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 TLSB 1473SV (3) 90 th/ns
S.F. 513 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 -1- LSB 1473SV (3) 90 th/ns 1/ 15
S.F. 513 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 35 -2- LSB 1473SV (3) 90 th/ns 2/ 15
S.F. 513 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 employees 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 -3- LSB 1473SV (3) 90 th/ns 3/ 15
S.F. 513 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 departments department of public safetys peace 23 officers are authorized, at reasonable times and places and 24 with reasonable notice, to enter a motor carriers 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 35 -4- LSB 1473SV (3) 90 th/ns 4/ 15
S.F. 513 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 35 -5- LSB 1473SV (3) 90 th/ns 5/ 15
S.F. 513 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 35 -6- LSB 1473SV (3) 90 th/ns 6/ 15
S.F. 513 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 carriers 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. 35 -7- LSB 1473SV (3) 90 th/ns 7/ 15
S.F. 513 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 transportations asset forfeiture fund to the department 33 of public safetys asset forfeiture fund the amount of 34 unencumbered or unobligated moneys remaining in the department 35 -8- LSB 1473SV (3) 90 th/ns 8/ 15
S.F. 513 of transportations 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 members 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 members plan and an affected member 15 shall not be entitled to a distribution of the moneys as a 16 result of the members 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 35 -9- LSB 1473SV (3) 90 th/ns 9/ 15
S.F. 513 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 officers 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 employees 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 35 -10- LSB 1473SV (3) 90 th/ns 10/ 15
S.F. 513 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 transportations asset forfeiture fund to the department of 28 public safetys 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: 35 -11- LSB 1473SV (3) 90 th/ns 11/ 15
S.F. 513 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 explanations 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 DOTs 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 carriers 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 35 -12- LSB 1473SV (3) 90 th/ns 12/ 15
S.F. 513 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 carriers 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. 35 -13- LSB 1473SV (3) 90 th/ns 13/ 15
S.F. 513 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 -14- LSB 1473SV (3) 90 th/ns 14/ 15
S.F. 513 throughout the Code, transfers remaining moneys from DOTs 1 asset forfeiture fund to DPSs 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 -15- LSB 1473SV (3) 90 th/ns 15/ 15