House File 301 - Introduced HOUSE FILE 301 BY HEATON A BILL FOR An Act authorizing peace officers employed by the department of 1 transportation to make arrests for violations relating to 2 the operation of motor vehicles. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1325YH (2) 87 ns/rh/nh
H.F. 301 Section 1. Section 80.22, Code 2017, is amended to read as 1 follows: 2 80.22 Prohibition on other departments. 3 All Except as provided in sections 321.476 and 321.477, 4 all other departments and bureaus of the state are hereby 5 prohibited from employing special peace officers or conferring 6 upon regular employees any police powers to enforce provisions 7 of the statutes which are specifically reserved by 1939 Iowa 8 Acts, ch. 120, to the department of public safety. But 9 However, the commissioner of public safety shall, upon the 10 requisition of the attorney general, from time to time assign 11 for service in the department of justice such of its officers, 12 not to exceed six in number, as may be requisitioned by the 13 attorney general for special service in the department of 14 justice, and when so assigned such officers shall be under the 15 exclusive direction and control of the attorney general. 16 Sec. 2. Section 321.477, Code 2017, is amended to read as 17 follows: 18 321.477 Employees as peace officers —— maximum age. 19 1. The department may designate by resolution certain of 20 its employees upon each of whom there is hereby conferred the 21 authority of a peace officer to control and direct traffic and 22 weigh vehicles, and to make arrests for violations of the motor 23 vehicle laws relating to the operation of motor vehicles on the 24 highways of this state, the operating authority, registration, 25 size, weight, and load of motor vehicles and trailers , and the 26 registration of a motor carrier’s interstate transportation 27 service with the department. 28 2. The maximum age for a person employed as a peace officer 29 pursuant to this section is sixty-five years of age. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 Under current law, departments and bureaus of the state, 34 other than the department of public safety (DPS), are 35 -1- LSB 1325YH (2) 87 ns/rh/nh 1/ 2
H.F. 301 prohibited from employing special peace officers or conferring 1 upon regular employees any police powers to enforce laws which 2 are specifically reserved to DPS, including those laws related 3 to traffic on the public highways of the state. However, 4 certain employees of the department of transportation (DOT) 5 may be designated as peace officers authorized to control 6 and direct traffic and weigh vehicles, and to make arrests 7 for violations of the motor vehicle laws relating to the 8 operating authority, registration, size, weight, and load of 9 motor vehicles and trailers, and the registration of a motor 10 carrier’s interstate transportation service with the DOT. 11 This bill authorizes peace officers employed by the DOT to 12 make arrests for violations of the motor vehicle laws relating 13 to the operation of motor vehicles on the highways of the 14 state. 15 -2- LSB 1325YH (2) 87 ns/rh/nh 2/ 2