House File 2416 - Introduced HOUSE FILE 2416 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 639) A BILL FOR An Act relating to the coordination of enforcement activities 1 between the department of transportation and the department 2 of public safety, including provisions relating to 3 department of transportation employees designated as peace 4 officers, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6166HV (2) 87 ns/rh

H.F. 2416 Section 1. Section 321.477, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. The department may designate by resolution certain of its 3 employees upon each of whom there is conferred the authority of 4 a peace officer to enforce all the laws of the state including 5 but not limited to the rules and regulations of the department 6 described in subsection 2 . Employees designated as peace 7 officers pursuant to this section shall have the same powers , 8 duties, privileges, and immunities conferred by law on peace 9 officers for relating to the enforcement of all such laws of 10 this state and the apprehension of violators. 11 Sec. 2. Section 321.477, subsection 2, Code 2018, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 2. Employees designated as peace officers pursuant to 15 this section shall only engage in the following enforcement 16 activities: 17 a. The enforcement of federal motor carrier safety 18 regulations and federal motor carrier hazardous materials 19 regulations as adopted in this chapter and in rules adopted by 20 the department under this chapter. 21 b. The regulation of the operating authority of motor 22 carriers. 23 c. The regulation of the movement, safety, and lawful 24 operation of commercial motor vehicles. 25 d. The regulation of the operating authority of commercial 26 motor vehicle operators and the enforcement of traffic and 27 safety laws on operators of commercial motor vehicles. 28 e. The enforcement and performance of other activities 29 necessary for the motor carrier safety assistance program and 30 the high priority program administered under 49 C.F.R. pt. 350. 31 f. The investigation and enforcement of matters relating to 32 or arising out of responsibilities entrusted to the department. 33 g. The control and direction of traffic. 34 h. The enforcement of motor vehicle laws relating to the 35 -1- LSB 6166HV (2) 87 ns/rh 1/ 4

H.F. 2416 operating authority, registration, size, weight, and load of 1 motor vehicles and trailers. 2 i. The enforcement of laws, the violations of which are 3 defined as serious violations under 761 IAC 615.17(2). 4 j. The enforcement of speed restrictions where a motor 5 vehicle is traveling fifteen miles per hour or more over the 6 legal speed limit. 7 k. The enforcement of rules and regulations of the 8 department. 9 Sec. 3. Section 321.477, subsection 3, unnumbered paragraph 10 1, Code 2018, is amended to read as follows: 11 Employees designated as peace officers pursuant to this 12 section shall not exercise the general powers of a peace 13 officer authorized under subsection 2 within the limits of any 14 city, except as follows: 15 Sec. 4. Section 321.477, subsection 3, paragraphs d and f, 16 Code 2018, are amended to read as follows: 17 d. While in the pursuit of law violators or in investigating 18 law violations , to the extent the pursuit or investigation is 19 authorized under subsection 2 . 20 f. When engaged in the investigation and enforcement of laws 21 relating to narcotic, counterfeit, stimulant, and depressant 22 drugs , to the extent the investigation and enforcement is 23 authorized under subsection 2 . 24 Sec. 5. Section 321.477, Code 2018, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 5A. The department and the department 27 of public safety shall coordinate to provide effective and 28 efficient enforcement of all laws of the state, including any 29 related regulatory actions. This subsection shall not be 30 construed to authorize employees of the department designated 31 as peace officers pursuant to this section to enforce laws of 32 the state not otherwise authorized under subsection 2. 33 Sec. 6. REPEAL. 2017 Iowa Acts, chapter 149, section 4, is 34 repealed. 35 -2- LSB 6166HV (2) 87 ns/rh 2/ 4

H.F. 2416 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 1 importance, takes effect upon enactment. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 In 2017, the general assembly amended Code section 321.477 6 to specify the powers, duties, and limitations of department of 7 transportation (DOT) employees designated as peace officers. 8 Under Code section 321.477, the DOT is authorized to designate 9 by resolution certain of its employees upon each of whom there 10 is conferred the authority of a peace officer to enforce all 11 laws of the state including but not limited to the rules and 12 regulations of the DOT. Employees designated as peace officers 13 in this manner have the same powers conferred by law on 14 peace officers for the enforcement of all laws of this state 15 and the apprehension of violators. Under the terms of the 16 2017 legislation, the amended language is set to be repealed 17 effective July 1, 2018. Because this bill amends language 18 enacted in 2017, the bill repeals the future repeal provision. 19 The bill alters Code section 321.477 to provide that DOT 20 employees designated as peace officers shall only engage in 21 the enforcement of federal motor carrier safety regulations 22 and federal motor carrier hazardous materials regulations; 23 the regulation of the operating authority of motor carriers; 24 the regulation of the movement, safety, and lawful operation 25 of commercial motor vehicles; the regulation of the operating 26 authority of commercial motor vehicle operators and the 27 enforcement of traffic and safety laws on operators of 28 commercial motor vehicles; the enforcement and performance 29 of other activities necessary for the motor carrier safety 30 assistance program and the high priority program; the 31 investigation and enforcement of matters relating to or 32 arising out of responsibilities entrusted to the DOT; the 33 control and direction of traffic; the enforcement of motor 34 vehicle laws relating to the operating authority, registration, 35 -3- LSB 6166HV (2) 87 ns/rh 3/ 4

H.F. 2416 size, weight, and load of motor vehicles and trailers; the 1 enforcement of laws, the violations of which are defined as 2 serious violations under 761 IAC 615.17(2); the enforcement 3 of speed restrictions where a motor vehicle is traveling 15 4 miles per hour or more over the legal speed limit; and the 5 enforcement of rules and regulations of the DOT. 6 The bill provides that the DOT and the department of public 7 safety are required to coordinate to provide effective and 8 efficient enforcement of all laws of the state, including any 9 related regulatory actions. However, the bill provides this 10 provision shall not be construed to authorize employees of the 11 DOT designated as peace officers to enforce laws of the state 12 not otherwise authorized under the bill. 13 The bill takes effect upon enactment. 14 -4- LSB 6166HV (2) 87 ns/rh 4/ 4