Senate
Study
Bill
1001
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
maximum
age
of
certain
fire
fighters
and
1
peace
officers,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.477,
subsection
6,
Code
2023,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
330A.8,
subsection
16,
Code
2023,
is
amended
3
to
read
as
follows:
4
16.
To
designate
employees
upon
whom
are
conferred
all
the
5
powers
of
a
peace
officer
as
defined
in
section
801.4
.
The
6
maximum
age
for
a
person
designated
as
a
peace
officer
pursuant
7
to
this
subsection
is
sixty-five
years
of
age.
8
Sec.
3.
Section
331.903,
subsection
6,
Code
2023,
is
amended
9
by
striking
the
subsection.
10
Sec.
4.
Section
362.10,
Code
2023,
is
amended
by
striking
11
the
section
and
inserting
in
lieu
thereof
the
following:
12
362.10
Police
officers
and
fire
fighters.
13
A
city
may
establish
a
maximum
employment
age
for
a
police
14
officer,
marshal,
or
fire
fighter
employed
for
police
duty
or
15
the
duty
of
fighting
fires,
but
such
age
limit
shall
not
be
16
less
than
sixty-five
years
of
age.
17
Sec.
5.
Section
400.17,
subsection
4,
Code
2023,
is
amended
18
to
read
as
follows:
19
4.
A
person
shall
not
be
appointed,
denied
appointment,
20
promoted,
removed,
discharged,
suspended,
or
demoted
to
or
21
from
a
civil
service
position
or
in
any
other
way
favored
or
22
discriminated
against
in
that
position
because
of
political
23
or
religious
opinions
or
affiliations,
race,
national
origin,
24
sex,
or
age,
or
in
retaliation
for
the
exercise
of
any
right
25
enumerated
in
this
chapter
.
However,
the
maximum
age
for
a
26
police
officer
or
fire
fighter
covered
by
this
chapter
and
27
employed
for
police
duty
or
the
duty
of
fighting
fires
is
28
sixty-five
years
of
age.
29
Sec.
6.
Section
456A.13,
Code
2023,
is
amended
to
read
as
30
follows:
31
456A.13
Officers
and
employees
——
peace
officer
status.
32
The
director
shall
employ
the
number
of
assistants,
33
including
a
professionally
trained
state
forester,
that
are
34
necessary
to
carry
out
the
duties
imposed
on
the
commission;
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and,
under
the
same
conditions,
the
director
shall
appoint
the
1
number
of
full-time
officers
and
supervisory
personnel
that
2
are
necessary
to
enforce
all
laws
of
the
state
and
rules
and
3
regulations
of
the
commission.
The
full-time
officers
and
4
supervisory
personnel
have
the
same
powers
that
are
conferred
5
by
law
on
peace
officers
in
the
enforcement
of
all
laws
of
the
6
state
of
Iowa
and
the
apprehension
of
violators.
A
person
7
appointed
as
a
full-time
officer
shall
be
at
least
twenty-one
8
years
of
age
on
the
date
of
appointment
and
shall
not
be
9
employed
as
a
full-time
officer
after
attaining
the
age
of
10
sixty-five
.
“Full-time
officer”
means
any
person
appointed
by
11
the
director
to
enforce
the
laws
of
this
state.
12
Sec.
7.
REPEAL.
Sections
29.2A
and
80.36,
Code
2023,
are
13
repealed.
14
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
15
importance,
takes
effect
upon
enactment.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
eliminates
the
maximum
employment
age
of
65
20
years
for
an
airport
fire
fighter,
a
peace
officer
in
the
21
department
of
public
safety,
a
peace
officer
in
the
department
22
of
transportation,
a
peace
officer
for
an
aviation
authority,
a
23
peace
officer
in
the
department
of
natural
resources,
a
deputy
24
county
sheriff,
and
a
city
police
officer,
marshal,
or
fire
25
fighter.
The
bill
authorizes
a
city
to
establish
a
maximum
26
employment
age
of
65
years
or
higher
for
a
police
officer,
27
marshal,
or
fire
fighter
and
does
not
otherwise
prohibit
any
28
entity
employing
law
enforcement
officers
or
fire
fighters
from
29
implementing
intra-agency
age
limits.
30
Code
chapter
400
provides
employment
guidelines
for
certain
31
civil
service
positions,
including
certain
police
officers
and
32
fire
fighters.
Under
current
law,
the
Code
chapter
applies
33
only
to
police
officers
and
fire
fighters
who
are
under
65
34
years
of
age.
The
bill
strikes
the
age
limitation.
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The
bill
takes
effect
upon
enactment.
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