Senate File 513 - Reprinted SENATE FILE 513 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1175) (As Amended and Passed by the Senate March 15, 2023 ) 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 SF 513 (4) 90 th/ns/mb
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 shall 19 adopt, after consultation with the department of natural 20 resources and the department of transportation, rules relating 21 to enforcement of the rules regarding transportation of 22 hazardous wastes adopted by the department of natural resources 23 and the department of transportation. The state patrol shall 24 carry out the enforcement of the rules, in accordance with 25 state law. 26 NEW SUBSECTION . 11. The department shall submit a report to 27 the general assembly on or before December 1 of each year that 28 details the nature and scope of enforcement activities that 29 ensure the safe and lawful movement and operation of commercial 30 motor vehicles and vehicles transporting loads conducted by 31 members of the state patrol assigned to such enforcement 32 activities in the previous year. The report shall include 33 a comparison of commercial and noncommercial motor vehicle 34 enforcement activities conducted by such members of the state 35 -1- SF 513 (4) 90 th/ns/mb 1/ 12
S.F. 513 patrol. 1 Sec. 3. Section 80B.6, subsection 1, paragraph k, Code 2023, 2 is amended to read as follows: 3 k. A member of the office of motor vehicle enforcement of 4 the department of transportation involved with the enforcement 5 activities set forth in section 321.477 . 6 Sec. 4. Section 97B.42B, Code 2023, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4A. a. Commencing July 1, 2023, a 9 person who is a designated peace officer in the department of 10 transportation under section 321.477, Code 2023, as of June 30, 11 2023, who has fewer than ten years of membership service, and 12 who is transferred to the department of public safety pursuant 13 to this Act, shall be a member of the Iowa department of public 14 safety peace officers retirement, accident, and disability 15 system established in chapter 97A. 16 b. Commencing July 1, 2023, a person who is a designated 17 peace officer in the department of transportation under section 18 321.477, Code 2023, as of June 30, 2023, who has ten or more 19 years of membership service, and who is transferred to the 20 department of public safety pursuant to this Act, shall remain 21 a member of the Iowa public employees retirement system. 22 Sec. 5. Section 97B.49B, subsection 1, paragraph e, 23 subparagraph (5), Code 2023, is amended to read as follows: 24 (5) (a) An employee of the state department of 25 transportation who is designated as a peace officer by 26 resolution under section 321.477 , but only if the employee 27 retires on or after July 1, 1990. For purposes of this 28 subparagraph, service as a traffic weight officer employed 29 by the highway commission prior to the creation of the state 30 department of transportation or as a peace officer employed by 31 the Iowa state commerce commission prior to the creation of 32 the state department of transportation shall be included in 33 computing the employees years of membership service. 34 (b) An employee of the department of public safety described 35 -2- SF 513 (4) 90 th/ns/mb 2/ 12
S.F. 513 in section 97B.42B, subsection 4A, paragraph b . 1 Sec. 6. Section 152C.5B, subsection 1, paragraph b, 2 subparagraph (5), Code 2023, is amended by striking the 3 subparagraph. 4 Sec. 7. Section 157.4A, subsection 1, paragraph b, 5 subparagraph (5), Code 2023, is amended by striking the 6 subparagraph. 7 Sec. 8. Section 307.12, subsection 1, paragraph n, Code 8 2023, is amended by striking the paragraph. 9 Sec. 9. Section 307.48, Code 2023, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. An employee of the office of motor 12 vehicle enforcement of the department of transportation on June 13 30, 2023, who is transferred to the department of public safety 14 pursuant to this Act, retains all rights to longevity pay. 15 Sec. 10. Section 321.2, subsection 2, Code 2023, is amended 16 to read as follows: 17 2. The division of state patrol of the department of public 18 safety shall enforce the provisions of this chapter relating to 19 traffic on the public highways of the state, including those 20 relating to the safe and legal operation of passenger cars, 21 motorcycles, motor trucks , and buses, and other commercial 22 motor vehicles, and to see that proper safety rules are 23 observed. 24 Sec. 11. Section 321.266, subsection 4, Code 2023, is 25 amended to read as follows: 26 4. Notwithstanding section 455B.386 , a carrier transporting 27 hazardous material upon a public highway in this state, in 28 the case of an accident involving the transportation of the 29 hazardous material, shall immediately notify the police radio 30 broadcasting system established pursuant to section 693.1 or 31 shall notify a peace officer of the county or city in which 32 the accident occurs. When a local law enforcement agency is 33 informed of the accident, the agency shall notify the state 34 patrol and the state department of transportation office of 35 -3- SF 513 (4) 90 th/ns/mb 3/ 12
S.F. 513 motor vehicle enforcement . A person who violates a provision 1 of this subsection is guilty of a serious misdemeanor. 2 Sec. 12. Section 321.449, subsection 1, paragraphs a and b, 3 Code 2023, are amended to read as follows: 4 a. A person shall not operate a commercial vehicle on the 5 highways of this state except in compliance with rules adopted 6 by the department of public safety, in consultation with the 7 department of transportation, under chapter 17A . The rules 8 shall be consistent with the federal motor carrier safety 9 regulations promulgated under United States Code, Tit. 49, 10 and found in 49 C.F.R. pts. 385, 390 399 and adopted under 11 chapter 17A . 12 b. The department of public safety, in consultation with the 13 department of transportation, shall also adopt rules concerning 14 hours of service for drivers of vehicles operated for hire 15 and designed to transport seven or more persons, including 16 the driver. The rules shall not apply to vehicles offered to 17 the public for hire that are used principally in intracity 18 operation and that are regulated by local authorities pursuant 19 to section 321.236 . 20 Sec. 13. Section 321.449, subsection 4, paragraph c, Code 21 2023, is amended to read as follows: 22 c. A driver or a driver-salesperson for a private carrier, 23 who is not for hire and who is engaged exclusively in 24 intrastate commerce, may drive twelve hours, be on duty sixteen 25 hours in a twenty-four-hour period, and be on duty seventy 26 hours in seven consecutive days or eighty hours in eight 27 consecutive days. A driver-salesperson means as defined in 49 28 C.F.R. 395.2, as adopted by the department of public safety 29 by rule. 30 Sec. 14. Section 321.449, subsection 8, Code 2023, is 31 amended to read as follows: 32 8. In the course of enforcing the motor carrier safety 33 rules adopted by the department of public safety under chapter 34 17A , the departments department of public safetys peace 35 -4- SF 513 (4) 90 th/ns/mb 4/ 12
S.F. 513 officers are authorized, at reasonable times and places and 1 with reasonable notice, to enter a motor carriers place of 2 business for the purpose of performing a motor carrier safety 3 audit or compliance review. Nothing in this subsection by 4 itself permits the seizure of the property of a motor carrier. 5 Any audit or review shall be conducted in compliance with the 6 federal motor carrier safety regulations in 49 C.F.R. pts. 105 7 185, 382, 383, 385, and 390 399. A peace officer of the 8 department of public safety is authorized to inspect and copy 9 motor carrier records required by 49 C.F.R. pts. 105 185, 10 382, 383, 385, and 390 399. 11 Sec. 15. Section 321.449B, subsection 1, Code 2023, is 12 amended to read as follows: 13 1. a. A person subject to rules adopted by the department 14 of public safety pursuant to section 321.449 shall not 15 operate a commercial motor vehicle while engaged in texting as 16 prohibited by 49 C.F.R. 392.80 , except in an emergency or as 17 otherwise permitted under 49 C.F.R. 392.80 . 18 b. A person subject to rules adopted by the department of 19 public safety pursuant to section 321.449 shall not operate 20 a commercial motor vehicle while using a hand-held mobile 21 telephone as prohibited by 49 C.F.R. 392.82 , except in an 22 emergency or as otherwise permitted under 49 C.F.R. 392.82 . 23 Sec. 16. Section 321.450, subsection 1, Code 2023, is 24 amended to read as follows: 25 1. A person shall not transport or have transported or 26 shipped within this state any hazardous material except in 27 compliance with rules adopted by the department of public 28 safety under chapter 17A . The rules shall be consistent with 29 the federal hazardous materials regulations adopted under 30 United States Code, Tit. 49, and found in 49 C.F.R. pts. 107, 31 171 to 173, 177, 178, and 180. 32 Sec. 17. Section 321.463, subsection 5, paragraph b, Code 33 2023, is amended to read as follows: 34 b. Notwithstanding any provision of law to the contrary, 35 -5- SF 513 (4) 90 th/ns/mb 5/ 12
S.F. 513 a motor vehicle described in paragraph a equipped with an 1 auxiliary power or idle reduction technology unit that reduces 2 fuel use and emissions during engine idling may exceed any 3 applicable maximum gross weight limit under this chapter by 4 five hundred fifty pounds or the weight of the auxiliary power 5 or idle reduction technology unit, whichever is less. This 6 paragraph b shall does not apply unless the operator of 7 the vehicle provides to the department of public safety a 8 written certification of the weight of the auxiliary power 9 or idle reduction technology unit, demonstrates or certifies 10 to the department of public safety that the idle reduction 11 technology unit is fully functional at all times, and carries 12 with the operator the written certification of the weight of 13 the auxiliary power or idle reduction technology unit in the 14 vehicle at all times to present to law enforcement in the event 15 the vehicle is suspected of violating any applicable weight 16 restrictions. 17 Sec. 18. Section 321.476, subsection 1, Code 2023, is 18 amended to read as follows: 19 1. a. Authority is hereby given to the A member of the 20 state patrol of the department to stop of public safety is 21 authorized to do any of the following: 22 a. Stop any motor vehicle or trailer on the highways for the 23 purposes of weighing and inspection, to weigh and inspect the 24 same and to enforce the provisions of the motor vehicle laws 25 relating to the registration, size, weight, and load of motor 26 vehicles and trailers. 27 b. Authority is also hereby granted to subject to weighing 28 and inspection, Weigh and inspect vehicles which have moved 29 from a highway onto private property under circumstances which 30 indicate that the load of the vehicle, if any, is substantially 31 the same as the load which the vehicle carried before moving 32 onto the private property. 33 Sec. 19. Section 321.477, Code 2023, is amended to read as 34 follows: 35 -6- SF 513 (4) 90 th/ns/mb 6/ 12
S.F. 513 321.477 Employees as peace officers maximum age. 1 1. The department may designate by resolution certain of its 2 employees upon each of whom there is conferred the authority 3 of a peace officer to enforce all laws of the state including 4 but not limited to the rules and regulations of the department 5 investigate and enforce all of the following: 6 a. Laws relating to motor vehicle records, documents, 7 credentials, procedures, and revenues, including but not 8 limited to crimes and abuse of authority associated with 9 fraud, identity theft, vehicle titles and registration, dealer 10 licenses, and authorized vehicle recycler licenses . 11 b. Laws relating to motor vehicle fraud including but not 12 limited to the state and federal odometer laws, including as 13 provided in sections 307.37 and 321.71. 14 2. Employees designated as peace officers pursuant to this 15 section shall have the same powers conferred by law on peace 16 officers for the enforcement of all laws of this state use 17 of force in emergent circumstances and the apprehension of 18 violators. 19 2. Employees designated as peace officers pursuant to this 20 section who are assigned to the supervision of the highways 21 of this state shall spend the preponderance of their time 22 conducting enforcement activities that assure the safe and 23 lawful movement and operation of commercial motor vehicles 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 carriers 28 interstate transportation service with the department. 29 3. Employees designated as peace officers pursuant to 30 this section shall not exercise the general powers of a peace 31 officer set forth in this section within the limits of any 32 city, except as follows: 33 a. When so ordered by the direction of the governor. 34 b. When request is made by the mayor of any city, with the 35 -7- SF 513 (4) 90 th/ns/mb 7/ 12
S.F. 513 approval of the director. 1 c. When request is made by the sheriff or county attorney of 2 any county, with the approval of the director. 3 d. While in the pursuit of law violators or in investigating 4 law violations. 5 e. While making any inspection provided by this chapter , or 6 any additional inspection ordered by the director. 7 f. When engaged in the investigation and enforcement of laws 8 relating to narcotic, counterfeit, stimulant, and depressant 9 drugs. 10 4. The limitations specified in subsection 3 shall in no way 11 be construed as a limitation on the power ability of employees 12 designated as peace officers pursuant to this section when a 13 public offense is being committed in their presence to use 14 force in defense of life or property . 15 5. The department shall submit a report to the general 16 assembly on or before December 1 of each year that details the 17 nature and scope of enforcement activities conducted in the 18 previous fiscal year by employees designated as peace officers 19 pursuant to this section who are assigned to the supervision 20 of the highways of this state. The report shall include a 21 comparison of commercial and noncommercial motor vehicle 22 enforcement activities conducted by such employees. 23 6. 5. The maximum age for a person employed as a peace 24 officer pursuant to this section is sixty-five years of age. 25 Sec. 20. Section 321.481, Code 2023, is amended to read as 26 follows: 27 321.481 No impairment of other authority. 28 Nothing in sections 321.476 through 321.480 321.479 shall be 29 so construed as to limit or impair the authority or duties of 30 other peace officers in the enforcement of the motor vehicle 31 laws or any portion thereof. 32 Sec. 21. Section 325A.10, Code 2023, is amended to read as 33 follows: 34 325A.10 Rules for operation. 35 -8- SF 513 (4) 90 th/ns/mb 8/ 12
S.F. 513 The department of public safety, in consultation with the 1 department of transportation, shall adopt rules pursuant to 2 chapter 17A as necessary to govern and control the operation, 3 maintenance, and inspection of vehicles covered by this chapter 4 upon the highways. 5 Sec. 22. Section 602.8108, subsection 8, Code 2023, is 6 amended to read as follows: 7 8. The state court administrator shall allocate all of the 8 fines and fees attributable to commercial vehicle violation 9 citations issued by motor vehicle division personnel of 10 the state department of transportation public safety to the 11 treasurer of state for deposit in the road use tax fund. 12 Sec. 23. REPEAL. 2017 Iowa Acts, chapter 149, section 4, as 13 amended by 2018 Iowa Acts, chapter 1170, section 3, 2019 Iowa 14 Acts, chapter 7, section 1, and 2022 Iowa Acts, chapter 1082, 15 section 1, is repealed. 16 Sec. 24. REPEAL. Sections 321.480 and 327B.2, Code 2023, 17 are repealed. 18 Sec. 25. TRANSFERS. 19 1. There is transferred from the department of 20 transportations asset forfeiture fund to the department 21 of public safetys asset forfeiture fund the amount of 22 unencumbered or unobligated moneys remaining in the department 23 of transportations asset forfeiture fund. 24 2. a. The Iowa public employees retirement system 25 shall perform a trustee-to-trustee lump sum transfer to the 26 Iowa department of public safety peace officers retirement, 27 accident, and disability system. The transfer shall include an 28 amount consisting of the accumulated contributions by members 29 transferred to the peace officers retirement, accident, and 30 disability system pursuant to this Act and every transferred 31 members share of the accumulated employer contributions as 32 defined in section 97B.53. The transfer shall not be deemed 33 to be a termination of a members plan and an affected member 34 shall not be entitled to a distribution of the moneys as a 35 -9- SF 513 (4) 90 th/ns/mb 9/ 12
S.F. 513 result of the members transfer. 1 b. Upon completion of the transfer, the Iowa department 2 of public safety peace officers retirement, accident, and 3 disability system shall engage an actuary to determine the 4 actuarial cost of the remaining transfer. For purposes of this 5 paragraph, the actuarial cost of the remaining transfer is an 6 amount determined by the peace officers retirement, accident, 7 and disability system in accordance with actuarial tables which 8 reflects the actuarial cost necessary to fund the increased 9 retirement allowances less the amount transferred by the Iowa 10 public employees retirement system. 11 c. Once the transfer is completed, the transferred members 12 shall forfeit all rights, including service credit and 13 benefits, under chapter 97B; shall be treated as members under 14 chapter 97A; and shall be vested in a benefit under chapter 97A 15 that shall not be less than the benefit to which the member was 16 entitled under chapter 97B at the time of the transfer. 17 Sec. 26. TRANSITION RULES. 18 1. a. Effective July 1, 2023, peace officers of the 19 department of public safety shall assume the duties, powers, 20 and responsibilities of peace officers designated by the 21 department of transportation under section 321.477, Code 22 2023, who are assigned to the supervision of the highways 23 of this state. On or before July 1, 2023, the department 24 of transportation and the department of public safety, in 25 consultation with the department of administrative services, 26 shall identify and transfer affected positions and incumbent 27 peace officer and civilian employees from the department of 28 transportation to the department of public safety. Former 29 peace officer employees of the department of transportation 30 who are covered by a collective bargaining agreement and who 31 are reassigned shall be placed in an existing department of 32 public safety peace officer classification within the state 33 police officers council bargaining unit, without loss of 34 seniority or loss of pay accrued while serving as a peace 35 -10- SF 513 (4) 90 th/ns/mb 10/ 12
S.F. 513 officer. Any peace officer so reassigned shall be entitled to 1 all rights, privileges, and benefits of the peace officers new 2 classification, including longevity pay pursuant to section 3 80.6 as calculated based upon years of service in a peace 4 officer position, within the state police officers council 5 bargaining unit as of the effective date of the employees 6 reassignment. 7 b. The department of public safety shall honor a final 8 offer of employment made by the department of transportation 9 to a person who has not accepted the offer by July 1, 2023, 10 if the employment offer is to fill a position that will be 11 transitioned to the department of public safety under this 12 Act. Such persons shall be assigned to the state patrol upon 13 completion of the department of public safety academy training, 14 and are entitled to all rights, privileges, and benefits of 15 similarly reassigned positions and transitioned incumbent peace 16 officer employees from the department of transportation. 17 2. On or before July 1, 2023, the department of 18 transportation shall provide all appropriate documentation 19 and data required for motor carrier safety assistance program 20 activities, including but not limited to those relating to 21 the reimbursement of expenses, for reporting purposes to the 22 department of public safety, and any other documentation and 23 data required by the department of public safety to comply with 24 federal law or for purposes of the transition provided for in 25 this Act. 26 3. On or before July 1, 2023, the department of 27 transportation shall cooperate with the department of public 28 safety to ensure the department of public safety is aware of 29 the rules the department of transportation adopted relating 30 to administering and enforcing commercial motor vehicle 31 violations. The department of public safety shall inform the 32 administrative code editor of the applicable rules that need 33 to be transferred. Any such rule adopted by the department of 34 transportation shall continue in full force and effect until 35 -11- SF 513 (4) 90 th/ns/mb 11/ 12
S.F. 513 the rule is transferred to the department of public safety. 1 Sec. 27. REPORT TO GENERAL ASSEMBLY. The department 2 of public safety, in consultation with the department of 3 transportation, shall submit a report to the general assembly 4 on or before December 1, 2023, regarding the transfer of 5 peace officers from the department of transportation to the 6 department of public safety in accordance with this Act. 7 The report shall include but is not limited to the actual 8 expenditures already made and the anticipated remaining 9 expenditures to be made by both departments to complete the 10 transition, the moneys transferred from the department of 11 transportations asset forfeiture fund to the department of 12 public safetys asset forfeiture fund, the moneys transferred 13 from the Iowa public employees retirement system to the 14 Iowa department of public safety peace officers retirement, 15 accident, and disability system, and any equipment costs 16 incurred by either department prior to the reporting date. 17 Sec. 28. EFFECTIVE DATE. The following, being deemed of 18 immediate importance, take effect upon enactment: 19 1. The section of this Act repealing 2017 Iowa Acts, chapter 20 149, section 4. 21 2. The section of this Act setting forth transition 22 provisions. 23 -12- SF 513 (4) 90 th/ns/mb 12/ 12