Senate File 2326 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON
                                     TRANSPORTATION

                                 (SUCCESSOR TO SSB
                                     3192)

                                      A BILL FOR

  1 An Act relating to the coordination of enforcement activities
  2    between the department of transportation and the department
  3    of public safety, including provisions relating to
  4    department of transportation employees designated as peace
  5    officers, and including effective date provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.477, subsection 1, Code 2018, is
  1  2 amended to read as follows:
  1  3    1.  The department may designate by resolution certain of its
  1  4 employees upon each of whom there is conferred the authority
  1  5 of a peace officer to enforce all laws of the state including
  1  6 but not limited to the rules and regulations of the department.
  1  7 Employees designated as peace officers pursuant to this
  1  8 section shall have the same powers, duties, privileges, and
  1  9 immunities conferred by law on peace officers for relating to
  1 10  the enforcement of all laws of this state and the apprehension
  1 11 of violators.
  1 12    Sec. 2.  Section 321.477, Code 2018, is amended by adding the
  1 13 following new subsection:
  1 14    NEW SUBSECTION.  5A.  The department and the department
  1 15 of public safety shall coordinate to provide effective and
  1 16 efficient enforcement of all laws of the state, including any
  1 17 related regulatory actions.
  1 18    Sec. 3.  REPEAL.  2017 Iowa Acts, chapter 149, section 4, is
  1 19 repealed.
  1 20    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate
  1 21 importance, takes effect upon enactment.
  1 22                           EXPLANATION
  1 23 The inclusion of this explanation does not constitute agreement with
  1 24 the explanation's substance by the members of the general assembly.
  1 25    Under current law, the department of transportation (DOT)
  1 26 is authorized to designate by resolution certain of its
  1 27 employees upon each of whom there is conferred the authority
  1 28 of a peace officer to enforce all laws of the state including
  1 29 but not limited to the rules and regulations of the DOT.
  1 30 Employees designated as peace officers in this manner have
  1 31 the same powers conferred by law on peace officers for the
  1 32 enforcement of all laws of this state and the apprehension
  1 33 of violators. This bill amends current law to specify that
  1 34 employees designated as peace officers in this manner have the
  1 35 same powers, duties, privileges, and immunities conferred by
  2  1 law on peace officers relating to the enforcement of all laws
  2  2 of this state and the apprehension of violators.
  2  3    The bill provides that the DOT and the department of public
  2  4 safety are required to coordinate to provide effective and
  2  5 efficient enforcement of all laws of the state, including any
  2  6 related regulatory actions.
  2  7    In 2017, the general assembly amended Code section 321.477
  2  8 to specify the powers, duties, and limitations of such
  2  9 employees. Under the terms of the legislation, the amended
  2 10 language is set to be repealed effective July 1, 2018. Because
  2 11 the bill amends language enacted in 2017, the bill repeals the
  2 12 future repeal provision. The bill takes effect upon enactment.
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