80DEPARTMENT OF PUBLIC SAFETY80.1Department created.There is hereby created a department of the state government which shall be known and designated as the department of public safety, which shall consist of a commissioner of public safety and of such officers and employees as may be required. [C39, §1225.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.1]2023 Acts, ch 19, §2064, 207380.1ADefinitions.As used in this chapter, unless the context otherwise requires:1“Commissioner” means the commissioner of public safety.2“Controlled substance” means the same as defined in section 124.101.3“Counterfeit substance” means the same as defined in section 124.101.4“Department” means the department of public safety.5“Peace officer” means a peace officer of the department as defined in section 97A.1.2005 Acts, ch 35, §180.2Commissioner appointment.The chief executive officer of the department of public safety is the commissioner of public safety. The governor shall appoint, subject to confirmation by the senate, a commissioner of public safety, who shall be a person of high moral character, of good standing in the community in which the commissioner lives, of recognized executive and administrative capacity, and who shall not be selected on the basis of political affiliation. The commissioner of public safety shall devote full time to the duties of this office; the commissioner shall not engage in any other trade, business, or profession, nor engage in any partisan or political activity. The commissioner shall serve at the pleasure of the governor.[C39, §1225.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.2]88 Acts, ch 1278, §222023 Acts, ch 19, §2797, 280280.3Vacancy.A commissioner of public safety appointed when the general assembly is not in session shall serve at the pleasure of the governor, but the term shall expire thirty days after the general assembly next convenes in regular session, unless during such thirty days the commissioner be approved by two-thirds of the members of the senate.[C39, §1225.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.3]80.4General allocation of duties.1In general, the allocation of duties of the department shall be as follows:aCommissioner’s office.bDivision of administrative services.cDivision of criminal investigation.dDivision of state patrol.eDivision of state fire marshal.fDivision of narcotics enforcement.gOffice of drug control policy.2The commissioner may appoint a chief, director, a first and second assistant to the director, and all other supervisory officers in each division. All appointments and promotions shall be made on the basis of seniority and a merit examination.3The allocation of duties described in this section shall not be interpreted to prevent flexibility in interdepartmental operations or to forbid other divisional allocations of duties in the discretion of the commissioner.[SS15, §147; C24, 27, 31, 35, 39, §273(4), 1225.21; C46, 50, 54, 58, 62, 66, 71, §18.2(4), 80.17; C73, §19B.12(2), 80.17; C75, §18.12(2), 80.17; C77, 79, 81, §80.17]98 Acts, ch 1074, §8; 2000 Acts, ch 1154, §9; 2003 Acts, ch 108, §24; 2005 Acts, ch 35, §122019 Acts, ch 24, §104C2020, §80.42021 Acts, ch 80, §28; 2023 Acts, ch 19, §218780.5Duties of department — state patrol established — duties and powers of state patrol.1It shall be the duty of the department to prevent crime, to detect and apprehend criminals, and to enforce such other laws as are specified.2The 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.3The department shall be primarily responsible for the enforcement of all laws and rules relating to any controlled substance or counterfeit substance, except for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, physicians, hospitals, and health care facilities as defined in section 135C.1, as well as in the possession of any and all other individuals or institutions authorized to have possession of any controlled substances.4The department shall collect and classify, and keep at all times available, complete information useful for the detection of crime, and the identification and apprehension of criminals. Such information shall be available for all peace officers within the state, under such regulations as the commissioner may prescribe.5The department shall operate such radio broadcasting stations as may be necessary in order to disseminate information which will make possible the speedy apprehension of lawbreakers, as well as such other information as may be necessary in connection with the duties of the department.6The department shall provide protection and security for persons and property on the grounds of the state capitol complex.7aThe department shall assist persons who are responsible for the care of private and public land in identifying growing marijuana plants when the plants are reported to the department. The department shall also provide education to the persons regarding methods of eradicating the plants. bNotwithstanding paragraph “a”, the department is not required to provide such assistance if the marijuana plants are hemp produced in accordance with the provisions of chapter 204.cThe department shall adopt rules necessary to carry out this subsection.8The department shall receive and review the budget submitted by the state fire marshal and the state fire service and emergency response council. The department shall develop training standards, provide training to fire fighters around the state, and address other issues related to fire service and emergency response as requested by the state fire service and emergency response council.9The department shall administer section 100B.31 relating to volunteer emergency services provider death benefits.10The 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.11The 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 patrol.12The department shall receive and review the budget submitted by the drug policy director and assist the drug policy director in directing the office of drug control policy pursuant to section 80E.1.[C73, §120; C97, §147, 148; SS15, §65-b, 147; C24, §273, 13410; C27, 31, §273, 5017-a1, 13410; C35, §273, 5018-g6, 13410; C39, §273, 1225.13; C46, 50, 54, 58, 62, 66, 71, §18.2(1, 4), 80.9; C73, §19A.3(4), 80.9; C75, §18.3(4), 80.9; C77, 79, 81, §80.9]90 Acts, ch 1179, §1; 91 Acts, ch 34, §1; 92 Acts, ch 1238, §18; 94 Acts, ch 1154, §1; 95 Acts, ch 191, §2; 98 Acts, ch 1074, §6; 99 Acts, ch 181, §1; 2000 Acts, ch 1117, §4, 5; 2000 Acts, ch 1232, §96; 2005 Acts, ch 35, §4 – 8, 31; 2007 Acts, ch 38, §1 – 3; 2008 Acts, ch 1031, §87; 2019 Acts, ch 24, §104C2020, §80.52019 Acts, ch 130, §21, 33; 2021 Acts, ch 80, §29; 2023 Acts, ch 19, §2188; 2023 Acts, ch 85, §1, 280.6Employees and peace officers — salaries and compensation.1The commissioner shall employ personnel as may be required to properly discharge the duties of the department.2The commissioner may delegate to the peace officers of the department such additional duties in the enforcement of this chapter as the commissioner may deem proper and incidental to the duties now imposed upon them by law.3aThe salaries of peace officers and employees of the department and the expenses of the department shall be provided for by a legislative appropriation. The compensation of peace officers of the department shall be fixed according to grades as to rank and length of service by the commissioner with the approval of the department of administrative services, unless covered by a collective bargaining agreement that provides otherwise.bThe peace officers shall be paid additional compensation in accordance with the following formula:1When peace officers have served for a period of five years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described five-year period;2When peace officers have served for a period of ten years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described ten-year period, such sums being in addition to the increase provided herein to be paid after five years of service;3When peace officers have served for a period of fifteen years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described fifteen-year period, such sums being in addition to the increases previously provided for herein;4When peace officers have served for a period of twenty years, their compensation then being paid shall be increased by the sum of twenty-five dollars per month beginning with the month succeeding the foregoing described twenty-year period, such sums being in addition to the increases previously provided for herein.cWhile on active duty, each peace officer shall also receive a flat daily sum as fixed by the commissioner for meals unless the amount of the flat daily sum is covered by a collective bargaining agreement that provides otherwise.dA collective bargaining agreement entered into between the state and a state employee organization under chapter 20 made final after July 1, 1977, shall not include any pay adjustment to longevity pay authorized under this section.ePeace officers of the department excluded from the provisions of chapter 20 who are injured in the line of duty shall receive paid time off in the same manner as provided to peace officers of the department covered by a collective bargaining agreement entered into between the state and the employee organization representing such covered peace officers under chapter 20.4Should a peace officer become incapacitated for duty as a natural and proximate result of an injury, disease, or exposure incurred or aggravated while in the actual performance of duty at some definite time or place, the peace officer shall, upon being found to be temporarily incapacitated following an examination by a workers’ compensation physician or other approved physician be entitled to receive the peace officer’s fixed pay and allowances, without using the peace officer’s sick leave, until reexamined by a workers’ compensation physician or other approved physician or examined by the medical board provided for in section 97A.5, and found to be fully recovered or permanently disabled. In addition, a peace officer found to be temporarily incapacitated under this subsection shall be credited with any sick leave used prior to the determination that the peace officer was temporarily incapacitated under this subsection for the period of time sick leave was used. For purposes of this subsection, “disease” shall mean as described in section 97A.6, subsection 5.[C27, 31, §5017-a1; C35, §5018-g9; C39, §1225.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.8]98 Acts, ch 1074, §5; 2001 Acts, ch 10, §1; 2001 Acts, ch 190, §18; 2005 Acts, ch 35, §3; 2008 Acts, ch 1032, §166; 2010 Acts, ch 1167, §1; 2019 Acts, ch 24, §104C2020, §80.680.6APeace officers health insurance.1aNotwithstanding any provision to the contrary, peace officers employed within the department who are not covered under a collective bargaining agreement but who were at any time eligible to be enrolled in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union and who elect to participate in a group health insurance plan provided by the state, shall only be permitted to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union for peace officers subject to the requirements of this section. In addition, a peace officer who was covered under a collective bargaining agreement and who becomes a manager or supervisor and is no longer covered by the agreement shall not lose group health insurance benefits as provided by the agreement.bNotwithstanding any provision to the contrary, beginning January 1, 2021, a peace officer or surviving spouse who is participating in a group health insurance plan shall have the option, upon retirement or approval for death benefits for an eligible surviving spouse, to participate in the group health insurance plan that is negotiated under chapter 20 between the state and the state police officers council labor union pursuant to section 509A.13 subject to the requirements of this section.2The department shall be authorized to retain any savings to the department for peace officers participating in the group health insurance plan pursuant to subsection 1 from moneys appropriated to the department.2021 Acts, ch 183, §22, 25, 26; 2022 Acts, ch 1021, §2580.7Railway special agents.Transferred to §80.25; 2019 Acts, ch 24, §104.80.8Employees and peace officers — salaries and compensation.Transferred to §80.6; 2019 Acts, ch 24, §104.80.9Duties of department — duties and powers of peace officers — state patrol.Transferred to §80.5; 2019 Acts, ch 24, §104.80.9AAuthority and duties of peace officers of the department.1A peace officer of the department when authorized by the commissioner shall have and exercise all the powers of any other peace officer of the state.2When a peace officer of the department is acting in cooperation with any other local peace officer, or county attorney in general criminal investigation work, or when acting on a special assignment by the commissioner, the jurisdiction of the peace officer is statewide.3A peace officer may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to the peace officer’s duties as provided by law.4An authorized peace officer of the department designated to conduct examinations, investigations, or inspections and enforce the laws relating to controlled or counterfeit substances shall have all the authority of other peace officers and may arrest a person without warrant for offenses under this chapter committed in the peace officer’s presence or, in the case of a felony, if the peace officer has probable cause to believe that the person arrested has committed or is committing such offense. A peace officer of the department shall have the same authority as other peace officers to seize controlled or counterfeit substances or articles used in the manufacture or sale of controlled or counterfeit substances which they have reasonable grounds to believe are in violation of law. Such controlled or counterfeit substances or articles shall be subject to forfeiture.5In more particular, the duties of a peace officer shall be as follows:aTo enforce all state laws.bTo enforce all laws 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; to see that proper safety rules are observed; and to give first aid to the injured.cTo investigate all fires; to apprehend persons suspected of arson; to enforce all safety measures in connection with the prevention of fires; and to disseminate fire-prevention education.6A peace officer of the department shall not exercise the general powers of a peace officer within the limits of any city, except as follows:aWhen so ordered by the direction of the governor.bWhen request is made by the mayor of any city, with the approval of the commissioner.cWhen request is made by the sheriff or county attorney of any county with the approval of the commissioner.dWhile in the pursuit of law violators or in investigating law violations.eWhile making any inspection provided by this chapter, or any additional inspection ordered by the commissioner.fWhen engaged in the investigating and enforcing of fire and arson laws.gWhen engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs.hWhen engaged in the investigation of crimes and the enforcement of laws relating to cyber-crime.7The limitations specified in subsection 6 shall in no way be construed as a limitation on the power of peace officers when a public offense is being committed in their presence.8aA peace officer of the department, when authorized by the commissioner, may act in concert with, under the direction of, or otherwise serve as a state actor for an officer or agent of the federal government.bIf serving as a state actor for an officer or agent of the federal government as provided in paragraph “a”, the peace officer shall be considered acting within the scope of the employee’s office or employment as defined in section 669.2, subsection 1.2008 Acts, ch 1031, §88; 2009 Acts, ch 88, §15; 2021 Acts, ch 80, §30; 2021 Acts, ch 166, §2980.9BHuman immunodeficiency virus-related information.1The provisions of chapter 141A do not apply to the entry of human immunodeficiency virus-related information by criminal or juvenile justice agencies, as defined in section 692.1, into the Iowa criminal justice information system or the national crime information center system.2The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to criminal or juvenile justice agencies.3The provisions of chapter 141A also do not apply to the transmission of the same information from either or both information systems to employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the jurisdiction of the department of health and human services, and employees of city and county jails, if those employees have direct physical supervision over inmates of those facilities or institutions.4Human immunodeficiency virus-related information shall not be transmitted over the police radio broadcasting system under chapter 693 or any other radio-based communications system.5An employee of an agency receiving human immunodeficiency virus-related information under this section who communicates the information to another employee who does not have direct physical supervision over inmates, other than to a supervisor of an employee who has direct physical supervision over inmates for the purpose of conveying the information to such an employee, or who communicates the information to any person not employed by the agency or uses the information outside the agency is guilty of a class “D” felony.6The commissioner shall adopt rules regarding the transmission of human immunodeficiency virus-related information including provisions for maintaining confidentiality of the information. The rules shall include a requirement that persons receiving information from the Iowa criminal justice information system or the national crime information center system receive training regarding confidentiality standards applicable to the information received from the system.7The commissioner shall develop and establish, in cooperation with the department of corrections and the department of health and human services, training programs and program criteria for persons receiving human immunodeficiency virus-related information through the Iowa criminal justice information system or the national crime information center system.2008 Acts, ch 1031, §89; 2023 Acts, ch 19, §4280.10Peace officers short course.Repealed by 2005 Acts, ch 35, §32. 80.11Course of instruction.The course of instruction for peace officers of the department shall, at a minimum, be equal to the course of instruction required by the Iowa law enforcement academy pursuant to chapter 80B.[C39, §1225.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.11]2005 Acts, ch 35, §980.12Attendance at short course.Repealed by 2005 Acts, ch 35, §32. 80.13Training schools.The commissioner may hold a training school for peace officer candidates or for peace officers of the department, and may send to recognized training schools peace officers of the department as the commissioner may deem advisable. The candidate shall pay one-third of the costs of such school of training, and the remaining costs shall be paid by the department. The department may pay for all or a portion of the candidate’s share of the costs.[C27, 31, §5017-a1; C35, §5018-g10; C39, §1225.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.13]2005 Acts, ch 35, §10; 2010 Acts, ch 1031, §41680.14Diplomas.To each person satisfactorily completing the course of study prescribed, an appropriate certificate or diploma shall be issued.[C39, §1225.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.14]80.15Examination oath probation discipline dismissal.1An applicant to be a peace officer in the department shall not be appointed as a peace officer until the applicant has passed a satisfactory physical and mental examination. In addition, the applicant must be a citizen of the United States and be not less than twenty-two years of age. However, an applicant applying for assignment to provide protection and security for persons and property on the grounds of the state capitol complex or a peace officer candidate shall not be less than eighteen years of age. The mental examination shall be conducted under the direction or supervision of the commissioner and may be oral or written or both. An applicant shall take an oath on becoming a peace officer of the department, to uphold the laws and Constitution of the United States and Constitution of the State of Iowa.2During the period of twelve months after appointment, a peace officer of the department is subject to dismissal at the will of the commissioner. After the twelve months’ service, a peace officer of the department, who was appointed after having passed the examinations, is not subject to dismissal, suspension, disciplinary demotion, or other disciplinary action resulting in the loss of pay unless charges have been filed with the department of inspections, appeals, and licensing and a hearing held by the employment appeal board created by section 10A.601, if requested by the peace officer, at which the peace officer has an opportunity to present a defense to the charges. The decision of the appeal board is final, subject to the right of judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. However, these procedures as to dismissal, suspension, demotion, or other discipline do not apply to a peace officer who is covered by a collective bargaining agreement which provides otherwise, and do not apply to the demotion of a division head to the rank which the division head held at the time of appointment as division head, if any. A division head who is demoted has the right to return to the rank which the division head held at the time of appointment as division head, if any.3All rules, except employment provisions negotiated pursuant to chapter 20, regarding the enlistment, appointment, and employment affecting the personnel of the department shall be established by the commissioner in consultation with the director of the department of administrative services, subject to approval by the governor.[C27, 31, §5017-a1; C35, §5018-g3, -g5; C39, §1225.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.15]86 Acts, ch 1245, §241; 88 Acts, ch 1235, §2; 98 Acts, ch 1074, §7; 2003 Acts, ch 44, §114; 2003 Acts, ch 145, §286; 2005 Acts, ch 35, §11; 2020 Acts, ch 1062, §20; 2023 Acts, ch 19, §173880.16Impersonating peace officer or employee — uniform.Any person who impersonates a peace officer or employee of the department, or wears a uniform likely to be confused with the official uniform of any such officer or employee, with intent to deceive anyone, shall be guilty of a simple misdemeanor.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.6]98 Acts, ch 1074, §4; 2005 Acts, ch 35, §2; 2019 Acts, ch 24, §104C2020, §80.1680.17General allocation of duties.Transferred to §80.4; 2019 Acts, ch 24, §104.80.18Expenses and supplies reimbursement.1The commissioner shall provide peace officers of the department when on duty, with suitable uniforms, subsistence, arms, equipment, quarters, and other necessary supplies, and also the expense and means of travel and boarding, according to rules adopted by the commissioner, and as may be provided by appropriation.2The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department’s peace officers or employees damaged or destroyed during a peace officer’s or employee’s course of employment. However, the reimbursement shall not exceed the greater of one hundred fifty dollars or the amount agreed to under the collective bargaining agreement for each item. The department shall adopt rules in accordance with chapter 17A to administer this subsection.[SS15, §65-c; C24, §13408; C27, 31, §5017-a1, 13408; C35, §5018-g7, 13408; C39, §1225.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.18]89 Acts, ch 317, §23; 2005 Acts, ch 35, §13; 2018 Acts, ch 1041, §2180.19Public safety education.1The commissioner may cooperate with any recognized agency in the education of the public in highway safety.2Any recognized agency receiving appropriations of state money for public safety shall annually file with the auditor of state an itemized statement of all its receipts and expenditures.[C39, §1225.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.19]2005 Acts, ch 35, §1480.20Divisional headquarters.The commissioner may, subject to the approval of the governor, establish divisional headquarters at various places in the state. Supervisory officers may be at all times on duty in each district headquarters.[C39, §1225.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.20]2005 Acts, ch 35, §1580.21Fees and rewards.No fees or rewards shall be retained personally by members of the department in addition to their salaries, and any such fees or rewards earned by any members of said department shall be credited to the fund as herein provided to pay the expenses of this department. All salaries herein provided for and all expenses incurred under the provisions of this chapter shall be allowed and audited in the same manner as in other state offices, and shall be payable out of moneys hereafter appropriated.[C27, 31, §5017-a1; C35, §5018-g11; C39, §1225.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.21]80.22Prohibition on other departments.All other departments and bureaus of the state are hereby prohibited from employing special peace officers or conferring upon regular employees any police powers to enforce provisions of the statutes which are specifically reserved by 1939 Iowa Acts, ch. 120, to the department of public safety. But the commissioner of public safety shall, upon the requisition of the attorney general, from time to time assign for service in the department of justice such of its officers, not to exceed six in number, as may be requisitioned by the attorney general for special service in the department of justice, and when so assigned such officers shall be under the exclusive direction and control of the attorney general.[C24, 27, 31, 35, §1340.7; C39, §1225.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.22]2003 Acts, ch 44, §29; 2006 Acts, ch 1010, §4380.23Special state agents — meaning.If the term “special state agents” is used in the Code in connection with law enforcement, the term shall be construed to mean a peace officer of the department.[C39, §1225.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.23]2005 Acts, ch 35, §1680.24Industrial disputes.A peace officer of the department shall not be used or called upon for service within any municipality involving an industrial dispute unless a threat of imminent violence exists, and then only either by order of the governor or on the request of the chief executive officer of the municipality or the sheriff of the county where the threat of imminent violence exists if such request is approved by the governor.[C39, §1225.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.24]2005 Acts, ch 35, §17; 2006 Acts, ch 1034, §1, 380.25Railway special agents.The commissioner of public safety may appoint as special agent any person who is regularly employed by a common carrier by rail to protect the property of said common carrier, its patrons, and employees. Such special agents shall not receive any compensation from the state.[C39, §1225.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.7]2019 Acts, ch 24, §104C2020, §80.2580.25AGaming operations investigation and enforcement.The commissioner of public safety shall direct the chief of the division of criminal investigation to establish a subdivision to be the primary criminal investigative and enforcement agency for the purpose of enforcement of chapters 99D, 99E, and 99F. The commissioner of public safety shall appoint or assign other agents to the division as necessary to enforce chapters 99D, 99E, and 99F. All enforcement officers, assistants, and agents of the division are subject to section 80.15 except clerical workers.83 Acts, ch 187, §30; 89 Acts, ch 67, §19; 2005 Acts, ch 35, §31; 2019 Acts, ch 132, §24, 45, 4680.26Designation by department of administrative services.Notwithstanding the use of the designations “enforcement officer”, “officer”, “gaming enforcement officer”, and “special agent” in this chapter and chapters 97A, 97B, 99D, and 99F, nothing shall prohibit the department of administrative services from officially designating gaming enforcement officers or special agents by another class title for purposes of identifying job classifications. Any official class title designation made by the department of administrative services shall not create or establish any new employee rights with respect to promotional opportunities, compensation, or benefits, or establish any connection that does not exist as of July 1, 2010, between the designation of gaming enforcement officer and any existing job classifications, including special agents, as a result of a change in designation.2010 Acts, ch 1039, §180.27Drug law enforcement by department.Repealed by 2005 Acts, ch 35, §32.See §80.5. 80.28Statewide interoperable communications system board — established — members.1A statewide interoperable communications system board is established, under the joint purview of the department and the state department of transportation. The board shall develop, implement, and oversee policy, operations, and fiscal components of communications interoperability efforts at the state and local level, and coordinate with similar efforts at the federal level, with the ultimate objective of developing and overseeing the operation of a statewide integrated public safety communications interoperability system. For the purposes of this section and section 80.29, “interoperability” means the ability of public safety and public services personnel to communicate and to share data on an immediate basis, on demand, when needed, and when authorized.2The board shall consist of the following members, selected by the governor after considering recommendations from professional or volunteer organizations:aOne member who is a representative from a municipal police department.bOne member who is a representative of a sheriff’s office.cOne member who is a representative from a fire department. dOne member who is a law communication center manager employed by a state or local government agency.eOne member representing local emergency management coordinators.fOne member representing emergency medical service providers.gOne at-large member.3In addition to the members listed in subsection 2, the board membership shall include four members of the general assembly with one member designated by each of the following:the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives. A legislative member serves for a term as provided in section 4A.13 in an ex officio, nonvoting capacity and is eligible for per diem and expenses as provided in section 2.10.4The voting members of the board shall be appointed in compliance with section 4A.12. Members shall elect a chairperson and vice chairperson from the board membership, who shall serve two-year terms. The members appointed by the governor shall be appointed to three-year staggered terms and the terms shall commence and end as provided by section 69.19. If a vacancy occurs among the voting members, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment to serve the unexpired term. The voting members of the board are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties from funds appropriated to the department of public safety and the state department of transportation for that purpose. The departments shall enter into an agreement to provide administrative assistance and support to the board.2007 Acts, ch 90, §1; 2009 Acts, ch 14, §1 – 4; 2009 Acts, ch 165, §1, 4; 2013 Acts, ch 29, §41; 2015 Acts, ch 120, §38; 2023 Acts, ch 19, §43; 2024 Acts, ch 1004, §13; 2024 Acts, ch 1170, §180; 2024 Acts, ch 1185, §11780.29Board duties.The statewide interoperable communications system board established in section 80.28 shall:1Implement and maintain organizational and operational elements of the board, including staffing and program activity.2Review and monitor communications interoperability performance and service levels on behalf of agencies.3Establish, monitor, and maintain appropriate policies and protocols to ensure that interoperable communications systems function properly.4Allocate and oversee state appropriations or other funding received for interoperable communications.5Identify sources for ongoing, sustainable, longer-term funding for communications interoperability projects, including available and future assets that will leverage resources and provide incentives for communications interoperability participation, and develop and obtain adequate funding in accordance with a communications interoperability sustainability plan.6Develop and evaluate potential legislative solutions to address the funding and resource challenges of implementing statewide communications interoperability initiatives.7Develop a statewide integrated public safety communications interoperability system that allows for shared communications systems and costs, takes into account infrastructure needs and requirements, improves reliability, and addresses liability concerns of the shared network.8Investigate data and video interoperability systems.9Expand, maintain, and fund consistent, periodic training programs for current communications systems and for the statewide integrated public safety communications interoperability system as it is implemented.10Expand, maintain, and fund stakeholder education, public education, and public official education programs to demonstrate the value of short-term communications interoperability solutions, and to emphasize the importance of developing and funding long-term solutions, including implementation of the statewide integrated public safety communications interoperability system.11Identify, promote, and provide incentives for appropriate collaborations and partnerships among government entities, agencies, businesses, organizations, and associations, both public and private, relating to communications interoperability.12Provide incentives to support maintenance and expansion of regional efforts to promote implementation of the statewide integrated public safety communications interoperability system.13In performing its duties, consult with representatives of private businesses, organizations, and associations on technical matters relating to data, video, and communications interoperability; technological developments in private industry; and potential collaboration and partnership opportunities.14Submit a report by January 1, annually, to the members of the general assembly regarding communications interoperability efforts, activities, and effectiveness at the local and regional level, and shall include a status report regarding the development of a statewide integrated public safety communications interoperability system, and funding requirements relating thereto.2007 Acts, ch 90, §280.30Individual qualifications.Repealed by 2005 Acts, ch 35, §32. 80.31Reserved.80.32Reserved.80.33Access to drug records by peace officers.A person required by law to keep records, and a carrier maintaining records with respect to any shipment containing any controlled or counterfeit substances shall, upon request of an authorized peace officer of the department designated by the commissioner, permit such peace officer at reasonable times to have access to and copy such records. For the purpose of examining and verifying such records, an authorized peace officer of the department designated by the commissioner, may enter at reasonable times any place or vehicle in which any controlled or counterfeit substance is held, manufactured, dispensed, compounded, processed, sold, delivered, or otherwise disposed of and inspect such place or vehicle and the contents of such place or vehicle. For the purpose of enforcing laws relating to controlled or counterfeit substances, and upon good cause shown, a peace officer of the department shall be allowed to inspect audits and records in the possession of the board of pharmacy.[C71, 73, 75, 77, 79, 81, §80.33]2005 Acts, ch 35, §18; 2006 Acts, ch 1010, §44; 2007 Acts, ch 10, §780.34Peace officer — authority.Repealed by 2008 Acts, ch 1031, §94.See §80.9A. 80.35Transition.Repealed by 2005 Acts, ch 35, §32. 80.36Maximum age.A person shall not be employed as a peace officer in the department after attaining sixty-five years of age.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §97A.6(1, b); C81, §80.36]92 Acts, ch 1232, §503; 98 Acts, ch 1183, §107; 2002 Acts, ch 1135, §1; 2005 Acts, ch 35, §2080.37Reimbursement of defense costs.Repealed by 2016 Acts, ch 1049, §2; ; 2016 Acts, ch 1138, §29. See §80F.2.80.38Reserved.80.39Disposition of personal property.1Personal property, except for motor vehicles subject to sale pursuant to section 321.89, and seizable property subject to disposition pursuant to chapter 809 or 809A, which personal property is found or seized by, turned in to, or otherwise lawfully comes into the possession of the department or a local law enforcement agency and which the department or agency does not own, shall be disposed of pursuant to this section. If by examining the property the owner or lawful custodian of the property is known or can be readily ascertained, the department or agency shall notify the owner or custodian by certified mail directed to the owner’s or custodian’s last known address, as to the location of the property. If the identity or address of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property was found is sufficient notice. A published notice may contain multiple items.2The department or agency may return the property to a person if that person or the person’s representative does all of the following:aAppears at the location where the property is located.bProvides proper identification.cDemonstrates ownership or lawful possession of the property to the satisfaction of the department or agency.3After ninety days following the mailing or publication of the notice required by this section, or if the owner or lawful custodian of the property is unknown or cannot be readily determined, or the department or agency has not turned the property over to the owner, the lawful custodian, or the owner’s or custodian’s representative, the department or agency may dispose of the property in any lawful way, including but not limited to the following:aSelling the property at public auction with the proceeds, less department or agency expenses, going to the general fund of the state if sold by the department, the rural services fund if sold by a county agency, and the general fund of a city if sold by a city agency; however, the department or agency shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction.bRetaining the property for the department’s or agency’s own use.cGiving the property to another agency of government.dGiving the property to an appropriate charitable organization.eDestroying the property.4Except when a person appears in person or through a representative within the time periods set by this section, and satisfies the department or agency that the person is the owner or lawful custodian of the property, disposition of the property shall be at the discretion of the department or agency. The department or agency shall maintain the receipt and disposition records for all property processed under this section. Good faith compliance with this section is a defense to any claim or action at law or in equity regarding the disposition of the property.84 Acts, ch 1154, §1; 85 Acts, ch 201, §1; 86 Acts, ch 1140, §1; 86 Acts, ch 1237, §4; 96 Acts, ch 1133, §39; 2000 Acts, ch 1203, §1; 2005 Acts, ch 35, §2180.40Bureau of cyber-crime.1The bureau of cyber-crime is established within the division of criminal investigation of the department. The purpose of the bureau is to investigate crimes with a nexus to the internet or computer technology including but not limited to crimes involving child exploitation and cyber intrusion.2The bureau of cyber-crime shall have the authority to conduct investigations and perform forensic analyses of criminal cases involving computer technology and to provide assistance to governmental agencies involved in the investigation of cyber-crime.2021 Acts, ch 166, §3080.41Highway safety patrol fund — future repeal.Repealed by 99 Acts, ch 202, §27. 80.42Sick leave benefits fund.1A sick leave benefits fund is established in the office of the treasurer of state under the control of the department of public safety. The moneys annually credited to the fund are appropriated to the department to pay health and life insurance monthly premium costs for retired departmental employees and beneficiaries who are eligible to receive benefits for accrued sick leave under the collective bargaining agreement with the state police officers council or pursuant to section 70A.23.2Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys credited to the sick leave benefits fund shall be credited to the sick leave benefits fund. Notwithstanding section 8.33, moneys credited to the sick leave benefits fund at the end of a fiscal year shall not revert to any other fund but shall remain in the fund for purposes of the fund.3Notwithstanding section 8.39, if funds are needed to pay monthly premium costs as provided for in subsection 1, sufficient funds may be transferred and credited to the sick leave benefits fund from any moneys appropriated to the department.2001 Acts, ch 186, §1780.43Gaming enforcement revolving fund.1A gaming enforcement revolving fund is created in the state treasury under the control of the department. The fund shall consist of fees collected and deposited into the fund paid by licensees pursuant to section 99D.14, subsection 2, paragraph “b”, fees and costs paid by applicants pursuant to section 99E.4, subsection 4, and fees paid by licensees pursuant to section 99F.10, subsection 4, paragraph “b”. All costs for agents and officers plus any direct support costs for such agents and officers of the division of criminal investigation’s racetrack, excursion boat, gambling structure, and internet fantasy sports contests as defined in section 99E.1 enforcement activities shall be paid from the fund as provided in appropriations made for this purpose by the general assembly.2To meet the department’s cash flow needs, the department may temporarily use funds from the general fund of the state to pay expenses in excess of moneys available in the revolving fund if those additional expenditures are fully reimbursable and the department reimburses the general fund of the state and ensures all moneys are repaid in full by the close of the fiscal year. Because any general fund moneys used shall be fully reimbursed, such temporary use of funds from the general fund of the state shall not constitute an appropriation for purposes of calculating the state general fund expenditure limitation pursuant to section 8.54.3Section 8.33 does not apply to any moneys credited or appropriated to the revolving fund from any other fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.2010 Acts, ch 1190, §23; 2012 Acts, ch 1134, §14, 21; 2019 Acts, ch 132, §25, 45, 4680.44Public safety interoperable and broadband communications fund.1A statewide public safety interoperable and broadband communications fund is established in the office of the treasurer of state under the control of the department of public safety. Any moneys annually appropriated, granted, or credited to the fund, including any federal moneys, are appropriated to the department of public safety for the planning and development of a statewide public safety interoperable and broadband communications system.2Notwithstanding section 12C.7, subsection 2, interest and earnings on moneys deposited in the fund shall be credited to the fund. Notwithstanding section 8.33, moneys remaining in the fund at the end of the fiscal year shall not revert to any other fund but shall remain available to be used for the purposes specified in subsection 1.2013 Acts, ch 139, §37, 3980.45Office to combat human trafficking.1An office to combat human trafficking is established within the department. The purpose of the office is to oversee and coordinate efforts to combat human trafficking in this state.2The commissioner shall appoint a coordinator to staff the office. Additional staff may be hired, subject to the availability of funding.3The office shall do all of the following:aServe as a point of contact for activities to combat human trafficking in this state.bConsult with and work jointly with other governmental agencies and nongovernmental or community organizations that have expertise in the areas of human trafficking prevention, victim protection and assistance, law enforcement, and prosecution for the purpose of combatting human trafficking in this state.cDevelop a strategy to collect and maintain criminal history data on incidents related to human trafficking.dDevelop a strategy for sharing victim and offender data among governmental agencies.eApply for or assist other governmental agencies, as assistance is needed, to apply for grants to support human trafficking enforcement, prosecutions, trainings, and victim services.fResearch and recommend trainings to assist governmental agencies to identify and respond appropriately to human trafficking victims.gTake other steps necessary to advance the purposes of the office.hBy November 1, 2017, and annually thereafter, submit a written report to the general assembly regarding the office’s activities related to combatting human trafficking and occurrences of human trafficking within this state.4For purposes of this section, “human trafficking” means the same as defined in section 710A.1.2016 Acts, ch 1077, §1; 2017 Acts, ch 29, §3080.45AHuman trafficking prevention training lodging providers.1As used in this section, unless the context otherwise requires:a“Commissioner” means the commissioner of public safety or the commissioner’s designee.b“Human trafficking” means the same as defined in section 710A.1.c“Lodging” means the same as defined in section 423A.2.d“Lodging provider” means the same as defined in section 423A.2.e“Lodging provider’s employee” means an individual who is employed by a lodging provider, including an owner, operator, manager, and temporary employee.f“Public employee” means an individual employed by a public employer.g“Public employer” means the same as defined in section 20.3.h“Public funds” means the same as defined in section 12C.1.i“Temporary employee” means an individual who is employed by a temporary employment firm to provide services to a lodging provider to supplement the lodging provider’s workforce during absences, seasonal workloads, temporary skill or labor market shortages, and for special assignments and projects.j“Temporary employment firm” means a person engaged in the business of employing temporary employees.2Human trafficking prevention training.aBeginning January 1, 2022, a lodging provider may voluntarily complete and certify to the commissioner that each of the lodging provider’s employees have completed human trafficking prevention training.bThe human trafficking prevention training may be developed and delivered to lodging providers by the office to combat human trafficking, a governmental agency, or nongovernmental or community organization that has expertise in the area of human trafficking. The human trafficking prevention training must be approved by the commissioner.cA lodging provider shall maintain training records for each of the lodging provider’s employees pursuant to rules adopted by the commissioner.3Human trafficking prevention training content.The human trafficking prevention training shall focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking. The human trafficking prevention training shall include, at a minimum, all of the following:aA general overview of human trafficking.bA general overview of state law on human trafficking.cThe definition of human trafficking and the commercial exploitation of children.dGuidance on the difference between labor trafficking and sex trafficking.eGuidance on how to recognize potential human trafficking victims.fGuidance on how to recognize potential human traffickers.gGuidance on how to identify activities commonly associated with human trafficking.hSafe and effective responses to human trafficking situations, including but not limited to how to report suspected human trafficking to proper law enforcement officials.4Certification by the commissioner.No later than December 31, 2021, the commissioner shall develop and maintain all of the following to certify a lodging provider’s voluntary completion of human trafficking prevention training:aA certification issued by the commissioner that a lodging provider may display, in an area readily visible to the public, in the following areas of all lodging owned, operated, or owned and operated by the lodging provider:1The front entrance of the lodging.2The check-in area of the lodging.3Any internet site advertising or promoting the lodging.bAn internet site, readily accessible to the public, that identifies lodging providers in this state that are certified as having completed human trafficking prevention training. The internet site shall be maintained by the department.5Certification for utilization of public funds.aPrior to expending or committing public funds for a purpose described in paragraph “c”, a public employer or a public employee shall confirm a lodging provider’s current certification status on the internet site maintained by the department pursuant to subsection 4, paragraph “b”.bA certification issued pursuant to subsection 4, paragraph “a” shall be valid for three years from the date the commissioner issues the certification to a lodging provider.cIf a lodging provider is not certified as having completed human trafficking prevention training pursuant to subsection 4, paragraph “a”, a public employer and a public employee shall not use public funds for any of the following purposes:1To procure lodging that is owned, operated, or owned and operated by the lodging provider.2To procure space or services for a conference, meeting, or banquet located at a site where lodging is available that is owned, operated, or owned and operated by the lodging provider.3To host a conference, meeting, or banquet at a site where lodging is available that is owned, operated, or owned and operated by the lodging provider.dThis section applies to all public funds expended for a purpose described in paragraph “c” on or after January 1, 2022.6Immunity.A lodging provider’s employee who acts in good faith shall be immune from civil liability for reporting suspected human trafficking activities to any law enforcement official.7Rules.The commissioner shall adopt rules pursuant to chapter 17A as necessary to implement and administer this chapter.2020 Acts, ch 1112, §1; 2021 Acts, ch 76, §1480.46Public safety support trust fund.1A public safety support trust fund is established in the state treasury under the control of the department. The department may receive and accept donations, grants, loans, and contributions in accordance with section 565.3 from any public or private source for deposit into the trust fund. Moneys credited to the trust fund are appropriated to the department for the purpose of supporting the activities of the department.2Notwithstanding section 8.33, moneys in the trust fund shall not revert. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the trust fund shall be credited to the trust fund.2018 Acts, ch 1168, §1980.47Public safety survivor benefits fund.1A public safety survivor benefits fund is established in the state treasury under the control of the department. The fund shall consist of moneys transferred to the fund pursuant to section 99G.39 and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for the purposes set forth in subsection 2.2aOf the moneys credited to the fund in a fiscal year, the department shall distribute fifty percent in the form of grants to nonprofit organizations that provide resources to assist surviving families of eligible peace officers killed in the line of duty in paying costs associated with accident or health care coverage pursuant to section 509A.13C. In awarding such grants, the department shall give first consideration to concerns of police survivors, inc., and similar nonprofit organizations providing such resources.bOf the moneys credited to the fund in a fiscal year, the department shall distribute fifty percent in the form of grants to nonprofit organizations that provide resources to assist surviving families of eligible fire fighters killed in the line of duty in paying costs associated with accident or health care coverage pursuant to section 509A.13C. In awarding such grants, the department shall give first consideration to Iowa professional fire fighters, inc., and similar nonprofit organizations providing such resources.3Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.2019 Acts, ch 163, §3880.48Public safety equipment fund.1A public safety equipment fund is created in the state treasury under the control of the department. The fund shall consist of moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for the purchase, maintenance, and replacement of equipment used by the department, including any installation and licensing costs. The department is authorized to designate moneys in the fund for the future purchase, maintenance, and replacement of equipment used by the department, including any installation and licensing costs.2Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.3The department shall submit a report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system and to the legislative services agency on or before December 31 of each year which shall contain all of the following:aA list of all expenditures from the fund made in the previous fiscal year.bThe amount of moneys in the fund carried over from the previous fiscal year to the current fiscal year and how the department plans to use those moneys, including any expenditures in the current fiscal year.cThe amount of moneys in the fund the department intends to carry over from the current fiscal year to the next fiscal year and how the department plans to use those moneys.dA list of all the sources of moneys deposited in the fund in the previous fiscal year.2021 Acts, ch 184, §1; 2022 Acts, ch 1146, §22