Senate
File
237
-
Introduced
SENATE
FILE
237
BY
ZUMBACH
A
BILL
FOR
An
Act
relating
to
department
of
transportation
employees
1
designated
as
peace
officers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.477,
subsections
1,
3,
and
4,
Code
1
2021,
are
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
4
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
5
but
not
limited
to
laws
set
forth
in
subsection
2,
laws
the
6
violation
of
which
is
a
serious
misdemeanor
or
greater
offense,
7
laws
department
employees
designated
as
peace
officers
are
8
otherwise
authorized
to
enforce,
and
the
rules
and
regulations
9
of
the
department.
Employees
designated
as
peace
officers
10
pursuant
to
this
section
shall
have
the
same
powers
conferred
11
by
law
on
peace
officers
for
the
enforcement
of
all
such
laws
12
of
this
state
and
the
apprehension
of
violators.
13
3.
Employees
designated
as
peace
officers
pursuant
to
14
this
section
shall
not
exercise
the
general
powers
of
a
peace
15
officer
specified
in
subsection
1
within
the
limits
of
any
16
city,
except
as
follows:
17
a.
When
so
ordered
by
the
direction
of
the
governor.
18
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
19
approval
of
the
director.
20
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
21
any
county,
with
the
approval
of
the
director.
22
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
23
law
violations
which
are
a
serious
misdemeanor
or
greater
24
offense
.
25
e.
While
making
any
inspection
provided
by
this
chapter
,
or
26
any
additional
inspection
ordered
by
the
director.
27
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
28
relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
29
drugs
the
violation
of
which
is
a
serious
misdemeanor
or
30
greater
offense
.
31
4.
The
limitations
specified
in
subsection
3
shall
in
no
32
way
not
be
construed
as
a
limitation
on
the
power
of
employees
33
designated
as
peace
officers
pursuant
to
this
section
when
a
34
public
offense
the
violation
of
which
is
a
serious
misdemeanor
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237
or
greater
offense
is
being
committed
in
their
presence.
1
Sec.
2.
REPEAL.
2017
Iowa
Acts,
chapter
149,
section
4,
as
2
amended
by
2018
Iowa
Acts,
chapter
1170,
section
3,
and
2019
3
Iowa
Acts,
chapter
7,
section
1,
is
repealed.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
In
2017,
the
general
assembly
amended
Code
section
321.477
8
to
specify
the
powers,
duties,
and
limitations
of
employees
of
9
the
department
of
transportation
(DOT)
who
are
designated
as
10
peace
officers
by
the
DOT.
Under
the
terms
of
the
legislation,
11
the
amended
language
was
set
to
be
repealed
effective
July
1,
12
2018.
In
2018,
the
general
assembly
extended
the
future
repeal
13
provision
to
July
1,
2019.
In
2019,
the
general
assembly
14
extended
the
future
repeal
provision
to
July
1,
2022.
This
15
bill
repeals
the
future
repeal
provision.
16
The
bill
limits
the
powers
and
duties
of
DOT
employees
17
designated
as
peace
officers
to
the
enforcement
of
laws
18
relating
to
(1)
the
safe
and
lawful
movement
and
operation
19
of
commercial
vehicles
and
vehicles
transporting
loads,
20
(2)
the
enforcement
of
motor
vehicle
laws
relating
to
the
21
operating
authority,
registration,
size,
weight,
and
load
of
22
motor
vehicles
and
trailers,
(3)
the
registration
of
a
motor
23
carrier’s
interstate
transportation
service
with
the
DOT,
(4)
24
laws
the
violation
of
which
is
a
serious
misdemeanor
or
great
25
offense,
(5)
laws
DOT
employees
designated
as
peace
officers
26
are
otherwise
authorized
to
enforce
(such
as
Code
chapter
27
321J
(operating
while
intoxicated)),
and
(6)
the
rules
and
28
regulations
of
the
DOT.
The
bill
makes
conforming
changes
to
29
Code
section
321.477.
30
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