House Study Bill 547 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act concerning the employment of motor vehicle enforcement 1 officers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5313DP (4) 85 ec/nh
S.F. _____ H.F. _____ Section 1. Section 8A.412, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 25. Peace officers employed by the 3 department of transportation pursuant to section 321.477. The 4 director of the department of transportation shall adopt rules 5 not inconsistent with the objectives of this subchapter for the 6 persons described in this subsection. 7 Sec. 2. Section 10A.601, subsections 1 and 7, Code 2014, are 8 amended to read as follows: 9 1. A full-time employment appeal board is created within 10 the department of inspections and appeals to hear and decide 11 contested cases under section 321.477, chapter 8A, subchapter 12 IV , and chapters 80 , 88 , 91C , 96 , and 97B . 13 7. An application for rehearing before the appeal board 14 shall be filed pursuant to section 17A.16 , unless otherwise 15 provided in section 321.477, chapter 8A, subchapter IV , or 16 chapter 80 , 88 , 91C , 96 , or 97B . A petition for judicial review 17 of a decision of the appeal board shall be filed pursuant to 18 section 17A.19 . The appeal board may be represented in any 19 such judicial review by an attorney who is a regular salaried 20 employee of the appeal board or who has been designated 21 by the appeal board for that purpose, or at the appeal 22 board’s request, by the attorney general. Notwithstanding 23 the petitioner’s residency requirement in section 17A.19, 24 subsection 2 , a petition for judicial review may be filed in 25 the district court of the county in which the petitioner was 26 last employed or resides, provided that if the petitioner 27 does not reside in this state, the action shall be brought in 28 the district court of Polk county, Iowa, and any other party 29 to the proceeding before the appeal board shall be named in 30 the petition. Notwithstanding the thirty-day requirement in 31 section 17A.19, subsection 6 , the appeal board shall, within 32 sixty days after filing of the petition for judicial review or 33 within a longer period of time allowed by the court, transmit 34 to the reviewing court the original or a certified copy of 35 -1- LSB 5313DP (4) 85 ec/nh 1/ 4
S.F. _____ H.F. _____ the entire records of a contested case. The appeal board may 1 also certify to the court, questions of law involved in any 2 decision by the appeal board. Petitions for judicial review 3 and the questions so certified shall be given precedence over 4 all other civil cases except cases arising under the workers’ 5 compensation law of this state. No bond shall be required for 6 entering an appeal from any final order, judgment, or decree of 7 the district court to the supreme court. 8 Sec. 3. Section 321.477, Code 2014, is amended to read as 9 follows: 10 321.477 Employees as peace officers —— maximum age terms of 11 employment —— discipline . 12 1. The department may designate by resolution certain of 13 its employees upon each of whom there is hereby conferred the 14 authority of a peace officer to control and direct traffic and 15 weigh vehicles, and to make arrests for violations of the motor 16 vehicle laws relating to the operating authority, registration, 17 size, weight, and load of motor vehicles and trailers and 18 registration of a motor carrier’s interstate transportation 19 service with the department. 20 2. An applicant to be a peace officer in the department 21 pursuant to this section shall not be appointed as a peace 22 officer until the applicant has passed a satisfactory physical 23 and mental examination. In addition, the applicant must be 24 a citizen of the United States and be not less than eighteen 25 years of age. The mental examination shall be conducted 26 under the direction or supervision of the director and may 27 be oral or written or both. An applicant shall take an oath 28 on becoming a peace officer of the department, to uphold the 29 laws and Constitution of the United States and Constitution 30 of the State of Iowa. During the period of six months after 31 appointment, a peace officer of the department is subject 32 to dismissal at the will of the director. After the six 33 months’ service, a peace officer of the department who was 34 appointed after having passed the examinations is not subject 35 -2- LSB 5313DP (4) 85 ec/nh 2/ 4
S.F. _____ H.F. _____ to dismissal, suspension, disciplinary demotion, or other 1 disciplinary action resulting in the loss of pay unless charges 2 have been filed with the department of inspections and appeals 3 and a hearing held by the employment appeal board created by 4 section 10A.601, if requested by the peace officer, at which 5 the peace officer has an opportunity to present a defense 6 to the charges. The decision of the appeal board is final, 7 subject to the right of judicial review in accordance with the 8 terms of the Iowa administrative procedure Act, chapter 17A. 9 However, the procedures as to dismissal, suspension, demotion, 10 or other discipline do not apply to a peace officer who is 11 covered by a collective bargaining agreement which provides 12 otherwise, and do not apply to the demotion of an office or 13 bureau head to the rank which the office or bureau head held at 14 the time of appointment as office or bureau head, if any. An 15 office or bureau head who is demoted has the right to return 16 to the rank which the office or bureau head held at the time 17 of appointment as office or bureau head, if any. All rules, 18 except employment provisions negotiated pursuant to chapter 20, 19 regarding the enlistment, appointment, and employment affecting 20 peace officers of the department shall be established by the 21 director in consultation with the director of the department of 22 administrative services, subject to approval by the governor. 23 3. The maximum age for a person employed as a peace officer 24 pursuant to this section is sixty-five years of age. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill concerns motor vehicle enforcement officers 29 employed by and designated as peace officers by the department 30 of transportation. 31 Code section 8A.412, concerning the applicability of 32 the merit system to state employees, is amended to exclude 33 from the merit system motor vehicle enforcement officers 34 employed by and designated as peace officers by the department 35 -3- LSB 5313DP (4) 85 ec/nh 3/ 4
S.F. _____ H.F. _____ of transportation. The bill requires the director of the 1 department of transportation to adopt rules not inconsistent 2 with the objectives of the merit system for these employees. 3 Code section 10A.601, concerning the employment appeal 4 board, is amended to specifically provide that the board 5 will hear contested case appeals concerning motor vehicle 6 enforcement officers. 7 Code section 321.477, which authorizes the department 8 to designate motor vehicle enforcement officers as peace 9 officers, is amended. The bill provides for the examination 10 of applicants to be motor vehicle enforcement officers, a 11 probation period for new officers, and requirements relative 12 to the discipline and dismissal of motor vehicle enforcement 13 officers. The provisions are similar to those applicable to 14 department of public safety officers and described in Code 15 section 80.15. 16 -4- LSB 5313DP (4) 85 ec/nh 4/ 4