Print
Senate File 513 - EnrolledAn Actrelating to motor vehicle enforcement duties of
the department of public safety and the department of
transportation, providing transfers of moneys, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 80.5, subsection 2, Code 2023, is amended
to read as follows:
2. The state patrol is established in the department. The
patrol shall be under the direction of the commissioner. The
number of supervisory officers shall be in proportion to the
membership of the state patrol. The department shall maintain
a vehicle theft unit in the state patrol to investigate
and assist in the examination and identification of stolen,
altered, or forfeited vehicles. In addition to other duties,
powers, and responsibilities prescribed by law, the state
patrol shall conduct enforcement activities that ensure the
safe and lawful movement and operation of commercial motor
vehicles and vehicles transporting loads, including but not
limited to the enforcement of motor vehicle laws relating to
the operating authority, registration, size, weight, and load
of motor vehicles and trailers.
Sec. 2. Section 80.5, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 10. The department of public safety shall
adopt, after consultation with the department of natural
resources and the department of transportation, rules relating
to enforcement of the rules regarding transportation of
hazardous wastes adopted by the department of natural resources
and the department of transportation. The state patrol shall
carry out the enforcement of the rules, in accordance with
state law.
NEW SUBSECTION. 11. The department shall submit a report to
the general assembly on or before December 1 of each year that
details the nature and scope of enforcement activities that
ensure the safe and lawful movement and operation of commercial
motor vehicles and vehicles transporting loads conducted by
members of the state patrol assigned to such enforcement
activities in the previous year. The report shall include
a comparison of commercial and noncommercial motor vehicle
enforcement activities conducted by such members of the state
-1-patrol.
Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
is amended to read as follows:
k. A member of the office of motor vehicle enforcement of
the department of transportation involved with the enforcement
activities set forth in section 321.477.
Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
person who is a designated peace officer in the department of
transportation under section 321.477, Code 2023, as of June 30,
2023, who has fewer than ten years of membership service, and
who is transferred to the department of public safety pursuant
to this Act, shall be a member of the Iowa department of public
safety peace officers’ retirement, accident, and disability
system established in chapter 97A.
b. Commencing July 1, 2023, a person who is a designated
peace officer in the department of transportation under section
321.477, Code 2023, as of June 30, 2023, who has ten or more
years of membership service, and who is transferred to the
department of public safety pursuant to this Act, shall remain
a member of the Iowa public employees’ retirement system.
Sec. 5. Section 97B.49B, subsection 1, paragraph e,
subparagraph (5), Code 2023, is amended to read as follows:
(5) (a) An employee of the state department of
transportation who is designated as a “peace officer” by
resolution under section 321.477, but only if the employee
retires on or after July 1, 1990. For purposes of this
subparagraph, service as a traffic weight officer employed
by the highway commission prior to the creation of the state
department of transportation or as a peace officer employed by
the Iowa state commerce commission prior to the creation of
the state department of transportation shall be included in
computing the employee’s years of membership service.
(b) An employee of the department of public safety described
-2-in section 97B.42B, subsection 4A, paragraph “b”.
Sec. 6. Section 152C.5B, subsection 1, paragraph b,
subparagraph (5), Code 2023, is amended by striking the
subparagraph.
Sec. 7. Section 157.4A, subsection 1, paragraph b,
subparagraph (5), Code 2023, is amended by striking the
subparagraph.
Sec. 8. Section 307.12, subsection 1, paragraph n, Code
2023, is amended by striking the paragraph.
Sec. 9. Section 307.48, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. An employee of the office of motor
vehicle enforcement of the department of transportation on June
30, 2023, who is transferred to the department of public safety
pursuant to this Act, retains all rights to longevity pay.
Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
to read as follows:
2. The division of state patrol of the department of public
safety shall enforce the provisions of this chapter relating to
traffic on the public highways of the state, including those
relating to the safe and legal operation of passenger cars,
motorcycles, motor trucks, and buses, and other commercial
motor vehicles, and to see that proper safety rules are
observed.
Sec. 11. Section 321.266, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding section 455B.386, a carrier transporting
hazardous material upon a public highway in this state, in
the case of an accident involving the transportation of the
hazardous material, shall immediately notify the police radio
broadcasting system established pursuant to section 693.1 or
shall notify a peace officer of the county or city in which
the accident occurs. When a local law enforcement agency is
informed of the accident, the agency shall notify the state
patrol and the state department of transportation office of
-3-motor vehicle enforcement. A person who violates a provision
of this subsection is guilty of a serious misdemeanor.
Sec. 12. Section 321.449, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A person shall not operate a commercial vehicle on the
highways of this state except in compliance with rules adopted
by the department of public safety, in consultation with the
department of transportation, under chapter 17A. The rules
shall be consistent with the federal motor carrier safety
regulations promulgated under United States Code, Tit.49,
and found in 49 C.F.R.pts.385, 390 – 399 and adopted under
chapter 17A.
b. The department of public safety, in consultation with the
department of transportation, shall also adopt rules concerning
hours of service for drivers of vehicles operated for hire
and designed to transport seven or more persons, including
the driver. The rules shall not apply to vehicles offered to
the public for hire that are used principally in intracity
operation and that are regulated by local authorities pursuant
to section 321.236.
Sec. 13. Section 321.449, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A driver or a driver-salesperson for a private carrier,
who is not for hire and who is engaged exclusively in
intrastate commerce, may drive twelve hours, be on duty sixteen
hours in a twenty-four-hour period, and be on duty seventy
hours in seven consecutive days or eighty hours in eight
consecutive days. A “driver-salesperson” means as defined in 49
C.F.R.§395.2, as adopted by the department of public safety
by rule.
Sec. 14. Section 321.449, subsection 8, Code 2023, is
amended to read as follows:
8. In the course of enforcing the motor carrier safety
rules adopted by the department of public safety under chapter
17A, the department’s department of public safety’s peace
-4-officers are authorized, at reasonable times and places and
with reasonable notice, to enter a motor carrier’s place of
business for the purpose of performing a motor carrier safety
audit or compliance review. Nothing in this subsection by
itself permits the seizure of the property of a motor carrier.
Any audit or review shall be conducted in compliance with the
federal motor carrier safety regulations in 49 C.F.R. pts.105
– 185, 382, 383, 385, and 390 – 399. A peace officer of the
department of public safety is authorized to inspect and copy
motor carrier records required by 49 C.F.R. pts.105 – 185,
382, 383, 385, and 390 – 399.
Sec. 15. Section 321.449B, subsection 1, Code 2023, is
amended to read as follows:
1. a. A person subject to rules adopted by the department
of public safety pursuant to section 321.449 shall not
operate a commercial motor vehicle while engaged in texting as
prohibited by 49 C.F.R. §392.80, except in an emergency or as
otherwise permitted under 49 C.F.R. §392.80.
b. A person subject to rules adopted by the department of
public safety pursuant to section 321.449 shall not operate
a commercial motor vehicle while using a hand-held mobile
telephone as prohibited by 49 C.F.R. §392.82, except in an
emergency or as otherwise permitted under 49 C.F.R. §392.82.
Sec. 16. Section 321.450, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not transport or have transported or
shipped within this state any hazardous material except in
compliance with rules adopted by the department of public
safety under chapter 17A. The rules shall be consistent with
the federal hazardous materials regulations adopted under
United States Code, Tit.49, and found in 49 C.F.R. pts.107,
171 to 173, 177, 178, and 180.
Sec. 17. Section 321.463, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding any provision of law to the contrary,
-5-a motor vehicle described in paragraph “a” equipped with an
auxiliary power or idle reduction technology unit that reduces
fuel use and emissions during engine idling may exceed any
applicable maximum gross weight limit under this chapter by
five hundred fifty pounds or the weight of the auxiliary power
or idle reduction technology unit, whichever is less. This
paragraph “b” shall does not apply unless the operator of
the vehicle provides to the department of public safety a
written certification of the weight of the auxiliary power
or idle reduction technology unit, demonstrates or certifies
to the department of public safety that the idle reduction
technology unit is fully functional at all times, and carries
with the operator the written certification of the weight of
the auxiliary power or idle reduction technology unit in the
vehicle at all times to present to law enforcement in the event
the vehicle is suspected of violating any applicable weight
restrictions.
Sec. 18. Section 321.476, subsection 1, Code 2023, is
amended to read as follows:
1. a. Authority is hereby given to the A member of the
state patrol of the department to stop of public safety is
authorized to do any of the following:
a. Stopany motor vehicle or trailer on the highways for the
purposes of weighing and inspection, to weigh and inspect the
same and to enforce the provisions of the motor vehicle laws
relating to the registration, size, weight, and load of motor
vehicles and trailers.
b. Authority is also hereby granted to subject to weighing
and inspection, Weigh and inspect vehicles which have moved
from a highway onto private property under circumstances which
indicate that the load of the vehicle, if any, is substantially
the same as the load which the vehicle carried before moving
onto the private property.
Sec. 19. Section 321.477, Code 2023, is amended to read as
follows:
-6- 321.477 Employees as peace officers — maximum age.
1. The department may designate by resolution certain of its
employees upon each of whom there is conferred the authority
of a peace officer to enforce all laws of the state including
but not limited to the rules and regulations of the department
investigate and enforce all of the following:
a. Laws relating to motor vehicle records, documents,
credentials, procedures, and revenues, including but not
limited to crimes and abuse of authority associated with
fraud, identity theft, vehicle titles and registration, dealer
licenses, and authorized vehicle recycler licenses.
b. Laws relating to motor vehicle fraud including but not
limited to the state and federal odometer laws, including as
provided in sections 307.37 and 321.71.
2. Employees designated as peace officers pursuant to this
section shall have the same powers conferred by law on peace
officers for the enforcement of all laws of this state use
of force in emergent circumstances and the apprehension of
violators.
2. Employees designated as peace officers pursuant to this
section who are assigned to the supervision of the highways
of this state shall spend the preponderance of their time
conducting enforcement activities that assure the safe and
lawful movement and operation of commercial motor vehicles and
vehicles transporting loads, including but not limited to the
enforcement of motor vehicle laws relating to the operating
authority, registration, size, weight, and load of motor
vehicles and trailers, and registration of a motor carrier’s
interstate transportation service with the department.
3. Employees designated as peace officers pursuant to
this section shall not exercise the general powers of a peace
officer set forth in this section within the limits of any
city, except as follows:
a. When so ordered by the direction of the governor.
b. When request is made by the mayor of any city, with the
-7-approval of the director.
c. When request is made by the sheriff or county attorney of
any county, with the approval of the director.
d. While in the pursuit of law violators or in investigating
law violations.
e. While making any inspection provided by this chapter, or
any additional inspection ordered by the director.
f. When engaged in the investigation and enforcement of laws
relating to narcotic, counterfeit, stimulant, and depressant
drugs.
4. The limitations specified in subsection 3 shall in no way
be construed as a limitation on the power ability of employees
designated as peace officers pursuant to this section when a
public offense is being committed in their presence to use
force in defense of life or property.
5. The department shall submit a report to the general
assembly on or before December 1 of each year that details the
nature and scope of enforcement activities conducted in the
previous fiscal year by employees designated as peace officers
pursuant to this section who are assigned to the supervision
of the highways of this state. The report shall include a
comparison of commercial and noncommercial motor vehicle
enforcement activities conducted by such employees.
6. 5. The maximum age for a person employed as a peace
officer pursuant to this section is sixty-five years of age.
Sec. 20. Section 321.481, Code 2023, is amended to read as
follows:
321.481 No impairment of other authority.
Nothing in sections 321.476 through 321.480 321.479 shall be
so construed as to limit or impair the authority or duties of
other peace officers in the enforcement of the motor vehicle
laws or any portion thereof.
Sec. 21. Section 325A.10, Code 2023, is amended to read as
follows:
325A.10 Rules for operation.
-8- The department of public safety, in consultation with the
department of transportation, shall adopt rules pursuant to
chapter 17A as necessary to govern and control the operation,
maintenance, and inspection of vehicles covered by this chapter
upon the highways.
Sec. 22. Section 602.8108, subsection 8, Code 2023, is
amended to read as follows:
8. The state court administrator shall allocate all of the
fines and fees attributable to commercial vehicle violation
citations issued by motor vehicle division personnel of
the state department of transportation public safety to the
treasurer of state for deposit in the road use tax fund.
Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
section 1, is repealed.
Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023,
are repealed.
Sec. 25. TRANSFERS.
1. There is transferred from the department of
transportation’s asset forfeiture fund to the department
of public safety’s asset forfeiture fund the amount of
unencumbered or unobligated moneys remaining in the department
of transportation’s asset forfeiture fund.
2. a. The Iowa public employees’ retirement system
shall perform a trustee-to-trustee lump sum transfer to the
Iowa department of public safety peace officers’ retirement,
accident, and disability system. The transfer shall include an
amount consisting of the accumulated contributions by members
transferred to the peace officers’ retirement, accident, and
disability system pursuant to this Act and every transferred
member’s share of the accumulated employer contributions as
defined in section 97B.53. The transfer shall not be deemed
to be a termination of a member’s plan and an affected member
shall not be entitled to a distribution of the moneys as a
-9-result of the member’s transfer.
b. Upon completion of the transfer, the Iowa department
of public safety peace officers’ retirement, accident, and
disability system shall engage an actuary to determine the
actuarial cost of the remaining transfer. For purposes of this
paragraph, “the actuarial cost of the remaining transfer” is an
amount determined by the peace officers’ retirement, accident,
and disability system in accordance with actuarial tables which
reflects the actuarial cost necessary to fund the increased
retirement allowances less the amount transferred by the Iowa
public employees’ retirement system.
c. Once the transfer is completed, the transferred members
shall forfeit all rights, including service credit and
benefits, under chapter 97B; shall be treated as members under
chapter 97A; and shall be vested in a benefit under chapter 97A
that shall not be less than the benefit to which the member was
entitled under chapter 97B at the time of the transfer.
Sec. 26. TRANSITION — RULES.
1. a. Effective July 1, 2023, peace officers of the
department of public safety shall assume the duties, powers,
and responsibilities of peace officers designated by the
department of transportation under section 321.477, Code
2023, who are assigned to the supervision of the highways
of this state. On or before July 1, 2023, the department
of transportation and the department of public safety, in
consultation with the department of administrative services,
shall identify and transfer affected positions and incumbent
peace officer and civilian employees from the department of
transportation to the department of public safety. Former
peace officer employees of the department of transportation
who are covered by a collective bargaining agreement and who
are reassigned shall be placed in an existing department of
public safety peace officer classification within the state
police officers council bargaining unit, without loss of
seniority or loss of pay accrued while serving as a peace
-10-officer. Any peace officer so reassigned shall be entitled to
all rights, privileges, and benefits of the peace officer’s new
classification, including longevity pay pursuant to section
80.6 as calculated based upon years of service in a peace
officer position, within the state police officers council
bargaining unit as of the effective date of the employee’s
reassignment.
b. The department of public safety shall honor a final
offer of employment made by the department of transportation
to a person who has not accepted the offer by July 1, 2023,
if the employment offer is to fill a position that will be
transitioned to the department of public safety under this
Act. Such persons shall be assigned to the state patrol upon
completion of the department of public safety academy training,
and are entitled to all rights, privileges, and benefits of
similarly reassigned positions and transitioned incumbent peace
officer employees from the department of transportation.
2. On or before July 1, 2023, the department of
transportation shall provide all appropriate documentation
and data required for motor carrier safety assistance program
activities, including but not limited to those relating to
the reimbursement of expenses, for reporting purposes to the
department of public safety, and any other documentation and
data required by the department of public safety to comply with
federal law or for purposes of the transition provided for in
this Act.
3. On or before July 1, 2023, the department of
transportation shall cooperate with the department of public
safety to ensure the department of public safety is aware of
the rules the department of transportation adopted relating
to administering and enforcing commercial motor vehicle
violations. The department of public safety shall inform the
administrative code editor of the applicable rules that need
to be transferred. Any such rule adopted by the department of
transportation shall continue in full force and effect until
-11-the rule is transferred to the department of public safety.
Sec. 27. REPORT TO GENERAL ASSEMBLY. The department
of public safety, in consultation with the department of
transportation, shall submit a report to the general assembly
on or before December 1, 2023, regarding the transfer of
peace officers from the department of transportation to the
department of public safety in accordance with this Act.
The report shall include but is not limited to the actual
expenditures already made and the anticipated remaining
expenditures to be made by both departments to complete the
transition, the moneys transferred from the department of
transportation’s asset forfeiture fund to the department of
public safety’s asset forfeiture fund, the moneys transferred
from the Iowa public employees’ retirement system to the
Iowa department of public safety peace officers’ retirement,
accident, and disability system, and any equipment costs
incurred by either department prior to the reporting date.
Sec. 28. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this Act repealing 2017 Iowa Acts, chapter
149, section 4.
2. The section of this Act setting forth transition
provisions.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 513, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorth/ns/mb
the department of public safety and the department of
transportation, providing transfers of moneys, and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 80.5, subsection 2, Code 2023, is amended
to read as follows:
2. The state patrol is established in the department. The
patrol shall be under the direction of the commissioner. The
number of supervisory officers shall be in proportion to the
membership of the state patrol. The department shall maintain
a vehicle theft unit in the state patrol to investigate
and assist in the examination and identification of stolen,
altered, or forfeited vehicles. In addition to other duties,
powers, and responsibilities prescribed by law, the state
patrol shall conduct enforcement activities that ensure the
safe and lawful movement and operation of commercial motor
vehicles and vehicles transporting loads, including but not
limited to the enforcement of motor vehicle laws relating to
the operating authority, registration, size, weight, and load
of motor vehicles and trailers.
Sec. 2. Section 80.5, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 10. The department of public safety shall
adopt, after consultation with the department of natural
resources and the department of transportation, rules relating
to enforcement of the rules regarding transportation of
hazardous wastes adopted by the department of natural resources
and the department of transportation. The state patrol shall
carry out the enforcement of the rules, in accordance with
state law.
NEW SUBSECTION. 11. The department shall submit a report to
the general assembly on or before December 1 of each year that
details the nature and scope of enforcement activities that
ensure the safe and lawful movement and operation of commercial
motor vehicles and vehicles transporting loads conducted by
members of the state patrol assigned to such enforcement
activities in the previous year. The report shall include
a comparison of commercial and noncommercial motor vehicle
enforcement activities conducted by such members of the state
-1-patrol.
Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023,
is amended to read as follows:
k. A member of the office of motor vehicle enforcement of
the department of transportation involved with the enforcement
activities set forth in section 321.477.
Sec. 4. Section 97B.42B, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. a. Commencing July 1, 2023, a
person who is a designated peace officer in the department of
transportation under section 321.477, Code 2023, as of June 30,
2023, who has fewer than ten years of membership service, and
who is transferred to the department of public safety pursuant
to this Act, shall be a member of the Iowa department of public
safety peace officers’ retirement, accident, and disability
system established in chapter 97A.
b. Commencing July 1, 2023, a person who is a designated
peace officer in the department of transportation under section
321.477, Code 2023, as of June 30, 2023, who has ten or more
years of membership service, and who is transferred to the
department of public safety pursuant to this Act, shall remain
a member of the Iowa public employees’ retirement system.
Sec. 5. Section 97B.49B, subsection 1, paragraph e,
subparagraph (5), Code 2023, is amended to read as follows:
(5) (a) An employee of the state department of
transportation who is designated as a “peace officer” by
resolution under section 321.477, but only if the employee
retires on or after July 1, 1990. For purposes of this
subparagraph, service as a traffic weight officer employed
by the highway commission prior to the creation of the state
department of transportation or as a peace officer employed by
the Iowa state commerce commission prior to the creation of
the state department of transportation shall be included in
computing the employee’s years of membership service.
(b) An employee of the department of public safety described
-2-in section 97B.42B, subsection 4A, paragraph “b”.
Sec. 6. Section 152C.5B, subsection 1, paragraph b,
subparagraph (5), Code 2023, is amended by striking the
subparagraph.
Sec. 7. Section 157.4A, subsection 1, paragraph b,
subparagraph (5), Code 2023, is amended by striking the
subparagraph.
Sec. 8. Section 307.12, subsection 1, paragraph n, Code
2023, is amended by striking the paragraph.
Sec. 9. Section 307.48, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. An employee of the office of motor
vehicle enforcement of the department of transportation on June
30, 2023, who is transferred to the department of public safety
pursuant to this Act, retains all rights to longevity pay.
Sec. 10. Section 321.2, subsection 2, Code 2023, is amended
to read as follows:
2. The division of state patrol of the department of public
safety shall enforce the provisions of this chapter relating to
traffic on the public highways of the state, including those
relating to the safe and legal operation of passenger cars,
motorcycles, motor trucks, and buses, and other commercial
motor vehicles, and to see that proper safety rules are
observed.
Sec. 11. Section 321.266, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding section 455B.386, a carrier transporting
hazardous material upon a public highway in this state, in
the case of an accident involving the transportation of the
hazardous material, shall immediately notify the police radio
broadcasting system established pursuant to section 693.1 or
shall notify a peace officer of the county or city in which
the accident occurs. When a local law enforcement agency is
informed of the accident, the agency shall notify the state
patrol and the state department of transportation office of
-3-motor vehicle enforcement. A person who violates a provision
of this subsection is guilty of a serious misdemeanor.
Sec. 12. Section 321.449, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A person shall not operate a commercial vehicle on the
highways of this state except in compliance with rules adopted
by the department of public safety, in consultation with the
department of transportation, under chapter 17A. The rules
shall be consistent with the federal motor carrier safety
regulations promulgated under United States Code, Tit.49,
and found in 49 C.F.R.pts.385, 390 – 399 and adopted under
chapter 17A.
b. The department of public safety, in consultation with the
department of transportation, shall also adopt rules concerning
hours of service for drivers of vehicles operated for hire
and designed to transport seven or more persons, including
the driver. The rules shall not apply to vehicles offered to
the public for hire that are used principally in intracity
operation and that are regulated by local authorities pursuant
to section 321.236.
Sec. 13. Section 321.449, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A driver or a driver-salesperson for a private carrier,
who is not for hire and who is engaged exclusively in
intrastate commerce, may drive twelve hours, be on duty sixteen
hours in a twenty-four-hour period, and be on duty seventy
hours in seven consecutive days or eighty hours in eight
consecutive days. A “driver-salesperson” means as defined in 49
C.F.R.§395.2, as adopted by the department of public safety
by rule.
Sec. 14. Section 321.449, subsection 8, Code 2023, is
amended to read as follows:
8. In the course of enforcing the motor carrier safety
rules adopted by the department of public safety under chapter
17A, the department’s department of public safety’s peace
-4-officers are authorized, at reasonable times and places and
with reasonable notice, to enter a motor carrier’s place of
business for the purpose of performing a motor carrier safety
audit or compliance review. Nothing in this subsection by
itself permits the seizure of the property of a motor carrier.
Any audit or review shall be conducted in compliance with the
federal motor carrier safety regulations in 49 C.F.R. pts.105
– 185, 382, 383, 385, and 390 – 399. A peace officer of the
department of public safety is authorized to inspect and copy
motor carrier records required by 49 C.F.R. pts.105 – 185,
382, 383, 385, and 390 – 399.
Sec. 15. Section 321.449B, subsection 1, Code 2023, is
amended to read as follows:
1. a. A person subject to rules adopted by the department
of public safety pursuant to section 321.449 shall not
operate a commercial motor vehicle while engaged in texting as
prohibited by 49 C.F.R. §392.80, except in an emergency or as
otherwise permitted under 49 C.F.R. §392.80.
b. A person subject to rules adopted by the department of
public safety pursuant to section 321.449 shall not operate
a commercial motor vehicle while using a hand-held mobile
telephone as prohibited by 49 C.F.R. §392.82, except in an
emergency or as otherwise permitted under 49 C.F.R. §392.82.
Sec. 16. Section 321.450, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not transport or have transported or
shipped within this state any hazardous material except in
compliance with rules adopted by the department of public
safety under chapter 17A. The rules shall be consistent with
the federal hazardous materials regulations adopted under
United States Code, Tit.49, and found in 49 C.F.R. pts.107,
171 to 173, 177, 178, and 180.
Sec. 17. Section 321.463, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding any provision of law to the contrary,
-5-a motor vehicle described in paragraph “a” equipped with an
auxiliary power or idle reduction technology unit that reduces
fuel use and emissions during engine idling may exceed any
applicable maximum gross weight limit under this chapter by
five hundred fifty pounds or the weight of the auxiliary power
or idle reduction technology unit, whichever is less. This
paragraph “b” shall does not apply unless the operator of
the vehicle provides to the department of public safety a
written certification of the weight of the auxiliary power
or idle reduction technology unit, demonstrates or certifies
to the department of public safety that the idle reduction
technology unit is fully functional at all times, and carries
with the operator the written certification of the weight of
the auxiliary power or idle reduction technology unit in the
vehicle at all times to present to law enforcement in the event
the vehicle is suspected of violating any applicable weight
restrictions.
Sec. 18. Section 321.476, subsection 1, Code 2023, is
amended to read as follows:
1. a. Authority is hereby given to the A member of the
state patrol of the department to stop of public safety is
authorized to do any of the following:
a. Stopany motor vehicle or trailer on the highways for the
purposes of weighing and inspection, to weigh and inspect the
same and to enforce the provisions of the motor vehicle laws
relating to the registration, size, weight, and load of motor
vehicles and trailers.
b. Authority is also hereby granted to subject to weighing
and inspection, Weigh and inspect vehicles which have moved
from a highway onto private property under circumstances which
indicate that the load of the vehicle, if any, is substantially
the same as the load which the vehicle carried before moving
onto the private property.
Sec. 19. Section 321.477, Code 2023, is amended to read as
follows:
-6- 321.477 Employees as peace officers — maximum age.
1. The department may designate by resolution certain of its
employees upon each of whom there is conferred the authority
of a peace officer to enforce all laws of the state including
but not limited to the rules and regulations of the department
investigate and enforce all of the following:
a. Laws relating to motor vehicle records, documents,
credentials, procedures, and revenues, including but not
limited to crimes and abuse of authority associated with
fraud, identity theft, vehicle titles and registration, dealer
licenses, and authorized vehicle recycler licenses.
b. Laws relating to motor vehicle fraud including but not
limited to the state and federal odometer laws, including as
provided in sections 307.37 and 321.71.
2. Employees designated as peace officers pursuant to this
section shall have the same powers conferred by law on peace
officers for the enforcement of all laws of this state use
of force in emergent circumstances and the apprehension of
violators.
2. Employees designated as peace officers pursuant to this
section who are assigned to the supervision of the highways
of this state shall spend the preponderance of their time
conducting enforcement activities that assure the safe and
lawful movement and operation of commercial motor vehicles and
vehicles transporting loads, including but not limited to the
enforcement of motor vehicle laws relating to the operating
authority, registration, size, weight, and load of motor
vehicles and trailers, and registration of a motor carrier’s
interstate transportation service with the department.
3. Employees designated as peace officers pursuant to
this section shall not exercise the general powers of a peace
officer set forth in this section within the limits of any
city, except as follows:
a. When so ordered by the direction of the governor.
b. When request is made by the mayor of any city, with the
-7-approval of the director.
c. When request is made by the sheriff or county attorney of
any county, with the approval of the director.
d. While in the pursuit of law violators or in investigating
law violations.
e. While making any inspection provided by this chapter, or
any additional inspection ordered by the director.
f. When engaged in the investigation and enforcement of laws
relating to narcotic, counterfeit, stimulant, and depressant
drugs.
4. The limitations specified in subsection 3 shall in no way
be construed as a limitation on the power ability of employees
designated as peace officers pursuant to this section when a
public offense is being committed in their presence to use
force in defense of life or property.
5. The department shall submit a report to the general
assembly on or before December 1 of each year that details the
nature and scope of enforcement activities conducted in the
previous fiscal year by employees designated as peace officers
pursuant to this section who are assigned to the supervision
of the highways of this state. The report shall include a
comparison of commercial and noncommercial motor vehicle
enforcement activities conducted by such employees.
6. 5. The maximum age for a person employed as a peace
officer pursuant to this section is sixty-five years of age.
Sec. 20. Section 321.481, Code 2023, is amended to read as
follows:
321.481 No impairment of other authority.
Nothing in sections 321.476 through 321.480 321.479 shall be
so construed as to limit or impair the authority or duties of
other peace officers in the enforcement of the motor vehicle
laws or any portion thereof.
Sec. 21. Section 325A.10, Code 2023, is amended to read as
follows:
325A.10 Rules for operation.
-8- The department of public safety, in consultation with the
department of transportation, shall adopt rules pursuant to
chapter 17A as necessary to govern and control the operation,
maintenance, and inspection of vehicles covered by this chapter
upon the highways.
Sec. 22. Section 602.8108, subsection 8, Code 2023, is
amended to read as follows:
8. The state court administrator shall allocate all of the
fines and fees attributable to commercial vehicle violation
citations issued by motor vehicle division personnel of
the state department of transportation public safety to the
treasurer of state for deposit in the road use tax fund.
Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as
amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa
Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082,
section 1, is repealed.
Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023,
are repealed.
Sec. 25. TRANSFERS.
1. There is transferred from the department of
transportation’s asset forfeiture fund to the department
of public safety’s asset forfeiture fund the amount of
unencumbered or unobligated moneys remaining in the department
of transportation’s asset forfeiture fund.
2. a. The Iowa public employees’ retirement system
shall perform a trustee-to-trustee lump sum transfer to the
Iowa department of public safety peace officers’ retirement,
accident, and disability system. The transfer shall include an
amount consisting of the accumulated contributions by members
transferred to the peace officers’ retirement, accident, and
disability system pursuant to this Act and every transferred
member’s share of the accumulated employer contributions as
defined in section 97B.53. The transfer shall not be deemed
to be a termination of a member’s plan and an affected member
shall not be entitled to a distribution of the moneys as a
-9-result of the member’s transfer.
b. Upon completion of the transfer, the Iowa department
of public safety peace officers’ retirement, accident, and
disability system shall engage an actuary to determine the
actuarial cost of the remaining transfer. For purposes of this
paragraph, “the actuarial cost of the remaining transfer” is an
amount determined by the peace officers’ retirement, accident,
and disability system in accordance with actuarial tables which
reflects the actuarial cost necessary to fund the increased
retirement allowances less the amount transferred by the Iowa
public employees’ retirement system.
c. Once the transfer is completed, the transferred members
shall forfeit all rights, including service credit and
benefits, under chapter 97B; shall be treated as members under
chapter 97A; and shall be vested in a benefit under chapter 97A
that shall not be less than the benefit to which the member was
entitled under chapter 97B at the time of the transfer.
Sec. 26. TRANSITION — RULES.
1. a. Effective July 1, 2023, peace officers of the
department of public safety shall assume the duties, powers,
and responsibilities of peace officers designated by the
department of transportation under section 321.477, Code
2023, who are assigned to the supervision of the highways
of this state. On or before July 1, 2023, the department
of transportation and the department of public safety, in
consultation with the department of administrative services,
shall identify and transfer affected positions and incumbent
peace officer and civilian employees from the department of
transportation to the department of public safety. Former
peace officer employees of the department of transportation
who are covered by a collective bargaining agreement and who
are reassigned shall be placed in an existing department of
public safety peace officer classification within the state
police officers council bargaining unit, without loss of
seniority or loss of pay accrued while serving as a peace
-10-officer. Any peace officer so reassigned shall be entitled to
all rights, privileges, and benefits of the peace officer’s new
classification, including longevity pay pursuant to section
80.6 as calculated based upon years of service in a peace
officer position, within the state police officers council
bargaining unit as of the effective date of the employee’s
reassignment.
b. The department of public safety shall honor a final
offer of employment made by the department of transportation
to a person who has not accepted the offer by July 1, 2023,
if the employment offer is to fill a position that will be
transitioned to the department of public safety under this
Act. Such persons shall be assigned to the state patrol upon
completion of the department of public safety academy training,
and are entitled to all rights, privileges, and benefits of
similarly reassigned positions and transitioned incumbent peace
officer employees from the department of transportation.
2. On or before July 1, 2023, the department of
transportation shall provide all appropriate documentation
and data required for motor carrier safety assistance program
activities, including but not limited to those relating to
the reimbursement of expenses, for reporting purposes to the
department of public safety, and any other documentation and
data required by the department of public safety to comply with
federal law or for purposes of the transition provided for in
this Act.
3. On or before July 1, 2023, the department of
transportation shall cooperate with the department of public
safety to ensure the department of public safety is aware of
the rules the department of transportation adopted relating
to administering and enforcing commercial motor vehicle
violations. The department of public safety shall inform the
administrative code editor of the applicable rules that need
to be transferred. Any such rule adopted by the department of
transportation shall continue in full force and effect until
-11-the rule is transferred to the department of public safety.
Sec. 27. REPORT TO GENERAL ASSEMBLY. The department
of public safety, in consultation with the department of
transportation, shall submit a report to the general assembly
on or before December 1, 2023, regarding the transfer of
peace officers from the department of transportation to the
department of public safety in accordance with this Act.
The report shall include but is not limited to the actual
expenditures already made and the anticipated remaining
expenditures to be made by both departments to complete the
transition, the moneys transferred from the department of
transportation’s asset forfeiture fund to the department of
public safety’s asset forfeiture fund, the moneys transferred
from the Iowa public employees’ retirement system to the
Iowa department of public safety peace officers’ retirement,
accident, and disability system, and any equipment costs
incurred by either department prior to the reporting date.
Sec. 28. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:
1. The section of this Act repealing 2017 Iowa Acts, chapter
149, section 4.
2. The section of this Act setting forth transition
provisions.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 513, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorth/ns/mb