Relating to motor vehicle enforcement duties of the department of public safety and the department of transportation, providing transfers of moneys, and including effective date provisions

In addition, the state patrol must investigate and assist in the examination and identification of stolen, altered, or forfeited vehicles. The department of transportation (DOT) is responsible for the planning, development, regulation, and improvement of transportation as provided by law. DOT is authorized to designate certain employees as peace officers, who are assigned to DOT’s office of motor vehicle enforcement (MVE). MVE officers must spend the preponderance of their time conducting enforcement activities that assure the safe and lawful movement and operation of commercial motor vehicles (CMVs) and vehicles transporting loads, including but not limited to the enforcement of motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers, and registration of a motor carrier’s interstate transportation service with DOT. DOT and DPS are required to cooperate to ensure the proper and adequate enforcement of the provisions of Code chapter 321. TRANSITION —— DOT TO DPS. This bill provides for the transition of certain MVE employees from DOT to DPS. Effective July 1, 2023, DPS peace officers will assume the responsibilities and duties of MVE officers so transferred. On or before July 1, 2023, DOT and DPS, in consultation with the department of administrative services, must identify and transfer affected positions and incumbent civilian and MVE officer employees from DOT to DPS. Transferred MVE peace officers will become peace officers in the state patrol. The bill transfers to the state patrol responsibility for, among other duties, conducting enforcement activities that ensure the safe and lawful movement and operation of CMVs and vehicles transporting loads. The state patrol is tasked with enforcing motor vehicle laws relating to the operating authority, registration, size, weight, and load of motor vehicles and trailers. The bill requires DPS to adopt rules relating to the enforcement of rules regarding transportation of hazardous materials, rules regulating how a person may operate a CMV on highways, rules concerning the hours of service for drivers of vehicles operated for hire and designed to transport seven or more persons, and rules necessary to govern and control the operation, maintenance, and inspections of vehicles operating under motor carrier authority. DPS is required to submit a report annually to the general assembly detailing the nature and scope of enforcement activities relating to CMVs. DPS is also required to submit a report to the general assembly on or before December 1, 2023, regarding the progress of the transitions and transfers required in the bill. Under current law, MVE officers are authorized to enforce federal motor carrier safety rules adopted by DOT. Pursuant to such authorization, MVE officers may enter a motor carrier’s place of business for the purpose of performing a motor carrier safety audit or compliance review. An MVE officer is also authorized to inspect and copy motor carrier records required by federal law. The bill authorizes DPS peace officers to perform a safety audit or compliance review or inspect motor carrier records. RETIREMENT AND LONGEVITY PAY. DOT employees are members of, and receive benefits from, the Iowa public employees’ retirement system (IPERS) (Code chapter 97B). DPS officers are members of, and receive benefits from, the peace officers’ retirement, accident, and disability system (Code chapter 97A). Under the bill, a transferred MVE officer who has or more years of membership service in IPERS on July 1, 2023, will remain a member of IPERS and will continue to be considered an employee in a protection occupation. A transferred MVE officer who has fewer than years of membership service in IPERS will become a member of the peace officers’ retirement, accident, and disability system. A person who is employed by DOT and retains limited authority of a peace officer pursuant to the bill remains a member of IPERS and continues to be considered an employee in a protection occupation. A transferred MVE officer retains all rights to longevity pay. REMAINING DOT OFFICERS. The bill authorizes DOT to designate certain employees who have limited authority as peace officers. The limited authority includes the ability to investigate and enforce laws relating to motor vehicle records, documents, credentials, procedures, and revenues, including but not limited to crimes and abuse of authority associated with fraud, identity theft, vehicle titles and registration, dealer licenses, and authorized vehicle recycler licenses; and relating to motor vehicle fraud including but not limited to state and federal odometer laws. Employees designated by DOT as peace officers are authorized under the bill to use force in emergent circumstances and in defense of life or property. FINES —— ROAD USE TAX FUND. The bill requires the state court administrator to allocate all of the fines and fees attributable to CMV citations issued by DPS, rather than DOT, to the treasurer of state for deposit in the road use tax fund.9). The bill does not modify this prohibition. MISCELLANEOUS. The bill makes corresponding changes throughout the Code, transfers remaining moneys from DOT’s asset forfeiture fund to DPS’s asset forfeiture fund, provides for a lump sum transfer from IPERS to the peace officers’ retirement, accident, and disability system, requires DPS to honor certain employment offers by DOT, provides for transition provisions including the transfer of applicable documentation and data, and allows for the transfer of administrative rules from DOT to DPS.