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Senate File 513 - ReprintedA 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 shall
20adopt, after consultation with the department of natural
21resources and the department of transportation, rules relating
22to enforcement of the rules regarding transportation of
23hazardous wastes adopted by the department of natural resources
24and the department of transportation. The state patrol shall
25carry out the enforcement of the rules, in accordance with
26state law.
27 NEW SUBSECTION. 11. The department shall submit a report to
28the general assembly on or before December 1 of each year that
29details the nature and scope of enforcement activities that
30ensure the safe and lawful movement and operation of commercial
31motor vehicles and vehicles transporting loads conducted by
32members of the state patrol assigned to such enforcement
33activities in the previous year. The report shall include
34a comparison of commercial and noncommercial motor vehicle
35enforcement activities conducted by such members of the state
-1-1patrol.
2 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
3is amended to read as follows:
4k. A member of the office of motor vehicle enforcement of
5 the department of transportation involved with the enforcement
6activities set forth in section 321.477.
7 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
10person who is a designated peace officer in the department of
11transportation under section 321.477, Code 2023, as of June 30,
122023, who has fewer than ten years of membership service, and
13who is transferred to the department of public safety pursuant
14to this Act, shall be a member of the Iowa department of public
15safety peace officers’ retirement, accident, and disability
16system established in chapter 97A.
17b. Commencing July 1, 2023, a person who is a designated
18peace officer in the department of transportation under section
19321.477, Code 2023, as of June 30, 2023, who has ten or more
20years of membership service, and who is transferred to the
21department of public safety pursuant to this Act, shall remain
22a member of the Iowa public employees’ retirement system.
23 Sec. 5. Section 97B.49B, subsection 1, paragraph e,
24subparagraph (5), Code 2023, is amended to read as follows:
25(5) (a) An employee of the state department of
26transportation who is designated as a “peace officer” by
27resolution under section 321.477, but only if the employee
28retires on or after July 1, 1990. For purposes of this
29subparagraph, service as a traffic weight officer employed
30by the highway commission prior to the creation of the state
31department of transportation or as a peace officer employed by
32the Iowa state commerce commission prior to the creation of
33the state department of transportation shall be included in
34computing the employee’s years of membership service.
35(b) An employee of the department of public safety described
-2-1in section 97B.42B, subsection 4A, paragraph “b”.
2 Sec. 6. Section 152C.5B, subsection 1, paragraph b,
3subparagraph (5), Code 2023, is amended by striking the
4subparagraph.
5 Sec. 7. Section 157.4A, subsection 1, paragraph b,
6subparagraph (5), Code 2023, is amended by striking the
7subparagraph.
8 Sec. 8. Section 307.12, subsection 1, paragraph n, Code
92023, is amended by striking the paragraph.
10 Sec. 9. Section 307.48, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 3. An employee of the office of motor
13vehicle enforcement of the department of transportation on June
1430, 2023, who is transferred to the department of public safety
15pursuant to this Act, retains all rights to longevity pay.
16 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
17to read as follows:
182. The division of state patrol of the department of public
19safety shall enforce the provisions of this chapter relating to
20traffic on the public highways of the state, including those
21relating to the safe and legal operation of passenger cars,
22motorcycles, motor trucks, and buses, and other commercial
23motor vehicles, and to see that proper safety rules are
24observed.
25 Sec. 11. Section 321.266, subsection 4, Code 2023, is
26amended to read as follows:
274. Notwithstanding section 455B.386, a carrier transporting
28hazardous material upon a public highway in this state, in
29the case of an accident involving the transportation of the
30hazardous material, shall immediately notify the police radio
31broadcasting system established pursuant to section 693.1 or
32shall notify a peace officer of the county or city in which
33the accident occurs. When a local law enforcement agency is
34informed of the accident, the agency shall notify the state
35patrol and the state department of transportation office of
-3-1motor vehicle enforcement. A person who violates a provision
2of this subsection is guilty of a serious misdemeanor.
3 Sec. 12. Section 321.449, subsection 1, paragraphs a and b,
4Code 2023, are amended to read as follows:
5a. A person shall not operate a commercial vehicle on the
6highways of this state except in compliance with rules adopted
7by the department of public safety, in consultation with the
8department of transportation, under chapter 17A. The rules
9shall be consistent with the federal motor carrier safety
10regulations promulgated under United States Code, Tit.49,
11and found in 49 C.F.R.pts.385, 390 – 399 and adopted under
12chapter 17A.
13b. The department of public safety, in consultation with the
14department of transportation, shall also adopt rules concerning
15hours of service for drivers of vehicles operated for hire
16and designed to transport seven or more persons, including
17the driver. The rules shall not apply to vehicles offered to
18the public for hire that are used principally in intracity
19operation and that are regulated by local authorities pursuant
20to section 321.236.
21 Sec. 13. Section 321.449, subsection 4, paragraph c, Code
222023, is amended to read as follows:
23c. A driver or a driver-salesperson for a private carrier,
24who is not for hire and who is engaged exclusively in
25intrastate commerce, may drive twelve hours, be on duty sixteen
26hours in a twenty-four-hour period, and be on duty seventy
27hours in seven consecutive days or eighty hours in eight
28consecutive days. A “driver-salesperson” means as defined in 49
29C.F.R.§395.2, as adopted by the department of public safety
30 by rule.
31 Sec. 14. Section 321.449, subsection 8, Code 2023, is
32amended to read as follows:
338. In the course of enforcing the motor carrier safety
34rules adopted by the department of public safety under chapter
3517A, the department’s department of public safety’s peace
-4-1officers are authorized, at reasonable times and places and
2with reasonable notice, to enter a motor carrier’s place of
3business for the purpose of performing a motor carrier safety
4audit or compliance review. Nothing in this subsection by
5itself permits the seizure of the property of a motor carrier.
6Any audit or review shall be conducted in compliance with the
7federal motor carrier safety regulations in 49 C.F.R. pts.105
8– 185, 382, 383, 385, and 390 – 399. A peace officer of the
9department of public safety is authorized to inspect and copy
10motor carrier records required by 49 C.F.R. pts.105 – 185,
11382, 383, 385, and 390 – 399.
12 Sec. 15. Section 321.449B, subsection 1, Code 2023, is
13amended to read as follows:
141. a. A person subject to rules adopted by the department
15of public safety pursuant to section 321.449 shall not
16operate a commercial motor vehicle while engaged in texting as
17prohibited by 49 C.F.R. §392.80, except in an emergency or as
18otherwise permitted under 49 C.F.R. §392.80.
19b. A person subject to rules adopted by the department of
20public safety pursuant to section 321.449 shall not operate
21a commercial motor vehicle while using a hand-held mobile
22telephone as prohibited by 49 C.F.R. §392.82, except in an
23emergency or as otherwise permitted under 49 C.F.R. §392.82.
24 Sec. 16. Section 321.450, subsection 1, Code 2023, is
25amended to read as follows:
261. A person shall not transport or have transported or
27shipped within this state any hazardous material except in
28compliance with rules adopted by the department of public
29safety under chapter 17A. The rules shall be consistent with
30the federal hazardous materials regulations adopted under
31United States Code, Tit.49, and found in 49 C.F.R. pts.107,
32171 to 173, 177, 178, and 180.
33 Sec. 17. Section 321.463, subsection 5, paragraph b, Code
342023, is amended to read as follows:
35b. Notwithstanding any provision of law to the contrary,
-5-1a motor vehicle described in paragraph “a” equipped with an
2auxiliary power or idle reduction technology unit that reduces
3fuel use and emissions during engine idling may exceed any
4applicable maximum gross weight limit under this chapter by
5five hundred fifty pounds or the weight of the auxiliary power
6or idle reduction technology unit, whichever is less. This
7paragraph “b” shall does not apply unless the operator of
8the vehicle provides to the department of public safety a
9written certification of the weight of the auxiliary power
10or idle reduction technology unit, demonstrates or certifies
11to the department of public safety that the idle reduction
12technology unit is fully functional at all times, and carries
13with the operator the written certification of the weight of
14the auxiliary power or idle reduction technology unit in the
15vehicle at all times to present to law enforcement in the event
16the vehicle is suspected of violating any applicable weight
17restrictions.
18 Sec. 18. Section 321.476, subsection 1, Code 2023, is
19amended to read as follows:
201. a. Authority is hereby given to the A member of the
21state patrol of the department to stop of public safety is
22authorized to do any of the following:
23a. Stopany motor vehicle or trailer on the highways for the
24purposes of weighing and inspection, to weigh and inspect the
25same and to enforce the provisions of the motor vehicle laws
26relating to the registration, size, weight, and load of motor
27vehicles and trailers.
28b. Authority is also hereby granted to subject to weighing
29and inspection, Weigh and inspect vehicles which have moved
30from a highway onto private property under circumstances which
31indicate that the load of the vehicle, if any, is substantially
32the same as the load which the vehicle carried before moving
33onto the private property.
34 Sec. 19. Section 321.477, Code 2023, is amended to read as
35follows:
-6- 1321.477 Employees as peace officers — maximum age.
21. The department may designate by resolution certain of its
3employees upon each of whom there is conferred the authority
4of a peace officer to enforce all laws of the state including
5but not limited to the rules and regulations of the department
6 investigate and enforce all of the following:
7a. Laws relating to motor vehicle records, documents,
8credentials, procedures, and revenues, including but not
9limited to crimes and abuse of authority associated with
10fraud, identity theft, vehicle titles and registration, dealer
11licenses, and authorized vehicle recycler licenses.
12b. Laws relating to motor vehicle fraud including but not
13limited to the state and federal odometer laws, including as
14provided in sections 307.37 and 321.71.
152. Employees designated as peace officers pursuant to this
16section shall have the same powers conferred by law on peace
17officers for the enforcement of all laws of this state use
18of force in emergent circumstances and the apprehension of
19violators.
202. Employees designated as peace officers pursuant to this
21section who are assigned to the supervision of the highways
22of this state shall spend the preponderance of their time
23conducting enforcement activities that assure the safe and
24lawful movement and operation of commercial motor vehicles and
25vehicles transporting loads, including but not limited to the
26enforcement of motor vehicle laws relating to the operating
27authority, registration, size, weight, and load of motor
28vehicles and trailers, and registration of a motor carrier’s
29interstate transportation service with the department.
303. Employees designated as peace officers pursuant to
31this section shall not exercise the general powers of a peace
32officer set forth in this section within the limits of any
33city, except as follows:
34a. When so ordered by the direction of the governor.
35b. When request is made by the mayor of any city, with the
-7-1approval of the director.
2c. When request is made by the sheriff or county attorney of
3any county, with the approval of the director.
4d. While in the pursuit of law violators or in investigating
5law violations.
6e. While making any inspection provided by this chapter, or
7any additional inspection ordered by the director.
8f. When engaged in the investigation and enforcement of laws
9relating to narcotic, counterfeit, stimulant, and depressant
10drugs.
114. The limitations specified in subsection 3 shall in no way
12be construed as a limitation on the power ability of employees
13designated as peace officers pursuant to this section when a
14public offense is being committed in their presence to use
15force in defense of life or property.
165. The department shall submit a report to the general
17assembly on or before December 1 of each year that details the
18nature and scope of enforcement activities conducted in the
19previous fiscal year by employees designated as peace officers
20pursuant to this section who are assigned to the supervision
21of the highways of this state. The report shall include a
22comparison of commercial and noncommercial motor vehicle
23enforcement activities conducted by such employees.
246. 5. The maximum age for a person employed as a peace
25officer pursuant to this section is sixty-five years of age.
26 Sec. 20. Section 321.481, Code 2023, is amended to read as
27follows:
28321.481 No impairment of other authority.
29Nothing in sections 321.476 through 321.480 321.479 shall be
30so construed as to limit or impair the authority or duties of
31other peace officers in the enforcement of the motor vehicle
32laws or any portion thereof.
33 Sec. 21. Section 325A.10, Code 2023, is amended to read as
34follows:
35325A.10 Rules for operation.
-8- 1The department of public safety, in consultation with the
2department of transportation, shall adopt rules pursuant to
3chapter 17A as necessary to govern and control the operation,
4maintenance, and inspection of vehicles covered by this chapter
5upon the highways.
6 Sec. 22. Section 602.8108, subsection 8, Code 2023, is
7amended to read as follows:
88. The state court administrator shall allocate all of the
9fines and fees attributable to commercial vehicle violation
10citations issued by motor vehicle division personnel of
11the state department of transportation public safety to the
12treasurer of state for deposit in the road use tax fund.
13 Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
14amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
15Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
16section 1, is repealed.
17 Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023,
18are repealed.
19 Sec. 25. TRANSFERS.
201. There is transferred from the department of
21transportation’s asset forfeiture fund to the department
22of public safety’s asset forfeiture fund the amount of
23unencumbered or unobligated moneys remaining in the department
24of transportation’s asset forfeiture fund.
252. a. The Iowa public employees’ retirement system
26shall perform a trustee-to-trustee lump sum transfer to the
27Iowa department of public safety peace officers’ retirement,
28accident, and disability system. The transfer shall include an
29amount consisting of the accumulated contributions by members
30transferred to the peace officers’ retirement, accident, and
31disability system pursuant to this Act and every transferred
32member’s share of the accumulated employer contributions as
33defined in section 97B.53. The transfer shall not be deemed
34to be a termination of a member’s plan and an affected member
35shall not be entitled to a distribution of the moneys as a
-9-1result of the member’s transfer.
2b. Upon completion of the transfer, the Iowa department
3of public safety peace officers’ retirement, accident, and
4disability system shall engage an actuary to determine the
5actuarial cost of the remaining transfer. For purposes of this
6paragraph, “the actuarial cost of the remaining transfer” is an
7amount determined by the peace officers’ retirement, accident,
8and disability system in accordance with actuarial tables which
9reflects the actuarial cost necessary to fund the increased
10retirement allowances less the amount transferred by the Iowa
11public employees’ retirement system.
12c. Once the transfer is completed, the transferred members
13shall forfeit all rights, including service credit and
14benefits, under chapter 97B; shall be treated as members under
15chapter 97A; and shall be vested in a benefit under chapter 97A
16that shall not be less than the benefit to which the member was
17entitled under chapter 97B at the time of the transfer.
18 Sec. 26. TRANSITION — RULES.
191. a. Effective July 1, 2023, peace officers of the
20department of public safety shall assume the duties, powers,
21and responsibilities of peace officers designated by the
22department of transportation under section 321.477, Code
232023, who are assigned to the supervision of the highways
24of this state. On or before July 1, 2023, the department
25of transportation and the department of public safety, in
26consultation with the department of administrative services,
27shall identify and transfer affected positions and incumbent
28peace officer and civilian employees from the department of
29transportation to the department of public safety. Former
30peace officer employees of the department of transportation
31who are covered by a collective bargaining agreement and who
32are reassigned shall be placed in an existing department of
33public safety peace officer classification within the state
34police officers council bargaining unit, without loss of
35seniority or loss of pay accrued while serving as a peace
-10-1officer. Any peace officer so reassigned shall be entitled to
2all rights, privileges, and benefits of the peace officer’s new
3classification, including longevity pay pursuant to section
480.6 as calculated based upon years of service in a peace
5officer position, within the state police officers council
6bargaining unit as of the effective date of the employee’s
7reassignment.
8b. The department of public safety shall honor a final
9offer of employment made by the department of transportation
10to a person who has not accepted the offer by July 1, 2023,
11if the employment offer is to fill a position that will be
12transitioned to the department of public safety under this
13Act. Such persons shall be assigned to the state patrol upon
14completion of the department of public safety academy training,
15and are entitled to all rights, privileges, and benefits of
16similarly reassigned positions and transitioned incumbent peace
17officer employees from the department of transportation.
182. On or before July 1, 2023, the department of
19transportation shall provide all appropriate documentation
20and data required for motor carrier safety assistance program
21activities, including but not limited to those relating to
22the reimbursement of expenses, for reporting purposes to the
23department of public safety, and any other documentation and
24data required by the department of public safety to comply with
25federal law or for purposes of the transition provided for in
26this Act.
273. On or before July 1, 2023, the department of
28transportation shall cooperate with the department of public
29safety to ensure the department of public safety is aware of
30the rules the department of transportation adopted relating
31to administering and enforcing commercial motor vehicle
32violations. The department of public safety shall inform the
33administrative code editor of the applicable rules that need
34to be transferred. Any such rule adopted by the department of
35transportation shall continue in full force and effect until
-11-1the rule is transferred to the department of public safety.
2 Sec. 27. REPORT TO GENERAL ASSEMBLY. The department
3of public safety, in consultation with the department of
4transportation, shall submit a report to the general assembly
5on or before December 1, 2023, regarding the transfer of
6peace officers from the department of transportation to the
7department of public safety in accordance with this Act.
8The report shall include but is not limited to the actual
9expenditures already made and the anticipated remaining
10expenditures to be made by both departments to complete the
11transition, the moneys transferred from the department of
12transportation’s asset forfeiture fund to the department of
13public safety’s asset forfeiture fund, the moneys transferred
14from the Iowa public employees’ retirement system to the
15Iowa department of public safety peace officers’ retirement,
16accident, and disability system, and any equipment costs
17incurred by either department prior to the reporting date.
18 Sec. 28. EFFECTIVE DATE. The following, being deemed of
19immediate importance, take effect upon enactment:
201. The section of this Act repealing 2017 Iowa Acts, chapter
21149, section 4.
222. The section of this Act setting forth transition
23provisions.
th/ns/mb
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 shall
20adopt, after consultation with the department of natural
21resources and the department of transportation, rules relating
22to enforcement of the rules regarding transportation of
23hazardous wastes adopted by the department of natural resources
24and the department of transportation. The state patrol shall
25carry out the enforcement of the rules, in accordance with
26state law.
27 NEW SUBSECTION. 11. The department shall submit a report to
28the general assembly on or before December 1 of each year that
29details the nature and scope of enforcement activities that
30ensure the safe and lawful movement and operation of commercial
31motor vehicles and vehicles transporting loads conducted by
32members of the state patrol assigned to such enforcement
33activities in the previous year. The report shall include
34a comparison of commercial and noncommercial motor vehicle
35enforcement activities conducted by such members of the state
-1-1patrol.
2 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
3is amended to read as follows:
4k. A member of the office of motor vehicle enforcement of
5 the department of transportation involved with the enforcement
6activities set forth in section 321.477.
7 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
8following new subsection:
9 NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
10person who is a designated peace officer in the department of
11transportation under section 321.477, Code 2023, as of June 30,
122023, who has fewer than ten years of membership service, and
13who is transferred to the department of public safety pursuant
14to this Act, shall be a member of the Iowa department of public
15safety peace officers’ retirement, accident, and disability
16system established in chapter 97A.
17b. Commencing July 1, 2023, a person who is a designated
18peace officer in the department of transportation under section
19321.477, Code 2023, as of June 30, 2023, who has ten or more
20years of membership service, and who is transferred to the
21department of public safety pursuant to this Act, shall remain
22a member of the Iowa public employees’ retirement system.
23 Sec. 5. Section 97B.49B, subsection 1, paragraph e,
24subparagraph (5), Code 2023, is amended to read as follows:
25(5) (a) An employee of the state department of
26transportation who is designated as a “peace officer” by
27resolution under section 321.477, but only if the employee
28retires on or after July 1, 1990. For purposes of this
29subparagraph, service as a traffic weight officer employed
30by the highway commission prior to the creation of the state
31department of transportation or as a peace officer employed by
32the Iowa state commerce commission prior to the creation of
33the state department of transportation shall be included in
34computing the employee’s years of membership service.
35(b) An employee of the department of public safety described
-2-1in section 97B.42B, subsection 4A, paragraph “b”.
2 Sec. 6. Section 152C.5B, subsection 1, paragraph b,
3subparagraph (5), Code 2023, is amended by striking the
4subparagraph.
5 Sec. 7. Section 157.4A, subsection 1, paragraph b,
6subparagraph (5), Code 2023, is amended by striking the
7subparagraph.
8 Sec. 8. Section 307.12, subsection 1, paragraph n, Code
92023, is amended by striking the paragraph.
10 Sec. 9. Section 307.48, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 3. An employee of the office of motor
13vehicle enforcement of the department of transportation on June
1430, 2023, who is transferred to the department of public safety
15pursuant to this Act, retains all rights to longevity pay.
16 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
17to read as follows:
182. The division of state patrol of the department of public
19safety shall enforce the provisions of this chapter relating to
20traffic on the public highways of the state, including those
21relating to the safe and legal operation of passenger cars,
22motorcycles, motor trucks, and buses, and other commercial
23motor vehicles, and to see that proper safety rules are
24observed.
25 Sec. 11. Section 321.266, subsection 4, Code 2023, is
26amended to read as follows:
274. Notwithstanding section 455B.386, a carrier transporting
28hazardous material upon a public highway in this state, in
29the case of an accident involving the transportation of the
30hazardous material, shall immediately notify the police radio
31broadcasting system established pursuant to section 693.1 or
32shall notify a peace officer of the county or city in which
33the accident occurs. When a local law enforcement agency is
34informed of the accident, the agency shall notify the state
35patrol and the state department of transportation office of
-3-1motor vehicle enforcement. A person who violates a provision
2of this subsection is guilty of a serious misdemeanor.
3 Sec. 12. Section 321.449, subsection 1, paragraphs a and b,
4Code 2023, are amended to read as follows:
5a. A person shall not operate a commercial vehicle on the
6highways of this state except in compliance with rules adopted
7by the department of public safety, in consultation with the
8department of transportation, under chapter 17A. The rules
9shall be consistent with the federal motor carrier safety
10regulations promulgated under United States Code, Tit.49,
11and found in 49 C.F.R.pts.385, 390 – 399 and adopted under
12chapter 17A.
13b. The department of public safety, in consultation with the
14department of transportation, shall also adopt rules concerning
15hours of service for drivers of vehicles operated for hire
16and designed to transport seven or more persons, including
17the driver. The rules shall not apply to vehicles offered to
18the public for hire that are used principally in intracity
19operation and that are regulated by local authorities pursuant
20to section 321.236.
21 Sec. 13. Section 321.449, subsection 4, paragraph c, Code
222023, is amended to read as follows:
23c. A driver or a driver-salesperson for a private carrier,
24who is not for hire and who is engaged exclusively in
25intrastate commerce, may drive twelve hours, be on duty sixteen
26hours in a twenty-four-hour period, and be on duty seventy
27hours in seven consecutive days or eighty hours in eight
28consecutive days. A “driver-salesperson” means as defined in 49
29C.F.R.§395.2, as adopted by the department of public safety
30 by rule.
31 Sec. 14. Section 321.449, subsection 8, Code 2023, is
32amended to read as follows:
338. In the course of enforcing the motor carrier safety
34rules adopted by the department of public safety under chapter
3517A, the department’s department of public safety’s peace
-4-1officers are authorized, at reasonable times and places and
2with reasonable notice, to enter a motor carrier’s place of
3business for the purpose of performing a motor carrier safety
4audit or compliance review. Nothing in this subsection by
5itself permits the seizure of the property of a motor carrier.
6Any audit or review shall be conducted in compliance with the
7federal motor carrier safety regulations in 49 C.F.R. pts.105
8– 185, 382, 383, 385, and 390 – 399. A peace officer of the
9department of public safety is authorized to inspect and copy
10motor carrier records required by 49 C.F.R. pts.105 – 185,
11382, 383, 385, and 390 – 399.
12 Sec. 15. Section 321.449B, subsection 1, Code 2023, is
13amended to read as follows:
141. a. A person subject to rules adopted by the department
15of public safety pursuant to section 321.449 shall not
16operate a commercial motor vehicle while engaged in texting as
17prohibited by 49 C.F.R. §392.80, except in an emergency or as
18otherwise permitted under 49 C.F.R. §392.80.
19b. A person subject to rules adopted by the department of
20public safety pursuant to section 321.449 shall not operate
21a commercial motor vehicle while using a hand-held mobile
22telephone as prohibited by 49 C.F.R. §392.82, except in an
23emergency or as otherwise permitted under 49 C.F.R. §392.82.
24 Sec. 16. Section 321.450, subsection 1, Code 2023, is
25amended to read as follows:
261. A person shall not transport or have transported or
27shipped within this state any hazardous material except in
28compliance with rules adopted by the department of public
29safety under chapter 17A. The rules shall be consistent with
30the federal hazardous materials regulations adopted under
31United States Code, Tit.49, and found in 49 C.F.R. pts.107,
32171 to 173, 177, 178, and 180.
33 Sec. 17. Section 321.463, subsection 5, paragraph b, Code
342023, is amended to read as follows:
35b. Notwithstanding any provision of law to the contrary,
-5-1a motor vehicle described in paragraph “a” equipped with an
2auxiliary power or idle reduction technology unit that reduces
3fuel use and emissions during engine idling may exceed any
4applicable maximum gross weight limit under this chapter by
5five hundred fifty pounds or the weight of the auxiliary power
6or idle reduction technology unit, whichever is less. This
7paragraph “b” shall does not apply unless the operator of
8the vehicle provides to the department of public safety a
9written certification of the weight of the auxiliary power
10or idle reduction technology unit, demonstrates or certifies
11to the department of public safety that the idle reduction
12technology unit is fully functional at all times, and carries
13with the operator the written certification of the weight of
14the auxiliary power or idle reduction technology unit in the
15vehicle at all times to present to law enforcement in the event
16the vehicle is suspected of violating any applicable weight
17restrictions.
18 Sec. 18. Section 321.476, subsection 1, Code 2023, is
19amended to read as follows:
201. a. Authority is hereby given to the A member of the
21state patrol of the department to stop of public safety is
22authorized to do any of the following:
23a. Stopany motor vehicle or trailer on the highways for the
24purposes of weighing and inspection, to weigh and inspect the
25same and to enforce the provisions of the motor vehicle laws
26relating to the registration, size, weight, and load of motor
27vehicles and trailers.
28b. Authority is also hereby granted to subject to weighing
29and inspection, Weigh and inspect vehicles which have moved
30from a highway onto private property under circumstances which
31indicate that the load of the vehicle, if any, is substantially
32the same as the load which the vehicle carried before moving
33onto the private property.
34 Sec. 19. Section 321.477, Code 2023, is amended to read as
35follows:
-6- 1321.477 Employees as peace officers — maximum age.
21. The department may designate by resolution certain of its
3employees upon each of whom there is conferred the authority
4of a peace officer to enforce all laws of the state including
5but not limited to the rules and regulations of the department
6 investigate and enforce all of the following:
7a. Laws relating to motor vehicle records, documents,
8credentials, procedures, and revenues, including but not
9limited to crimes and abuse of authority associated with
10fraud, identity theft, vehicle titles and registration, dealer
11licenses, and authorized vehicle recycler licenses.
12b. Laws relating to motor vehicle fraud including but not
13limited to the state and federal odometer laws, including as
14provided in sections 307.37 and 321.71.
152. Employees designated as peace officers pursuant to this
16section shall have the same powers conferred by law on peace
17officers for the enforcement of all laws of this state use
18of force in emergent circumstances and the apprehension of
19violators.
202. Employees designated as peace officers pursuant to this
21section who are assigned to the supervision of the highways
22of this state shall spend the preponderance of their time
23conducting enforcement activities that assure the safe and
24lawful movement and operation of commercial motor vehicles and
25vehicles transporting loads, including but not limited to the
26enforcement of motor vehicle laws relating to the operating
27authority, registration, size, weight, and load of motor
28vehicles and trailers, and registration of a motor carrier’s
29interstate transportation service with the department.
303. Employees designated as peace officers pursuant to
31this section shall not exercise the general powers of a peace
32officer set forth in this section within the limits of any
33city, except as follows:
34a. When so ordered by the direction of the governor.
35b. When request is made by the mayor of any city, with the
-7-1approval of the director.
2c. When request is made by the sheriff or county attorney of
3any county, with the approval of the director.
4d. While in the pursuit of law violators or in investigating
5law violations.
6e. While making any inspection provided by this chapter, or
7any additional inspection ordered by the director.
8f. When engaged in the investigation and enforcement of laws
9relating to narcotic, counterfeit, stimulant, and depressant
10drugs.
114. The limitations specified in subsection 3 shall in no way
12be construed as a limitation on the power ability of employees
13designated as peace officers pursuant to this section when a
14public offense is being committed in their presence to use
15force in defense of life or property.
165. The department shall submit a report to the general
17assembly on or before December 1 of each year that details the
18nature and scope of enforcement activities conducted in the
19previous fiscal year by employees designated as peace officers
20pursuant to this section who are assigned to the supervision
21of the highways of this state. The report shall include a
22comparison of commercial and noncommercial motor vehicle
23enforcement activities conducted by such employees.
246. 5. The maximum age for a person employed as a peace
25officer pursuant to this section is sixty-five years of age.
26 Sec. 20. Section 321.481, Code 2023, is amended to read as
27follows:
28321.481 No impairment of other authority.
29Nothing in sections 321.476 through 321.480 321.479 shall be
30so construed as to limit or impair the authority or duties of
31other peace officers in the enforcement of the motor vehicle
32laws or any portion thereof.
33 Sec. 21. Section 325A.10, Code 2023, is amended to read as
34follows:
35325A.10 Rules for operation.
-8- 1The department of public safety, in consultation with the
2department of transportation, shall adopt rules pursuant to
3chapter 17A as necessary to govern and control the operation,
4maintenance, and inspection of vehicles covered by this chapter
5upon the highways.
6 Sec. 22. Section 602.8108, subsection 8, Code 2023, is
7amended to read as follows:
88. The state court administrator shall allocate all of the
9fines and fees attributable to commercial vehicle violation
10citations issued by motor vehicle division personnel of
11the state department of transportation public safety to the
12treasurer of state for deposit in the road use tax fund.
13 Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
14amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
15Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
16section 1, is repealed.
17 Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023,
18are repealed.
19 Sec. 25. TRANSFERS.
201. There is transferred from the department of
21transportation’s asset forfeiture fund to the department
22of public safety’s asset forfeiture fund the amount of
23unencumbered or unobligated moneys remaining in the department
24of transportation’s asset forfeiture fund.
252. a. The Iowa public employees’ retirement system
26shall perform a trustee-to-trustee lump sum transfer to the
27Iowa department of public safety peace officers’ retirement,
28accident, and disability system. The transfer shall include an
29amount consisting of the accumulated contributions by members
30transferred to the peace officers’ retirement, accident, and
31disability system pursuant to this Act and every transferred
32member’s share of the accumulated employer contributions as
33defined in section 97B.53. The transfer shall not be deemed
34to be a termination of a member’s plan and an affected member
35shall not be entitled to a distribution of the moneys as a
-9-1result of the member’s transfer.
2b. Upon completion of the transfer, the Iowa department
3of public safety peace officers’ retirement, accident, and
4disability system shall engage an actuary to determine the
5actuarial cost of the remaining transfer. For purposes of this
6paragraph, “the actuarial cost of the remaining transfer” is an
7amount determined by the peace officers’ retirement, accident,
8and disability system in accordance with actuarial tables which
9reflects the actuarial cost necessary to fund the increased
10retirement allowances less the amount transferred by the Iowa
11public employees’ retirement system.
12c. Once the transfer is completed, the transferred members
13shall forfeit all rights, including service credit and
14benefits, under chapter 97B; shall be treated as members under
15chapter 97A; and shall be vested in a benefit under chapter 97A
16that shall not be less than the benefit to which the member was
17entitled under chapter 97B at the time of the transfer.
18 Sec. 26. TRANSITION — RULES.
191. a. Effective July 1, 2023, peace officers of the
20department of public safety shall assume the duties, powers,
21and responsibilities of peace officers designated by the
22department of transportation under section 321.477, Code
232023, who are assigned to the supervision of the highways
24of this state. On or before July 1, 2023, the department
25of transportation and the department of public safety, in
26consultation with the department of administrative services,
27shall identify and transfer affected positions and incumbent
28peace officer and civilian employees from the department of
29transportation to the department of public safety. Former
30peace officer employees of the department of transportation
31who are covered by a collective bargaining agreement and who
32are reassigned shall be placed in an existing department of
33public safety peace officer classification within the state
34police officers council bargaining unit, without loss of
35seniority or loss of pay accrued while serving as a peace
-10-1officer. Any peace officer so reassigned shall be entitled to
2all rights, privileges, and benefits of the peace officer’s new
3classification, including longevity pay pursuant to section
480.6 as calculated based upon years of service in a peace
5officer position, within the state police officers council
6bargaining unit as of the effective date of the employee’s
7reassignment.
8b. The department of public safety shall honor a final
9offer of employment made by the department of transportation
10to a person who has not accepted the offer by July 1, 2023,
11if the employment offer is to fill a position that will be
12transitioned to the department of public safety under this
13Act. Such persons shall be assigned to the state patrol upon
14completion of the department of public safety academy training,
15and are entitled to all rights, privileges, and benefits of
16similarly reassigned positions and transitioned incumbent peace
17officer employees from the department of transportation.
182. On or before July 1, 2023, the department of
19transportation shall provide all appropriate documentation
20and data required for motor carrier safety assistance program
21activities, including but not limited to those relating to
22the reimbursement of expenses, for reporting purposes to the
23department of public safety, and any other documentation and
24data required by the department of public safety to comply with
25federal law or for purposes of the transition provided for in
26this Act.
273. On or before July 1, 2023, the department of
28transportation shall cooperate with the department of public
29safety to ensure the department of public safety is aware of
30the rules the department of transportation adopted relating
31to administering and enforcing commercial motor vehicle
32violations. The department of public safety shall inform the
33administrative code editor of the applicable rules that need
34to be transferred. Any such rule adopted by the department of
35transportation shall continue in full force and effect until
-11-1the rule is transferred to the department of public safety.
2 Sec. 27. REPORT TO GENERAL ASSEMBLY. The department
3of public safety, in consultation with the department of
4transportation, shall submit a report to the general assembly
5on or before December 1, 2023, regarding the transfer of
6peace officers from the department of transportation to the
7department of public safety in accordance with this Act.
8The report shall include but is not limited to the actual
9expenditures already made and the anticipated remaining
10expenditures to be made by both departments to complete the
11transition, the moneys transferred from the department of
12transportation’s asset forfeiture fund to the department of
13public safety’s asset forfeiture fund, the moneys transferred
14from the Iowa public employees’ retirement system to the
15Iowa department of public safety peace officers’ retirement,
16accident, and disability system, and any equipment costs
17incurred by either department prior to the reporting date.
18 Sec. 28. EFFECTIVE DATE. The following, being deemed of
19immediate importance, take effect upon enactment:
201. The section of this Act repealing 2017 Iowa Acts, chapter
21149, section 4.
222. The section of this Act setting forth transition
23provisions.
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