Senate
File
513
-
Introduced
SENATE
FILE
513
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1175)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
enforcement
duties
of
1
the
department
of
public
safety
and
the
department
of
2
transportation,
providing
transfers
of
moneys,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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.
The
3
patrol
shall
be
under
the
direction
of
the
commissioner.
The
4
number
of
supervisory
officers
shall
be
in
proportion
to
the
5
membership
of
the
state
patrol.
The
department
shall
maintain
6
a
vehicle
theft
unit
in
the
state
patrol
to
investigate
7
and
assist
in
the
examination
and
identification
of
stolen,
8
altered,
or
forfeited
vehicles.
In
addition
to
other
duties,
9
powers,
and
responsibilities
prescribed
by
law,
the
state
10
patrol
shall
conduct
enforcement
activities
that
ensure
the
11
safe
and
lawful
movement
and
operation
of
commercial
motor
12
vehicles
and
vehicles
transporting
loads,
including
but
not
13
limited
to
the
enforcement
of
motor
vehicle
laws
relating
to
14
the
operating
authority,
registration,
size,
weight,
and
load
15
of
motor
vehicles
and
trailers.
16
Sec.
2.
Section
80.5,
Code
2023,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
10.
The
department
of
public
safety
19
shall
adopt,
after
consultation
with
the
department
of
20
transportation,
rules
relating
to
enforcement
of
motor
vehicle
21
laws,
including
but
not
limited
to
laws
governing
the
safe
22
movement
and
operation
of
commercial
motor
vehicles
and
23
vehicles
transporting
loads.
The
state
patrol
shall
carry
out
24
the
enforcement
of
the
rules,
in
accordance
with
state
law.
25
NEW
SUBSECTION
.
11.
The
department
of
public
safety
shall
26
adopt,
after
consultation
with
the
department
of
natural
27
resources
and
the
department
of
transportation,
rules
relating
28
to
enforcement
of
the
rules
regarding
transportation
of
29
hazardous
wastes
adopted
by
the
department
of
natural
resources
30
and
the
department
of
transportation.
The
state
patrol
shall
31
carry
out
the
enforcement
of
the
rules,
in
accordance
with
32
state
law.
33
NEW
SUBSECTION
.
12.
The
department
shall
submit
a
report
to
34
the
general
assembly
on
or
before
December
1
of
each
year
that
35
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details
the
nature
and
scope
of
enforcement
activities
that
1
ensure
the
safe
and
lawful
movement
and
operation
of
commercial
2
motor
vehicles
and
vehicles
transporting
loads
conducted
by
3
members
of
the
state
patrol
assigned
to
such
enforcement
4
activities
in
the
previous
year.
The
report
shall
include
5
a
comparison
of
commercial
and
noncommercial
motor
vehicle
6
enforcement
activities
conducted
by
such
members
of
the
state
7
patrol.
8
Sec.
3.
Section
80B.6,
subsection
1,
paragraph
k,
Code
2023,
9
is
amended
to
read
as
follows:
10
k.
A
member
of
the
office
of
motor
vehicle
enforcement
of
11
the
department
of
transportation
involved
with
the
enforcement
12
activities
set
forth
in
section
321.477
.
13
Sec.
4.
Section
97B.42B,
Code
2023,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
4A.
a.
Commencing
July
1,
2023,
a
16
person
who
is
a
designated
peace
officer
in
the
department
of
17
transportation
under
section
321.477,
Code
2023,
as
of
June
30,
18
2023,
who
has
fewer
than
ten
years
of
membership
service,
and
19
who
is
transferred
to
the
department
of
public
safety
pursuant
20
to
this
Act,
shall
be
a
member
of
the
Iowa
department
of
public
21
safety
peace
officers’
retirement,
accident,
and
disability
22
system
established
in
chapter
97A.
23
b.
Commencing
July
1,
2023,
a
person
who
is
a
designated
24
peace
officer
in
the
department
of
transportation
under
section
25
321.477,
Code
2023,
as
of
June
30,
2023,
who
has
ten
or
more
26
years
of
membership
service,
and
who
is
transferred
to
the
27
department
of
public
safety
pursuant
to
this
Act,
shall
remain
28
a
member
of
the
Iowa
public
employees’
retirement
system.
29
Sec.
5.
Section
97B.49B,
subsection
1,
paragraph
e,
30
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
31
(5)
(a)
An
employee
of
the
state
department
of
32
transportation
who
is
designated
as
a
“peace
officer”
by
33
resolution
under
section
321.477
,
but
only
if
the
employee
34
retires
on
or
after
July
1,
1990.
For
purposes
of
this
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subparagraph,
service
as
a
traffic
weight
officer
employed
1
by
the
highway
commission
prior
to
the
creation
of
the
state
2
department
of
transportation
or
as
a
peace
officer
employed
by
3
the
Iowa
state
commerce
commission
prior
to
the
creation
of
4
the
state
department
of
transportation
shall
be
included
in
5
computing
the
employee’s
years
of
membership
service.
6
(b)
An
employee
of
the
department
of
public
safety
described
7
in
section
97B.42B,
subsection
4A,
paragraph
“b”
.
8
Sec.
6.
Section
152C.5B,
subsection
1,
paragraph
b,
9
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
10
subparagraph.
11
Sec.
7.
Section
157.4A,
subsection
1,
paragraph
b,
12
subparagraph
(5),
Code
2023,
is
amended
by
striking
the
13
subparagraph.
14
Sec.
8.
Section
307.12,
subsection
1,
paragraph
n,
Code
15
2023,
is
amended
to
read
as
follows:
16
n.
Adopt,
after
consultation
with
the
department
of
17
natural
resources
and
the
department
of
public
safety,
rules
18
relating
to
enforcement
of
the
rules
regarding
transportation
19
of
hazardous
wastes
adopted
by
the
department
of
natural
20
resources.
The
department
of
transportation
and
the
division
21
of
state
patrol
of
the
department
of
public
safety
shall
carry
22
out
the
enforcement
of
the
rules
,
as
otherwise
authorized
by
23
law
.
24
Sec.
9.
Section
307.48,
Code
2023,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
3.
An
employee
of
the
office
of
motor
27
vehicle
enforcement
of
the
department
of
transportation
on
June
28
30,
2023,
who
is
transferred
to
the
department
of
public
safety
29
pursuant
to
this
Act,
retains
all
rights
to
longevity
pay.
30
Sec.
10.
Section
321.2,
subsection
2,
Code
2023,
is
amended
31
to
read
as
follows:
32
2.
The
division
of
state
patrol
of
the
department
of
public
33
safety
shall
enforce
the
provisions
of
this
chapter
,
rules
34
adopted
by
the
department
of
transportation,
and
rules
adopted
35
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by
the
department
of
public
safety
relating
to
traffic
on
the
1
public
highways
of
the
state,
including
those
relating
to
the
2
safe
and
legal
operation
of
passenger
cars,
motorcycles,
motor
3
trucks
,
and
buses,
and
other
commercial
motor
vehicles,
and
to
4
see
that
proper
safety
rules
are
observed.
5
Sec.
11.
Section
321.266,
subsection
4,
Code
2023,
is
6
amended
to
read
as
follows:
7
4.
Notwithstanding
section
455B.386
,
a
carrier
transporting
8
hazardous
material
upon
a
public
highway
in
this
state,
in
9
the
case
of
an
accident
involving
the
transportation
of
the
10
hazardous
material,
shall
immediately
notify
the
police
radio
11
broadcasting
system
established
pursuant
to
section
693.1
or
12
shall
notify
a
peace
officer
of
the
county
or
city
in
which
13
the
accident
occurs.
When
a
local
law
enforcement
agency
is
14
informed
of
the
accident,
the
agency
shall
notify
the
state
15
patrol
and
the
state
department
of
transportation
office
of
16
motor
vehicle
enforcement
.
A
person
who
violates
a
provision
17
of
this
subsection
is
guilty
of
a
serious
misdemeanor.
18
Sec.
12.
Section
321.449,
subsection
8,
Code
2023,
is
19
amended
to
read
as
follows:
20
8.
In
the
course
of
enforcing
the
motor
carrier
safety
21
rules
adopted
by
the
department
of
transportation
under
chapter
22
17A
,
the
department’s
department
of
public
safety’s
peace
23
officers
are
authorized,
at
reasonable
times
and
places
and
24
with
reasonable
notice,
to
enter
a
motor
carrier’s
place
of
25
business
for
the
purpose
of
performing
a
motor
carrier
safety
26
audit
or
compliance
review.
Nothing
in
this
subsection
by
27
itself
permits
the
seizure
of
the
property
of
a
motor
carrier.
28
Any
audit
or
review
shall
be
conducted
in
compliance
with
the
29
federal
motor
carrier
safety
regulations
in
49
C.F.R.
pts.
105
30
–
185,
382,
383,
385,
and
390
–
399.
A
peace
officer
of
the
31
department
of
public
safety
is
authorized
to
inspect
and
copy
32
motor
carrier
records
required
by
49
C.F.R.
pts.
105
–
185,
33
382,
383,
385,
and
390
–
399.
34
Sec.
13.
Section
321.450,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
1
1.
A
person
shall
not
transport
or
have
transported
or
2
shipped
within
this
state
any
hazardous
material
except
3
in
compliance
with
rules
adopted
by
the
department
of
4
transportation,
in
consultation
with
the
department
of
natural
5
resources,
under
chapter
17A
.
The
rules
shall
be
consistent
6
with
the
federal
hazardous
materials
regulations
adopted
under
7
United
States
Code,
Tit.
49,
and
found
in
49
C.F.R.
pts.
107,
8
171
to
173,
177,
178,
and
180.
9
Sec.
14.
Section
321.463,
subsection
5,
paragraph
b,
Code
10
2023,
is
amended
to
read
as
follows:
11
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
12
a
motor
vehicle
described
in
paragraph
“a”
equipped
with
an
13
auxiliary
power
or
idle
reduction
technology
unit
that
reduces
14
fuel
use
and
emissions
during
engine
idling
may
exceed
any
15
applicable
maximum
gross
weight
limit
under
this
chapter
by
16
five
hundred
fifty
pounds
or
the
weight
of
the
auxiliary
power
17
or
idle
reduction
technology
unit,
whichever
is
less.
This
18
paragraph
“b”
shall
does
not
apply
unless
the
operator
of
19
the
vehicle
provides
to
the
department
of
public
safety
a
20
written
certification
of
the
weight
of
the
auxiliary
power
21
or
idle
reduction
technology
unit,
demonstrates
or
certifies
22
to
the
department
of
public
safety
that
the
idle
reduction
23
technology
unit
is
fully
functional
at
all
times,
and
carries
24
with
the
operator
the
written
certification
of
the
weight
of
25
the
auxiliary
power
or
idle
reduction
technology
unit
in
the
26
vehicle
at
all
times
to
present
to
law
enforcement
in
the
event
27
the
vehicle
is
suspected
of
violating
any
applicable
weight
28
restrictions.
29
Sec.
15.
Section
321.476,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
a.
Authority
is
hereby
given
to
the
A
member
of
the
32
state
patrol
of
the
department
to
stop
of
public
safety
is
33
authorized
to
do
any
of
the
following:
34
a.
Stop
any
motor
vehicle
or
trailer
on
the
highways
for
the
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purposes
of
weighing
and
inspection,
to
weigh
and
inspect
the
1
same
and
to
enforce
the
provisions
of
the
motor
vehicle
laws
2
relating
to
the
registration,
size,
weight,
and
load
of
motor
3
vehicles
and
trailers.
4
b.
Authority
is
also
hereby
granted
to
subject
to
weighing
5
and
inspection,
Weigh
and
inspect
vehicles
which
have
moved
6
from
a
highway
onto
private
property
under
circumstances
which
7
indicate
that
the
load
of
the
vehicle,
if
any,
is
substantially
8
the
same
as
the
load
which
the
vehicle
carried
before
moving
9
onto
the
private
property.
10
Sec.
16.
Section
321.477,
Code
2023,
is
amended
to
read
as
11
follows:
12
321.477
Employees
as
peace
officers
——
maximum
age.
13
1.
The
department
may
designate
by
resolution
certain
of
its
14
employees
upon
each
of
whom
there
is
conferred
the
authority
15
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
16
but
not
limited
to
the
rules
and
regulations
of
the
department
17
investigate
and
enforce
all
of
the
following:
18
a.
Laws
relating
to
motor
vehicle
records,
documents,
19
credentials,
procedures,
and
revenues,
including
but
not
20
limited
to
crimes
and
abuse
of
authority
associated
with
21
fraud,
identity
theft,
vehicle
titles
and
registration,
dealer
22
licenses,
and
authorized
vehicle
recycler
licenses
.
23
b.
Laws
relating
to
motor
vehicle
fraud
including
but
not
24
limited
to
the
state
and
federal
odometer
laws,
including
as
25
provided
in
sections
307.37
and
321.71.
26
2.
Employees
designated
as
peace
officers
pursuant
to
this
27
section
shall
have
the
same
powers
conferred
by
law
on
peace
28
officers
for
the
enforcement
of
all
laws
of
this
state
and
the
29
apprehension
of
violators.
30
2.
Employees
designated
as
peace
officers
pursuant
to
this
31
section
who
are
assigned
to
the
supervision
of
the
highways
32
of
this
state
shall
spend
the
preponderance
of
their
time
33
conducting
enforcement
activities
that
assure
the
safe
and
34
lawful
movement
and
operation
of
commercial
motor
vehicles
and
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vehicles
transporting
loads,
including
but
not
limited
to
the
1
enforcement
of
motor
vehicle
laws
relating
to
the
operating
2
authority,
registration,
size,
weight,
and
load
of
motor
3
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
4
interstate
transportation
service
with
the
department.
5
3.
Employees
designated
as
peace
officers
pursuant
to
6
this
section
shall
not
exercise
the
general
powers
of
a
peace
7
officer
set
forth
in
this
section
within
the
limits
of
any
8
city,
except
as
follows:
9
a.
When
so
ordered
by
the
direction
of
the
governor.
10
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
11
approval
of
the
director.
12
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
13
any
county,
with
the
approval
of
the
director.
14
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
15
law
violations.
16
e.
While
making
any
inspection
provided
by
this
chapter
,
or
17
any
additional
inspection
ordered
by
the
director.
18
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
19
relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
20
drugs.
21
4.
The
limitations
specified
in
subsection
3
shall
in
no
22
way
be
construed
as
a
limitation
on
the
power
of
employees
23
designated
as
peace
officers
pursuant
to
this
section
when
a
24
public
offense
is
being
committed
in
their
presence.
25
5.
The
department
shall
submit
a
report
to
the
general
26
assembly
on
or
before
December
1
of
each
year
that
details
the
27
nature
and
scope
of
enforcement
activities
conducted
in
the
28
previous
fiscal
year
by
employees
designated
as
peace
officers
29
pursuant
to
this
section
who
are
assigned
to
the
supervision
30
of
the
highways
of
this
state.
The
report
shall
include
a
31
comparison
of
commercial
and
noncommercial
motor
vehicle
32
enforcement
activities
conducted
by
such
employees.
33
6.
4.
The
maximum
age
for
a
person
employed
as
a
peace
34
officer
pursuant
to
this
section
is
sixty-five
years
of
age.
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Sec.
17.
Section
321.481,
Code
2023,
is
amended
to
read
as
1
follows:
2
321.481
No
impairment
of
other
authority.
3
Nothing
in
sections
321.476
through
321.480
321.479
shall
be
4
so
construed
as
to
limit
or
impair
the
authority
or
duties
of
5
other
peace
officers
in
the
enforcement
of
the
motor
vehicle
6
laws
or
any
portion
thereof.
7
Sec.
18.
Section
325A.10,
Code
2023,
is
amended
to
read
as
8
follows:
9
325A.10
Rules
for
operation.
10
1.
The
department
shall
adopt
rules
pursuant
to
chapter
11
17A
as
necessary
to
govern
and
control
the
operation
,
and
12
maintenance
,
and
inspection
of
vehicles
covered
by
this
chapter
13
upon
the
highways.
14
2.
The
department
of
public
safety
shall
adopt
rules
15
pursuant
to
chapter
17A
as
necessary
to
govern
the
inspection
16
of
vehicles
covered
by
this
chapter
upon
the
highways.
17
Sec.
19.
Section
602.8108,
subsection
8,
Code
2023,
is
18
amended
to
read
as
follows:
19
8.
The
state
court
administrator
shall
allocate
all
of
the
20
fines
and
fees
attributable
to
commercial
vehicle
violation
21
citations
issued
by
motor
vehicle
division
personnel
of
22
the
state
department
of
transportation
public
safety
to
the
23
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
24
Sec.
20.
REPEAL.
2017
Iowa
Acts,
chapter
149,
section
4,
as
25
amended
by
2018
Iowa
Acts,
chapter
1170,
section
3,
2019
Iowa
26
Acts,
chapter
7,
section
1,
and
2022
Iowa
Acts,
chapter
1082,
27
section
1,
is
repealed.
28
Sec.
21.
REPEAL.
Sections
321.480
and
327B.2,
Code
2023,
29
are
repealed.
30
Sec.
22.
TRANSFERS.
31
1.
There
is
transferred
from
the
department
of
32
transportation’s
asset
forfeiture
fund
to
the
department
33
of
public
safety’s
asset
forfeiture
fund
the
amount
of
34
unencumbered
or
unobligated
moneys
remaining
in
the
department
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of
transportation’s
asset
forfeiture
fund.
1
2.
The
amount
transferred
pursuant
to
subsection
1
shall
be
2
used
in
compliance
with
applicable
law
for
costs
incurred
by
3
the
department
of
public
safety
for
the
transition
provided
for
4
in
this
Act.
5
3.
a.
The
Iowa
public
employees’
retirement
system
6
shall
perform
a
trustee-to-trustee
lump
sum
transfer
to
the
7
Iowa
department
of
public
safety
peace
officers’
retirement,
8
accident,
and
disability
system.
The
transfer
shall
include
an
9
amount
consisting
of
the
accumulated
contributions
by
members
10
transferred
to
the
peace
officers’
retirement,
accident,
and
11
disability
system
pursuant
to
this
Act
and
every
transferred
12
member’s
share
of
the
accumulated
employer
contributions
as
13
defined
in
section
97B.53.
The
transfer
shall
not
be
deemed
14
to
be
a
termination
of
a
member’s
plan
and
an
affected
member
15
shall
not
be
entitled
to
a
distribution
of
the
moneys
as
a
16
result
of
the
member’s
transfer.
17
b.
Upon
completion
of
the
transfer,
the
Iowa
department
18
of
public
safety
peace
officers’
retirement,
accident,
and
19
disability
system
shall
engage
an
actuary
to
determine
the
20
actuarial
cost
of
the
remaining
transfer.
For
purposes
of
this
21
paragraph,
“the
actuarial
cost
of
the
remaining
transfer”
is
an
22
amount
determined
by
the
peace
officers’
retirement,
accident,
23
and
disability
system
in
accordance
with
actuarial
tables
which
24
reflects
the
actuarial
cost
necessary
to
fund
the
increased
25
retirement
allowances
less
the
amount
transferred
by
the
Iowa
26
public
employees’
retirement
system.
27
c.
Once
the
transfer
is
completed,
the
transferred
members
28
shall
forfeit
all
rights,
including
service
credit
and
29
benefits,
under
chapter
97B;
shall
be
treated
as
members
under
30
chapter
97A;
and
shall
be
vested
in
a
benefit
under
chapter
97A
31
that
shall
not
be
less
than
the
benefit
to
which
the
member
was
32
entitled
under
chapter
97B
at
the
time
of
the
transfer.
33
Sec.
23.
TRANSITION
——
RULES.
34
1.
a.
Effective
July
1,
2023,
peace
officers
of
the
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department
of
public
safety
shall
assume
the
duties,
powers,
1
and
responsibilities
of
peace
officers
designated
by
the
2
department
of
transportation
under
section
321.477,
Code
3
2023,
who
are
assigned
to
the
supervision
of
the
highways
4
of
this
state.
On
or
before
July
1,
2023,
the
department
5
of
transportation
and
the
department
of
public
safety,
in
6
consultation
with
the
department
of
administrative
services,
7
shall
identify
and
transfer
affected
positions
and
incumbent
8
peace
officer
and
civilian
employees
from
the
department
of
9
transportation
to
the
department
of
public
safety.
Former
10
peace
officer
employees
of
the
department
of
transportation
11
who
are
covered
by
a
collective
bargaining
agreement
and
who
12
are
reassigned
shall
be
placed
in
an
existing
department
of
13
public
safety
peace
officer
classification
within
the
state
14
police
officers
council
bargaining
unit,
without
loss
of
15
seniority
or
loss
of
pay
accrued
while
serving
as
a
peace
16
officer.
Any
peace
officer
so
reassigned
shall
be
entitled
to
17
all
rights,
privileges,
and
benefits
of
the
peace
officer’s
new
18
classification,
including
longevity
pay
pursuant
to
section
19
80.6
as
calculated
based
upon
years
of
service
in
a
peace
20
officer
position,
within
the
state
police
officers
council
21
bargaining
unit
as
of
the
effective
date
of
the
employee’s
22
reassignment.
23
b.
The
department
of
public
safety
shall
honor
a
final
24
offer
of
employment
made
by
the
department
of
transportation
25
to
a
person
who
has
not
accepted
the
offer
by
July
1,
2023,
26
if
the
employment
offer
is
to
fill
a
position
that
will
be
27
transitioned
to
the
department
of
public
safety
under
this
28
Act.
Such
persons
shall
be
assigned
to
the
state
patrol
upon
29
completion
of
the
department
of
public
safety
academy
training,
30
and
are
entitled
to
all
rights,
privileges,
and
benefits
of
31
similarly
reassigned
positions
and
transitioned
incumbent
peace
32
officer
employees
from
the
department
of
transportation.
33
2.
On
or
before
July
1,
2023,
the
department
of
34
transportation
shall
provide
all
appropriate
documentation
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and
data
required
for
motor
carrier
safety
assistance
program
1
activities,
including
but
not
limited
to
those
relating
to
2
the
reimbursement
of
expenses,
for
reporting
purposes
to
the
3
department
of
public
safety,
and
any
other
documentation
and
4
data
required
by
the
department
of
public
safety
to
comply
with
5
federal
law
or
for
purposes
of
the
transition
provided
for
in
6
this
Act.
7
3.
On
or
before
July
1,
2023,
the
department
of
8
transportation
shall
cooperate
with
the
department
of
public
9
safety
to
ensure
the
department
of
public
safety
is
aware
of
10
the
rules
the
department
of
transportation
adopted
relating
11
to
administering
and
enforcing
commercial
motor
vehicle
12
violations.
The
department
of
public
safety
shall
inform
the
13
administrative
code
editor
of
the
applicable
rules
that
need
14
to
be
transferred.
Any
such
rule
adopted
by
the
department
of
15
transportation
shall
continue
in
full
force
and
effect
until
16
the
rule
is
transferred
to
the
department
of
public
safety.
17
Sec.
24.
REPORT
TO
GENERAL
ASSEMBLY.
The
department
18
of
public
safety,
in
consultation
with
the
department
of
19
transportation,
shall
submit
a
report
to
the
general
assembly
20
on
or
before
December
1,
2023,
regarding
the
transfer
of
21
peace
officers
from
the
department
of
transportation
to
the
22
department
of
public
safety
in
accordance
with
this
Act.
23
The
report
shall
include
but
is
not
limited
to
the
actual
24
expenditures
already
made
and
the
anticipated
remaining
25
expenditures
to
be
made
by
both
departments
to
complete
the
26
transition,
the
moneys
transferred
from
the
department
of
27
transportation’s
asset
forfeiture
fund
to
the
department
of
28
public
safety’s
asset
forfeiture
fund,
the
moneys
transferred
29
from
the
Iowa
public
employees’
retirement
system
to
the
30
Iowa
department
of
public
safety
peace
officers’
retirement,
31
accident,
and
disability
system,
and
any
equipment
costs
32
incurred
by
either
department
prior
to
the
reporting
date.
33
Sec.
25.
EFFECTIVE
DATE.
The
following,
being
deemed
of
34
immediate
importance,
take
effect
upon
enactment:
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1.
The
section
of
this
Act
repealing
2017
Iowa
Acts,
chapter
1
149,
section
4.
2
2.
The
section
of
this
Act
setting
forth
transition
3
provisions.
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
BACKGROUND.
Under
current
law,
the
department
of
public
8
safety
(DPS)
is
charged
with,
among
other
things,
preventing
9
crime
and
detecting
and
apprehending
criminals.
The
division
10
of
state
patrol
(state
patrol)
is
established
within
DPS.
The
11
state
patrol
is
required
to
enforce
the
provisions
of
Code
12
chapter
321
(motor
vehicles
and
law
of
the
road)
relating
13
to
traffic
on
public
highways,
including
those
relating
to
14
the
safe
and
legal
operation
of
passenger
cars,
motorcycles,
15
motor
trucks,
and
buses,
and
to
see
that
proper
safety
rules
16
are
observed.
In
addition,
the
state
patrol
must
investigate
17
and
assist
in
the
examination
and
identification
of
stolen,
18
altered,
or
forfeited
vehicles.
19
The
department
of
transportation
(DOT)
is
responsible
20
for
the
planning,
development,
regulation,
and
improvement
21
of
transportation
as
provided
by
law.
DOT
is
authorized
to
22
designate
certain
employees
as
peace
officers,
who
are
assigned
23
to
DOT’s
office
of
motor
vehicle
enforcement
(MVE).
MVE
24
officers
must
spend
the
preponderance
of
their
time
conducting
25
enforcement
activities
that
assure
the
safe
and
lawful
26
movement
and
operation
of
commercial
motor
vehicles
(CMVs)
and
27
vehicles
transporting
loads,
including
but
not
limited
to
the
28
enforcement
of
motor
vehicle
laws
relating
to
the
operating
29
authority,
registration,
size,
weight,
and
load
of
motor
30
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
31
interstate
transportation
service
with
DOT.
32
DOT
and
DPS
are
required
to
cooperate
to
ensure
the
proper
33
and
adequate
enforcement
of
the
provisions
of
Code
chapter
321.
34
TRANSITION
——
DOT
TO
DPS.
This
bill
provides
for
the
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transition
of
certain
MVE
employees
from
DOT
to
DPS.
1
Effective
July
1,
2023,
DPS
peace
officers
will
assume
the
2
responsibilities
and
duties
of
MVE
officers
so
transferred.
3
On
or
before
July
1,
2023,
DOT
and
DPS,
in
consultation
with
4
the
department
of
administrative
services,
must
identify
and
5
transfer
affected
positions
and
incumbent
civilian
and
MVE
6
officer
employees
from
DOT
to
DPS.
Transferred
MVE
peace
7
officers
will
become
peace
officers
in
the
state
patrol.
8
The
bill
transfers
to
the
state
patrol
responsibility
for,
9
among
other
duties,
conducting
enforcement
activities
that
10
ensure
the
safe
and
lawful
movement
and
operation
of
CMVs
11
and
vehicles
transporting
loads.
The
state
patrol
is
tasked
12
with
enforcing
motor
vehicle
laws
relating
to
the
operating
13
authority,
registration,
size,
weight,
and
load
of
motor
14
vehicles
and
trailers,
and
enforcing
applicable
rules
adopted
15
by
DOT
and
DPS.
16
The
bill
requires
DPS
to
adopt
rules
relating
to
(1)
the
17
enforcement
of
motor
vehicle
laws,
including
laws
governing
the
18
safe
movement
and
operation
of
CMVs
and
vehicles
transporting
19
loads
and
(2)
rules
regarding
enforcement
of
rules
for
20
transportation
of
hazardous
materials.
DPS
is
required
to
21
submit
a
report
annually
to
the
general
assembly
detailing
the
22
nature
and
scope
of
enforcement
activities
relating
to
CMVs.
23
DPS
is
also
required
to
submit
a
report
to
the
general
assembly
24
on
or
before
December
1,
2023,
regarding
the
progress
of
the
25
transitions
and
transfers
required
in
the
bill.
26
Under
current
law,
MVE
officers
are
authorized
to
enforce
27
federal
motor
carrier
safety
rules
adopted
by
DOT.
Pursuant
to
28
such
authorization,
MVE
officers
may
enter
a
motor
carrier’s
29
place
of
business
for
the
purpose
of
performing
a
motor
carrier
30
safety
audit
or
compliance
review.
An
MVE
officer
is
also
31
authorized
to
inspect
and
copy
motor
carrier
records
required
32
by
federal
law.
The
bill
authorizes
DPS
peace
officers
to
33
perform
a
safety
audit
or
compliance
review
or
inspect
motor
34
carrier
records.
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RETIREMENT
AND
LONGEVITY
PAY.
DOT
employees
are
members
1
of,
and
receive
benefits
from,
the
Iowa
public
employees’
2
retirement
system
(IPERS)
(Code
chapter
97B).
DPS
officers
3
are
members
of,
and
receive
benefits
from,
the
peace
officers’
4
retirement,
accident,
and
disability
system
(Code
chapter
97A).
5
Under
the
bill,
a
transferred
MVE
officer
who
has
10
or
more
6
years
of
membership
service
in
IPERS
on
July
1,
2023,
will
7
remain
a
member
of
IPERS
and
will
continue
to
be
considered
8
an
employee
in
a
protection
occupation.
A
transferred
MVE
9
officer
who
has
fewer
than
10
years
of
membership
service
in
10
IPERS
will
become
a
member
of
the
peace
officers’
retirement,
11
accident,
and
disability
system.
A
person
who
is
employed
12
by
DOT
and
retains
limited
authority
of
a
peace
officer
13
pursuant
to
the
bill
remains
a
member
of
IPERS
and
continues
14
to
be
considered
an
employee
in
a
protection
occupation.
A
15
transferred
MVE
officer
retains
all
rights
to
longevity
pay.
16
REMAINING
DOT
OFFICERS.
The
bill
authorizes
DOT
to
17
designate
certain
employees
who
have
limited
authority
as
18
peace
officers.
The
limited
authority
includes
the
ability
to
19
investigate
and
enforce
laws
relating
to
motor
vehicle
records,
20
documents,
credentials,
procedures,
and
revenues,
including
21
but
not
limited
to
crimes
and
abuse
of
authority
associated
22
with
fraud,
identity
theft,
vehicle
titles
and
registration,
23
dealer
licenses,
and
authorized
vehicle
recycler
licenses;
and
24
relating
to
motor
vehicle
fraud
including
but
not
limited
to
25
state
and
federal
odometer
laws.
26
FINES
——
ROAD
USE
TAX
FUND.
The
bill
requires
the
state
27
court
administrator
to
allocate
all
of
the
fines
and
fees
28
attributable
to
CMV
citations
issued
by
DPS,
rather
than
DOT,
29
to
the
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
30
Under
current
law,
moneys
credited
to
the
road
use
tax
fund
are
31
prohibited
from
being
appropriated
for
the
payment
of
salaries,
32
support,
or
maintenance
of
any
personnel
in
DPS
(Code
section
33
312.9).
The
bill
does
not
modify
this
prohibition.
34
MISCELLANEOUS.
The
bill
makes
corresponding
changes
35
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15
S.F.
513
throughout
the
Code,
transfers
remaining
moneys
from
DOT’s
1
asset
forfeiture
fund
to
DPS’s
asset
forfeiture
fund
to
be
2
used
in
compliance
with
applicable
law,
provides
for
a
lump
3
sum
transfer
from
IPERS
to
the
peace
officers’
retirement,
4
accident,
and
disability
system,
requires
DPS
to
honor
certain
5
employment
offers
by
DOT,
provides
for
transition
provisions
6
including
the
transfer
of
applicable
documentation
and
data,
7
and
allows
for
the
transfer
of
administrative
rules
from
DOT
8
to
DPS.
9
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(3)
90
th/ns
15/
15