House Study Bill 639 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON CARLSON) 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 6166YC (1) 87 ns/rh

H.F. _____ Section 1. Section 321.477, Code 2018, is amended to read 1 as follows: 2 321.477 Employees as peace officers —— maximum age. 3 1. The department may designate by resolution certain of its 4 employees upon each of whom there is conferred the authority 5 of a peace officer to enforce all laws of the state including 6 but not limited to the rules and regulations of the department. 7 Employees designated as peace officers pursuant to this 8 section shall have the same powers , duties, privileges, and 9 immunities conferred by law on peace officers for relating to 10 the enforcement of all laws of this state and the apprehension 11 of violators. 12 2. Employees designated as peace officers pursuant to this 13 section who are assigned to the supervision of the highways 14 of this state shall spend the preponderance of their time 15 conducting enforcement activities that assure the safe and 16 lawful movement and operation of commercial motor vehicles and 17 vehicles transporting loads, including but not limited to the 18 enforcement of motor vehicle laws relating to the operating 19 authority, registration, size, weight, and load of motor 20 vehicles and trailers, and registration of a motor carrier’s 21 interstate transportation service with the department. 22 3. Employees designated as peace officers pursuant to 23 this section shall not exercise the general powers of a peace 24 officer within the limits of any city, except as follows: 25 a. When so ordered by the direction of the governor. 26 b. When request is made by the mayor of any city, with the 27 approval of the director. 28 c. When request is made by the sheriff or county attorney of 29 any county, with the approval of the director. 30 d. While in the pursuit of law violators or in investigating 31 law violations. 32 e. While making any inspection provided by this chapter , or 33 any additional inspection ordered by the director. 34 f. When engaged in the investigation and enforcement of laws 35 -1- LSB 6166YC (1) 87 ns/rh 1/ 3

H.F. _____ relating to narcotic, counterfeit, stimulant, and depressant 1 drugs. 2 4. The limitations specified in subsection 3 shall in no 3 way be construed as a limitation on the power of employees 4 designated as peace officers pursuant to this section when a 5 public offense is being committed in their presence. 6 5. 3. The department shall submit a report to the general 7 assembly on or before December 1 of each year that details the 8 nature and scope of enforcement activities conducted in the 9 previous fiscal year by employees designated as peace officers 10 pursuant to this section who are assigned to the supervision 11 of the highways of this state. The report shall include a 12 comparison of commercial and noncommercial motor vehicle 13 enforcement activities conducted by such employees. 14 4. The department and the department of public safety shall 15 coordinate to provide effective and efficient enforcement of 16 all laws of the state, including any related regulatory action. 17 6. 5. The maximum age for a person employed as a peace 18 officer pursuant to this section is sixty-five years of age. 19 Sec. 2. REPEAL. 2017 Iowa Acts, chapter 149, section 4, is 20 repealed. 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 22 importance, takes effect upon enactment. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 Under current law, the department of transportation (DOT) 27 is authorized to designate by resolution certain of its 28 employees upon each of whom there is conferred the authority 29 of a peace officer to enforce all laws of the state including 30 but not limited to the rules and regulations of the DOT. 31 Employees designated as peace officers in this manner have 32 the same powers conferred by law on peace officers for the 33 enforcement of all laws of this state and the apprehension 34 of violators. This bill amends current law to specify that 35 -2- LSB 6166YC (1) 87 ns/rh 2/ 3

H.F. _____ employees designated as peace officers in this manner have the 1 same powers, duties, privileges, and immunities conferred by 2 law on peace officers relating to the enforcement of all laws 3 of this state and the apprehension of violators. 4 Under current law, such employees are prohibited from 5 exercising the general powers of a peace officer within 6 the limits of any city, except under certain circumstances. 7 However, the limitation does not apply when a public offense is 8 being committed in the employee’s presence. The bill strikes 9 these provisions. 10 The bill provides that the DOT and the department of public 11 safety are required to coordinate to provide effective and 12 efficient enforcement of all laws of the state, including any 13 related regulatory action. 14 In 2017, the general assembly amended Code section 321.477 15 to specify the powers, duties, and limitations of such 16 employees. Under the terms of the legislation, the amended 17 language is set to be repealed effective July 1, 2018. Because 18 the bill amends language enacted in 2017, the bill repeals the 19 future repeal provision. The bill takes effect upon enactment. 20 -3- LSB 6166YC (1) 87 ns/rh 3/ 3