SF 2326 (LSB 6166SV (2) 87)

SENATE FILE 2326

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 3192)

A BILL FOR

An Act relating to the coordination of enforcement activities between the department of transportation and the department of public safety, including provisions relating to department of transportation employees designated as peace officers, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.477, subsection 1, Code 2018, is amended to read as follows:
   1.  The department may designate by resolution certain of its employees upon each of whom there is conferred the authority of a peace officer to enforce all laws of the state including but not limited to the rules and regulations of the department. Employees designated as peace officers pursuant to this section shall have the same powers, duties, privileges, and immunities conferred by law on peace officers for relating to the enforcement of all laws of this state and the apprehension of violators.
    Sec. 2.  Section 321.477, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  The department and the department of public safety shall coordinate to provide effective and efficient enforcement of all laws of the state, including any related regulatory actions.
    Sec. 3.  REPEAL.  2017 Iowa Acts, chapter 149, section 4, is repealed.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the department of transportation (DOT) is authorized to designate by resolution certain of its employees upon each of whom there is conferred the authority of a peace officer to enforce all laws of the state including but not limited to the rules and regulations of the DOT. Employees designated as peace officers in this manner have the same powers conferred by law on peace officers for the enforcement of all laws of this state and the apprehension of violators. This bill amends current law to specify that employees designated as peace officers in this manner have the same powers, duties, privileges, and immunities conferred by law on peace officers relating to the enforcement of all laws of this state and the apprehension of violators. 
   The bill provides that the DOT and the department of public safety are required to coordinate to provide effective and efficient enforcement of all laws of the state, including any related regulatory actions.
   In 2017, the general assembly amended Code section 321.477 to specify the powers, duties, and limitations of such employees. Under the terms of the legislation, the amended language is set to be repealed effective July 1, 2018. Because the bill amends language enacted in 2017, the bill repeals the future repeal provision. The bill takes effect upon enactment.