OFFICERS.
The
bill
authorizes
DOT
to
3
designate
certain
employees
who
have
limited
authority
as
4
peace
officers.
The
limited
authority
includes
the
ability
to
5
investigate
and
enforce
laws
relating
to
motor
vehicle
records,
6
documents,
credentials,
procedures,
and
revenues,
including
7
but
not
limited
to
crimes
and
abuse
of
authority
associated
8
with
fraud,
identity
theft,
vehicle
titles
and
registration,
9
dealer
licenses,
and
authorized
vehicle
recycler
licenses;
and
10
relating
to
motor
vehicle
fraud
including
but
not
limited
to
11
state
and
federal
odometer
laws.
Employees
designated
by
DOT
12
as
peace
officers
are
authorized
under
the
bill
to
use
force
in
13
emergent
circumstances
and
in
defense
of
life
or
property.
14
FINES
——
ROAD
USE
TAX
FUND.
The
bill
requires
the
state
15
court
administrator
to
allocate
all
of
the
fines
and
fees
16
attributable
to
CMV
citations
issued
by
DPS,
rather
than
DOT,
17
to
the
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
18
Under
current
law,
moneys
credited
to
the
road
use
tax
fund
are
19
prohibited
from
being
appropriated
for
the
payment
of
salaries,
20
support,
or
maintenance
of
any
personnel
in
DPS
(Code
section
21
312.9).
The
bill
does
not
modify
this
prohibition.
22
MISCELLANEOUS.
The
bill
makes
corresponding
changes
23
throughout
the
Code,
transfers
remaining
moneys
from
DOT’s
24
asset
forfeiture
fund
to
DPS’s
asset
forfeiture
fund,
provides
25
for
a
lump
sum
transfer
from
IPERS
to
the
peace
officers’
26
retirement,
accident,
and
disability
system,
requires
DPS
to
27
honor
certain
employment
offers
by
DOT,
provides
for
transition
28
provisions
including
the
transfer
of
applicable
documentation
29
and
data,
and
allows
for
the
transfer
of
administrative
rules
30
from
DOT
to
DPS.
31
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