House
Study
Bill
166
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
enforcement
duties
of
1
the
department
of
public
safety
and
the
department
of
2
transportation,
making
appropriations,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1473XL
(11)
90
th/ns
S.F.
_____
H.F.
_____
Section
1.
Section
80.5,
subsection
2,
Code
2023,
is
amended
1
to
read
as
follows:
2
2.
The
state
patrol
is
established
in
the
department.
3
The
patrol
shall
be
under
the
direction
of
the
commissioner.
4
The
number
of
supervisory
officers
shall
be
in
proportion
5
to
the
membership
of
the
state
patrol.
The
department
6
shall
maintain
a
vehicle
theft
unit
in
the
state
patrol
to
7
investigate
and
assist
in
the
examination
and
identification
8
of
stolen,
altered,
or
forfeited
vehicles.
In
addition
to
9
other
duties,
powers,
and
responsibilities
prescribed
by
law,
10
the
state
patrol
shall
supervise
the
highways
of
this
state
11
and
conduct
enforcement
activities
that
ensure
the
safe
and
12
lawful
movement
and
operation
of
commercial
motor
vehicles
and
13
vehicles
transporting
loads,
including
but
not
limited
to
the
14
enforcement
of
motor
vehicle
laws
relating
to
the
operating
15
authority,
registration,
size,
weight,
and
load
of
motor
16
vehicles
and
trailers.
17
Sec.
2.
Section
80B.6,
subsection
1,
paragraph
k,
Code
2023,
18
is
amended
to
read
as
follows:
19
k.
A
member
of
the
office
of
motor
vehicle
enforcement
of
20
the
department
of
transportation
involved
with
the
enforcement
21
activities
set
forth
in
section
321.477
.
22
Sec.
3.
Section
97B.42B,
Code
2023,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4A.
a.
Commencing
July
1,
2023,
a
25
person
who
is
a
designated
peace
officer
in
the
department
of
26
transportation
under
section
321.477,
Code
2023,
as
of
June
30,
27
2023,
who
has
fewer
than
ten
years
of
membership
service,
and
28
who
is
transferred
to
the
department
of
public
safety
pursuant
29
to
this
Act,
shall
be
a
member
of
the
Iowa
department
of
public
30
safety
peace
officers’
retirement,
accident,
and
disability
31
system
established
in
chapter
97A.
32
b.
Commencing
July
1,
2023,
a
person
who
is
a
designated
33
peace
officer
in
the
department
of
transportation
under
section
34
321.477,
Code
2023,
as
of
June
30,
2023,
who
has
ten
or
more
35
-1-
LSB
1473XL
(11)
90
th/ns
1/
14
S.F.
_____
H.F.
_____
years
of
membership
service,
and
who
is
transferred
to
the
1
department
of
public
safety
pursuant
to
this
Act,
shall
remain
2
a
member
of
the
Iowa
public
employees’
retirement
system.
3
Sec.
4.
Section
97B.49B,
subsection
1,
paragraph
e,
4
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
5
(5)
(a)
An
employee
of
the
state
department
of
6
transportation
who
is
designated
as
a
“peace
officer”
by
7
resolution
under
section
321.477
,
but
only
if
the
employee
8
retires
on
or
after
July
1,
1990.
For
purposes
of
this
9
subparagraph,
service
as
a
traffic
weight
officer
employed
10
by
the
highway
commission
prior
to
the
creation
of
the
state
11
department
of
transportation
or
as
a
peace
officer
employed
by
12
the
Iowa
state
commerce
commission
prior
to
the
creation
of
13
the
state
department
of
transportation
shall
be
included
in
14
computing
the
employee’s
years
of
membership
service.
15
(b)
An
employee
of
the
department
of
public
safety
described
16
in
section
97B.42B,
subsection
4A,
paragraph
“b”
.
17
Sec.
5.
Section
152C.5B,
subsection
1,
paragraph
b,
18
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
19
subparagraph.
20
Sec.
6.
Section
157.4A,
subsection
1,
paragraph
b,
21
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
22
subparagraph.
23
Sec.
7.
Section
307.12,
subsection
1,
paragraph
n,
Code
24
2023,
is
amended
to
read
as
follows:
25
n.
Adopt,
after
consultation
with
the
department
of
26
natural
resources
and
the
department
of
public
safety,
rules
27
relating
to
enforcement
of
the
rules
regarding
transportation
28
of
hazardous
wastes
adopted
by
the
department
of
natural
29
resources.
The
department
of
transportation
and
the
division
30
of
state
patrol
of
the
department
of
public
safety
shall
carry
31
out
the
enforcement
of
the
rules
,
as
otherwise
authorized
by
32
law
.
33
Sec.
8.
Section
307.48,
Code
2023,
is
amended
by
adding
the
34
following
new
subsection:
35
-2-
LSB
1473XL
(11)
90
th/ns
2/
14
S.F.
_____
H.F.
_____
NEW
SUBSECTION
.
3.
An
employee
of
the
office
of
motor
1
vehicle
enforcement
of
the
department
of
transportation
on
June
2
30,
2023,
who
is
transferred
to
the
department
of
public
safety
3
pursuant
to
this
Act,
retains
all
rights
to
longevity
pay.
4
Sec.
9.
Section
321.2,
subsection
2,
Code
2023,
is
amended
5
to
read
as
follows:
6
2.
The
division
of
state
patrol
of
the
department
of
public
7
safety
shall
enforce
the
provisions
of
this
chapter
relating
to
8
traffic
on
the
public
highways
of
the
state,
including
those
9
relating
to
the
safe
and
legal
operation
of
passenger
cars,
10
motorcycles,
motor
trucks
,
and
buses,
and
other
commercial
11
motor
vehicles,
and
to
see
that
proper
safety
rules
are
12
observed.
13
Sec.
10.
Section
321.266,
subsection
4,
Code
2023,
is
14
amended
to
read
as
follows:
15
4.
Notwithstanding
section
455B.386
,
a
carrier
transporting
16
hazardous
material
upon
a
public
highway
in
this
state,
in
17
the
case
of
an
accident
involving
the
transportation
of
the
18
hazardous
material,
shall
immediately
notify
the
police
radio
19
broadcasting
system
established
pursuant
to
section
693.1
or
20
shall
notify
a
peace
officer
of
the
county
or
city
in
which
21
the
accident
occurs.
When
a
local
law
enforcement
agency
is
22
informed
of
the
accident,
the
agency
shall
notify
the
state
23
patrol
and
the
state
department
of
transportation
office
of
24
motor
vehicle
enforcement
.
A
person
who
violates
a
provision
25
of
this
subsection
is
guilty
of
a
serious
misdemeanor.
26
Sec.
11.
Section
321.449,
subsection
1,
paragraphs
a
and
b,
27
Code
2023,
are
amended
to
read
as
follows:
28
a.
A
person
shall
not
operate
a
commercial
vehicle
on
the
29
highways
of
this
state
except
in
compliance
with
rules
adopted
30
by
the
department
of
transportation
and
rules
adopted
by
the
31
department
of
public
safety
under
chapter
17A
.
The
rules
shall
32
be
consistent
with
the
federal
motor
carrier
safety
regulations
33
promulgated
under
United
States
Code,
Tit.
49,
and
found
in
49
34
C.F.R.
pts.
385,
390
–
399
and
adopted
under
chapter
17A
.
35
-3-
LSB
1473XL
(11)
90
th/ns
3/
14
S.F.
_____
H.F.
_____
b.
The
department
of
transportation
or
department
of
public
1
safety
shall
also
adopt
rules
concerning
hours
of
service
for
2
drivers
of
vehicles
operated
for
hire
and
designed
to
transport
3
seven
or
more
persons,
including
the
driver.
The
rules
shall
4
not
apply
to
vehicles
offered
to
the
public
for
hire
that
are
5
used
principally
in
intracity
operation
and
that
are
regulated
6
by
local
authorities
pursuant
to
section
321.236
.
7
Sec.
12.
Section
321.449,
subsection
4,
paragraph
c,
Code
8
2023,
is
amended
to
read
as
follows:
9
c.
A
driver
or
a
driver-salesperson
for
a
private
carrier,
10
who
is
not
for
hire
and
who
is
engaged
exclusively
in
11
intrastate
commerce,
may
drive
twelve
hours,
be
on
duty
sixteen
12
hours
in
a
twenty-four-hour
period,
and
be
on
duty
seventy
13
hours
in
seven
consecutive
days
or
eighty
hours
in
eight
14
consecutive
days.
A
“driver-salesperson”
means
as
defined
in
49
15
C.F.R.
§395.2,
as
adopted
by
the
department
of
public
safety
16
by
rule.
17
Sec.
13.
Section
321.449,
subsection
8,
Code
2023,
is
18
amended
to
read
as
follows:
19
8.
In
the
course
of
enforcing
the
motor
carrier
safety
20
rules
adopted
by
the
department
of
public
safety
under
chapter
21
17A
,
the
department’s
department
of
public
safety’s
peace
22
officers
are
authorized,
at
reasonable
times
and
places
and
23
with
reasonable
notice,
to
enter
a
motor
carrier’s
place
of
24
business
for
the
purpose
of
performing
a
motor
carrier
safety
25
audit
or
compliance
review.
Nothing
in
this
subsection
by
26
itself
permits
the
seizure
of
the
property
of
a
motor
carrier.
27
Any
audit
or
review
shall
be
conducted
in
compliance
with
the
28
federal
motor
carrier
safety
regulations
in
49
C.F.R.
pts.
105
29
–
185,
382,
383,
385,
and
390
–
399.
A
peace
officer
of
the
30
department
of
public
safety
is
authorized
to
inspect
and
copy
31
motor
carrier
records
required
by
49
C.F.R.
pts.
105
–
185,
32
382,
383,
385,
and
390
–
399.
33
Sec.
14.
Section
321.449B,
subsection
1,
Code
2023,
is
34
amended
to
read
as
follows:
35
-4-
LSB
1473XL
(11)
90
th/ns
4/
14
S.F.
_____
H.F.
_____
1.
a.
A
person
subject
to
rules
adopted
by
the
department
1
of
public
safety
pursuant
to
section
321.449
shall
not
2
operate
a
commercial
motor
vehicle
while
engaged
in
texting
as
3
prohibited
by
49
C.F.R.
§392.80
,
except
in
an
emergency
or
as
4
otherwise
permitted
under
49
C.F.R.
§392.80
.
5
b.
A
person
subject
to
rules
adopted
by
the
department
of
6
public
safety
pursuant
to
section
321.449
shall
not
operate
7
a
commercial
motor
vehicle
while
using
a
hand-held
mobile
8
telephone
as
prohibited
by
49
C.F.R.
§392.82
,
except
in
an
9
emergency
or
as
otherwise
permitted
under
49
C.F.R.
§392.82
.
10
Sec.
15.
Section
321.450,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
A
person
shall
not
transport
or
have
transported
or
13
shipped
within
this
state
any
hazardous
material
except
in
14
compliance
with
rules
adopted
by
the
department
of
public
15
safety
under
chapter
17A
.
The
rules
shall
be
consistent
with
16
the
federal
hazardous
materials
regulations
adopted
under
17
United
States
Code,
Tit.
49,
and
found
in
49
C.F.R.
pts.
107,
18
171
to
173,
177,
178,
and
180.
19
Sec.
16.
Section
321.463,
subsection
5,
paragraph
b,
Code
20
2023,
is
amended
to
read
as
follows:
21
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
22
a
motor
vehicle
described
in
paragraph
“a”
equipped
with
an
23
auxiliary
power
or
idle
reduction
technology
unit
that
reduces
24
fuel
use
and
emissions
during
engine
idling
may
exceed
any
25
applicable
maximum
gross
weight
limit
under
this
chapter
by
26
five
hundred
fifty
pounds
or
the
weight
of
the
auxiliary
power
27
or
idle
reduction
technology
unit,
whichever
is
less.
This
28
paragraph
“b”
shall
does
not
apply
unless
the
operator
of
29
the
vehicle
provides
to
the
department
of
public
safety
a
30
written
certification
of
the
weight
of
the
auxiliary
power
31
or
idle
reduction
technology
unit,
demonstrates
or
certifies
32
to
the
department
of
public
safety
that
the
idle
reduction
33
technology
unit
is
fully
functional
at
all
times,
and
carries
34
with
the
operator
the
written
certification
of
the
weight
of
35
-5-
LSB
1473XL
(11)
90
th/ns
5/
14
S.F.
_____
H.F.
_____
the
auxiliary
power
or
idle
reduction
technology
unit
in
the
1
vehicle
at
all
times
to
present
to
law
enforcement
in
the
event
2
the
vehicle
is
suspected
of
violating
any
applicable
weight
3
restrictions.
4
Sec.
17.
Section
321.476,
subsection
1,
Code
2023,
is
5
amended
to
read
as
follows:
6
1.
a.
Authority
is
hereby
given
to
the
A
member
of
the
7
state
patrol
of
the
department
to
stop
of
public
safety
is
8
authorized
to
do
any
of
the
following:
9
a.
Stop
any
motor
vehicle
or
trailer
on
the
highways
for
the
10
purposes
of
weighing
and
inspection,
to
weigh
and
inspect
the
11
same
and
to
enforce
the
provisions
of
the
motor
vehicle
laws
12
relating
to
the
registration,
size,
weight,
and
load
of
motor
13
vehicles
and
trailers.
14
b.
Authority
is
also
hereby
granted
to
subject
to
weighing
15
and
inspection,
Weigh
and
inspect
vehicles
which
have
moved
16
from
a
highway
onto
private
property
under
circumstances
which
17
indicate
that
the
load
of
the
vehicle,
if
any,
is
substantially
18
the
same
as
the
load
which
the
vehicle
carried
before
moving
19
onto
the
private
property.
20
Sec.
18.
Section
321.477,
Code
2023,
is
amended
to
read
as
21
follows:
22
321.477
Employees
as
peace
officers
——
maximum
age.
23
1.
The
department
may
designate
by
resolution
certain
of
its
24
employees
upon
each
of
whom
there
is
conferred
the
authority
25
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
26
but
not
limited
to
the
rules
and
regulations
of
the
department
27
investigate
and
enforce
all
of
the
following:
28
a.
Laws
relating
to
motor
vehicle
records,
documents,
29
credentials,
procedures,
and
revenues,
including
but
not
30
limited
to
crimes
and
abuse
of
authority
associated
with
31
fraud,
identity
theft,
vehicle
titles
and
registration,
dealer
32
licenses,
and
authorized
vehicle
recycler
licenses
.
33
b.
Laws
relating
to
motor
vehicle
fraud
including
but
not
34
limited
to
the
state
and
federal
odometer
laws,
including
as
35
-6-
LSB
1473XL
(11)
90
th/ns
6/
14
S.F.
_____
H.F.
_____
provided
in
sections
307.37
and
321.71.
1
2.
Employees
designated
as
peace
officers
pursuant
to
this
2
section
shall
have
the
same
powers
conferred
by
law
on
peace
3
officers
for
the
enforcement
of
all
laws
of
this
state
and
the
4
apprehension
of
violators.
5
2.
Employees
designated
as
peace
officers
pursuant
to
this
6
section
who
are
assigned
to
the
supervision
of
the
highways
7
of
this
state
shall
spend
the
preponderance
of
their
time
8
conducting
enforcement
activities
that
assure
the
safe
and
9
lawful
movement
and
operation
of
commercial
motor
vehicles
and
10
vehicles
transporting
loads,
including
but
not
limited
to
the
11
enforcement
of
motor
vehicle
laws
relating
to
the
operating
12
authority,
registration,
size,
weight,
and
load
of
motor
13
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
14
interstate
transportation
service
with
the
department.
15
3.
Employees
designated
as
peace
officers
pursuant
to
16
this
section
shall
not
exercise
the
general
powers
of
a
peace
17
officer
set
forth
in
this
section
within
the
limits
of
any
18
city,
except
as
follows:
19
a.
When
so
ordered
by
the
direction
of
the
governor.
20
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
21
approval
of
the
director.
22
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
23
any
county,
with
the
approval
of
the
director.
24
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
25
law
violations.
26
e.
While
making
any
inspection
provided
by
this
chapter
,
or
27
any
additional
inspection
ordered
by
the
director.
28
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
29
relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
30
drugs.
31
4.
The
limitations
specified
in
subsection
3
shall
in
no
32
way
be
construed
as
a
limitation
on
the
power
of
employees
33
designated
as
peace
officers
pursuant
to
this
section
when
a
34
public
offense
is
being
committed
in
their
presence.
35
-7-
LSB
1473XL
(11)
90
th/ns
7/
14
S.F.
_____
H.F.
_____
5.
The
department
shall
submit
a
report
to
the
general
1
assembly
on
or
before
December
1
of
each
year
that
details
the
2
nature
and
scope
of
enforcement
activities
conducted
in
the
3
previous
fiscal
year
by
employees
designated
as
peace
officers
4
pursuant
to
this
section
who
are
assigned
to
the
supervision
5
of
the
highways
of
this
state.
The
report
shall
include
a
6
comparison
of
commercial
and
noncommercial
motor
vehicle
7
enforcement
activities
conducted
by
such
employees.
8
6.
4.
The
maximum
age
for
a
person
employed
as
a
peace
9
officer
pursuant
to
this
section
is
sixty-five
years
of
age.
10
Sec.
19.
Section
321.481,
Code
2023,
is
amended
to
read
as
11
follows:
12
321.481
No
impairment
of
other
authority.
13
Nothing
in
sections
321.476
through
321.480
321.479
shall
be
14
so
construed
as
to
limit
or
impair
the
authority
or
duties
of
15
other
peace
officers
in
the
enforcement
of
the
motor
vehicle
16
laws
or
any
portion
thereof.
17
Sec.
20.
Section
325A.10,
Code
2023,
is
amended
to
read
as
18
follows:
19
325A.10
Rules
for
operation.
20
1.
The
department
shall
adopt
rules
pursuant
to
chapter
21
17A
as
necessary
to
govern
and
control
the
operation
,
and
22
maintenance
,
and
inspection
of
vehicles
covered
by
this
chapter
23
upon
the
highways.
24
2.
The
department
of
public
safety
shall
adopt
rules
25
pursuant
to
chapter
17A
as
necessary
to
govern
the
inspection
26
of
vehicles
covered
by
this
chapter
upon
the
highways.
27
Sec.
21.
Section
602.8108,
subsection
8,
Code
2023,
is
28
amended
to
read
as
follows:
29
8.
The
state
court
administrator
shall
allocate
all
of
the
30
fines
and
fees
attributable
to
commercial
vehicle
violation
31
citations
issued
by
motor
vehicle
division
personnel
of
32
the
state
department
of
transportation
public
safety
to
the
33
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
34
Sec.
22.
REPEAL.
2017
Iowa
Acts,
chapter
149,
section
4,
as
35
-8-
LSB
1473XL
(11)
90
th/ns
8/
14
S.F.
_____
H.F.
_____
amended
by
2018
Iowa
Acts,
chapter
1170,
section
3,
2019
Iowa
1
Acts,
chapter
7,
section
1,
and
2022
Iowa
Acts,
chapter
1082,
2
section
1,
is
repealed.
3
Sec.
23.
REPEAL.
Sections
321.480
and
327B.2,
Code
2023,
4
are
repealed.
5
Sec.
24.
TRANSFERS
AND
APPROPRIATIONS.
6
1.
There
is
transferred
from
the
department
of
7
transportation’s
asset
forfeiture
fund
to
the
general
fund
8
of
the
state
the
amount
of
unencumbered
or
unobligated
9
moneys
remaining
in
the
department
of
transportation’s
asset
10
forfeiture
fund.
11
2.
There
is
appropriated
from
the
general
fund
of
the
12
state
to
the
department
of
public
safety
for
the
fiscal
year
13
beginning
July
1,
2023,
and
ending
June
30,
2024,
the
amount
14
transferred
to
the
general
fund
of
the
state
pursuant
to
15
subsection
1,
or
so
much
thereof
as
is
necessary,
to
be
used
16
for
costs
incurred
by
the
department
of
public
safety
for
the
17
transition
provided
for
in
this
Act.
18
3.
a.
The
Iowa
public
employees’
retirement
system
19
shall
perform
a
trustee-to-trustee
lump
sum
transfer
to
the
20
Iowa
department
of
public
safety
peace
officers’
retirement,
21
accident,
and
disability
system.
The
transfer
shall
include
an
22
amount
consisting
of
the
accumulated
contributions
by
members
23
transferred
to
the
peace
officers’
retirement,
accident,
and
24
disability
system
pursuant
to
this
Act
and
every
transferred
25
member’s
share
of
the
accumulated
employer
contributions
as
26
defined
in
section
97B.53.
The
transfer
shall
not
be
deemed
27
to
be
a
termination
of
a
member’s
plan
and
an
affected
member
28
shall
not
be
entitled
to
a
distribution
of
the
moneys
as
a
29
result
of
the
member’s
transfer.
30
b.
Upon
completion
of
the
transfer,
the
Iowa
department
31
of
public
safety
peace
officers’
retirement,
accident,
and
32
disability
system
shall
engage
an
actuary
to
determine
the
33
actuarial
cost
of
the
remaining
transfer.
For
purposes
of
this
34
paragraph,
“the
actuarial
cost
of
the
remaining
transfer”
is
an
35
-9-
LSB
1473XL
(11)
90
th/ns
9/
14
S.F.
_____
H.F.
_____
amount
determined
by
the
peace
officers’
retirement,
accident,
1
and
disability
system
in
accordance
with
actuarial
tables
which
2
reflects
the
actuarial
cost
necessary
to
fund
the
increased
3
retirement
allowances
less
the
amount
transferred
by
the
Iowa
4
public
employees’
retirement
system.
5
c.
Once
the
transfer
is
completed,
the
transferred
members
6
shall
forfeit
all
rights,
including
service
credit
and
7
benefits,
under
chapter
97B;
shall
be
treated
as
members
under
8
chapter
97A;
and
shall
be
vested
in
a
benefit
under
chapter
97A
9
that
shall
not
be
less
than
the
benefit
to
which
the
member
was
10
entitled
under
chapter
97B
at
the
time
of
the
transfer.
11
Sec.
25.
TRANSITION
——
RULES.
12
1.
a.
Effective
July
1,
2023,
peace
officers
of
the
13
department
of
public
safety
shall
assume
the
duties,
powers,
14
and
responsibilities
of
peace
officers
designated
by
the
15
department
of
transportation
under
section
321.477,
Code
16
2023,
who
are
assigned
to
the
supervision
of
the
highways
17
of
this
state.
On
or
before
July
1,
2023,
the
department
18
of
transportation
and
the
department
of
public
safety,
in
19
consultation
with
the
department
of
administrative
services,
20
shall
identify
and
transfer
affected
positions
and
incumbent
21
peace
officer
and
civilian
employees
from
the
department
of
22
transportation
to
the
department
of
public
safety.
Former
23
peace
officer
employees
of
the
department
of
transportation
24
who
are
covered
by
a
collective
bargaining
agreement
and
who
25
are
reassigned
shall
be
placed
in
an
existing
department
of
26
public
safety
peace
officer
classification
within
the
state
27
police
officers
council
bargaining
unit,
without
loss
of
28
seniority
or
loss
of
pay
accrued
while
serving
as
a
peace
29
officer.
Any
peace
officer
so
reassigned
shall
be
entitled
to
30
all
rights,
privileges,
and
benefits
of
the
peace
officer’s
new
31
classification,
including
longevity
pay
pursuant
to
section
32
80.6
as
calculated
based
upon
years
of
service
in
a
peace
33
officer
position,
within
the
state
police
officers
council
34
bargaining
unit
as
of
the
effective
date
of
the
employee’s
35
-10-
LSB
1473XL
(11)
90
th/ns
10/
14
S.F.
_____
H.F.
_____
reassignment.
1
b.
The
department
of
public
safety
shall
honor
a
final
2
offer
of
employment
made
by
the
department
of
transportation
3
to
a
person
who
has
not
accepted
the
offer
by
July
1,
2023,
4
if
the
employment
offer
is
to
fill
a
position
that
will
be
5
transitioned
to
the
department
of
public
safety
under
this
6
Act.
Such
persons
shall
be
assigned
to
the
state
patrol
upon
7
completion
of
the
department
of
public
safety
academy
training,
8
and
are
entitled
to
all
rights,
privileges,
and
benefits
of
9
similarly
reassigned
positions
and
transitioned
incumbent
peace
10
officer
employees
from
the
department
of
transportation.
11
2.
On
or
before
July
1,
2023,
the
department
of
12
transportation
shall
provide
all
appropriate
documentation
13
and
data
required
for
motor
carrier
safety
assistance
program
14
activities,
including
but
not
limited
to
those
relating
to
15
the
reimbursement
of
expenses,
for
reporting
purposes
to
the
16
department
of
public
safety,
and
any
other
documentation
and
17
data
required
by
the
department
of
public
safety
to
comply
with
18
federal
law
or
for
purposes
of
the
transition
provided
for
in
19
this
Act.
20
3.
On
or
before
July
1,
2023,
the
department
of
21
transportation
shall
cooperate
with
the
department
of
public
22
safety
to
ensure
the
department
of
public
safety
is
aware
of
23
the
rules
the
department
of
transportation
adopted
relating
24
to
administering
and
enforcing
commercial
motor
vehicle
25
violations.
The
department
of
public
safety
shall
inform
the
26
administrative
code
editor
of
the
applicable
rules
that
need
27
to
be
transferred.
Any
such
rule
adopted
by
the
department
of
28
transportation
shall
continue
in
full
force
and
effect
until
29
the
rule
is
transferred
to
the
department
of
public
safety.
30
Sec.
26.
EFFECTIVE
DATE.
The
following,
being
deemed
of
31
immediate
importance,
take
effect
upon
enactment:
32
1.
The
section
of
this
Act
repealing
2017
Iowa
Acts,
chapter
33
149,
section
4.
34
2.
The
section
of
this
Act
setting
forth
transition
35
-11-
LSB
1473XL
(11)
90
th/ns
11/
14
S.F.
_____
H.F.
_____
provisions.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
BACKGROUND.
Under
current
law,
the
department
of
public
5
safety
(DPS)
is
charged
with,
among
other
things,
preventing
6
crime
and
detecting
and
apprehending
criminals.
The
division
7
of
state
patrol
(state
patrol)
is
established
within
DPS.
The
8
state
patrol
is
required
to
enforce
the
provisions
of
Code
9
chapter
321
(motor
vehicles
and
law
of
the
road)
relating
10
to
traffic
on
public
highways,
including
those
relating
to
11
the
safe
and
legal
operation
of
passenger
cars,
motorcycles,
12
motor
trucks,
and
buses,
and
to
see
that
proper
safety
rules
13
are
observed.
In
addition,
the
state
patrol
must
investigate
14
and
assist
in
the
examination
and
identification
of
stolen,
15
altered,
or
forfeited
vehicles.
16
The
department
of
transportation
(DOT)
is
responsible
17
for
the
planning,
development,
regulation,
and
improvement
18
of
transportation
as
provided
by
law.
DOT
is
authorized
to
19
designate
certain
employees
as
peace
officers,
who
are
assigned
20
to
DOT’s
office
of
motor
vehicle
enforcement
(MVE).
MVE
21
officers
must
spend
the
preponderance
of
their
time
conducting
22
enforcement
activities
that
assure
the
safe
and
lawful
23
movement
and
operation
of
commercial
motor
vehicles
(CMVs)
and
24
vehicles
transporting
loads,
including
but
not
limited
to
the
25
enforcement
of
motor
vehicle
laws
relating
to
the
operating
26
authority,
registration,
size,
weight,
and
load
of
motor
27
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
28
interstate
transportation
service
with
DOT.
29
DOT
and
DPS
are
required
to
cooperate
to
ensure
the
proper
30
and
adequate
enforcement
of
the
provisions
of
Code
chapter
321.
31
TRANSITION
——
DOT
TO
DPS.
This
bill
provides
for
the
32
transition
of
certain
MVE
employees
from
DOT
to
DPS.
33
Effective
July
1,
2023,
DPS
peace
officers
will
assume
the
34
responsibilities
and
duties
of
MVE
officers
so
transferred.
35
-12-
LSB
1473XL
(11)
90
th/ns
12/
14
S.F.
_____
H.F.
_____
On
or
before
July
1,
2023,
DOT
and
DPS,
in
consultation
with
1
the
department
of
administrative
services,
must
identify
and
2
transfer
affected
positions
and
incumbent
civilian
and
MVE
3
officer
employees
from
DOT
to
DPS.
Transferred
MVE
peace
4
officers
will
become
peace
officers
in
the
state
patrol.
5
The
bill
transfers
to
the
state
patrol
responsibility
for,
6
among
other
duties,
supervising
the
highways,
including
but
not
7
limited
to
conducting
enforcement
activities
that
ensure
the
8
safe
and
lawful
movement
and
operation
of
CMVs
and
vehicles
9
transporting
loads.
The
state
patrol
is
tasked
with
enforcing
10
motor
vehicle
laws
relating
to
the
operating
authority,
11
registration,
size,
weight,
and
load
of
motor
vehicles
and
12
trailers.
13
Under
current
law,
MVE
officers
are
authorized
to
enforce
14
federal
motor
carrier
safety
rules
adopted
by
DOT.
Pursuant
to
15
such
authorization,
MVE
officers
may
enter
a
motor
carrier’s
16
place
of
business
for
the
purpose
of
performing
a
motor
carrier
17
safety
audit
or
compliance
review.
An
MVE
officer
is
also
18
authorized
to
inspect
and
copy
motor
carrier
records
required
19
by
federal
law.
The
bill
authorizes
DPS
peace
officers
to
20
perform
a
safety
audit
or
compliance
review
or
inspect
motor
21
carrier
records.
22
RETIREMENT
AND
LONGEVITY
PAY.
DOT
employees
are
members
23
of,
and
receive
benefits
from,
the
Iowa
public
employees’
24
retirement
system
(IPERS)
(Code
chapter
97B).
DPS
officers
25
are
members
of,
and
receive
benefits
from,
the
peace
officers’
26
retirement,
accident,
and
disability
system
(Code
chapter
97A).
27
Under
the
bill,
a
transferred
MVE
officer
who
has
10
or
more
28
years
of
membership
service
in
IPERS
on
July
1,
2023,
will
29
remain
a
member
of
IPERS
and
will
continue
to
be
considered
30
an
employee
in
a
protection
occupation.
A
transferred
MVE
31
officer
who
has
fewer
than
10
years
of
membership
service
in
32
IPERS
will
become
a
member
of
the
peace
officers’
retirement,
33
accident,
and
disability
system.
A
person
who
is
employed
34
by
DOT
and
retains
limited
authority
of
a
peace
officer
35
-13-
LSB
1473XL
(11)
90
th/ns
13/
14
S.F.
_____
H.F.
_____
pursuant
to
the
bill
remains
a
member
of
IPERS
and
continues
1
to
be
considered
an
employee
in
a
protection
occupation.
A
2
transferred
MVE
officer
retains
all
rights
to
longevity
pay.
3
REMAINING
DOT
OFFICERS.
The
bill
authorizes
DOT
to
4
designate
certain
employees
who
have
limited
authority
as
5
peace
officers.
The
limited
authority
includes
the
ability
to
6
investigate
and
enforce
laws
relating
to
motor
vehicle
records,
7
documents,
credentials,
procedures,
and
revenues,
including
8
but
not
limited
to
crimes
and
abuse
of
authority
associated
9
with
fraud,
identity
theft,
vehicle
titles
and
registration,
10
dealer
licenses,
and
authorized
vehicle
recycler
licenses;
and
11
relating
to
motor
vehicle
fraud
including
but
not
limited
to
12
state
and
federal
odometer
laws.
13
FINES
——
ROAD
USE
TAX
FUND.
The
bill
requires
the
state
14
court
administrator
to
allocate
all
of
the
fines
and
fees
15
attributable
to
CMV
citations
issued
by
DPS,
rather
than
DOT,
16
to
the
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
17
Under
current
law,
moneys
credited
to
the
road
use
tax
fund
are
18
prohibited
from
being
appropriated
for
the
payment
of
salaries,
19
support,
or
maintenance
of
any
personnel
in
DPS
(Code
section
20
312.9).
The
bill
does
not
modify
this
prohibition.
21
MISCELLANEOUS.
The
bill
makes
corresponding
changes
22
throughout
the
Code,
transfers
remaining
moneys
from
DOT’s
23
asset
forfeiture
fund
to
DPS
for
costs
associated
with
the
24
transition,
provides
for
a
lump
sum
transfer
from
IPERS
to
25
the
peace
officers’
retirement,
accident,
and
disability
26
system,
requires
DPS
to
honor
certain
employment
offers
by
DOT,
27
provides
for
transition
provisions
including
the
transfer
of
28
applicable
documentation
and
data,
and
allows
for
the
transfer
29
of
administrative
rules
from
DOT
to
DPS.
30
-14-
LSB
1473XL
(11)
90
th/ns
14/
14