Senate File 513 S-3075 Amend Senate File 513 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 80.5, subsection 2, Code 2023, is 4 amended to read as follows: 5 2. The state patrol is established in the department. The 6 patrol shall be under the direction of the commissioner. The 7 number of supervisory officers shall be in proportion to the 8 membership of the state patrol. The department shall maintain 9 a vehicle theft unit in the state patrol to investigate 10 and assist in the examination and identification of stolen, 11 altered, or forfeited vehicles. In addition to other duties, 12 powers, and responsibilities prescribed by law, the state 13 patrol shall conduct enforcement activities that ensure the 14 safe and lawful movement and operation of commercial motor 15 vehicles and vehicles transporting loads, including but not 16 limited to the enforcement of motor vehicle laws relating to 17 the operating authority, registration, size, weight, and load 18 of motor vehicles and trailers. 19 Sec. 2. Section 80.5, Code 2023, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 10. The department of public safety shall 22 adopt, after consultation with the department of natural 23 resources and the department of transportation, rules relating 24 to enforcement of the rules regarding transportation of 25 hazardous wastes adopted by the department of natural resources 26 and the department of transportation. The state patrol shall 27 carry out the enforcement of the rules, in accordance with 28 state law. 29 NEW SUBSECTION . 11. The department shall submit a report to 30 the general assembly on or before December 1 of each year that 31 details the nature and scope of enforcement activities that 32 ensure the safe and lawful movement and operation of commercial 33 motor vehicles and vehicles transporting loads conducted by 34 members of the state patrol assigned to such enforcement 35 -1- SF 513.1024 (1) 90 th/ns 1/ 12 #1.
activities in the previous year. The report shall include 1 a comparison of commercial and noncommercial motor vehicle 2 enforcement activities conducted by such members of the state 3 patrol. 4 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023, 5 is amended to read as follows: 6 k. A member of the office of motor vehicle enforcement of 7 the department of transportation involved with the enforcement 8 activities set forth in section 321.477 . 9 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 4A. a. Commencing July 1, 2023, a 12 person who is a designated peace officer in the department of 13 transportation under section 321.477, Code 2023, as of June 30, 14 2023, who has fewer than ten years of membership service, and 15 who is transferred to the department of public safety pursuant 16 to this Act, shall be a member of the Iowa department of public 17 safety peace officers’ retirement, accident, and disability 18 system established in chapter 97A. 19 b. Commencing July 1, 2023, a person who is a designated 20 peace officer in the department of transportation under section 21 321.477, Code 2023, as of June 30, 2023, who has ten or more 22 years of membership service, and who is transferred to the 23 department of public safety pursuant to this Act, shall remain 24 a member of the Iowa public employees’ retirement system. 25 Sec. 5. Section 97B.49B, subsection 1, paragraph e, 26 subparagraph (5), Code 2023, is amended to read as follows: 27 (5) (a) An employee of the state department of 28 transportation who is designated as a “peace officer” by 29 resolution under section 321.477 , but only if the employee 30 retires on or after July 1, 1990. For purposes of this 31 subparagraph, service as a traffic weight officer employed 32 by the highway commission prior to the creation of the state 33 department of transportation or as a peace officer employed by 34 the Iowa state commerce commission prior to the creation of 35 -2- SF 513.1024 (1) 90 th/ns 2/ 12
the state department of transportation shall be included in 1 computing the employee’s years of membership service. 2 (b) An employee of the department of public safety described 3 in section 97B.42B, subsection 4A, paragraph “b” . 4 Sec. 6. Section 152C.5B, subsection 1, paragraph b, 5 subparagraph (5), Code 2023, is amended by striking the 6 subparagraph. 7 Sec. 7. Section 157.4A, subsection 1, paragraph b, 8 subparagraph (5), Code 2023, is amended by striking the 9 subparagraph. 10 Sec. 8. Section 307.12, subsection 1, paragraph n, Code 11 2023, is amended by striking the paragraph. 12 Sec. 9. Section 307.48, Code 2023, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. An employee of the office of motor 15 vehicle enforcement of the department of transportation on June 16 30, 2023, who is transferred to the department of public safety 17 pursuant to this Act, retains all rights to longevity pay. 18 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended 19 to read as follows: 20 2. The division of state patrol of the department of public 21 safety shall enforce the provisions of this chapter relating to 22 traffic on the public highways of the state, including those 23 relating to the safe and legal operation of passenger cars, 24 motorcycles, motor trucks , and buses, and other commercial 25 motor vehicles, and to see that proper safety rules are 26 observed. 27 Sec. 11. Section 321.266, subsection 4, Code 2023, is 28 amended to read as follows: 29 4. Notwithstanding section 455B.386 , a carrier transporting 30 hazardous material upon a public highway in this state, in 31 the case of an accident involving the transportation of the 32 hazardous material, shall immediately notify the police radio 33 broadcasting system established pursuant to section 693.1 or 34 shall notify a peace officer of the county or city in which 35 -3- SF 513.1024 (1) 90 th/ns 3/ 12
the accident occurs. When a local law enforcement agency is 1 informed of the accident, the agency shall notify the state 2 patrol and the state department of transportation office of 3 motor vehicle enforcement . A person who violates a provision 4 of this subsection is guilty of a serious misdemeanor. 5 Sec. 12. Section 321.449, subsection 1, paragraphs a and b, 6 Code 2023, are amended to read as follows: 7 a. A person shall not operate a commercial vehicle on the 8 highways of this state except in compliance with rules adopted 9 by the department of public safety, in consultation with the 10 department of transportation, under chapter 17A . The rules 11 shall be consistent with the federal motor carrier safety 12 regulations promulgated under United States Code, Tit. 49, 13 and found in 49 C.F.R. pts. 385, 390 399 and adopted under 14 chapter 17A . 15 b. The department of public safety, in consultation with the 16 department of transportation, shall also adopt rules concerning 17 hours of service for drivers of vehicles operated for hire 18 and designed to transport seven or more persons, including 19 the driver. The rules shall not apply to vehicles offered to 20 the public for hire that are used principally in intracity 21 operation and that are regulated by local authorities pursuant 22 to section 321.236 . 23 Sec. 13. Section 321.449, subsection 4, paragraph c, Code 24 2023, is amended to read as follows: 25 c. A driver or a driver-salesperson for a private carrier, 26 who is not for hire and who is engaged exclusively in 27 intrastate commerce, may drive twelve hours, be on duty sixteen 28 hours in a twenty-four-hour period, and be on duty seventy 29 hours in seven consecutive days or eighty hours in eight 30 consecutive days. A “driver-salesperson” means as defined in 49 31 C.F.R. §395.2, as adopted by the department of public safety 32 by rule. 33 Sec. 14. Section 321.449, subsection 8, Code 2023, is 34 amended to read as follows: 35 -4- SF 513.1024 (1) 90 th/ns 4/ 12
8. In the course of enforcing the motor carrier safety 1 rules adopted by the department of public safety under chapter 2 17A , the department’s department of public safety’s peace 3 officers are authorized, at reasonable times and places and 4 with reasonable notice, to enter a motor carrier’s place of 5 business for the purpose of performing a motor carrier safety 6 audit or compliance review. Nothing in this subsection by 7 itself permits the seizure of the property of a motor carrier. 8 Any audit or review shall be conducted in compliance with the 9 federal motor carrier safety regulations in 49 C.F.R. pts. 105 10 185, 382, 383, 385, and 390 399. A peace officer of the 11 department of public safety is authorized to inspect and copy 12 motor carrier records required by 49 C.F.R. pts. 105 185, 13 382, 383, 385, and 390 399. 14 Sec. 15. Section 321.449B, subsection 1, Code 2023, is 15 amended to read as follows: 16 1. a. A person subject to rules adopted by the department 17 of public safety pursuant to section 321.449 shall not 18 operate a commercial motor vehicle while engaged in texting as 19 prohibited by 49 C.F.R. §392.80 , except in an emergency or as 20 otherwise permitted under 49 C.F.R. §392.80 . 21 b. A person subject to rules adopted by the department of 22 public safety pursuant to section 321.449 shall not operate 23 a commercial motor vehicle while using a hand-held mobile 24 telephone as prohibited by 49 C.F.R. §392.82 , except in an 25 emergency or as otherwise permitted under 49 C.F.R. §392.82 . 26 Sec. 16. Section 321.450, subsection 1, Code 2023, is 27 amended to read as follows: 28 1. A person shall not transport or have transported or 29 shipped within this state any hazardous material except in 30 compliance with rules adopted by the department of public 31 safety under chapter 17A . The rules shall be consistent with 32 the federal hazardous materials regulations adopted under 33 United States Code, Tit. 49, and found in 49 C.F.R. pts. 107, 34 171 to 173, 177, 178, and 180. 35 -5- SF 513.1024 (1) 90 th/ns 5/ 12
Sec. 17. Section 321.463, subsection 5, paragraph b, Code 1 2023, is amended to read as follows: 2 b. Notwithstanding any provision of law to the contrary, 3 a motor vehicle described in paragraph “a” equipped with an 4 auxiliary power or idle reduction technology unit that reduces 5 fuel use and emissions during engine idling may exceed any 6 applicable maximum gross weight limit under this chapter by 7 five hundred fifty pounds or the weight of the auxiliary power 8 or idle reduction technology unit, whichever is less. This 9 paragraph “b” shall does not apply unless the operator of 10 the vehicle provides to the department of public safety a 11 written certification of the weight of the auxiliary power 12 or idle reduction technology unit, demonstrates or certifies 13 to the department of public safety that the idle reduction 14 technology unit is fully functional at all times, and carries 15 with the operator the written certification of the weight of 16 the auxiliary power or idle reduction technology unit in the 17 vehicle at all times to present to law enforcement in the event 18 the vehicle is suspected of violating any applicable weight 19 restrictions. 20 Sec. 18. Section 321.476, subsection 1, Code 2023, is 21 amended to read as follows: 22 1. a. Authority is hereby given to the A member of the 23 state patrol of the department to stop of public safety is 24 authorized to do any of the following: 25 a. Stop any motor vehicle or trailer on the highways for the 26 purposes of weighing and inspection, to weigh and inspect the 27 same and to enforce the provisions of the motor vehicle laws 28 relating to the registration, size, weight, and load of motor 29 vehicles and trailers. 30 b. Authority is also hereby granted to subject to weighing 31 and inspection, Weigh and inspect vehicles which have moved 32 from a highway onto private property under circumstances which 33 indicate that the load of the vehicle, if any, is substantially 34 the same as the load which the vehicle carried before moving 35 -6- SF 513.1024 (1) 90 th/ns 6/ 12
onto the private property. 1 Sec. 19. Section 321.477, Code 2023, is amended to read as 2 follows: 3 321.477 Employees as peace officers —— maximum age. 4 1. The department may designate by resolution certain of its 5 employees upon each of whom there is conferred the authority 6 of a peace officer to enforce all laws of the state including 7 but not limited to the rules and regulations of the department 8 investigate and enforce all of the following: 9 a. Laws relating to motor vehicle records, documents, 10 credentials, procedures, and revenues, including but not 11 limited to crimes and abuse of authority associated with 12 fraud, identity theft, vehicle titles and registration, dealer 13 licenses, and authorized vehicle recycler licenses . 14 b. Laws relating to motor vehicle fraud including but not 15 limited to the state and federal odometer laws, including as 16 provided in sections 307.37 and 321.71. 17 2. Employees designated as peace officers pursuant to this 18 section shall have the same powers conferred by law on peace 19 officers for the enforcement of all laws of this state use 20 of force in emergent circumstances and the apprehension of 21 violators. 22 2. Employees designated as peace officers pursuant to this 23 section who are assigned to the supervision of the highways 24 of this state shall spend the preponderance of their time 25 conducting enforcement activities that assure the safe and 26 lawful movement and operation of commercial motor vehicles and 27 vehicles transporting loads, including but not limited to the 28 enforcement of motor vehicle laws relating to the operating 29 authority, registration, size, weight, and load of motor 30 vehicles and trailers, and registration of a motor carrier’s 31 interstate transportation service with the department. 32 3. Employees designated as peace officers pursuant to 33 this section shall not exercise the general powers of a peace 34 officer set forth in this section within the limits of any 35 -7- SF 513.1024 (1) 90 th/ns 7/ 12
city, except as follows: 1 a. When so ordered by the direction of the governor. 2 b. When request is made by the mayor of any city, with the 3 approval of the director. 4 c. When request is made by the sheriff or county attorney of 5 any county, with the approval of the director. 6 d. While in the pursuit of law violators or in investigating 7 law violations. 8 e. While making any inspection provided by this chapter , or 9 any additional inspection ordered by the director. 10 f. When engaged in the investigation and enforcement of laws 11 relating to narcotic, counterfeit, stimulant, and depressant 12 drugs. 13 4. The limitations specified in subsection 3 shall in no way 14 be construed as a limitation on the power ability of employees 15 designated as peace officers pursuant to this section when a 16 public offense is being committed in their presence to use 17 force in defense of life or property . 18 5. The department shall submit a report to the general 19 assembly on or before December 1 of each year that details the 20 nature and scope of enforcement activities conducted in the 21 previous fiscal year by employees designated as peace officers 22 pursuant to this section who are assigned to the supervision 23 of the highways of this state. The report shall include a 24 comparison of commercial and noncommercial motor vehicle 25 enforcement activities conducted by such employees. 26 6. 5. The maximum age for a person employed as a peace 27 officer pursuant to this section is sixty-five years of age. 28 Sec. 20. Section 321.481, Code 2023, is amended to read as 29 follows: 30 321.481 No impairment of other authority. 31 Nothing in sections 321.476 through 321.480 321.479 shall be 32 so construed as to limit or impair the authority or duties of 33 other peace officers in the enforcement of the motor vehicle 34 laws or any portion thereof. 35 -8- SF 513.1024 (1) 90 th/ns 8/ 12
Sec. 21. Section 325A.10, Code 2023, is amended to read as 1 follows: 2 325A.10 Rules for operation. 3 The department of public safety, in consultation with the 4 department of transportation, shall adopt rules pursuant to 5 chapter 17A as necessary to govern and control the operation, 6 maintenance, and inspection of vehicles covered by this chapter 7 upon the highways. 8 Sec. 22. Section 602.8108, subsection 8, Code 2023, is 9 amended to read as follows: 10 8. The state court administrator shall allocate all of the 11 fines and fees attributable to commercial vehicle violation 12 citations issued by motor vehicle division personnel of 13 the state department of transportation public safety to the 14 treasurer of state for deposit in the road use tax fund. 15 Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as 16 amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa 17 Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082, 18 section 1, is repealed. 19 Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023, 20 are repealed. 21 Sec. 25. TRANSFERS. 22 1. There is transferred from the department of 23 transportation’s asset forfeiture fund to the department 24 of public safety’s asset forfeiture fund the amount of 25 unencumbered or unobligated moneys remaining in the department 26 of transportation’s asset forfeiture fund. 27 2. a. The Iowa public employees’ retirement system 28 shall perform a trustee-to-trustee lump sum transfer to the 29 Iowa department of public safety peace officers’ retirement, 30 accident, and disability system. The transfer shall include an 31 amount consisting of the accumulated contributions by members 32 transferred to the peace officers’ retirement, accident, and 33 disability system pursuant to this Act and every transferred 34 member’s share of the accumulated employer contributions as 35 -9- SF 513.1024 (1) 90 th/ns 9/ 12
defined in section 97B.53. The transfer shall not be deemed 1 to be a termination of a member’s plan and an affected member 2 shall not be entitled to a distribution of the moneys as a 3 result of the member’s transfer. 4 b. Upon completion of the transfer, the Iowa department 5 of public safety peace officers’ retirement, accident, and 6 disability system shall engage an actuary to determine the 7 actuarial cost of the remaining transfer. For purposes of this 8 paragraph, “the actuarial cost of the remaining transfer” is an 9 amount determined by the peace officers’ retirement, accident, 10 and disability system in accordance with actuarial tables which 11 reflects the actuarial cost necessary to fund the increased 12 retirement allowances less the amount transferred by the Iowa 13 public employees’ retirement system. 14 c. Once the transfer is completed, the transferred members 15 shall forfeit all rights, including service credit and 16 benefits, under chapter 97B; shall be treated as members under 17 chapter 97A; and shall be vested in a benefit under chapter 97A 18 that shall not be less than the benefit to which the member was 19 entitled under chapter 97B at the time of the transfer. 20 Sec. 26. TRANSITION —— RULES. 21 1. a. Effective July 1, 2023, peace officers of the 22 department of public safety shall assume the duties, powers, 23 and responsibilities of peace officers designated by the 24 department of transportation under section 321.477, Code 25 2023, who are assigned to the supervision of the highways 26 of this state. On or before July 1, 2023, the department 27 of transportation and the department of public safety, in 28 consultation with the department of administrative services, 29 shall identify and transfer affected positions and incumbent 30 peace officer and civilian employees from the department of 31 transportation to the department of public safety. Former 32 peace officer employees of the department of transportation 33 who are covered by a collective bargaining agreement and who 34 are reassigned shall be placed in an existing department of 35 -10- SF 513.1024 (1) 90 th/ns 10/ 12
public safety peace officer classification within the state 1 police officers council bargaining unit, without loss of 2 seniority or loss of pay accrued while serving as a peace 3 officer. Any peace officer so reassigned shall be entitled to 4 all rights, privileges, and benefits of the peace officer’s new 5 classification, including longevity pay pursuant to section 6 80.6 as calculated based upon years of service in a peace 7 officer position, within the state police officers council 8 bargaining unit as of the effective date of the employee’s 9 reassignment. 10 b. The department of public safety shall honor a final 11 offer of employment made by the department of transportation 12 to a person who has not accepted the offer by July 1, 2023, 13 if the employment offer is to fill a position that will be 14 transitioned to the department of public safety under this 15 Act. Such persons shall be assigned to the state patrol upon 16 completion of the department of public safety academy training, 17 and are entitled to all rights, privileges, and benefits of 18 similarly reassigned positions and transitioned incumbent peace 19 officer employees from the department of transportation. 20 2. On or before July 1, 2023, the department of 21 transportation shall provide all appropriate documentation 22 and data required for motor carrier safety assistance program 23 activities, including but not limited to those relating to 24 the reimbursement of expenses, for reporting purposes to the 25 department of public safety, and any other documentation and 26 data required by the department of public safety to comply with 27 federal law or for purposes of the transition provided for in 28 this Act. 29 3. On or before July 1, 2023, the department of 30 transportation shall cooperate with the department of public 31 safety to ensure the department of public safety is aware of 32 the rules the department of transportation adopted relating 33 to administering and enforcing commercial motor vehicle 34 violations. The department of public safety shall inform the 35 -11- SF 513.1024 (1) 90 th/ns 11/ 12
administrative code editor of the applicable rules that need 1 to be transferred. Any such rule adopted by the department of 2 transportation shall continue in full force and effect until 3 the rule is transferred to the department of public safety. 4 Sec. 27. REPORT TO GENERAL ASSEMBLY. The department 5 of public safety, in consultation with the department of 6 transportation, shall submit a report to the general assembly 7 on or before December 1, 2023, regarding the transfer of 8 peace officers from the department of transportation to the 9 department of public safety in accordance with this Act. 10 The report shall include but is not limited to the actual 11 expenditures already made and the anticipated remaining 12 expenditures to be made by both departments to complete the 13 transition, the moneys transferred from the department of 14 transportation’s asset forfeiture fund to the department of 15 public safety’s asset forfeiture fund, the moneys transferred 16 from the Iowa public employees’ retirement system to the 17 Iowa department of public safety peace officers’ retirement, 18 accident, and disability system, and any equipment costs 19 incurred by either department prior to the reporting date. 20 Sec. 28. EFFECTIVE DATE. The following, being deemed of 21 immediate importance, take effect upon enactment: 22 1. The section of this Act repealing 2017 Iowa Acts, chapter 23 149, section 4. 24 2. The section of this Act setting forth transition 25 provisions. > 26 ______________________________ MIKE KLIMESH -12- SF 513.1024 (1) 90 th/ns 12/ 12