Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 97B.49, subsection 16, paragraph d, 1 2 subparagraph (7), Code 1995, is amended to read as follows: 1 3 (7) An employee of the state department of transportation 1 4 who is designated as a"peace officer" by resolutionunder 1 5 section 321.477, but only if the employee retires on or after 1 6 July 1, 1990. For purposes of this subparagraph, service as a 1 7 traffic weight officer employed by the highway commission 1 8 prior to the creation of the state department of 1 9 transportation or as a peace officer employed by the Iowa 1 10 state commerce commission prior to the creation of the state 1 11 department of transportation shall be included in computing 1 12 the employee's years of membership service. 1 13 Sec. 2. Section 321.1, subsection 50, Code 1995, is 1 14 amended to read as follows: 1 15 50. "Peace officer" means every officer authorized to 1 16direct or regulate traffic or to make arrests for violations1 17of traffic regulations in addition to its meaning incarry out 1 18 and enforce all laws of the state and the rules and 1 19 regulations of the department or any other peace officer 1 20 included in the definition of peace officers under section 1 21 801.4. 1 22 Sec. 3. Section 321.465, unnumbered paragraph 4, Code 1 23 1995, is amended to read as follows: 1 24Upon weighing a vehicle and load, as above provided, if1 25suchIf the load is a sealed load, theweightpeace officer 1 26 shall issue a certificate setting forth the weights as 1 27 determined by theweightpeace officer and the seal number or 1 28 numbers, if requested by the operator. 1 29 Sec. 4. Section 321.477, Code 1995, is amended to read as 1 30 follows: 1 31 321.477 EMPLOYEES AS PEACE OFFICERS. 1 32 The departmentmayshall designateby resolutionas peace 1 33 officers certainof itsfull-time employeesupon each of whom1 34there is hereby conferredwho shall have the authorityof a1 35peace officer to control and directto carry out and enforce 2 1 all laws of the state and rules and regulations of the 2 2 department. Each designated employee's peace officer 2 3 authority shall include, but not be limited to, controlling 2 4 and directing trafficand weigh, weighing vehicles, andto2 5makemaking arrests for violations of the motor vehicle laws 2 6 relating totheoperating authority, registration, size, 2 7 weight, and load of motor vehicles and trailers and 2 8 registration of a motor carrier's interstate transportation 2 9 service with the department. 2 10 Sec. 5. Section 327B.2, Code 1995, is amended to read as 2 11 follows: 2 12 327B.2 ENFORCEMENT. 2 13The stateState department of transportationmay designate2 14by resolution certain of its employees upon each of whom there2 15is hereby conferredemployees designated as peace officers 2 16 under section 321.477 shall have the authorityof a peace2 17officerto make arrests for violations of laws relating to the 2 18 registration of a motor carrier's interstate transportation 2 19 service with the state department of transportation. 2 20 Sec. 6. Section 452A.76, unnumbered paragraph 2, Code 2 21 1995, is amended to read as follows: 2 22 Authority to enforce division III is given to the state 2 23 department of transportation. Employeesofdesignated by the 2 24 state department of transportationdesignated enforcement2 25employeesshall have the power of peace officers in the 2 26 performance of their duties; however, they shall not be 2 27 considered members of the Iowa highway safety patrol. The 2 28 department of transportation shall furnishenforcementpeace 2 29 officer employees with necessary equipment and supplies in the 2 30 same manner as provided in section 80.18, including uniforms 2 31 which are distinguishable in color and design from those of 2 32 the Iowa highway safety patrol.EnforcementPeace officer 2 33 employees shall be furnished and shall conspicuously display 2 34 badges of authority. 2 35 Sec. 7. Section 801.4, subsection 11, paragraph h, Code 3 1 1995, is amended to read as follows: 3 2 h.Such employeesEmployees of the state department of 3 3 transportationaswho are designated as"peace officers"by 3 4resolution ofthe department under section 321.477. 3 5 Sec. 8. MOTOR VEHICLE ENFORCEMENT OFFICERS. The office of 3 6 motor vehicle enforcement of the motor vehicle division of the 3 7 state department of transportation shall be transferred to the 3 8 division of highway safety and uniformed force of the 3 9 department of public safety, effective July 1, 1995. The 3 10 appropriations, grants, motor vehicles, equipment, supplies, 3 11 and records of or used by the employees of the office of motor 3 12 vehicle enforcement of the state department of transportation 3 13 shall also be transferred to the department of public safety, 3 14 effective July 1, 1995. All references in the Code which 3 15 authorize the motor vehicle enforcement office of the motor 3 16 vehicle division of the state department of transportation to 3 17 perform enforcement-related duties shall be considered 3 18 authority for the transferred employees to perform those same 3 19 enforcement-related duties as employees of the division of 3 20 highway safety and uniformed force of the department of public 3 21 safety. The commissioner of public safety and the director of 3 22 transportation shall work jointly to implement the transfer 3 23 authorized under this section. 3 24 EXPLANATION 3 25 This bill gives full-time employees designated by the state 3 26 department of transportation the same authority as a peace 3 27 officer to enforce all the laws of the state of Iowa. It 3 28 eliminates a requirement that the department designate 3 29 employees by resolution and allows them to simply designate an 3 30 employee who will have peace officer status. The bill 3 31 provides for the transfer of the office of motor vehicle 3 32 enforcement of the motor vehicle division of the state 3 33 department of transportation to the division of highway safety 3 34 and uniformed force of the department of public safety, 3 35 effective July 1, 1995. The bill also makes other technical 4 1 changes. 4 2 LSB 1167HV 76 4 3 js/jj/8
Text: HF00509 Text: HF00511 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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