Bill Text: IA SSB3192 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the coordination of enforcement activities between the department of transportation and the department of public safety, including provisions relating to department of transportation employees designated as peace officers, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-14 - Subcommittee recommends amendment and passage. [SSB3192 Detail]
Download: Iowa-2017-SSB3192-Introduced.html
Senate
Study
Bill
3192
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
KAPUCIAN)
A
BILL
FOR
An
Act
relating
to
the
coordination
of
enforcement
activities
1
between
the
department
of
transportation
and
the
department
2
of
public
safety,
including
provisions
relating
to
3
department
of
transportation
employees
designated
as
peace
4
officers,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
321.477,
Code
2018,
is
amended
to
read
1
as
follows:
2
321.477
Employees
as
peace
officers
——
maximum
age.
3
1.
The
department
may
designate
by
resolution
certain
of
its
4
employees
upon
each
of
whom
there
is
conferred
the
authority
5
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
6
but
not
limited
to
the
rules
and
regulations
of
the
department.
7
Employees
designated
as
peace
officers
pursuant
to
this
8
section
shall
have
the
same
powers
,
duties,
privileges,
and
9
immunities
conferred
by
law
on
peace
officers
for
relating
to
10
the
enforcement
of
all
laws
of
this
state
and
the
apprehension
11
of
violators.
12
2.
Employees
designated
as
peace
officers
pursuant
to
this
13
section
who
are
assigned
to
the
supervision
of
the
highways
14
of
this
state
shall
spend
the
preponderance
of
their
time
15
conducting
enforcement
activities
that
assure
the
safe
and
16
lawful
movement
and
operation
of
commercial
motor
vehicles
and
17
vehicles
transporting
loads,
including
but
not
limited
to
the
18
enforcement
of
motor
vehicle
laws
relating
to
the
operating
19
authority,
registration,
size,
weight,
and
load
of
motor
20
vehicles
and
trailers,
and
registration
of
a
motor
carrier’s
21
interstate
transportation
service
with
the
department.
22
3.
Employees
designated
as
peace
officers
pursuant
to
23
this
section
shall
not
exercise
the
general
powers
of
a
peace
24
officer
within
the
limits
of
any
city,
except
as
follows:
25
a.
When
so
ordered
by
the
direction
of
the
governor.
26
b.
When
request
is
made
by
the
mayor
of
any
city,
with
the
27
approval
of
the
director.
28
c.
When
request
is
made
by
the
sheriff
or
county
attorney
of
29
any
county,
with
the
approval
of
the
director.
30
d.
While
in
the
pursuit
of
law
violators
or
in
investigating
31
law
violations.
32
e.
While
making
any
inspection
provided
by
this
chapter
,
or
33
any
additional
inspection
ordered
by
the
director.
34
f.
When
engaged
in
the
investigation
and
enforcement
of
laws
35
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relating
to
narcotic,
counterfeit,
stimulant,
and
depressant
1
drugs.
2
4.
The
limitations
specified
in
subsection
3
shall
in
no
3
way
be
construed
as
a
limitation
on
the
power
of
employees
4
designated
as
peace
officers
pursuant
to
this
section
when
a
5
public
offense
is
being
committed
in
their
presence.
6
5.
3.
The
department
shall
submit
a
report
to
the
general
7
assembly
on
or
before
December
1
of
each
year
that
details
the
8
nature
and
scope
of
enforcement
activities
conducted
in
the
9
previous
fiscal
year
by
employees
designated
as
peace
officers
10
pursuant
to
this
section
who
are
assigned
to
the
supervision
11
of
the
highways
of
this
state.
The
report
shall
include
a
12
comparison
of
commercial
and
noncommercial
motor
vehicle
13
enforcement
activities
conducted
by
such
employees.
14
4.
The
department
and
the
department
of
public
safety
shall
15
coordinate
to
provide
effective
and
efficient
enforcement
of
16
all
laws
of
the
state,
including
any
related
regulatory
action.
17
6.
5.
The
maximum
age
for
a
person
employed
as
a
peace
18
officer
pursuant
to
this
section
is
sixty-five
years
of
age.
19
Sec.
2.
REPEAL.
2017
Iowa
Acts,
chapter
149,
section
4,
is
20
repealed.
21
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Under
current
law,
the
department
of
transportation
(DOT)
27
is
authorized
to
designate
by
resolution
certain
of
its
28
employees
upon
each
of
whom
there
is
conferred
the
authority
29
of
a
peace
officer
to
enforce
all
laws
of
the
state
including
30
but
not
limited
to
the
rules
and
regulations
of
the
DOT.
31
Employees
designated
as
peace
officers
in
this
manner
have
32
the
same
powers
conferred
by
law
on
peace
officers
for
the
33
enforcement
of
all
laws
of
this
state
and
the
apprehension
34
of
violators.
This
bill
amends
current
law
to
specify
that
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employees
designated
as
peace
officers
in
this
manner
have
the
1
same
powers,
duties,
privileges,
and
immunities
conferred
by
2
law
on
peace
officers
relating
to
the
enforcement
of
all
laws
3
of
this
state
and
the
apprehension
of
violators.
4
Under
current
law,
such
employees
are
prohibited
from
5
exercising
the
general
powers
of
a
peace
officer
within
6
the
limits
of
any
city,
except
under
certain
circumstances.
7
However,
the
limitation
does
not
apply
when
a
public
offense
is
8
being
committed
in
the
employee’s
presence.
The
bill
strikes
9
these
provisions.
10
The
bill
provides
that
the
DOT
and
the
department
of
public
11
safety
are
required
to
coordinate
to
provide
effective
and
12
efficient
enforcement
of
all
laws
of
the
state,
including
any
13
related
regulatory
action.
14
In
2017,
the
general
assembly
amended
Code
section
321.477
15
to
specify
the
powers,
duties,
and
limitations
of
such
16
employees.
Under
the
terms
of
the
legislation,
the
amended
17
language
is
set
to
be
repealed
effective
July
1,
2018.
Because
18
the
bill
amends
language
enacted
in
2017,
the
bill
repeals
the
19
future
repeal
provision.
The
bill
takes
effect
upon
enactment.
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