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Senate File 513 - IntroducedA Bill ForAn Act 1relating to motor vehicle enforcement duties of
2the department of public safety and the department of
3transportation, providing transfers of moneys, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80.5, subsection 2, Code 2023, is amended
2to read as follows:
32. The state patrol is established in the department. The
4patrol shall be under the direction of the commissioner. The
5number of supervisory officers shall be in proportion to the
6membership of the state patrol. The department shall maintain
7a vehicle theft unit in the state patrol to investigate
8and assist in the examination and identification of stolen,
9altered, or forfeited vehicles. In addition to other duties,
10powers, and responsibilities prescribed by law, the state
11patrol shall conduct enforcement activities that ensure the
12safe and lawful movement and operation of commercial motor
13vehicles and vehicles transporting loads, including but not
14limited to the enforcement of motor vehicle laws relating to
15the operating authority, registration, size, weight, and load
16of motor vehicles and trailers.
17 Sec. 2. Section 80.5, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 10. The department of public safety
20shall adopt, after consultation with the department of
21transportation, rules relating to enforcement of motor vehicle
22laws, including but not limited to laws governing the safe
23movement and operation of commercial motor vehicles and
24vehicles transporting loads. The state patrol shall carry out
25the enforcement of the rules, in accordance with state law.
26 NEW SUBSECTION. 11. The department of public safety shall
27adopt, after consultation with the department of natural
28resources and the department of transportation, rules relating
29to enforcement of the rules regarding transportation of
30hazardous wastes adopted by the department of natural resources
31and the department of transportation. The state patrol shall
32carry out the enforcement of the rules, in accordance with
33state law.
34 NEW SUBSECTION. 12. The department shall submit a report to
35the general assembly on or before December 1 of each year that
-1-1details the nature and scope of enforcement activities that
2ensure the safe and lawful movement and operation of commercial
3motor vehicles and vehicles transporting loads conducted by
4members of the state patrol assigned to such enforcement
5activities in the previous year. The report shall include
6a comparison of commercial and noncommercial motor vehicle
7enforcement activities conducted by such members of the state
8patrol.
9 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
10is amended to read as follows:
11k. A member of the office of motor vehicle enforcement of
12 the department of transportation involved with the enforcement
13activities set forth in section 321.477.
14 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
17person who is a designated peace officer in the department of
18transportation under section 321.477, Code 2023, as of June 30,
192023, who has fewer than ten years of membership service, and
20who is transferred to the department of public safety pursuant
21to this Act, shall be a member of the Iowa department of public
22safety peace officers’ retirement, accident, and disability
23system established in chapter 97A.
24b. Commencing July 1, 2023, a person who is a designated
25peace officer in the department of transportation under section
26321.477, Code 2023, as of June 30, 2023, who has ten or more
27years of membership service, and who is transferred to the
28department of public safety pursuant to this Act, shall remain
29a member of the Iowa public employees’ retirement system.
30 Sec. 5. Section 97B.49B, subsection 1, paragraph e,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) (a) An employee of the state department of
33transportation who is designated as a “peace officer” by
34resolution under section 321.477, but only if the employee
35retires on or after July 1, 1990. For purposes of this
-2-1subparagraph, service as a traffic weight officer employed
2by the highway commission prior to the creation of the state
3department of transportation or as a peace officer employed by
4the Iowa state commerce commission prior to the creation of
5the state department of transportation shall be included in
6computing the employee’s years of membership service.
7(b) An employee of the department of public safety described
8in section 97B.42B, subsection 4A, paragraph “b”.
9 Sec. 6. Section 152C.5B, subsection 1, paragraph b,
10subparagraph (5), Code 2023, is amended by striking the
11subparagraph.
12 Sec. 7. Section 157.4A, subsection 1, paragraph b,
13subparagraph (5), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 8. Section 307.12, subsection 1, paragraph n, Code
162023, is amended to read as follows:
17n. Adopt, after consultation with the department of
18natural resources and the department of public safety, rules
19relating to enforcement of the rules regarding transportation
20of hazardous wastes adopted by the department of natural
21resources. The department of transportation and the division
22of state patrol of the department of public safety shall carry
23out the enforcement of the rules, as otherwise authorized by
24law.
25 Sec. 9. Section 307.48, Code 2023, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3. An employee of the office of motor
28vehicle enforcement of the department of transportation on June
2930, 2023, who is transferred to the department of public safety
30pursuant to this Act, retains all rights to longevity pay.
31 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
32to read as follows:
332. The division of state patrol of the department of public
34safety shall enforce the provisions of this chapter, rules
35adopted by the department of transportation, and rules adopted
-3-1by the department of public safety relating to traffic on the
2public highways of the state, including those relating to the
3safe and legal operation of passenger cars, motorcycles, motor
4trucks, and buses, and other commercial motor vehicles, and to
5see that proper safety rules are observed.
6 Sec. 11. Section 321.266, subsection 4, Code 2023, is
7amended to read as follows:
84. Notwithstanding section 455B.386, a carrier transporting
9hazardous material upon a public highway in this state, in
10the case of an accident involving the transportation of the
11hazardous material, shall immediately notify the police radio
12broadcasting system established pursuant to section 693.1 or
13shall notify a peace officer of the county or city in which
14the accident occurs. When a local law enforcement agency is
15informed of the accident, the agency shall notify the state
16patrol and the state department of transportation office of
17motor vehicle enforcement. A person who violates a provision
18of this subsection is guilty of a serious misdemeanor.
19 Sec. 12. Section 321.449, subsection 8, Code 2023, is
20amended to read as follows:
218. In the course of enforcing the motor carrier safety
22rules adopted by the department of transportation under chapter
2317A, the department’s department of public safety’s peace
24officers are authorized, at reasonable times and places and
25with reasonable notice, to enter a motor carrier’s place of
26business for the purpose of performing a motor carrier safety
27audit or compliance review. Nothing in this subsection by
28itself permits the seizure of the property of a motor carrier.
29Any audit or review shall be conducted in compliance with the
30federal motor carrier safety regulations in 49 C.F.R. pts.105
31– 185, 382, 383, 385, and 390 – 399. A peace officer of the
32department of public safety is authorized to inspect and copy
33motor carrier records required by 49 C.F.R. pts.105 – 185,
34382, 383, 385, and 390 – 399.
35 Sec. 13. Section 321.450, subsection 1, Code 2023, is
-4-1amended to read as follows:
21. A person shall not transport or have transported or
3shipped within this state any hazardous material except
4in compliance with rules adopted by the department of
5transportation, in consultation with the department of natural
6resources, under chapter 17A. The rules shall be consistent
7with the federal hazardous materials regulations adopted under
8United States Code, Tit.49, and found in 49 C.F.R. pts.107,
9171 to 173, 177, 178, and 180.
10 Sec. 14. Section 321.463, subsection 5, paragraph b, Code
112023, is amended to read as follows:
12b. Notwithstanding any provision of law to the contrary,
13a motor vehicle described in paragraph “a” equipped with an
14auxiliary power or idle reduction technology unit that reduces
15fuel use and emissions during engine idling may exceed any
16applicable maximum gross weight limit under this chapter by
17five hundred fifty pounds or the weight of the auxiliary power
18or idle reduction technology unit, whichever is less. This
19paragraph “b” shall does not apply unless the operator of
20the vehicle provides to the department of public safety a
21written certification of the weight of the auxiliary power
22or idle reduction technology unit, demonstrates or certifies
23to the department of public safety that the idle reduction
24technology unit is fully functional at all times, and carries
25with the operator the written certification of the weight of
26the auxiliary power or idle reduction technology unit in the
27vehicle at all times to present to law enforcement in the event
28the vehicle is suspected of violating any applicable weight
29restrictions.
30 Sec. 15. Section 321.476, subsection 1, Code 2023, is
31amended to read as follows:
321. a. Authority is hereby given to the A member of the
33state patrol of the department to stop of public safety is
34authorized to do any of the following:
35a. Stopany motor vehicle or trailer on the highways for the
-5-1purposes of weighing and inspection, to weigh and inspect the
2same and to enforce the provisions of the motor vehicle laws
3relating to the registration, size, weight, and load of motor
4vehicles and trailers.
5b. Authority is also hereby granted to subject to weighing
6and inspection, Weigh and inspect vehicles which have moved
7from a highway onto private property under circumstances which
8indicate that the load of the vehicle, if any, is substantially
9the same as the load which the vehicle carried before moving
10onto the private property.
11 Sec. 16. Section 321.477, Code 2023, is amended to read as
12follows:
13321.477 Employees as peace officers — maximum age.
141. The department may designate by resolution certain of its
15employees upon each of whom there is conferred the authority
16of a peace officer to enforce all laws of the state including
17but not limited to the rules and regulations of the department
18 investigate and enforce all of the following:
19a. Laws relating to motor vehicle records, documents,
20credentials, procedures, and revenues, including but not
21limited to crimes and abuse of authority associated with
22fraud, identity theft, vehicle titles and registration, dealer
23licenses, and authorized vehicle recycler licenses.
24b. Laws relating to motor vehicle fraud including but not
25limited to the state and federal odometer laws, including as
26provided in sections 307.37 and 321.71.
272. Employees designated as peace officers pursuant to this
28section shall have the same powers conferred by law on peace
29officers for the enforcement of all laws of this state and the
30apprehension of violators.
312. Employees designated as peace officers pursuant to this
32section who are assigned to the supervision of the highways
33of this state shall spend the preponderance of their time
34conducting enforcement activities that assure the safe and
35lawful movement and operation of commercial motor vehicles and
-6-1vehicles transporting loads, including but not limited to the
2enforcement of motor vehicle laws relating to the operating
3authority, registration, size, weight, and load of motor
4vehicles and trailers, and registration of a motor carrier’s
5interstate transportation service with the department.
63. Employees designated as peace officers pursuant to
7this section shall not exercise the general powers of a peace
8officer set forth in this section within the limits of any
9city, except as follows:
10a. When so ordered by the direction of the governor.
11b. When request is made by the mayor of any city, with the
12approval of the director.
13c. When request is made by the sheriff or county attorney of
14any county, with the approval of the director.
15d. While in the pursuit of law violators or in investigating
16law violations.
17e. While making any inspection provided by this chapter, or
18any additional inspection ordered by the director.
19f. When engaged in the investigation and enforcement of laws
20relating to narcotic, counterfeit, stimulant, and depressant
21drugs.
224. The limitations specified in subsection 3 shall in no
23way be construed as a limitation on the power of employees
24designated as peace officers pursuant to this section when a
25public offense is being committed in their presence.
265. The department shall submit a report to the general
27assembly on or before December 1 of each year that details the
28nature and scope of enforcement activities conducted in the
29previous fiscal year by employees designated as peace officers
30pursuant to this section who are assigned to the supervision
31of the highways of this state. The report shall include a
32comparison of commercial and noncommercial motor vehicle
33enforcement activities conducted by such employees.
346. 4. The maximum age for a person employed as a peace
35officer pursuant to this section is sixty-five years of age.
-7-1 Sec. 17. Section 321.481, Code 2023, is amended to read as
2follows:
3321.481 No impairment of other authority.
4Nothing in sections 321.476 through 321.480 321.479 shall be
5so construed as to limit or impair the authority or duties of
6other peace officers in the enforcement of the motor vehicle
7laws or any portion thereof.
8 Sec. 18. Section 325A.10, Code 2023, is amended to read as
9follows:
10325A.10 Rules for operation.
111. The department shall adopt rules pursuant to chapter
1217A as necessary to govern and control the operation, and
13 maintenance, and inspection of vehicles covered by this chapter
14upon the highways.
152. The department of public safety shall adopt rules
16pursuant to chapter 17A as necessary to govern the inspection
17of vehicles covered by this chapter upon the highways.
18 Sec. 19. Section 602.8108, subsection 8, Code 2023, is
19amended to read as follows:
208. The state court administrator shall allocate all of the
21fines and fees attributable to commercial vehicle violation
22citations issued by motor vehicle division personnel of
23the state department of transportation public safety to the
24treasurer of state for deposit in the road use tax fund.
25 Sec. 20. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
26amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
27Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
28section 1, is repealed.
29 Sec. 21. REPEAL. Sections 321.480 and 327B.2, Code 2023,
30are repealed.
31 Sec. 22. TRANSFERS.
321. There is transferred from the department of
33transportation’s asset forfeiture fund to the department
34of public safety’s asset forfeiture fund the amount of
35unencumbered or unobligated moneys remaining in the department
-8-1of transportation’s asset forfeiture fund.
22. The amount transferred pursuant to subsection 1 shall be
3used in compliance with applicable law for costs incurred by
4the department of public safety for the transition provided for
5in this Act.
63. a. The Iowa public employees’ retirement system
7shall perform a trustee-to-trustee lump sum transfer to the
8Iowa department of public safety peace officers’ retirement,
9accident, and disability system. The transfer shall include an
10amount consisting of the accumulated contributions by members
11transferred to the peace officers’ retirement, accident, and
12disability system pursuant to this Act and every transferred
13member’s share of the accumulated employer contributions as
14defined in section 97B.53. The transfer shall not be deemed
15to be a termination of a member’s plan and an affected member
16shall not be entitled to a distribution of the moneys as a
17result of the member’s transfer.
18b. Upon completion of the transfer, the Iowa department
19of public safety peace officers’ retirement, accident, and
20disability system shall engage an actuary to determine the
21actuarial cost of the remaining transfer. For purposes of this
22paragraph, “the actuarial cost of the remaining transfer” is an
23amount determined by the peace officers’ retirement, accident,
24and disability system in accordance with actuarial tables which
25reflects the actuarial cost necessary to fund the increased
26retirement allowances less the amount transferred by the Iowa
27public employees’ retirement system.
28c. Once the transfer is completed, the transferred members
29shall forfeit all rights, including service credit and
30benefits, under chapter 97B; shall be treated as members under
31chapter 97A; and shall be vested in a benefit under chapter 97A
32that shall not be less than the benefit to which the member was
33entitled under chapter 97B at the time of the transfer.
34 Sec. 23. TRANSITION — RULES.
351. a. Effective July 1, 2023, peace officers of the
-9-1department of public safety shall assume the duties, powers,
2and responsibilities of peace officers designated by the
3department of transportation under section 321.477, Code
42023, who are assigned to the supervision of the highways
5of this state. On or before July 1, 2023, the department
6of transportation and the department of public safety, in
7consultation with the department of administrative services,
8shall identify and transfer affected positions and incumbent
9peace officer and civilian employees from the department of
10transportation to the department of public safety. Former
11peace officer employees of the department of transportation
12who are covered by a collective bargaining agreement and who
13are reassigned shall be placed in an existing department of
14public safety peace officer classification within the state
15police officers council bargaining unit, without loss of
16seniority or loss of pay accrued while serving as a peace
17officer. Any peace officer so reassigned shall be entitled to
18all rights, privileges, and benefits of the peace officer’s new
19classification, including longevity pay pursuant to section
2080.6 as calculated based upon years of service in a peace
21officer position, within the state police officers council
22bargaining unit as of the effective date of the employee’s
23reassignment.
24b. The department of public safety shall honor a final
25offer of employment made by the department of transportation
26to a person who has not accepted the offer by July 1, 2023,
27if the employment offer is to fill a position that will be
28transitioned to the department of public safety under this
29Act. Such persons shall be assigned to the state patrol upon
30completion of the department of public safety academy training,
31and are entitled to all rights, privileges, and benefits of
32similarly reassigned positions and transitioned incumbent peace
33officer employees from the department of transportation.
342. On or before July 1, 2023, the department of
35transportation shall provide all appropriate documentation
-10-1and data required for motor carrier safety assistance program
2activities, including but not limited to those relating to
3the reimbursement of expenses, for reporting purposes to the
4department of public safety, and any other documentation and
5data required by the department of public safety to comply with
6federal law or for purposes of the transition provided for in
7this Act.
83. On or before July 1, 2023, the department of
9transportation shall cooperate with the department of public
10safety to ensure the department of public safety is aware of
11the rules the department of transportation adopted relating
12to administering and enforcing commercial motor vehicle
13violations. The department of public safety shall inform the
14administrative code editor of the applicable rules that need
15to be transferred. Any such rule adopted by the department of
16transportation shall continue in full force and effect until
17the rule is transferred to the department of public safety.
18 Sec. 24. REPORT TO GENERAL ASSEMBLY. The department
19of public safety, in consultation with the department of
20transportation, shall submit a report to the general assembly
21on or before December 1, 2023, regarding the transfer of
22peace officers from the department of transportation to the
23department of public safety in accordance with this Act.
24The report shall include but is not limited to the actual
25expenditures already made and the anticipated remaining
26expenditures to be made by both departments to complete the
27transition, the moneys transferred from the department of
28transportation’s asset forfeiture fund to the department of
29public safety’s asset forfeiture fund, the moneys transferred
30from the Iowa public employees’ retirement system to the
31Iowa department of public safety peace officers’ retirement,
32accident, and disability system, and any equipment costs
33incurred by either department prior to the reporting date.
34 Sec. 25. EFFECTIVE DATE. The following, being deemed of
35immediate importance, take effect upon enactment:
-11- 11. The section of this Act repealing 2017 Iowa Acts, chapter
2149, section 4.
32. The section of this Act setting forth transition
4provisions.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8BACKGROUND. Under current law, the department of public
9safety (DPS) is charged with, among other things, preventing
10crime and detecting and apprehending criminals. The division
11of state patrol (state patrol) is established within DPS. The
12state patrol is required to enforce the provisions of Code
13chapter 321 (motor vehicles and law of the road) relating
14to traffic on public highways, including those relating to
15the safe and legal operation of passenger cars, motorcycles,
16motor trucks, and buses, and to see that proper safety rules
17are observed. In addition, the state patrol must investigate
18and assist in the examination and identification of stolen,
19altered, or forfeited vehicles.
20The department of transportation (DOT) is responsible
21for the planning, development, regulation, and improvement
22of transportation as provided by law. DOT is authorized to
23designate certain employees as peace officers, who are assigned
24to DOT’s office of motor vehicle enforcement (MVE). MVE
25officers must spend the preponderance of their time conducting
26enforcement activities that assure the safe and lawful
27movement and operation of commercial motor vehicles (CMVs) and
28vehicles transporting loads, including but not limited to the
29enforcement of motor vehicle laws relating to the operating
30authority, registration, size, weight, and load of motor
31vehicles and trailers, and registration of a motor carrier’s
32interstate transportation service with DOT.
33DOT and DPS are required to cooperate to ensure the proper
34and adequate enforcement of the provisions of Code chapter 321.
35TRANSITION — DOT TO DPS. This bill provides for the
-12-1transition of certain MVE employees from DOT to DPS.
2 Effective July 1, 2023, DPS peace officers will assume the
3responsibilities and duties of MVE officers so transferred.
4On or before July 1, 2023, DOT and DPS, in consultation with
5the department of administrative services, must identify and
6transfer affected positions and incumbent civilian and MVE
7officer employees from DOT to DPS. Transferred MVE peace
8officers will become peace officers in the state patrol.
9The bill transfers to the state patrol responsibility for,
10among other duties, conducting enforcement activities that
11ensure the safe and lawful movement and operation of CMVs
12and vehicles transporting loads. The state patrol is tasked
13with enforcing motor vehicle laws relating to the operating
14authority, registration, size, weight, and load of motor
15vehicles and trailers, and enforcing applicable rules adopted
16by DOT and DPS.
17The bill requires DPS to adopt rules relating to (1) the
18enforcement of motor vehicle laws, including laws governing the
19safe movement and operation of CMVs and vehicles transporting
20loads and (2) rules regarding enforcement of rules for
21transportation of hazardous materials. DPS is required to
22submit a report annually to the general assembly detailing the
23nature and scope of enforcement activities relating to CMVs.
24DPS is also required to submit a report to the general assembly
25on or before December 1, 2023, regarding the progress of the
26transitions and transfers required in the bill.
27Under current law, MVE officers are authorized to enforce
28federal motor carrier safety rules adopted by DOT. Pursuant to
29such authorization, MVE officers may enter a motor carrier’s
30place of business for the purpose of performing a motor carrier
31safety audit or compliance review. An MVE officer is also
32authorized to inspect and copy motor carrier records required
33by federal law. The bill authorizes DPS peace officers to
34perform a safety audit or compliance review or inspect motor
35carrier records.
-13- 1RETIREMENT AND LONGEVITY PAY. DOT employees are members
2of, and receive benefits from, the Iowa public employees’
3retirement system (IPERS) (Code chapter 97B). DPS officers
4are members of, and receive benefits from, the peace officers’
5retirement, accident, and disability system (Code chapter 97A).
6 Under the bill, a transferred MVE officer who has 10 or more
7years of membership service in IPERS on July 1, 2023, will
8remain a member of IPERS and will continue to be considered
9an employee in a protection occupation. A transferred MVE
10officer who has fewer than 10 years of membership service in
11IPERS will become a member of the peace officers’ retirement,
12accident, and disability system. A person who is employed
13by DOT and retains limited authority of a peace officer
14pursuant to the bill remains a member of IPERS and continues
15to be considered an employee in a protection occupation. A
16transferred MVE officer retains all rights to longevity pay.
17REMAINING DOT OFFICERS. The bill authorizes DOT to
18designate certain employees who have limited authority as
19peace officers. The limited authority includes the ability to
20investigate and enforce laws relating to motor vehicle records,
21documents, credentials, procedures, and revenues, including
22but not limited to crimes and abuse of authority associated
23with fraud, identity theft, vehicle titles and registration,
24dealer licenses, and authorized vehicle recycler licenses; and
25relating to motor vehicle fraud including but not limited to
26state and federal odometer laws.
27FINES — ROAD USE TAX FUND. The bill requires the state
28court administrator to allocate all of the fines and fees
29attributable to CMV citations issued by DPS, rather than DOT,
30to the treasurer of state for deposit in the road use tax fund.
31Under current law, moneys credited to the road use tax fund are
32prohibited from being appropriated for the payment of salaries,
33support, or maintenance of any personnel in DPS (Code section
34312.9). The bill does not modify this prohibition.
35MISCELLANEOUS. The bill makes corresponding changes
-14-1throughout the Code, transfers remaining moneys from DOT’s
2asset forfeiture fund to DPS’s asset forfeiture fund to be
3used in compliance with applicable law, provides for a lump
4sum transfer from IPERS to the peace officers’ retirement,
5accident, and disability system, requires DPS to honor certain
6employment offers by DOT, provides for transition provisions
7including the transfer of applicable documentation and data,
8and allows for the transfer of administrative rules from DOT
9to DPS.
-15-th/ns
2the department of public safety and the department of
3transportation, providing transfers of moneys, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80.5, subsection 2, Code 2023, is amended
2to read as follows:
32. The state patrol is established in the department. The
4patrol shall be under the direction of the commissioner. The
5number of supervisory officers shall be in proportion to the
6membership of the state patrol. The department shall maintain
7a vehicle theft unit in the state patrol to investigate
8and assist in the examination and identification of stolen,
9altered, or forfeited vehicles. In addition to other duties,
10powers, and responsibilities prescribed by law, the state
11patrol shall conduct enforcement activities that ensure the
12safe and lawful movement and operation of commercial motor
13vehicles and vehicles transporting loads, including but not
14limited to the enforcement of motor vehicle laws relating to
15the operating authority, registration, size, weight, and load
16of motor vehicles and trailers.
17 Sec. 2. Section 80.5, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 10. The department of public safety
20shall adopt, after consultation with the department of
21transportation, rules relating to enforcement of motor vehicle
22laws, including but not limited to laws governing the safe
23movement and operation of commercial motor vehicles and
24vehicles transporting loads. The state patrol shall carry out
25the enforcement of the rules, in accordance with state law.
26 NEW SUBSECTION. 11. The department of public safety shall
27adopt, after consultation with the department of natural
28resources and the department of transportation, rules relating
29to enforcement of the rules regarding transportation of
30hazardous wastes adopted by the department of natural resources
31and the department of transportation. The state patrol shall
32carry out the enforcement of the rules, in accordance with
33state law.
34 NEW SUBSECTION. 12. The department shall submit a report to
35the general assembly on or before December 1 of each year that
-1-1details the nature and scope of enforcement activities that
2ensure the safe and lawful movement and operation of commercial
3motor vehicles and vehicles transporting loads conducted by
4members of the state patrol assigned to such enforcement
5activities in the previous year. The report shall include
6a comparison of commercial and noncommercial motor vehicle
7enforcement activities conducted by such members of the state
8patrol.
9 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
10is amended to read as follows:
11k. A member of the office of motor vehicle enforcement of
12 the department of transportation involved with the enforcement
13activities set forth in section 321.477.
14 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
17person who is a designated peace officer in the department of
18transportation under section 321.477, Code 2023, as of June 30,
192023, who has fewer than ten years of membership service, and
20who is transferred to the department of public safety pursuant
21to this Act, shall be a member of the Iowa department of public
22safety peace officers’ retirement, accident, and disability
23system established in chapter 97A.
24b. Commencing July 1, 2023, a person who is a designated
25peace officer in the department of transportation under section
26321.477, Code 2023, as of June 30, 2023, who has ten or more
27years of membership service, and who is transferred to the
28department of public safety pursuant to this Act, shall remain
29a member of the Iowa public employees’ retirement system.
30 Sec. 5. Section 97B.49B, subsection 1, paragraph e,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) (a) An employee of the state department of
33transportation who is designated as a “peace officer” by
34resolution under section 321.477, but only if the employee
35retires on or after July 1, 1990. For purposes of this
-2-1subparagraph, service as a traffic weight officer employed
2by the highway commission prior to the creation of the state
3department of transportation or as a peace officer employed by
4the Iowa state commerce commission prior to the creation of
5the state department of transportation shall be included in
6computing the employee’s years of membership service.
7(b) An employee of the department of public safety described
8in section 97B.42B, subsection 4A, paragraph “b”.
9 Sec. 6. Section 152C.5B, subsection 1, paragraph b,
10subparagraph (5), Code 2023, is amended by striking the
11subparagraph.
12 Sec. 7. Section 157.4A, subsection 1, paragraph b,
13subparagraph (5), Code 2023, is amended by striking the
14subparagraph.
15 Sec. 8. Section 307.12, subsection 1, paragraph n, Code
162023, is amended to read as follows:
17n. Adopt, after consultation with the department of
18natural resources and the department of public safety, rules
19relating to enforcement of the rules regarding transportation
20of hazardous wastes adopted by the department of natural
21resources. The department of transportation and the division
22of state patrol of the department of public safety shall carry
23out the enforcement of the rules, as otherwise authorized by
24law.
25 Sec. 9. Section 307.48, Code 2023, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3. An employee of the office of motor
28vehicle enforcement of the department of transportation on June
2930, 2023, who is transferred to the department of public safety
30pursuant to this Act, retains all rights to longevity pay.
31 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
32to read as follows:
332. The division of state patrol of the department of public
34safety shall enforce the provisions of this chapter, rules
35adopted by the department of transportation, and rules adopted
-3-1by the department of public safety relating to traffic on the
2public highways of the state, including those relating to the
3safe and legal operation of passenger cars, motorcycles, motor
4trucks, and buses, and other commercial motor vehicles, and to
5see that proper safety rules are observed.
6 Sec. 11. Section 321.266, subsection 4, Code 2023, is
7amended to read as follows:
84. Notwithstanding section 455B.386, a carrier transporting
9hazardous material upon a public highway in this state, in
10the case of an accident involving the transportation of the
11hazardous material, shall immediately notify the police radio
12broadcasting system established pursuant to section 693.1 or
13shall notify a peace officer of the county or city in which
14the accident occurs. When a local law enforcement agency is
15informed of the accident, the agency shall notify the state
16patrol and the state department of transportation office of
17motor vehicle enforcement. A person who violates a provision
18of this subsection is guilty of a serious misdemeanor.
19 Sec. 12. Section 321.449, subsection 8, Code 2023, is
20amended to read as follows:
218. In the course of enforcing the motor carrier safety
22rules adopted by the department of transportation under chapter
2317A, the department’s department of public safety’s peace
24officers are authorized, at reasonable times and places and
25with reasonable notice, to enter a motor carrier’s place of
26business for the purpose of performing a motor carrier safety
27audit or compliance review. Nothing in this subsection by
28itself permits the seizure of the property of a motor carrier.
29Any audit or review shall be conducted in compliance with the
30federal motor carrier safety regulations in 49 C.F.R. pts.105
31– 185, 382, 383, 385, and 390 – 399. A peace officer of the
32department of public safety is authorized to inspect and copy
33motor carrier records required by 49 C.F.R. pts.105 – 185,
34382, 383, 385, and 390 – 399.
35 Sec. 13. Section 321.450, subsection 1, Code 2023, is
-4-1amended to read as follows:
21. A person shall not transport or have transported or
3shipped within this state any hazardous material except
4in compliance with rules adopted by the department of
5transportation, in consultation with the department of natural
6resources, under chapter 17A. The rules shall be consistent
7with the federal hazardous materials regulations adopted under
8United States Code, Tit.49, and found in 49 C.F.R. pts.107,
9171 to 173, 177, 178, and 180.
10 Sec. 14. Section 321.463, subsection 5, paragraph b, Code
112023, is amended to read as follows:
12b. Notwithstanding any provision of law to the contrary,
13a motor vehicle described in paragraph “a” equipped with an
14auxiliary power or idle reduction technology unit that reduces
15fuel use and emissions during engine idling may exceed any
16applicable maximum gross weight limit under this chapter by
17five hundred fifty pounds or the weight of the auxiliary power
18or idle reduction technology unit, whichever is less. This
19paragraph “b” shall does not apply unless the operator of
20the vehicle provides to the department of public safety a
21written certification of the weight of the auxiliary power
22or idle reduction technology unit, demonstrates or certifies
23to the department of public safety that the idle reduction
24technology unit is fully functional at all times, and carries
25with the operator the written certification of the weight of
26the auxiliary power or idle reduction technology unit in the
27vehicle at all times to present to law enforcement in the event
28the vehicle is suspected of violating any applicable weight
29restrictions.
30 Sec. 15. Section 321.476, subsection 1, Code 2023, is
31amended to read as follows:
321. a. Authority is hereby given to the A member of the
33state patrol of the department to stop of public safety is
34authorized to do any of the following:
35a. Stopany motor vehicle or trailer on the highways for the
-5-1purposes of weighing and inspection, to weigh and inspect the
2same and to enforce the provisions of the motor vehicle laws
3relating to the registration, size, weight, and load of motor
4vehicles and trailers.
5b. Authority is also hereby granted to subject to weighing
6and inspection, Weigh and inspect vehicles which have moved
7from a highway onto private property under circumstances which
8indicate that the load of the vehicle, if any, is substantially
9the same as the load which the vehicle carried before moving
10onto the private property.
11 Sec. 16. Section 321.477, Code 2023, is amended to read as
12follows:
13321.477 Employees as peace officers — maximum age.
141. The department may designate by resolution certain of its
15employees upon each of whom there is conferred the authority
16of a peace officer to enforce all laws of the state including
17but not limited to the rules and regulations of the department
18 investigate and enforce all of the following:
19a. Laws relating to motor vehicle records, documents,
20credentials, procedures, and revenues, including but not
21limited to crimes and abuse of authority associated with
22fraud, identity theft, vehicle titles and registration, dealer
23licenses, and authorized vehicle recycler licenses.
24b. Laws relating to motor vehicle fraud including but not
25limited to the state and federal odometer laws, including as
26provided in sections 307.37 and 321.71.
272. Employees designated as peace officers pursuant to this
28section shall have the same powers conferred by law on peace
29officers for the enforcement of all laws of this state and the
30apprehension of violators.
312. Employees designated as peace officers pursuant to this
32section who are assigned to the supervision of the highways
33of this state shall spend the preponderance of their time
34conducting enforcement activities that assure the safe and
35lawful movement and operation of commercial motor vehicles and
-6-1vehicles transporting loads, including but not limited to the
2enforcement of motor vehicle laws relating to the operating
3authority, registration, size, weight, and load of motor
4vehicles and trailers, and registration of a motor carrier’s
5interstate transportation service with the department.
63. Employees designated as peace officers pursuant to
7this section shall not exercise the general powers of a peace
8officer set forth in this section within the limits of any
9city, except as follows:
10a. When so ordered by the direction of the governor.
11b. When request is made by the mayor of any city, with the
12approval of the director.
13c. When request is made by the sheriff or county attorney of
14any county, with the approval of the director.
15d. While in the pursuit of law violators or in investigating
16law violations.
17e. While making any inspection provided by this chapter, or
18any additional inspection ordered by the director.
19f. When engaged in the investigation and enforcement of laws
20relating to narcotic, counterfeit, stimulant, and depressant
21drugs.
224. The limitations specified in subsection 3 shall in no
23way be construed as a limitation on the power of employees
24designated as peace officers pursuant to this section when a
25public offense is being committed in their presence.
265. The department shall submit a report to the general
27assembly on or before December 1 of each year that details the
28nature and scope of enforcement activities conducted in the
29previous fiscal year by employees designated as peace officers
30pursuant to this section who are assigned to the supervision
31of the highways of this state. The report shall include a
32comparison of commercial and noncommercial motor vehicle
33enforcement activities conducted by such employees.
346. 4. The maximum age for a person employed as a peace
35officer pursuant to this section is sixty-five years of age.
-7-1 Sec. 17. Section 321.481, Code 2023, is amended to read as
2follows:
3321.481 No impairment of other authority.
4Nothing in sections 321.476 through 321.480 321.479 shall be
5so construed as to limit or impair the authority or duties of
6other peace officers in the enforcement of the motor vehicle
7laws or any portion thereof.
8 Sec. 18. Section 325A.10, Code 2023, is amended to read as
9follows:
10325A.10 Rules for operation.
111. The department shall adopt rules pursuant to chapter
1217A as necessary to govern and control the operation, and
13 maintenance, and inspection of vehicles covered by this chapter
14upon the highways.
152. The department of public safety shall adopt rules
16pursuant to chapter 17A as necessary to govern the inspection
17of vehicles covered by this chapter upon the highways.
18 Sec. 19. Section 602.8108, subsection 8, Code 2023, is
19amended to read as follows:
208. The state court administrator shall allocate all of the
21fines and fees attributable to commercial vehicle violation
22citations issued by motor vehicle division personnel of
23the state department of transportation public safety to the
24treasurer of state for deposit in the road use tax fund.
25 Sec. 20. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
26amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
27Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
28section 1, is repealed.
29 Sec. 21. REPEAL. Sections 321.480 and 327B.2, Code 2023,
30are repealed.
31 Sec. 22. TRANSFERS.
321. There is transferred from the department of
33transportation’s asset forfeiture fund to the department
34of public safety’s asset forfeiture fund the amount of
35unencumbered or unobligated moneys remaining in the department
-8-1of transportation’s asset forfeiture fund.
22. The amount transferred pursuant to subsection 1 shall be
3used in compliance with applicable law for costs incurred by
4the department of public safety for the transition provided for
5in this Act.
63. a. The Iowa public employees’ retirement system
7shall perform a trustee-to-trustee lump sum transfer to the
8Iowa department of public safety peace officers’ retirement,
9accident, and disability system. The transfer shall include an
10amount consisting of the accumulated contributions by members
11transferred to the peace officers’ retirement, accident, and
12disability system pursuant to this Act and every transferred
13member’s share of the accumulated employer contributions as
14defined in section 97B.53. The transfer shall not be deemed
15to be a termination of a member’s plan and an affected member
16shall not be entitled to a distribution of the moneys as a
17result of the member’s transfer.
18b. Upon completion of the transfer, the Iowa department
19of public safety peace officers’ retirement, accident, and
20disability system shall engage an actuary to determine the
21actuarial cost of the remaining transfer. For purposes of this
22paragraph, “the actuarial cost of the remaining transfer” is an
23amount determined by the peace officers’ retirement, accident,
24and disability system in accordance with actuarial tables which
25reflects the actuarial cost necessary to fund the increased
26retirement allowances less the amount transferred by the Iowa
27public employees’ retirement system.
28c. Once the transfer is completed, the transferred members
29shall forfeit all rights, including service credit and
30benefits, under chapter 97B; shall be treated as members under
31chapter 97A; and shall be vested in a benefit under chapter 97A
32that shall not be less than the benefit to which the member was
33entitled under chapter 97B at the time of the transfer.
34 Sec. 23. TRANSITION — RULES.
351. a. Effective July 1, 2023, peace officers of the
-9-1department of public safety shall assume the duties, powers,
2and responsibilities of peace officers designated by the
3department of transportation under section 321.477, Code
42023, who are assigned to the supervision of the highways
5of this state. On or before July 1, 2023, the department
6of transportation and the department of public safety, in
7consultation with the department of administrative services,
8shall identify and transfer affected positions and incumbent
9peace officer and civilian employees from the department of
10transportation to the department of public safety. Former
11peace officer employees of the department of transportation
12who are covered by a collective bargaining agreement and who
13are reassigned shall be placed in an existing department of
14public safety peace officer classification within the state
15police officers council bargaining unit, without loss of
16seniority or loss of pay accrued while serving as a peace
17officer. Any peace officer so reassigned shall be entitled to
18all rights, privileges, and benefits of the peace officer’s new
19classification, including longevity pay pursuant to section
2080.6 as calculated based upon years of service in a peace
21officer position, within the state police officers council
22bargaining unit as of the effective date of the employee’s
23reassignment.
24b. The department of public safety shall honor a final
25offer of employment made by the department of transportation
26to a person who has not accepted the offer by July 1, 2023,
27if the employment offer is to fill a position that will be
28transitioned to the department of public safety under this
29Act. Such persons shall be assigned to the state patrol upon
30completion of the department of public safety academy training,
31and are entitled to all rights, privileges, and benefits of
32similarly reassigned positions and transitioned incumbent peace
33officer employees from the department of transportation.
342. On or before July 1, 2023, the department of
35transportation shall provide all appropriate documentation
-10-1and data required for motor carrier safety assistance program
2activities, including but not limited to those relating to
3the reimbursement of expenses, for reporting purposes to the
4department of public safety, and any other documentation and
5data required by the department of public safety to comply with
6federal law or for purposes of the transition provided for in
7this Act.
83. On or before July 1, 2023, the department of
9transportation shall cooperate with the department of public
10safety to ensure the department of public safety is aware of
11the rules the department of transportation adopted relating
12to administering and enforcing commercial motor vehicle
13violations. The department of public safety shall inform the
14administrative code editor of the applicable rules that need
15to be transferred. Any such rule adopted by the department of
16transportation shall continue in full force and effect until
17the rule is transferred to the department of public safety.
18 Sec. 24. REPORT TO GENERAL ASSEMBLY. The department
19of public safety, in consultation with the department of
20transportation, shall submit a report to the general assembly
21on or before December 1, 2023, regarding the transfer of
22peace officers from the department of transportation to the
23department of public safety in accordance with this Act.
24The report shall include but is not limited to the actual
25expenditures already made and the anticipated remaining
26expenditures to be made by both departments to complete the
27transition, the moneys transferred from the department of
28transportation’s asset forfeiture fund to the department of
29public safety’s asset forfeiture fund, the moneys transferred
30from the Iowa public employees’ retirement system to the
31Iowa department of public safety peace officers’ retirement,
32accident, and disability system, and any equipment costs
33incurred by either department prior to the reporting date.
34 Sec. 25. EFFECTIVE DATE. The following, being deemed of
35immediate importance, take effect upon enactment:
-11- 11. The section of this Act repealing 2017 Iowa Acts, chapter
2149, section 4.
32. The section of this Act setting forth transition
4provisions.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8BACKGROUND. Under current law, the department of public
9safety (DPS) is charged with, among other things, preventing
10crime and detecting and apprehending criminals. The division
11of state patrol (state patrol) is established within DPS. The
12state patrol is required to enforce the provisions of Code
13chapter 321 (motor vehicles and law of the road) relating
14to traffic on public highways, including those relating to
15the safe and legal operation of passenger cars, motorcycles,
16motor trucks, and buses, and to see that proper safety rules
17are observed. In addition, the state patrol must investigate
18and assist in the examination and identification of stolen,
19altered, or forfeited vehicles.
20The department of transportation (DOT) is responsible
21for the planning, development, regulation, and improvement
22of transportation as provided by law. DOT is authorized to
23designate certain employees as peace officers, who are assigned
24to DOT’s office of motor vehicle enforcement (MVE). MVE
25officers must spend the preponderance of their time conducting
26enforcement activities that assure the safe and lawful
27movement and operation of commercial motor vehicles (CMVs) and
28vehicles transporting loads, including but not limited to the
29enforcement of motor vehicle laws relating to the operating
30authority, registration, size, weight, and load of motor
31vehicles and trailers, and registration of a motor carrier’s
32interstate transportation service with DOT.
33DOT and DPS are required to cooperate to ensure the proper
34and adequate enforcement of the provisions of Code chapter 321.
35TRANSITION — DOT TO DPS. This bill provides for the
-12-1transition of certain MVE employees from DOT to DPS.
2 Effective July 1, 2023, DPS peace officers will assume the
3responsibilities and duties of MVE officers so transferred.
4On or before July 1, 2023, DOT and DPS, in consultation with
5the department of administrative services, must identify and
6transfer affected positions and incumbent civilian and MVE
7officer employees from DOT to DPS. Transferred MVE peace
8officers will become peace officers in the state patrol.
9The bill transfers to the state patrol responsibility for,
10among other duties, conducting enforcement activities that
11ensure the safe and lawful movement and operation of CMVs
12and vehicles transporting loads. The state patrol is tasked
13with enforcing motor vehicle laws relating to the operating
14authority, registration, size, weight, and load of motor
15vehicles and trailers, and enforcing applicable rules adopted
16by DOT and DPS.
17The bill requires DPS to adopt rules relating to (1) the
18enforcement of motor vehicle laws, including laws governing the
19safe movement and operation of CMVs and vehicles transporting
20loads and (2) rules regarding enforcement of rules for
21transportation of hazardous materials. DPS is required to
22submit a report annually to the general assembly detailing the
23nature and scope of enforcement activities relating to CMVs.
24DPS is also required to submit a report to the general assembly
25on or before December 1, 2023, regarding the progress of the
26transitions and transfers required in the bill.
27Under current law, MVE officers are authorized to enforce
28federal motor carrier safety rules adopted by DOT. Pursuant to
29such authorization, MVE officers may enter a motor carrier’s
30place of business for the purpose of performing a motor carrier
31safety audit or compliance review. An MVE officer is also
32authorized to inspect and copy motor carrier records required
33by federal law. The bill authorizes DPS peace officers to
34perform a safety audit or compliance review or inspect motor
35carrier records.
-13- 1RETIREMENT AND LONGEVITY PAY. DOT employees are members
2of, and receive benefits from, the Iowa public employees’
3retirement system (IPERS) (Code chapter 97B). DPS officers
4are members of, and receive benefits from, the peace officers’
5retirement, accident, and disability system (Code chapter 97A).
6 Under the bill, a transferred MVE officer who has 10 or more
7years of membership service in IPERS on July 1, 2023, will
8remain a member of IPERS and will continue to be considered
9an employee in a protection occupation. A transferred MVE
10officer who has fewer than 10 years of membership service in
11IPERS will become a member of the peace officers’ retirement,
12accident, and disability system. A person who is employed
13by DOT and retains limited authority of a peace officer
14pursuant to the bill remains a member of IPERS and continues
15to be considered an employee in a protection occupation. A
16transferred MVE officer retains all rights to longevity pay.
17REMAINING DOT OFFICERS. The bill authorizes DOT to
18designate certain employees who have limited authority as
19peace officers. The limited authority includes the ability to
20investigate and enforce laws relating to motor vehicle records,
21documents, credentials, procedures, and revenues, including
22but not limited to crimes and abuse of authority associated
23with fraud, identity theft, vehicle titles and registration,
24dealer licenses, and authorized vehicle recycler licenses; and
25relating to motor vehicle fraud including but not limited to
26state and federal odometer laws.
27FINES — ROAD USE TAX FUND. The bill requires the state
28court administrator to allocate all of the fines and fees
29attributable to CMV citations issued by DPS, rather than DOT,
30to the treasurer of state for deposit in the road use tax fund.
31Under current law, moneys credited to the road use tax fund are
32prohibited from being appropriated for the payment of salaries,
33support, or maintenance of any personnel in DPS (Code section
34312.9). The bill does not modify this prohibition.
35MISCELLANEOUS. The bill makes corresponding changes
-14-1throughout the Code, transfers remaining moneys from DOT’s
2asset forfeiture fund to DPS’s asset forfeiture fund to be
3used in compliance with applicable law, provides for a lump
4sum transfer from IPERS to the peace officers’ retirement,
5accident, and disability system, requires DPS to honor certain
6employment offers by DOT, provides for transition provisions
7including the transfer of applicable documentation and data,
8and allows for the transfer of administrative rules from DOT
9to DPS.
-15-th/ns