Senate Study Bill 1175 - 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 employees 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 departments department of public safetys peace 22 officers are authorized, at reasonable times and places and 23 with reasonable notice, to enter a motor carriers 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 carriers 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 transportations asset forfeiture fund to the general fund 8 of the state the amount of unencumbered or unobligated 9 moneys remaining in the department of transportations 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 members 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 members plan and an affected member 28 shall not be entitled to a distribution of the moneys as a 29 result of the members 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 officers 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 employees 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 explanations 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 DOTs 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 carriers 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 carriers 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 DOTs 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