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Senate File 2376

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 97B.49, subsection 16, paragraph d,
  1  2 subparagraph (7), Code Supplement 1995, is amended to read as
  1  3 follows:
  1  4    (7)  An employee of the state department of transportation
  1  5 who is designated as a "peace officer" by resolution under
  1  6 section 321.477, but only if the employee retires on or after
  1  7 July 1, 1990.  For purposes of this subparagraph, service as a
  1  8 traffic weight officer employed by the highway commission
  1  9 prior to the creation of the state department of
  1 10 transportation or as a peace officer employed by the Iowa
  1 11 state commerce commission prior to the creation of the state
  1 12 department of transportation shall be included in computing
  1 13 the employee's years of membership service.
  1 14    Sec. 2.  Section 321.1, subsection 50, Code Supplement
  1 15 1995, is amended to read as follows:
  1 16    50.  "Peace officer" means every officer authorized to
  1 17 direct or regulate traffic or to make arrests for violations
  1 18 of traffic regulations in addition to its meaning in carry out
  1 19 and enforce all laws of the state and the rules and
  1 20 regulations of the department or any other peace officer
  1 21 included in the definition of peace officers under section
  1 22 801.4.
  1 23    Sec. 3.  Section 321.465, unnumbered paragraph 4, Code
  1 24 1995, is amended to read as follows:
  1 25    Upon weighing a vehicle and load, as above provided, if
  1 26 such If the load is a sealed load, the weight peace officer
  1 27 shall issue a certificate setting forth the weights as
  1 28 determined by the weight peace officer and the seal number or
  1 29 numbers, if requested by the operator.
  1 30    Sec. 4.  Section 321.477, Code 1995, is amended to read as
  1 31 follows:
  1 32    321.477  EMPLOYEES AS PEACE OFFICERS.
  1 33    The department may shall designate by resolution as peace
  1 34 officers certain of its full-time employees upon each of whom
  1 35 there is hereby conferred who shall have the authority of a
  2  1 peace officer to control and direct to carry out and enforce
  2  2 all laws of the state and rules and regulations of the
  2  3 department.  Each designated employee's peace officer
  2  4 authority shall include, but not be limited to, controlling
  2  5 and directing traffic and weigh, weighing vehicles, and to
  2  6 make making arrests for violations of the motor vehicle laws
  2  7 relating to the operating authority, registration, size,
  2  8 weight, and load of motor vehicles and trailers and
  2  9 registration of a motor carrier's interstate transportation
  2 10 service with the department.
  2 11    Sec. 5.  Section 327B.2, Code 1995, is amended to read as
  2 12 follows:
  2 13    327B.2  ENFORCEMENT.
  2 14    The state State department of transportation may designate
  2 15 by resolution certain of its employees upon each of whom there
  2 16 is hereby conferred employees designated as peace officers
  2 17 under section 321.477 shall have the authority of a peace
  2 18 officer to make arrests for violations of laws relating to the
  2 19 registration of a motor carrier's interstate transportation
  2 20 service with the state department of transportation.
  2 21    Sec. 6.  Section 452A.76, unnumbered paragraph 1, Code
  2 22 Supplement 1995, is amended to read as follows:
  2 23    Authority to enforce division III is given to the state
  2 24 department of transportation.  Employees of designated by the
  2 25 state department of transportation designated enforcement
  2 26 employees shall have the power of peace officers in the
  2 27 performance of their duties; however, they shall not be
  2 28 considered members of the Iowa highway safety patrol.  The
  2 29 state department of transportation shall furnish enforcement
  2 30 peace officer employees with necessary equipment and supplies
  2 31 in the same manner as provided in section 80.18, including
  2 32 uniforms which are distinguishable in color and design from
  2 33 those of the Iowa highway safety patrol.  Enforcement Peace
  2 34 officer employees shall be furnished and shall conspicuously
  2 35 display badges of authority.
  3  1    Sec. 7.  Section 801.4, subsection 11, paragraph h, Code
  3  2 1995, is amended to read as follows:
  3  3    h.  Such employees Employees of the state department of
  3  4 transportation as who are designated as "peace officers" by
  3  5 resolution of the department under section 321.477.  
  3  6                           EXPLANATION
  3  7    This bill gives full-time employees designated by the state
  3  8 department of transportation the same authority as a peace
  3  9 officer to enforce all the laws of the state of Iowa.  It
  3 10 eliminates a requirement that the department designate
  3 11 employees by resolution and allows them to simply designate an
  3 12 employee who will have peace officer status.  The bill also
  3 13 makes other technical changes.  
  3 14 LSB 3169SV 76
  3 15 js/jj/8
     
Text: SF02375                           Text: SF02377
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